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박창석(Park, Chang-Seok) 한양법학회 2012 漢陽法學 Vol.23 No.4
It is a duty of police that prevention and elimination of risk through the maintenance of peace and order. To this end, Police inevitably limit the rights and freedoms of citizens, Police action is a typical infringement action. So, for police action the basis of strict laws are needed. In case of Korea in order to provide a basis for police action, many individual laws involved with police action exist. Among them, “Act on the Performance of Duties by Police Officers” is the general Act on the police action. We prove it in the article 1 of this Act. The article 1 of this Act is regulated as follows: The purpose of this Act is to prescribe matters necessary for the performance of the duties by the police officers in order to protect the freedom and rights of citizens and to maintain social and public order. The authority of a police officer prescribed by this Act, shall be limited to a minimum degree necessary for the officer to perform his duties, and shall not be abused. The communist state, North Korea, has also the Act involved in police action. “Act on the People’s Security Crackdown” is it. The first name of this Act is “Act on the Social Safety Crackdown”. But it is not known to us when the name of this Act is changed due to the closing of North Korea. We can be assumed only 2001. This Act is similar to our “Act on the Performance of Duties by Police Officers” discipline in the sense that related to the police action. But, the main contents of this Act is the control and enforcement of the residents. In this study, I interpret the provision of the “Act on the People’s Security Crackdown” and “Act on the Social Safety Crackdown” as a North Korea’s police action act.
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김태석(Kim Tae-seock) 한국형사법학회 2006 刑事法硏究 Vol.26 No.-
The unification of South and North Korea is our long-cherished hope. To realize the hope effectively, we need to know North Korea well. The legal system is the foundation supporting the whole society of the country particularly in making and executing various policies. Thus, research on the realities of North Korean laws is a shortcut to the understanding of North Korean society. Particularly considering that criminal laws are the most accurate reflection and representation of ideologies related to the dignity of man pursued by a country or society, it is essential to study criminal laws in North Korea. In addition to the Criminal Code and the Criminal Procedure Code, there are laws and regulations in North Korea such as the Social Security Control Act, the Comrade Judgment Council and the Committee for Guiding Socialistic Legal Life for controlling residents without going through a formal legal court or procedure. Thus, present study examined such pseudo-criminal laws as one of efforts to understand North Korea.<BR> The Social Security Control Act covers extensive and various illegal acts, but because conditions for the constitution of crimes are not clear, terms are used comprehensively and there is no provision on punishments, the law is highly likely to violate human rights. The Comrade Judgment Council is a trial procedure, in which residents participate directly. However, it does not reflect people’s sentiment but have residents dispose acts against the instructions and absolute authority of Kim Il-seong and Kim Jeong-il and moral corruptions by themselves as a political method of instigating and cultivating people. The Committee for Guiding Socialistic Legal Life purposes to exercise strict control over people in order to reinforce the Juche ideology and to strengthen the hereditary and absolute power of Kim Il-seong and Kim Jeong-il rather than to guide social members to a law-abiding life.<BR> However, the targets of the Social Security Control Act are redundant a lot with those of the Criminal Code revised in 2004, and the Criminal Procedure Code revised in 2004 was amended in a way of guaranteeing human rights but we cannot see specifically how the law is being applied due to the closed North Korean society. According to the testimonies of defectors from North Korea, there is still a big gap between the law and the reality and human rights are being infringed upon continuously.<BR> Thus, we need to collect and analyze materials continuously and actively and exert our utmost efforts to improve North Koreans’ human rights, to be legally prepared for any violation possible in exchange between South and North Korea, to minimize difficulties and aftereffects in the transitional period before unification, to overcome heterogeneity between South and North Korean residents, to harmonize legal order and system, and to restore national homogeneity.
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고헌환(Ko Heon-Hwan) 한국법학회 2011 법학연구 Vol.42 No.-
한반도의 통일은 우리민족의 오랜 숙원이자 과제로 남아 있다. 최근 들어 북한 체제의 붕괴 등 여러 가지 이유로 통일에 대한 논의가 대두되고 있다. 남ㆍ북한은 전혀 상이한 정치 및 경제체제를 채택하여 현재의 규범질서를 유지해 오고 있다. 이러한 상황에서 장래 남ㆍ북한이 통일을 할 경우에 제도적 통합과정에서 다양한 문제가 발생할 수 있다. 특히 통일이후의 간과할 수 없는 측면이 바로 통일이후 급증하게 될 범죄문제 및 치안수요에 관련된 문제이다. 즉 사회질서를 유지하기 위한 문제이다. 따라서 통일이후에 발생할 수 있는 다양한 분쟁을 최소화하고 효율적인 통합을 이루기 위해서는 그 전 제로서 남ㆍ북한의 사회제도 및 법규범에 대한 면밀한 연구가 선행될 필요가 있다. 따라서 본 고에서는 북한의 「사회안전단속법」과 한국의 「경찰관직무집행법」의 주요내용을 제시하여, 비교ㆍ검토하고 통일이후에 남ㆍ북한의 경찰조직과 경찰법령의 통합방향을 검토하고자 하였다. Specific contents of police legal system and basic directions of the unification of police legal system in South and North Korea The Korean Peninsula’s unity remains as a national task and old grudge. Recently, a discussion of unity comes to the fore because of many reasons such as collapse of North Korean system. South and North Korea have kept current normative constraints with adopting totally different political and economic system. In this situation, if South and North Korea unified in the future, many kinds of problems can occur in the institutional integrated process. Especially, a serious problem that cannot be ignored after unity is a matter of crimes and public peace that will be increased rapidly after unity. In other words, that is a problem for preserving public order. Therefore, the study on South and North Korean public order and legal norms needs to precede to accomplish efficient unity and minimize many troubles that can bring in after unity. So, this study examines and compares North Korean social safety control law with South Korean police duties performance law, and after unity, this study tries to review integrated direction to South and North Korean police system and police Amendment.
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