김정은 시대 북한 민사재판규범의 변화와 이해

Abstract

North Korea’s civil trial norms have a significant impact on economic cooperation with North Korea or companies investing in North Korea from the perspective of protecting rights related to dispute resolution. Among North Korea’s civil trial norms, the Law on Composition of the Court was first revised during the Kim Jong-un era. In addition, the Civil Procedure Law is a law that regulates the procedures and methods of dispute resolution based on the jurisdiction of the North Korean authorities, and is the most secure and final means of dispute resolution in dispute resolution. The Civil Procedure Law of North Korea during the Kim Jong-un era has been revised five times so far. Its first revision was made in 2015, and the revision in 2020 is the latest version. Among other things, the Civil Procedure Law revised in 2016 can be seen as the biggest change in terms of systems and contents. In particular, the revision of the regulations regarding trial preparation procedures and evidence is noteworthy. In addition, this article briefly examines the main contents of the Property Execution Law enacted in 2021. This article first examines the changes in the content of North Korean civil trial norms in the Kim Jong-un era, focusing on civil trial jurisdiction, civil trial preparation, civil evidence, and civil execution. And in connection with this, after grasping the characteristics of the civil trial norms, I look forward to the North Korean civil trial norms in the future with implications for them. As an important indicator, detecting changes in the North Korean legal system is to assess changes in the North Korean system omnidirectionally from the legal and institutional perspective. This article is intended to contribute to the process of faithfully preparing for the development of civil and commercial dispute resolution systems in the South and North Koreas.