2004년 북한형법 개정, 그 내용과 의미 - 죄형법정주의를 향한 일대 진전인가 -

Abstract

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...