북한 형법상 반국가 및 반민족범죄에 관한 연구

Anti-nation crimes are called anti-revolutionary, political, and hostile crimes in other expressions. It is a chapter that ideological color is the strongest in criminal laws of North Korea. It corresponds to crimes of rebellion, collusion, and violation of national security law. Anti-nation and anti-nationality crimes in the criminal laws of North Korea are composed of article 60 to 73. All of them consist of three clauses. They are anti-nation crime in clause 1, anti-nationality crime in clause 2, and crimes of concealment, no report, and neglect against anti-nation and anti-nationality crimes in clause 3. Mostly, these contents are regulated in abstract and comprehensive forms. So, it is difficult to grasp what actions are relevant to punishment regulations. Among all 14 provisions in chapter 3, five provisions such as plotting the overthrow of a state in article 60, terror crime in article 61, treason against the country in article 63, destruction and secret damage crime in article 65, and treason against nationality in article 68 of the criminal law regulate penalties of death and property deprivation. Anti-nation crime in clause 1 has a total of seven provisions. Among them, in case that the degrees are heavy in destruction and secret damage crimes in article 65 of the criminal law, the punishment was strengthened so that the death penalty can be sentenced besides the hard labor penalty in life imprisonment. And, in concealment, no report, and neglect crimes in clause 3 of the criminal law of North Korea, no report crime in article 71 was revised. Therefore, about anti-nationality crime besides anti-nation crime, it was regulated that the act of no report can be punished. Subjects and ranges of the punishment were expanded. Acts of political upheaval, riot, demonstration, and raid as well as an "armed riot" for overthrowing the state as acts of previous constitutional requirements can be punished and the limit of statutory punishment was deleted. Subjective constitutional requirements were regulated comprehensively into "anti-national purpose". Additionally, it was regulated that terror actions against general people as well as patriotic people can be punished. Plus, regardless of contents of propaganda and agitation, in case of anti-national purposes, the objects can be punished. In case of no purpose of subverting the Republic, it is regulated that the objects can be punished by the crime of treason against the country. But, about terror crime in article 61 of the criminal crime, especially, incase that the degree is heavy, the hard labor penalty in life imprisonment was added selectively. So, there is an aspect that some statutory penalties were alleviated. But, overall, it is evaluated that criminal penalties were strengthened. In anti-nationality crime in clause 2, there are three provisions. Among them, about the treason against nationality in article 68 of the criminal law, the statutory penalty was alleviated from "death and all property confiscation" to the hard labor penalty five and more. On the other hand, in hostility crime against Joseon [North Korea] people in article 70 of the criminal law, it was regulated that acts of foreigners who traffic in Joseon people, infringe their property, or cause ethnic disharmony for the purpose of being hostile to Joseon people can be punished. About the treason against nationality in article 68 of the criminal law, the statutory penalty is "death and all property confiscation". When there are reduction reasons, the "hard labor penalty 10 and more and all property confiscation" were into the "hard labor penalty five and more". In case that there are weighting reasons, the penalty was alleviated such as the "hard labor penalty in life imprisonment or death & all property confiscation". An article was created like hostility crime against Joseon nationality in article 70 of the criminal law. Like criminal prosecution limitation was not applied to anti-nationality crime, there is an aspect that some punishments were strengthened. However, since the statutory penalty was downgraded in a condition of no big change of the constituent requirements, it can be evaluated that the punishment was alleviated. The crimes of concealment, no report, and neglect against anti-nation andanti-nationality crimes in clause 3 have three provisions. Previous regulations were adjusted. The basic contents were maintained as they were (article 71 or 73 of the criminal law of North Korea). Criminals of anti-nation and anti-nationality are applied to additional punishment (disfranchisement in article 32of the criminal law of North Korea).The disfranchisement in section 1 is a punishment to deprive a person who committed a crime of anti-nation and anti-nationality of voting right for some regular period. In case of examining a crime case of anti-nationality, the disfranchisement problem should be examined together. The period of disfranchisement is 5 years. It should be calculated from the day when the hard labor penalty in limited imprisonment ends. Article 58 of the criminal law of North Korea regulates in crimes of anti-nation and anti-nationality and intentional significant murder as crimes excluding the application of prosecution prescription under a heading of "crimes that the prosecution prescription is not applied". About crimes of anti-nation and anti-nationality, regardless of periods of criminal prosecution limitation, criminal liability is assumed. In a comparative legal viewpoint, South Korea regulates exceptional cases of prosecution prescription in various special laws and excludes the application of prosecution prescription. However, North Korea has regulations on the exclusion of prosecution prescription in the criminal law. The property confiscation penalty in the criminal law of North Korea is not applied to general crimes. Among crimes of anti-nation and anti-nationality, in case that the degrees are so heavy in terror crime in article 61, treason against the country in article 63, secret damage crimes in article 65, and treason against nationality in article 68 of the criminal law of North Korea, the property confiscation penalty can be added to the death penalty.