통일시대를 대비한 통합형법의 기초연구

Abstract

One of the key issues to be reviewed before discussing the unification of North and South Korea is to establish the unified legal system of Criminal Law which not only overcomes the differences and inconsistency, but also harmonizes them. Therefore, it is necessary to acknowledge the differences between Criminal Laws of two Koreas, which will resolve the legal contradiction between two Koreas and ultimately form the basis for the integrated Criminal Law for both North and South Korea. Main concerns related to Criminal Law while preparing for the unification of Koreas include dealing with criminals who have already been sentenced before the Unification, deciding whether to punish political crimes, finding out the appropriate procedure for the political crimes, if punished, and establish proper systems to manage those who have been working for criminal and judicial authorities. If Criminal Law abides by the principles of liberal democracy, many of Articles of Criminal Law of North Korea would be invalid. Thorough study is to be conducted over Criminal Law of North Korea to detect some of Articles which could continue to be legally effective when expanding and adapting Criminal Law of South Korea into the new Criminal Law. In the process of unification of East and West Germany, not all articles of Criminal Law of East Germany were not abolished, and there were some exceptional clauses dealing with elements of crimes. The main purpose of Criminal lies not on protecting ideology or governmental systems, but on guaranteeing freedom and rights of people, and Integrated Criminal Law, therefore, must pursue the rule of law and the principle of legality.