북한에서의 국제법의 국내법적 지위 및 효력에 관한 소고

Some Reflections on Legal Position and Effect of International Law in Domestic Legal System of North Korea

The purpose of this paper is to analyze some legal problems concerning position and effect of international law in domestic legal system of North Korea. First, there are two basic doctrines, monism and dualism, concerning relationship between international law and municipal law. However North Korea is not in position of dualism nor in position of monism. In my opinion North Korea takes the view that international law and municipal law are in equal position. Second, treaties of North Korea can be classified into three categories in domestic effect. Some treaties have prior effect than domestic law. Other treaties have equal effect with domestic law. And the other treaties have inferior effect than domestic law. Third, domestic legal system of North Korea is composed of constitution, statutes and other normative documents. Other normative documents have varied effects according to its institution. Legal position of treaties in municipal legal system of North Korea can be changed according to interpretation of constitution and treaty act of North Korea. Fourth, it is uncertain whether or not treaties are controlled in North Korea. However it is highly estimated that treaties are controlled by competent authorities, because treaties should correspond to North Korea s principles of international law and Juche Ideology, and as one of North Korea s laws, treaties should discharge its mission. Fifth, there are two theories regarding implementation method of international law. One is a doctrine of transformation and the other is a doctrine of incorporation. It is interpreted that treaties of North Korea become municipal law without any special measures for implementation. In this sense we can say that North Korea adopts a doctrine of incorporation.