北韓 選擧法과 統一 韓國의 選擧制度에 관한 硏究

다국어 초록 (Multilingual Abstract)

For the past 50 years, antagonism and contention have pervaded in the Korean peninsula. The division of Korea has generated vicious byproducts; abortive physical and ideological contentions brought this country innumerably unproductive uncertainties. This situation has undermined researches and discussions for reunification, and thus the scholars have been unable to deeply review the reunification issue. However, the radical international and domestic changes in late 1980s --symbolized by the dismantle of former Soviet Union and Eastem Europe-- drastically elevated the discussion of Korean reunification, and the relationship between North and South shifted from aimless contention to some degree of concord. It is a fact that the research of the reunification law is, nevertheless, still in the level of abstract discussion. In this context, this paper is an attempt to draw such an abstract discussion of the reunification law to more realistic and feasible sense.
History of Election Laws of North Korea
There have been several changes in the contents of election laws of North Korea. First, an amendment in 1962 reflects stable stage after Korean War. There also have been amendments of election laws according to changed situations in 1963, 1967, and most recently in 1992. Especially, the amendment of constitution in 1992 reflects the changed international and domestic political terrain in the post Cold War. The contents of the amendment of election laws in this amendment denote more rational and relatively progressive arrangement of the election laws. Multi-candidacy system, and election based on competition have adopted in this amendment. Yet, even though the amendment itself was rational and progressive, a chaotic application of the amendment was also observed in North Korean elections. In this sense, how North Koreans have adopted the changed laws is a crucial issue regarding the unification of election laws of North and South since it is only an abortive attempt to appraise and foretell about election lawsof North without regarding practical application of 1992 amendment.
Comparison between North and South Election Laws
There are two aspects of election laws and institutions of North and South. One is the difffrence between details in practical applications, and the other is ideological gap between the definitions of election. Especially ideological gap between North's and South's concepts of election law is wide. North's people's sovereignty and direcr democrary concept, and South's civil sovereignty and indirect democracy concept are the key differences. The key factor that defines two different concepts is whether the people have both sovereignty and political power. South Korea proclaims the separation of the sovereignty and political power. North Korea, on the other hand, has constituted identification of the sovereignty and political power, and thus it guarantees summoning and dismissal of elected representatives.
Election of Unified Germany
The excellence of the election in unified Germany is the fact that the election was proceeded regardless of election laws in pre-reunification era. There was Western Germany's overwhelming win over the Eastem Germany in the initial election. Yet, the focus of this paper pays bulk of attention to the functional importance of election process in divided Korea. From German experience, it is essential to note that the application and flexibility of institution played a significant role, and hence researchers must consider this fact for studying election laws of reunified Korea.
Conclusive Remark
The election laws for reunified Korea are not simple blends of North and South laws, but laws with institutional stability like German election laws. For this grand objectivity, South Korean election laws must face a challenge. Shifting abstract discussions of reunification laws to practical ones, and amending current version of election laws will be the infrastructure to break down barriers toward reunified Korea.

목차 (Table of Contents)

• 目次
• 제I장 머리말 = 1
• 1. 문제의 제기와 연구의 목적 = 1
• 2. 연구의 방법 및 범위 = 3
• 제II장 북한 선거법의 연혁과 발전과정 = 5
• 1. 북한 정권수립기의 선거규정과 선거법의 내용 = 5
• 2. 1962년 및 1963년 선거법의 선거규정 및 선거법 내용 = 12
• 3. 1967년 선거법과 선거규정 및 선거법 내용 = 17
• 제III장 북한의 1992년 선거법의 평가와 전망 = 19
• 1. 헌법상 관련 규정 = 20
• 2. 선거법 내용 = 23
• 3. 북한의 1992년 선거법의 평가와 전망 = 31
• 제IV장 남북한 선거법의 비교 = 37
• 1. 남북한의 선거에 대한 일반적 비교 = 37
• 2. 남북한의 선거에 대한 정치 이데올로기적 비교 = 42
• 제V장 통일독일의 선거법과 선거 사례 = 46
• 1. 통일독일의 선거법 성립과정과 배경 = 48
• 2. 통일독일의 선거법의 내용과 선거제도의 특징 = 52
• 3. 통일독일 선거의 결과 및 시사점 = 56
• 제Vl장 결론 = 64
• 參考文獻 = 66
• Abstract = 69
• 附錄 = 72