남·북한 형법 통합을 위한 원칙과 방안

Abstract

South korea, being the only divided country in the nation, is having 67th anniversary of division, and 70th anniversary of independence. Because it has been more than 100 years of confrontation, there are lots of difference in politics, law, economics, cultures, and even languages compare to North at present. In the case of Germany, even though they were divided as almost same period as Korea, they could succeed in unification through the Wall of Berlin in 1990 because they have prepared reunification through the suffering and hardships. Because reunification is a huge historical event that can come anytime and anywhere, we ought to be well prepared for it beforehand, and this also applies to the law field as well as criminal law. Even though they prepared carefully, Germany have spent so much time and work to solve law problem even after 20 years from reunification. Robert Carlin, North Korea expert from CIA, said that unprepared reunification is a disaster for the North and burden for the South, and we know we are not taking any specific actions to succeed in reunification. Accordingly, this paper will talk about principles and plans for the reunification, specifically in the combined criminal law. Generally, there are three types of reunification, gradual unification, sudden unification. and unification through battle. There is no doubt that we try to take gradual unification plan, however, there should be specific steps for the to preparation in combining criminal law. Therefore, This paper will cover the three stages of principles and plans for the unification in the field of criminal law, reconciliation and cooperation stage, South and North alliance stage, and unified nation stage, based on the past unified policies introduced by Roh Tae-woo’s Unification Policy(1989) and Kim Young-sam’s Unification Policy for Global Korean Community(1993)