남북한의 행정상 불복방법에 관한 연구 - 국내 행정쟁송 제도와 북한 신소청원법의 비교를 중심으로 -

Looking at the current situation through the Russia-Ukraine war, the situation on the Korean Peninsula, which can become the spark of another war amid the rapidly changing world situation, is also unstable. In a situation where inter-Korean relations have been strained due to internal and external factors such as North Korea-US and South-North confrontation factors based on the North Korean nuclear issue, it is questionable whether there is any real benefit in trying to study North Korean administrative legislation in preparation for unification. But, if we continue to strive for unification and prosperity to come, it is believed that the road to prosperity based on unification will eventually be achieved. One of these efforts is the study of North Korean legislation. One of the areas of research that deserves special attention is the issue of North Korea’s administrative appeal method. While the existing studies have relatively found North Korean civil and criminal-related laws, it is difficult to find studies on North Korean administrative laws and methods of administrative appeal. Assuming that unification is achieved in any way, it is necessary to study whether the administrative appeal procedure of the Republic of Korea can be immediately applied. Although most state administration is used as a tool of the regime to some extent, it is rarely used only as a tool that basically prioritizes power and system maintenance. However, North Korea has been under a one-man dictatorship based on the ‘Juche’ ideology advocated by Kim Il-seong, and it is thought that this trend has not changed from Kim Jeong-il’s ‘Military-first’ ideology to the current Kim Jeong-eun regime. It is considered that the protection of North Korean residents’ administrative rights and interests is still insufficient, considering that punishment and administration are still executed according to the will of the supreme power based on the party-dominant administrative system and the one-person leadership system. It may be the fastest way to reflect the provisions for preparing for unification in the recent constitutional amendment, but the best reference for preparing for unification that may come unexpectedly at any time, the laws at the reunification (before and after) case of East and West Germany or the case of South and North Yemen may be helpful as the precedents. Whether it is the unification treaty or the unification preparation committee, it is necessary to find a way to minimize conflicts that may arise during the unification preparation process. In addition, in seeking the integration of administrative appeal methods and preparing for North Korean adaptation to administrative disputes, if a unified nation reflecting the free and democratic social order is advocated in the end, the administrative appeal method currently prepared in the Republic of Korea will be applied, coordination through a treaty or committee will be necessary for the assimilation process that the legal status has changed.