북한의 유사형사법제에 관한 고찰

• 영문명: A Study on Pseudo-Criminal Laws in North Korea
• 발행기관: 한국형사법학회
• 저자명: 김태석(Kim Tae-seock)
• 간행물 정보: 『형사법연구』형사법연구 제26권, 451~476쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.12.01

영문 초록

  The unification of South and North Korea is our long-cherished hope. To realize the hope effectively, we need to know North Korea well. The legal system is the foundation supporting the whole society of the country particularly in making and executing various policies. Thus, research on the realities of North Korean laws is a shortcut to the understanding of North Korean society. Particularly considering that criminal laws are the most accurate reflection and representation of ideologies related to the dignity of man pursued by a country or society, it is essential to study criminal laws in North Korea. In addition to the Criminal Code and the Criminal Procedure Code, there are laws and regulations in North Korea such as the Social Security Control Act, the Comrade Judgment Council and the Committee for Guiding Socialistic Legal Life for controlling residents without going through a formal legal court or procedure. Thus, present study examined such pseudo-criminal laws as one of efforts to understand North Korea.
  The Social Security Control Act covers extensive and various illegal acts, but because conditions for the constitution of crimes are not clear, terms are used comprehensively and there is no provision on punishments, the law is highly likely to violate human rights. The Comrade Judgment Council is a trial procedure, in which residents participate directly. However, it does not reflect people’s sentiment but have residents dispose acts against the instructions and absolute authority of Kim Il-seong and Kim Jeong-il and moral corruptions by themselves as a political method of instigating and cultivating people. The Committee for Guiding Socialistic Legal Life purposes to exercise strict control over people in order to reinforce the Juche ideology and to strengthen the hereditary and absolute power of Kim Il-seong and Kim Jeong-il rather than to guide social members to a law-abiding life.
  However, the targets of the Social Security Control Act are redundant a lot with those of the Criminal Code revised in 2004, and the Criminal Procedure Code revised in 2004 was amended in a way of guaranteeing human rights but we cannot see specifically how the law is being applied due to the closed North Korean society. According to the testimonies of defectors from North Korea, there is still a big gap between the law and the reality and human rights are being infringed upon continuously.
  Thus, we need to collect and analyze materials continuously and actively and exert our utmost efforts to improve North Koreans’ human rights, to be legally prepared for any violation possible in exchange between South and North Korea, to minimize difficulties and aftereffects in the transitional period before unification, to overcome heterogeneity between South and North Korean residents, to harmonize legal order and system, and to restore national homogeneity.

목차

Ⅰ. 머리말
Ⅱ. 사회안전단속법
Ⅲ. 동지심판회
Ⅳ. 사회주의법무생활지도위원회
Ⅴ. 맺음말
〈Abstract〉

키워드

사회안전단속법 동지심판회 사회주의법무생활지도위원회 The Social Security Control Act The Comrade Judgment Council The Committee for Guiding Socialistic Legal Life