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학술저널

북한의 2009 헌법개정과 선군정치

The 2009 Amendment of the North Korean Socialist Constitution and the ‘Songun’(Military-First) Politics - Consolidation of the Constitutional Status and Powers of Chairman of the National Defense Commission(NDC) and the NDC -

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The amended socialist constitution of North Korea was adopted by the first session of the 12th Supreme People’s Assembly on April 9, 2009. Above all, the revised constitution consolidates Institutionalization of the Kim Jong-il’s ‘Songun’(military-first) politics. It places Kim Jong-il’s ‘Songun’ (military-first) idelogy on the same level as the nation’s founding idelogy of ‘Juche,’ which was strongly promoted by his late father and the North Korea’s founding leader, Kim Il-sung. In the revised constitution, Article 3 stipulates that North Korea “is guided in its activities by the Songun ideology and Juche idea, a world outlook centered on people and a revolutionary ideology for a achieving the independence of the masses.” The newly revised constitution dramatically reinforces the authority and duties of the chairman of the National Defense Commission (NDC) and stipulates the power that have been executed by the NDC chairman(Kim Jong-il). Article 100 in the amended statutes says that the chairman of the NDC, a post held by Kim Jong-il since 1993, is the “supreme leader of the Democratic People’s Republic of Korea(DPRK).” While inarguably the most powerful figure in the reclusive socialist nation, the revisions mark the first official acknowledgment of this in the state’s constitution. New articles on the role and authority of the NDC chairman were added in the revised constitution. Article 103 states that the chairman of the NDC “oversees all state affairs, appoints and dismisses major figures in the military sector, and also ratifies or abrogate important treaties with foreign nations.” It stipulates the NDC chairman also maintains the authority to grant special pardons, and declare states of emergency and war or issue mobilization orders. As is well known, Kim Jong-il was re-elected as NDC chairman by the Supreme People’s Assembly(SPA) in April 2009. Kim was initially named chief of the NDC in 1993, a year before the death of his father. He was re-elected to the post in 1998 and 2003. Kim Jong-il officially succeeded his father in September 1998, four years after the death of the former leader. An constitutional amendment in 1992 helped transfer military command to Kim from his father. North Korea revised its constitution in 1998 to strengthen the NDC as “the highest military leading organ of State power” in charge of all defense policies and military sactions, making Kim the nation’s leader under its ‘Songun’ Politics. The NDC holds the right to appoint and dismiss key military officials, and to declare war or issue mobilization orders. As mentioned above, new articles on the role and authority of the NDC chairman and the NDC were added in the newly revised constitution of 2009. In result, North Korea has revised its constitution to articulate that the NDC chairman is the supreme leader of the country, a virtual head of state. According to the constitution, Kim Jong-il is inarguably the paramount leader of North Korea as chairman of the NDC. In this respect, the new constitution seems to suggest that the new structure of state power is a monolithic leadership system of ‘Great Leader Kim Jong-il’ as Chairman of the NDC. It can be said a mechanism of the military-first politics. In North Korea, the military-first politics is referred to regime crisis. Ever since the late 1980s when the socialist bloc collapsed, the North Korean system has been in an overall crisis. The regime continues to struggle to maintain itself. In short, the military-first political line is likely to be a survival strategy to maintain the regime and a lifeline of ‘Socialism of Our Own Style’ in North Korea. In sum, the military-first political system will be consolidated continuously.

목 차

1. 머리말

2. 사회주의헌법의 개정

3.‘선군정치’의 제도적 공고화

4. 국가기구에서 ‘국방위원회 위원장’ 규정 신설(제100~105조)

5.‘국방위원회’의 권한 강화(제106~110조)

6. 헌법개정의 특징과 선군정치의 전망

참고문헌

Abstract

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