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북한의 형사사법절차에 대한 체제 내외적 평가 — 미국 여기자 억류사건을 중심으로 —

Analysis of the Criminal Judicial Procedures of North Korea from the Perspective in and out of the System- with Respect to the Detention of two American Journalists -

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On 17 March, 2009, North Korean boader guards detained two American journalists after they crossed into North Korea from China without a visa. Despite vigils for two journalists throughout the United States, they were not released. Rather, they were found guilty of illegal entry and hostile acts and sentenced to twelve years hard labor in June 2009. North Korean leader Kim Jong-il pardoned the two on August 5, 2009, the day after former U.S. President Bill Clinton arrived in the country on a publicly unannounced visit as a special envoy. It is worth nothing that North Korea has shown quite a different stance on this case comparing its previous practices. Pyongyang has reported in detail about the ongoing situations of the affair; on 21 March, 2009, the Korean Central News Agency (KCNA), the state news agency of North Korea, announced that two journalists were in the investigation process; On March 30, it reported that preparations were under way for indictments and a trial, saying, "The illegal entry of US reporters into the DPRK (Democratic People's Republic of Korea) and their suspected hostile acts have been confirmed by evidence and their statements." It clearly demonstrates that North Korea wanted to show the world that it actually follows the rules of its own legal system as well as those of the international one. The purpose of this article is to analyze the criminal judicial system of North Korea and evaluated it from the perspective in and out of the system of the country with respect to the case mentioned above. This article takes a close look on whether Pyongyang observed its own criminal laws based on the legal system of North Korea, and whether it established the criminal laws fulfilling the international standards on the criminal laws and criminal judicial procedures. The examination leads to the conclusion that considering this case North Korea neither complied with its own laws nor satisfied the international standards. In other words, this case has proved that the criminal judicial procedures of North Korea are nothing but hollow and all depend on the political situation in and out of the country.

Abstract

On 17 March, 2009, North Korean boader guards detained two American journalists after they crossed into North Korea from China without a visa. Despite vigils for two journalists throughout the United States, they were not released. Rather, they were found guilty of illegal entry and hostile acts and sentenced to twelve years hard labor in June 2009. North Korean leader Kim Jong-il pardoned the two on August 5, 2009, the day after former U.S. President Bill Clinton arrived in the country on a publicly unannounced visit as a special envoy. It is worth nothing that North Korea has shown quite a different stance on this case comparing its previous practices. Pyongyang has reported in detail about the ongoing situations of the affair; on 21 March, 2009, the Korean Central News Agency (KCNA), the state news agency of North Korea, announced that two journalists were in the investigation process; On March 30, it reported that preparations were under way for indictments and a trial, saying, "The illegal entry of US reporters into the DPRK (Democratic People's Republic of Korea) and their suspected hostile acts have been confirmed by evidence and their statements." It clearly demonstrates that North Korea wanted to show the world that it actually follows the rules of its own legal system as well as those of the international one. The purpose of this article is to analyze the criminal judicial system of North Korea and evaluated it from the perspective in and out of the system of the country with respect to the case mentioned above. This article takes a close look on whether Pyongyang observed its own criminal laws based on the legal system of North Korea, and whether it established the criminal laws fulfilling the international standards on the criminal laws and criminal judicial procedures. The examination leads to the conclusion that considering this case North Korea neither complied with its own laws nor satisfied the international standards. In other words, this case has proved that the criminal judicial procedures of North Korea are nothing but hollow and all depend on the political situation in and out of the country.

참고문헌 (14)

  1. 김수암, "북한의 형사법제상 형사처리절차와 적용 실태" (2005), 통일연구원
  2. 도중진, "통일대비 북한 형사법령 통합방안 예비연구 (형사특별법 정비방안 18)" (2008), 한국형사정책연구원
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  6. 법무부, "중국 형사법" (2008), 법무부
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  9. 윤대규, "2004년 북한 개정형법의 내용과 의미에 관한 연구", 형사법연구, (24), pp.365~384 (2005), 한국형사법학회
  10. 이백규, "북한의 개정 형사소송법의 동향과 평가", 북한법연구, (8), pp.153~ (2005)
  11. 장명봉, "2008 최신 북한법령집" (2008), 북한법연구회
  12. 정태욱, "북한의 인권문제에 대한 국제적 책임 - 협력적 인권 개입을 위해서", 영남법학, 11(2), pp.49~ (2005)
  13. 정태욱, "북한 자유법안 및 북한 인권법안에 대한 비판적 논평", 영남법학, 10(1), pp.189~ (2004)
  14. 한인섭, "북한의 개정 형법의 동향과 평가 - 죄형법정주의를 향한 일대 진전인가?", 북한법연구, (8), pp.111~ (2005)

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