북한의 집단주의 법원리와 권리-의무에 대한 법문학적 고찰

초록

Collectivism legal principle(CLP) is the basis of the social life and the rights-duties system in North Korea. The previous researchers have evaluated that the CLP is the totalism legal principle in a liberalist view point. But, they have committed an error which they didn’t consider the utterance-contexts of legal texts about CLP. Instead of the previous researchers’ external approach, this article analyzes the North Korea’s CLP and the rights-duties system in the internal-contextual approach. And this article uses the methodology of the Law & Literature, because we are able to know the Sollen-Sein aspects of their social norms and social life through the North Korea’s literary works. In this works, we can recognize that ① although the duties are prior to the rights in the CLP, ② collectivist’s rights are the foundation of the member’s happy life, ③ in this reason, the collectivist’s group must secure the member’s self-reliant rights, and ④ if the group is not faithful in the performance of its duties, the group must reconstruct its system in which the member can live self-reliantly, creatively, and consciously.

키워드