북한법의 역사적 형성과 변화

Abstract

North Korean law, as a part of Korean law, is approaching to the 60th

Anniversary of its foundation. The process of it's historical formation is not

much known to the common people as well as the academic researchers.

This writer as a legal historian has paid attention to the legal history of North

Korea since last 10 years. It is really hard to grasp the process from the point

of the writer himself. Fortunately, a number of the North Korean materials offer

some clues to access the process. First of all, a book called Legislation History

of Democratic People's Republic of Korea(Pyongyang, 1986) written by Hong

Keukpyo gives a good guide to the whole history of North Korean legislation.

Hong classifies the history into seven stages:

1) Glorious Anti-Japanese Revolutionary Struggle(1932-46)

2) Anti-Imperialistic, anti-feudalistic Revolution for Democracy(1946-48)

3) First Stage toward Socialism(1948-50)

4) Legislations for Glorious War of Nation's Liberation(1950-53)

5) Post-War Restoration of Economy and Socialistic Foundation(1950's)

6) Total Reconstruction for Socialism(1960's)

7) Struggle for Perfect Victory of Socialism(1970's)

This periodization is, of course, strongly colored by the socialistic ideology of

North Korea. It shows that law in North Korea has faithfully served the state

power. It shows even the fact that North Korea prepared the Korean War of

1950 carefully by the legislation in the name of the Nation's Liberation.