북한의 권력구조 변화와 헌법개정에 관한 상관성 고찰

Abstract

The Constitution of North Korea was enacted and promulgated on September 8, 1948 as the People's Democratic Constitution, and the Socialist Constitution of the Democratic People's Republic of Korea was newly adopted on December 27, 1972, including the 2019 Constitution, which did not guarantee basic human rights such as life, liberty, and property of all people, or operate as a norm to control and limit the supreme power of the state. From a legal normative perspective, North Korea's supreme authority exists beyond the constitution and is not bound by the law, and he has no real limits to the exercise of his constitutional powers. It can be said to be a state system in which the policies of the party and the state and the state's official governance system, such as the constitution, must coincide with the will of the leader, the sole leader. Likewise South Korean rulers in the past amended the Constitution with political intentions to prolong the regime, this paper attempted to examine what the political implications of the supreme power in North Korea's constitutional amendment there were, and find out what role the Constitution played in establishing the hereditary system leading to Kim Il-sung, Kim Jong-il, and Kim Jong Un. In addition, it was a question about the North Korea system, how it gave legitimacy to the power succession by using the constitutional normative power for the unique national hereditary succession by blood in the socialist system. For this purpose, in particular, this paper employed North Korea's 1992 constitutional amendment, Kim Jong-il's succession to power, Kim Il-sung's posthumous rule and 1998 constitution, and Kim Jong-il's posthumous Kim Il-sung--Kim Jong-il's constitution as the main subject of research. To understand the correlation between changes in the power structure of North Korea and the constitution, this paper tried to investigate first of all, what there are in the contents of the constitutional paving stone for the succession of Kim Jong-il and Kim Jong Un, and find out Kim Jong-il's posthumous rule developed after Kim Il-sung's death and the intention of constitutionalization work for the deceased Kim Il-sung, and examine how the constitutional acceptance of the newly emerged state guidance guidelines was along with the hereditary succession of state power, and what intention there was in the constitutional reflection of the governing philosophy by deleting the previous highest state position and changing the new state position. It was because of the political intention shown in the amendment of the North Korea Constitution and the desire to approach the practical legal and normative environment of North Korea.