북한환경법에 관한 기초연구

A Basic Study on the Environmental Laws in North Korea

&nbsp;&nbsp;Unlike other areas of law, the inability to gain access to information makes it practically difficult to have a true picture of what the environment-related laws in North Korea are like, thereby resulting in total absence of such studies ever made to date, even by scholars working on the laws in North Korea. However, North Korea has recently reorganized its environment-related laws systematically, making them public externally. Such reorganization of environment-related laws could be assessed as mitigated, with respect to its contents, in its ideological colors and as attempts to systematize its laws being made with respect to its form while there still remains much to be desired. It is understood that North Korea is re-organizing environment-related laws in a move to enhance protection of environment by securing legislative control. It is expected, therefore, that the country&quot;s jurisdictional control in the area of environment-related laws will be further enhanced in the days to come. This means that the need to understand the environment-related laws in North Korea can take on a more real significance, as never before.<BR>&nbsp;&nbsp;This dissertation proposes to have a comparative review of the history of the North Korea&quot;s environment-related laws, their fundamental principles and so forth, alongside their counterparts in South Korea in accordance with such latest shifts in such political and legislative environments. This necessitates making a preview of the basic principles, characteristic features and system of the North Korea&quot;s laws, followed by an review, on this basis, of the fundamental principles of the country&quot;s environment-related laws. To sum up the preceding discussion:<BR>&nbsp;&nbsp;First, embodied in the laws in North Korea are legal principles of subjectivity, the national leader&quot;s ruling principle, revolutionary mentality of laws and the principle of the people&quot;s legal subjectivity in the form of the fundamental principles and ideology, apparently featuring the ideological nature (the undertone of socialistic system), political (subordination) nature and that of policy making leverage.<BR>&nbsp;&nbsp;Second, with respect to the form of legal system, there are &quot;laws and ordinances&quot; and &quot;decisions&quot; of People&quot;s Supreme Council, &quot;decisions&quot; and &quot;orders&quot; by Committee of National Defense, amendment of &quot;laws and ordinances&quot;, &quot;commands&quot;, &quot;instructions&quot; by Resident Committee under Supreme People&quot;s Council, and the Cabinet&quot;s &quot;decisions&quot; and &quot;instructions.&quot; The relationships among the legal forms show such a hierarchical structure running downward as the constitution - laws and ordinances, and orders - political ordinances - decisions. Characteristic about the system is the fact that the policies of the party takes the precedence over laws, based on Article 11 of the constitution to the effect that all the activities are under the leader-ship of Labor Party.<BR>&nbsp;&nbsp;Third, viewed at the time the environmental laws were written into law and from a historical perspective, the North Korea&quot;s legislational trend has made a departure away from the traditional stance where the issue of environment had been perceived in terms of protection of the nature to the stance where the issue of environment is perceived in terms of prevention of environmental pollution.<BR>&nbsp;&nbsp;Fourth, while the principles of environment protection in North Korea differ from the basic principles in South Korea, the principles of preconsideration is embodied while there remains room for the principles of guaranteed continuation and of sustainable development. In North Korea the principles of results to be imputed to the causer, of cooperation and of administrative information to be made public are not yet admitted.