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 lessened since the 1987 revision of Criminal Law. Only four offenses among the so-called anti-state offenses maintain the death penalty. But, according to the 2004 revision of Criminal Law, most of those who crossed the border of N.K. are re-classified from the anti-state label to the mere act of crossing the border which is subject to the punishment of forced labor for 2 years or less. Hearing of broadcast, and the Collection, Keeping, and Distribution of documents which offend the authority of N.K. have been under severe penalty several years before. But, under the new Law, the mere hearing of South-Korean broadcast is exempt from punishment. Only the “systemic” or repeated hearing, collection, keeping or distribution is re-classified as a kind of misdemeanor. Thus, the tendency to lessen punishment of the offenses of crossing, hearing, etc. shows the changing function of law which reflects the social change. The recent change in N.K. Criminal Law and other Acts suggests some positive possibilities. Law is expected to control a variety of illegality distinguished from the ideological aspect. It may be prospected that the rule by men would be transformed into the rule by law. As N.K. will be exposed to the outside world, its authority will not neglect the pressure from the outside world which argues the advancement of human rights. The successive reform of Criminal Law may imply some positive sign of N.K. change, albeit it will remain the characteristics of “nominal norm” for the time being.