S-Space College of Law/Law School (법과대학/대학원) The Law Research Institute (법학연구소) 법학 법학 Volume 46, Number 1/4 (2005)
2004년 북한형법 개정, 그 내용과 의미 - 죄형법정주의를 향한 일대 진전인가 -
The 2004 Criminal Law Revision in North Korea - a taking-off toward the rule by Law? -
- Issue Date
- 서울대학교 법학연구소
- 법학, Vol.46 No.1, pp. 413-445
- In the year of 2004, North Korea revised its Criminal Law along with its
Criminal Procedure. The scale of change is voluminous; the number of Articles
is almost doubled. Its ideological tone is decolored, and more norm-like
expressions are dominant. Most of all, it declares the principle of legality-
“nullum crimen sine lege.” Analogy is excluded from the interprtation of
Criminal Law, and the elements of crimes are more clearly than not expressed.
The principle of no-analogy with clarity results in the conspicuous increase in
the number of Articles.
In the field of punishment, two new types are added; life imprisonment and
labor-training[Ro-dong Dan-yeon-hyeong]. The latter implies the infliction of
forced works at the labor camp instead of prison works imposed upon those
who committed misdemeanor.
North Korea proclaimed the governmental measure for revitalizing its economy
on July 2002. It includes the market-oriented economy which encourages the
private incentives, autonomous price system, and is more ready for foreign
investment. The changing structure of economy requires the regulation of various
illegalities which accompany the economic activities. Thus, the 2004 revisions of
criminal law focus on the regulation against illegal economic activities.
Central role of Criminal Law in North Korea lay in the harsh suppression
against so-called anti-revolutionary, anti-state crimes. But, its harshness has been...