북한 법제정비지원의 법적 성격과 기능적 수용주체

In terms of its contents, the support for improving the North Korean legal system is divided into two types: the support for improving the legal system as an ODA, which has the characteristics of aid to transitional countries, and the support for improving the legal system as part of the integration (preparation work) of law and legal system in the unification process. The South Korea's intended support for improving the North Korean legal system ensures that the current inter-Korean legal system gap no longer deepens. It also means preparatory work to reduce in advance the confusion and conflicts that may arise when the inter-Korean exchanges expand and settle in the process of unification. And this will ultimately be oriented toward the integration of law and legal system between the two Koreas. In addition, since the support for improving the North Korean legal system is inherently aimed at the establishment of the rule of law, this will gradually lead North Korea to a normal country. In order to ensure the successful settlement of such support for improving the legal system, research and review of the recipients, namely counterparts in the recipient country of North Korea is required. At the level of organizational law, the persons who are directly responsible for these projects will be state agencies organized to carry out the functions of the state, but the practical role will be played by lawyers. Therefore, the functional recipients of the support for improving the legal system should be identified as lawyers, and as a general category of such lawyers, we need to look at North Korean attorneys. The 《Attorney-at-Law Act》 of North Korea stipulates that attorneys guarantee human rights and advocate the national legal system through their defense activities and legal aid. However, the nature of the North Korean attorney system under North Korea's regime, which is dominated by socialism and collectivism, is expressed in its characteristic of the people. And this part reveals the essential differences from our attorney system. Therefore, it is required to approach with such intrinsic differences in mind in attempting and proceeding exchanges with North Korean lawyers in the process of the support for improving the legal system in the future.