북한형법의 변화와 통일 후 불법청산방안

As the case in Germany, the unification of the two different political systems raises many difficult problems in politics, economics, cultures and laws. In Korea this similar problems will be thrown in the process of the reunification between the South and the North. The first principle in the reunification of the legal system between the two Koreas is the establishment of the law-governed country. In socialist countries, the legal system serves as the mean of the rule by the Communist Party. In the North Korea, the law is not recognized as the independent entities or values to protect the rights of the people. In the reunificated Korea, rule of the law should be the ultimate principle as the inviolable values. And the second problem in the reunification process is the legal punishment of the unlawful actions by the North Korean regime such as the shooting to the escaping people from the North Korea to China. And so many inhumane executions to the anti-government peoples are witnessed and reported. The laws which legitimize the inhumane actions of the North Korea should not be fully granted. In the light of the universal human rights, the inhumane laws of the North Korea will lose effect after reunification. But, the other laws will be prolonged after reunification in the principle of “nulla poena sine lege”. If the punishment of the North Korean law is less compared to that of the South Korea to the same crime, the North Korean law will be applied. In this paper, it will be reviewed the characteristics of the legal system of the North Korea (II), the problem of the application of the criminal law after reunification(III), the problems of the illegal actions of the North Korean regime(IV).