북한의 수사구조 연구

Abstract

With beginning of 21C, North Korea is no longer a prohibited land. South Korean people can go on a trip to Mt. Kŭmgang by their cars or go to work at Gaesong Industrial Complex. Before long, we can see some climbing clubs will upload their special plans of climbing Mt. Paecdu at their personal site in the Internet. As North Korea becomes closer to us, it is possible that N.K’s judicial system can have an direct effect on South citizens, for example when they visit North Korea. In this regards, the necessity of the study on the North Korea criminal investigation structure get increased as much. These kinds of studies have been rare because of the shortage of useful materials and the limit of outer viewpoint. I studied North Korean criminal investigation procedure and structure by reading original books from N.K and interviewing with the escaped people. North Korean criminal investigation system is composed of investigation and preliminary investigation. Investigation is to find crimes and criminals before preliminary investigation and preliminary investigation is to collect evidences. Public prosecutors can indict criminals on basis of those investigations. Especially, prosecutors’ duties and rights in surveillance are checking the law enforcement of investigative unit, preliminary investigation, and trial. When public prosecutors find the violation of law in the way of investigation or preliminary investigation, they can correct it by means of the decision and instruction. The decision means the acceptance or rejection about investigators or preliminary judges’ conclusions. It has the written form and plays a role as the post controlling measure to those conclusions. And also the instruction is almost same with the decision. It is just different from the decision in the point of the participation in (preliminary) investigation. In conclusion, (preliminary)investigation of N.K is independent function. Public prosecutor cannot command (preliminary)investigators and must guarantee their independent actions at law. Also (preliminary)investigators can protest against prosecutor’s decision and instruction. This point is very suggestive to us preparing the period of union of the Korean Peninsula.