북한의 이혼소송과 집단주의 법원리에 대한 내재적 이해 - 소설『벗』을 중심으로 -

As we know, the collectivism legal principle is the basis of the social life and the rights-duties system in North Korea. If we want the South & North Korea unification, we must study its meaning in more detail. This article investigates the actual and normative meaning of right, duty and responsibilty within the collectivism legal principle through analyzing the North Korea's divorce litigation in the view of an internal approach. For this work, this paper uses the novel 'Friend' written by Bak, Nam-Ryong, who is the most famous writer in North Korea. The marriage and divorce in North Korea have three important characteristics, which are ① the husband and wife as a personality relationship, ② the state as a societal family, ③ the paternalism of state in the respect of Juche's Legal Theory. A protection of individual personality has a danger to conflict with consolidating of a societal family. The paternalistic intervention of state is necessary to solve this conflict. However, if this conflict could not be solved by interference of state, the individual is able to pursuit his happiness autonomously by himself. In North Korea's collectivism legal principle, the individual responsibility doesn't separate strictly from the social responsibility. They are correlated with each other. The individual responsibility tends to restrict when the social responsibility can be acknowledged.