조선로동당 규약과 북한 헌법의 관계 연구

This study attempts to clarify the relationship between the Rules (kyuyak) of the Workers’ Party of Korea (Chosŏn Rodongdang; the “Party”) and the North Korean Constitution (“Constitution”) in light of the socialist party and theories of law. Based on the leadership principle for the state of the Party, existing research tends to recognize that the Rules of the Party (“Rules”) are higher norms than the Constitution. But the party leadership is political leadership and the socialist laws are reflections of the party’s lines and policies, and have universal binding power throughout the state. The Rules are composed of the Party’s platform, the Party’s organizational/operational principles, and the Party organizations’ authority and leadership policy. Therefore the relationship between the Rules and the Constitution needs to be considered by distinguishing between these parts with different characteristics. It is normal for the Party to set the Party platform first and then to reflect it in the Constitution. In other words, the Party platform is precedent to the Constitution. Meanwhile, the primacy of the Party platform does not mean its normative superiority over the Constitution. It is only possible to recognize the superiority in the political sense that the Constitution should be enacted/revised in accordance with the Party platform. The organizational/operational principles of the Party are different from the constitutional matters, so in principle, they do not conflict with the Constitution. That is, there is no hierarchial issue with the Constitution. Among the powers of the Party organization, those related to state actions stipulate the Party’s leadership authority in this field, and do not presuppose direct exercise of power over state actions. In conclusion, the Rules governing the Party organizations and the Party members are not normatively higher than the Constitution, which has an overall national effect.