범죄이론적 측면에서 살펴본 북한형법

North Korean Criminal Code serves as a useful tool to guarantee socialistic ideology and dictatorship by the proletariat, and to eliminate everything on the way of communist world, which is the ultimate purpose of the socialism. Recently North Korean Criminal Code has been made forward-thinking revisions several times since it was significantly revised in the regulations in 2004. Of course, because there has been being retained that the nature of North Korean Criminal Code is means of expression or tool of realization of policy and the substantial component is ‘social dangerousness’, it is possible to deny the basic principle of ‘nullum crimen sine lege’ and admit the analogical interpretation. For all that, making observation of the North Korea’s tendency of legislation on the value-neutral stand, we could deliberately prospect ‘the rule of law’ in North Korea. Especially it could be estimated that latest two revisions of 2007’s and 2009’s are set up to preserve North Korea’s system, but North Korea has proclaimed the measure for revitalization its economy and will maintain the buildup of foreign contacts. Therefore it will be inevitable to escalate the normative function of Criminal Code. Though there are different points of view on the legalism, it could be said that North Korea already codified laws for the general public in 2004, and has been accelerating the improving various laws and regulations in such a way to meet the realistic needs of socialism. From the recent changes in North Korea Criminal Code and other Acts it may be prospected that ‘the rule of law’ would settle down in North Korea. Also it suggests that we would be more positive to open the new chapter of cooperation in the field of legislation exchange between the South and the North.