[논문] 2004년 북한 개정형법의 내용과 의미에 관한 연구

• 영문명: Details and Implications of the 2004 Amendment of the North Korean Criminal Code
• 발행기관: 한국형사법학회
• 저자명: 윤대규(Yoon Dae-Kyu)
• 간행물 정보: 『형사법연구』형사법연구 제24권, 365~384쪽, 전체 20쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.12.01

영문 초록

In June 2004, the North Korean criminal code underwent drastic revision. The most significant change was the broadening in the scope of regulations. The breadth of the code was almost doubled, from 161 to 305 articles. The most modified and enlarged area of criminal law concerned the economy. Previously, Chapter 4 Section 2, which covered criminal acts against the socialist economy, contained only 18 articles. Now, Chapter 5 Section 2, covering acts against the economy (note the absence of the adjective "socialist") has been expanded to 74 articles. Another important change has been the adoption of nulla poena sine lege, or the principle of legality. This basic principle of criminal law states that no one can be penalized for actions not strictly prohibited by law. While this was brought on at least partly by international criticism of the North's human rights, it is still a significant improvement from a legal perspective. There was also change in the arena of penalties. While there was previously only one category for hard labor, now there are three classes of penalty, hard labor for life, terminable hard labor (1-15 years), and reeducation (6 months-2 years). What these changes mean is that, while the socialist system is still safeguarded, free market transactions have been officially recognized, and the judicial system is expected to be more adept at dispute resolution. This is in order to create an environment that is more attractive to the international community as well as foreign investors. Protection of individuals and society from the new crimes emerging in the changing social environment appears to be significantly enhanced. These changes are indicative of the direction in which the DPRK' is moving. It goes without saying that in an intricately connected society, a wide scope of laws need to be devised in a number of specific areas. Basic law reform as well as the development of specialized legislation is still necessary in order to bring the North's code up to a level comparable to that of a constitutionalist, free, democratic society. Although criminal law in North Korea is still in need of further improvement, recent reform can be seen as a significant step in the right direction.

목차

Ⅰ. 서 론

Ⅱ. 개정형법의 변화내용

Ⅲ. 북한 형법개정의 의미와 평가

Ⅳ. 결 론

[Abstract]