북한의 사회주의상업법 분석 (Ⅰ) -통일을 대비한 북한 상업구조의 이해-

North Korea's parliament approved the Socialistic Commerce Act in 1992, which is in force now. We, South Korea's Business Law researchers should concern this Commerce Act. The Act prescribes some of the business law as well as the North Korea's Civil Act. To research the North Korea's Socialistic Commerce Act is the best way to understand North Korea's structure of commerce, economic situation and distribution of goods. North Korea's Commerce Act's effectiveness is inevitably dependent on political ideology(socialism or communism). By the doctrine of the orthodox Marx- Leninism(Communism), there should be no law(the upper part) independent to the economic situation(the lower part) in the society. On the other hand, by the Stalinism the law is regarded as much more useful mechanism in preserving the Preletariat Revolution and ruling the nation. Though there is no stipulating clause or legal theory concerning the hierachy between laws in North Korea, this Commerce Act's effectiveness is lower ranked than the North Korea's Constitution Law. As North Korea's Civil Act is the general law stipulating about the property, some contents of the business deal are contained in it. The contents of the Commerce Act of the production, sales, transportation, goods for the tour, the company, wholesale market and retail market, exchanging between the city and the rural community, can be regarded to contain the primitive subject of the material Commercial Law like the market system. Although I think that there is no formal and normal Business Law in North Korea, we should try to review these objects there. The chapter Ⅰ, Ⅱ of North Korea's Commerce Act contains the concept of the Socialistic Commerce, production ordering system, government's procurement of the product from the people, revolutionary volunteer service, directive system in the commerce, distribution of goods suitable to the level of Socialistic Commerce, the ultimate objective of supply for free, international trade and cooperation, preservation and supply of goods according to the people's demand, wholesale market's securing goods and the interregional exchange, normal supply of goods to the retailer, making production order paper, the planning of production, distribution and supply, good supplying contract and the duty of its fulfillment, food producing system founded on the raw material base, supply of the marine products, prior supply of the preserved goods concentrated on the account closing time in the Cooperation Farm, prior supply of the mining goods, supply of labour-protecting goods, self manufacturing of the children's clothes, securing and selling goods for the tourists, production, supply and transportation of the people's fuel, guarantee system of the daily goods, the establishment of the goods distributing system, supply of the spared goods in the period of the natural calamity, direct sale market's role, duty and prohibitions, transportation of goods and letters, prohibition of unlawful outward flow of goods and the abuse of official power, etc.