Based on the scenario method, this study inquires how North Korea's transitional legal system will develop until 2020. In connection with the building of the legal system in next ten years, two variables are introduced, for the scenario method require...
Based on the scenario method, this study inquires how North Korea's transitional legal system will develop until 2020. In connection with the building of the legal system in next ten years, two variables are introduced, for the scenario method requires two variables, among many, which are most critical and influential. Concerned with Northeast Asia, cooperation and conflicts between the USA and China is selected as the first variable. Related to North Korea, lasting and loosening of the so-called "military-first" legal system is chosen as the second one. In combination of the two, four scenarios are made up.
Scenario I (Shaking of "Our Style Socialist" legal system: combination of cooperation between the USA and China and loosening of "military-first" legal system): Building of economy replaces "military-first" politics in North Korea, as peace agreement and diplomatic relations between North Korea and the USA are concluded and established, and agreement of denuclearization is put into action. A transitional legal system, based on the principles of legalism, is arranged, replacing the "military-first" leagal system in which "teachings" constitute the skeleton of norms.
Scenario II (Inclination to China's legal system: combination of conflicts between the USA and China and loosening of "military-first" legal system): The USA chooses reconciliation and cooperation with North Korea for its national interests. It concludes agreement of the denuclearization of the Korean peninsular and peace agreement, which lead to the establishment of diplomatic relations between North Korea and the USA. North Korea decides change in its policy placing building of economy on top of "military-first" politics. At the same time, North Korea pays attention to China's system transition and legal system and starts to build a "legal system for socialist market economy" for its system transition.
Scenario III (Overflowing of "the Leader's teachings and words": combination of conflicts between the USA and China and lasting of "military-first" legal system): The USA and China go into conflicting relationship due to their economic situations and national interests. As China drastically curtails their economic support to and cooperation with it, North Korea confronts "the second march of suffering." Building of legal system for system transition is delayed as "military-first" legal system is further strengthened and the Leader's "teachings" and "words" become still more fundamental norms.
Scenario IV (Duplicity of surfacing economic legal system: combination of cooperation between the USA and China and lasting of "military-first" legal system): As the cooperative relationship between the USA and China is maintained, both the third stage of the denuclearization of the Korean peninsular and the conclusion of peace agreement between North Korea and the USA are carried out. However, North Korea continues "military-first" politics for secure settlement of the regime of Jung Eun Kim and in consideration of treachery of the USA, accepting, at the same time, the principles of market economy to get out of economic anxieties. Foreign economic legal system, based on the principles of market economy, is built and applied to foreign investment businesses, while existing planned economic legal system is applied to domestic national enterprises.
Whatever scenario should be realized, the aim of policy the South Korean government might pursue should be the building of legal system focused on the establishment of system shift, shift of economic system in particular, while accepting North Korea's despotic socialist political system.