북한 형사보상제도의 존부 확인을 통한 북한 형사소송제도의 이해

Abstract

With the data of South and North Korea, I examined whether a criminal compensation system exists in North Korea and if it does not, the reason behind it. This examination was also done to understand the criminal justice system that North Korea had inherited from a socialist legal system based on the political ideologies of Marx. In the case of the North Korean Criminal Procedure Law, there is an 'arrest and detention system' by investigative agencies, and there are 'appeal system' and 'review system' which are disagreement means against court trial results. If there is an objection to arrest, detention and trial results, there is a system in which the state compensates those who are exonerated from criminal charges after arrest or execution. This is called criminal compensation . North Korea stated in its report to the U.N. Human Rights Commission that there is a criminal compensation provision. However, there are no explicit rules on criminal compensation under the North Korean Constitution, and no independent criminal compensation law has been confirmed to exist. It is difficult to say whether there is a criminal compensation system in North Korea. This is because although there has been no confirmation of existence of a law in North Korea that stipulates criminal compensation, there is testimony from a North Korean defector that states there is a system that compensates for the damage caused by arrest and detention. Also there is a system called ‘Shin So' for recovering from violations related to works in prosecution and trial as well as legal sanctions. But if you consider what the nature of criminal compensation is, you can answer whether there is criminal compensation in North Korea. The criminal compensation system is designed to redress the violations a person who is later found not guilty received through investigation and trial. In North Korea, however, the principle of innocence is denied based on the principle of collectivism, and the first trial conducted by a court composed of people's jurors is most important. To use ‘Shin So’, it is confirmed that the person who submitted the petition must prepare and submit accurate data. In the nature of the North Korean criminal lawsuit, it is logical that the system of genuine criminal compensation does not exist in North Korea. In the concept of rights based on collectivism, there is a fundamental limitation in guaranteeing the basic rights of an individual. In North Korea, which gives priority to the whole rather than the individual, it is difficult to have a criminal compensation that was born out of enlightened humanitarianism and philosophy of natural law.