북한 행정벌에 대한 고찰

Abstract

The administrative punishment in North Korea is a means of the class struggle in order to complete socialism, and it is also a means of controlling its people for the purpose of realizing the Juche Idea. It is roughly constituted of the criminal liability and the administrative respon- sibility. In North Korea, the administrative punishments are comprehensively authorized in the Criminal Law and the Administrative Punishment Law. These laws comprise indefinite concepts in their meanings and contents, which make it inevitable to do analogical interpretation and to apply the customary criminal law. In conclusion, the administrative punishments in North Korea don't obey the rule of law doctrine. After the national unification of North Korea and South Korea, the legal system of the administrative punishment in North Korea should be merged into the consitutional order of the Republic of Korea, which adopts the principle of liberal democracy and the rule of law doctrine. In addition, the relief measures like criminal rehabilitation or administrative rehabilitation should inevitably be taken to rehabilitate victims of the illegal administrative punishment which was brought for the political purpose of realizing socialism and the Juche Idea. The constituent contents of the rule of law doctrine, i.e. justice, legal stability and the principle of proportionality should be applied to a yardstick for judgment over the illegality of the administrative punishment in North Korea. Criminal rehabilitation and administrative rehabilitation should be mutually linked with each other.