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? -

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Issue Date
서울대학교 법학연구소
법학, Vol.46 No.1, pp. 413-445
2004년 4월 29일자로 북한의 형법이 대폭 개정인민민주주의혁명의 성과범죄에 대한 형사책임유추 조항의 삭제
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...
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 46, Number 1/4 (2005)
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