북한 사회주의헌법의 인권 실효성에 관한 연구

The Research on the effectiveness of Human Rights in North-Korean Socialist constitution

This Article is a attempt to understand the effectiveness of human rights in North-Korean constitution. Generally speaking, the concept of human rights is told as “the right owned by human being” and has been promoted as a legal concept in large part due to the idea that human being have “fundamental” rights. The University of human rights has strengthened its persuasion, and the idea that human rights is not in the control of states has widely been accepted. Thus in case that human rights violations span such as indiscriminate jailings and torture and the forced sterilization of women, moreover such violations are not tolerable, it is probable that international community intervene in domestic human rights abuse or international sanctions isolate several regimes because of their human rights violations. So then, Under what condition can human rights be effectively guaranteed? It is ‘The rule of Law’. Originally, the reason the rule of law is rule is due to the rule of rights. And the rule of Law is the practical means to prevent arbitrary work of state power and guarantee human rights. In other words, only the rule of Law would not be left people alone in natural conditions that the principle of power dominates. For constitution to guarantee human rights ought be based on the following three rule - the rule of clarity, the separation of powers, constitutional court-. To understand the effectiveness of human rights in North-Korean constitution, this article attempts the appliance the three rule- the rule of clarity, the separation of powers, constitutional court- to North-Korean constitution. In case of North Korean constitution, there has been the following absence of three rule. the absence of the rule of clarity, separation of powers, and constitutional court. First, the rule of clarity is the internal condition to prevent the arbitrary interpretation of states. But in case of North-Korean constitution, the concept of ‘people’, ‘the rights of people’, ‘the freedom of religion’, and ‘the freedom of labor’ etc can be variously interpreted. In case of the fundamental rights and duty, its boundary is ambiguous. Second, the rule of the separation of powers is the external condition to prevent the arbitrary interpretation of states. But because the political structure of North Korea is vertically formed, the rule of the separation of powers does not actually work. Third, constitutional court is playing its own role for the purpose of protecting human rights, supplementing other national authorities in the scope of human rights protection. But because all court of law in North Korea that plays a role of constitutional court has been under the control of Labor Party, all court of law in North Korea has recognized the command of ‘Suryong’ as the highest rule. In this point, human rights provision described in North Korean Constitution are not only nominal but also decorative constitution.