통일대비 남북한 수용자의 형집행법 비교연구: UN 넬슨만델라규칙을 기준으로

Abstract

The background of the study is the common perception of a need to thoroughly prepare to achieve the reunification of the divided country, Korea, which has been divided over 70 years after the outbreak of the Korean War. As the years of division have been prolonged, North and South Koreans are becoming increasingly disparate, but at a time when the situation between the two Koreas is rapidly changing, we need to prepare in advance for reunification. The result shows that the criminal administration act of North and South Korea are quite heterogeneous and clearly show ideological differences. Therefore, the direction of the establishment of the legal system is expected to change depending on how unification is achieved in the future. Nevertheless, by comparing the provisions of the North-South Korea’s criminal administration act, we could find similarities and differences. Also, provisions that exist only in either ‘criminal administration act of North Korea’ or ‘criminal administration act of South Korea’, those that are in criminal administration act of South Korea and UN Regulations but not in the ‘criminal administration act of North Korea’, and those that are in criminal administration act of North Korea and UN Regulations but not in the ‘criminal administration act of South Korea’ were found. In particular, compared to the ‘Nelson Mandela Rule’ of the UN, there were few provisions regarding the treatment of prisoners in the ‘criminal administration act of North Korea’ and it was also hard to say that the ‘criminal administration act of South Korea’ fully accepted UN standards. Finally, the study explored ways to integrate the criminal administration act among the legal systems of North and South Korea, taking into account the precedents of the unification of Germany. The need to research the direction of the integration of the criminal administration act of North and South Korea in consideration of various unification is also discussed.