북한의 집단주의 법원리 및 통일법 연구를 위한 시론(試論)

초록

Collectivism legal principle(CLP) is the basis of the social life and the legal system in North Korea. The previous researchers about the CLP contributed to making a foundation of North Korea Law studies in poor surroundings. But, although they raised a question of “how do the individual profits harmonize with the national profits through CLP in North Korea?,” they concluded that this accordance is impossible in a liberalist view point. And they evaluated that the CLP is the totalism legal principle. But, previous researchers committed an error which they did’t consider the utterance-contexts of legal texts about CLP. In this reason, they had a risk of the disagreement between their research results and the North Korean’s real life, and they will not help to the South-North Korea’s unification law research. This article suggests the dialogic ethical approach attitude (DEA) about CLP and the unification law research, in stead of previous researcher’s external approach. This article argues that if we want to study the CLP, we must inquire into CLP on the 5 steps: ① Recognizing the other(North Korea)’s external identification, ② Having a dialoge with each other, ③ Understanding and sympathizing the other in his contexts and positions, ④ Evaluating the other in my contexts and positions, ⑤ Having a innerly persuasive discourse and making a polyphonic unification.

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