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정태욱 ( Tai Uk Chung ) 연세대학교 통일연구원 2008 통일연구 Vol.12 No.2
President Lee Myung-Bak has pledged to build an artificial island named Nodle in the midst of the Han River Estuary to boost inter-Korean economic cooperation. The Plan, however, has some legal predicaments as well as other ones. Because the estuary is a zone which is ruled by the Korean Armistice Agreement, the project of “Nodle Island” must be approved by the United Nations Command(UNC) and the North Korea as well. But the present South Korean administration would not maintain the relationship with North Korea that the former administrations established. Therefore, so long as the Lee Myung-bak administration does not change its stance, the “Nodle Island” Plan is legally unattainable.
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북한 인권 문제의 현황과 전망 -유엔 안전보장이사회 상정을 계기로-
정태욱 ( Tai Uk Chung ) 민주주의법학연구회 2015 민주법학 Vol.0 No.57
The UN Security Council took up the issue of North Korea’s human rights situation. North Korean human rights issue entered a new critical condition. On the one hand, there is a possibility of sudden change of North Korea. On the other hand, the concerned countries will increase efforts for avoiding a certain catastrophic outcome. This paper stands at the latter assessment. So, firstly, it analyzes the present situation of North Korean human rights issue and secondly, suggests various chances for the human rights dialogue between UN mechanism and North Korea, between Europe and North Korea, last but not least between South and North Korea.
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정태욱 ( Tai Uk Chung ) 아세아여성법학회 2006 아세아여성법학 Vol.9 No.-
In general, ‘the rule by ruler’ or ‘the rule by law’, not ‘the rule of law’ is said to prevail in North Korea. North Korea, however, contends to be a sort of “socialist Rechtsstaat”. North Korean conception of rule of law is characterized by preserving social order, educating the people, controlling the bureaucracy, enhancing social welfare, and the priority of politics to law. This conception of rule of law is far from the liberal one, which is oriented toward the restriction of the government power, the preservation of individual liberty, and the procedure of democratical deliberation. But if we are to enhance the principle of rule of law to the non-liberal societies like North Korea, we should get over the adherence to the liberal conception. In this respect, Randall Peerenboom`s theory of the thin and thick conceptions of rule of and Wei Pan`s theory of a consultative rule of law regime are very much indicative. Peerenbom`s thin conception of rule of law stresses the formal or instrumental aspects of rule of law, for example, those features that any legal system allegedly must possess to function effectively as a system of laws. In contrast to thin version of rule law, the thick conception begins with the basic elements of a thin conception begins with the basic elements of a thin conception but then incorporate elements of political morality such as particular economic arrangements, forms of government or conceptions of human rights. Distinguishing between thin and thick conceptions makes it possible to address North Korea well in terms of rule of law. The thin theory enables you to narrow the scope of the discussion and avoid getting bogged down in larger issues of political morality. Pan`s consultative rule of law regime is ‘a rule of law regime supplemented by denocracy’ instead of ‘a democracy supplemented rule of law’. He states that without rule of law, those who have won majority votes hold concentrated power and they might turn a democracy into a tyranny. As it were, distributing ballot boxes is far easier than building checks and balances. Inspired by the polity Singapore and Hong Kong, he suggest a consultative rule of law regime with the following six-pillar structure; a neutral civil service system based on meritocracy, and autonomous judicial system, extensive social consultation institutions, an independent anti-corruption system, the independent auditing system and the freedoms of speech, press, assembly and association. This consultative rule of law regime will be of great use for the direction of improving North Korean regime, especially for it doesn`t demand the multi-party democracy, which is supposed to be the last step of the improvement of North Korean regime, As in the theory of a consultative rule of law regime, North Korea now sees corruption, abuse or languor of the government as its most serious problems. In conclusion, weshould take into consideration the non-liberal possibility of improvement North Korean rule of law regime, forgoing the electorate democracy.
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