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논문 기본 정보

자료유형
학술저널
저자정보
정광진 (북방문제연구원)
저널정보
한양법학회 한양법학 한양법학 제27권 제4집 (통권 제56집)
발행연도
2016.11
수록면
223 - 246 (24page)

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초록· 키워드

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For the prosperity of our nation, the unification of the North and South is indispensable and it is time to prepare for unification. At this time, it is important to understand the legal system of South Korea with regard to the North-South unification. In order to prepare for unification, it is necessary to make North Korean defectors and North Korean defectors understand the Korean system before unification. This is because North Koreans can be said to have been formed by political socialization and political thought education, which they learned in North Korea while living under the socialist system. The settlement of North Korean defectors in South Korea is also one of the factors that promote North Korean defectors. And some of the inhabitants of North Korea are hesitant to escape due to misinformation and fear of South Korea"s legal system. Therefore, it is important to understand South Korea"s legal system as an object of current North Korean defectors and refugees. In the end, as the North Korean people understand the South Korean system before and after the reunification, the unification cost that South Korea should bear will be lowered and the solidarity of the nation will become harder.
A study should be conducted to analyze the key factors affecting the formation of the North Korean people"s system in North Korea. This is because this research is based on the establishment of an effective strategy to correct the structure of consciousness of North Koreans. Therefore, it is necessary to capture the important factors affecting the formation of the perception of the North Korean people"s legal system so that they will be able to understand and adapt the legal system of South Korea properly if they feel heterogeneous or unreasonable. will be.
Understanding South Korea"s law on North Koreans should be based on the constitutional relationship between liberal democracy and law. On the other hand, North Korean residents as the object here refer to those who are currently residing in South Korea, those who are residents of North Korea, and those living in other countries.
In relation to the knowledge of law in the socialist state known to the North Korean people, first, the viewpoint of law in socialism, the law of South Korea is irrelevant to the will of the class, and the social consensus of all social constitution The law should be changed according to the fact that the law is made according to. Second, we must correct the viewpoint related to nationalism through the explanation that there is no law established in the concept of national democracy in the past or future, and that the nation for us is only meaningful in terms of cultural identity and pride. Third, the point of view of the legalism in socialism is that since our law does not recognize the class from the beginning, it must be broken through that there is no place in our legal system to reflect the recognition of the class. Fourth, misunderstanding of the justice and the law of capitalism which criticizes in socialism is a social law called the third law domain, and it should be notified that this argument is
In addition, it should be understood that our law is irrelevant to the guiding ideology, the words and will of the authorities, and the party"s policy regarding the North Korean law, in which the North Korean people act as specific criteria for the law. In other words, there is no such thing as the Juche idea in South Korea, and the President of South Korea is essentially different from the Kim Il Sung, Kim Jong Il, and Kim Jung Eun in North Korea, and the ruling party in South Korea should be recognized that it is quite different from North Korea"s Labor Party.

목차

Ⅰ. 서론
Ⅱ. 사회주의 국가와 법 개념 및 법이론
Ⅲ. 북한법의 개념, 이론, 기초
Ⅳ. 북한주민의 법 인식 전환
Ⅴ. 결론
참고문헌
Abstract

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