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베트남의 법치주의 전환이 북한에 주는 함의 - 행정구제를 중심으로 -

Vietnam’s Transition to Rule of Law and its Implications to North Korea - Focusing on Administrative Remedies -

초록/요약

This paper sees the norm and reality of rule of law in Vietnam, and compares with those of North Korea. Especially this paper focuses on the administrative remedy, which is a core system in rule of law. Vietnam’s transition to rule of law shows many implications, and similarities and differences between North Korea and Vietnam are analyzed as follows. First, following similarities can be indicated: 1) both countries emphasizes socialist rule of law, and strict observance of law and centralized political system is recognized in this context, 2) corruption is still prevalent in spite of introducing (partial or comprehensive) market economy system, 3) complaint system in Vietnam and petition system in North Korea is not evaluated highly in respect of independence and objectivity. Second, following differences can be mentioned: 1) judicial reform is more emphasized in Vietnam in comparison to North Korea, 2) market economy related legal reform is actively implemented in Vietnam, while this reform is limited to economic special zone in North Korea, 3) administrative litigation act exists in Vietnam and also enforced actually, while it does not exist in North Korea.

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