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A Study on the Road Traffic Law in North Korea

  • Public Land Law Review
  • Abbr : KPLLR
  • 2008, 40(), pp.275-292
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

WON JUNG KIM 1

1청주대학교

Accredited

ABSTRACT

Road Traffic law of North Korea regulates general materials in the aspect of contents. Especially, in the constitutional aspect, it regulates totally 5 chart 86 article leading to broad-ranging substanes which are not specific. This shows us that although the law of Road Traffic is very significant in modern society, that of the North is not enough developed. As evidences of that case, speed of cars has preference to pedestrians, and there are regulations of carts, strollers and bicycles which are main transport in North Korea. An odd thing is founded in legislating the Road Traffic law that regulative articles are abnormally general and abstractive. There isn't legislated commitment law in the North. So, orders to be taken to low-ranking officers to can't be understood just with acts. Traffic Safety Rule of subordinate rule was built in 1996, and Road Traffic Law of superior law was in 2004 in which total 86 articles are compulsory. Such forces leave administration office no room for manoeuvre. Additionally, because articles are written excessively in pure Korean, it is too difficult to understand. From above facts, Road Traffic Law of the North is opposed to the purpose of modern legislation that should exist to protect the basic rights of the people. Also, the constitution and organization of Road Traffic Law don't conform to a law-governed country. It is a kind of formal law, not practical one. Moreover, it is not sure if there is really Road Traffic Law and if the law exists in North Korea, it is also not sure that the law is in effects, because Traffic Safety Regulations are already established. In order to increase the trade between the South and the North, and prepare for unifying the two, it is necessary to repair and revise the legislation of the North systematically through consistent inter-exchanging between the two and consulting legislative policy. In addition to that, continuous analysis and study on laws related with Road Traffic of the North are needed.

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