통일대비 법적 동화과정을 통한 북한 형사소송법 적용가능성에 관한 연구

Abstract

Tensions over the Korean Peninsula are still ongoing. In particular, through the Russian-Ukrainian war, the world is returning to another Cold War system before the neoliberal system, and it is difficult to see any easing of tensions between the two Koreas for the time being. Nevertheless, this is not to say that we are neglecting or not doing any research on North Korea’s legal system due to the international situation. Times like these could be a good opportunity to review once again the overall unification policy and implementation details that South Korea has done with North Korea. It could be said that time is given to build the work to be done and the applicability of the unification-related studies. In that sense, the North Korean Criminal Law has been studied by many scholars and is still being studied. On the other hand, although the North Korean Criminal Procedure Law has been studied to some extent, in reality there is a doubt whether these procedures enacted in the name of protecting human rights are properly observed in North Korea, and there remains recognition that it is a procedural law for maintaining the North Korean regime. However, as a result of examining the North Korean Criminal Procedure Law so far, although it is still far from the rule of law criminal procedure, it can be seen that the procedural form for maintaining their own system is in place to some extent. In this case, rather than vaguely rejecting the North Korean Criminal Procedure Law in preparation for unification, we can make the most of the data available to us, such as a thorough review of the North Korean Criminal Procedure Law, testimonies of North Korean defectors, and North Korean media reports, to learn more about the North Korean Criminal Procedure Law in preparation for unification. Research should be continued. In addition, more research is needed on the legal integration process in preparation for both gradual and sudden unification based on the national community unification plan. This article should be the beginning, not the result of these studies. In preparing for unification in the future, relevant government ministries such as the Ministry of Unification, the Ministry of Justice, and the Ministry of Education, as well as various research institutes, and academia should carefully analyze and study the number of possible cases in the process of unification. Therefore, if we prepare for unification, which may come suddenly one day, with a calm and proactive attitude rather than embarrassment and confusion, the prosperity of a unified Korea and world peace will be realized right before our eyes.