장성택 처형 과정에 비추어 본 북한의 형사법제

On December 12th 2013, Jang Sung-taek was executed as soon as he received a death sentence by Article 60 of North Korea's the criminal law, the conspiracy of the state subversion, in the Special Military Trial of the State Security Department. This paper overall reviews North Korea's the criminal law and the criminal procedure law through the process from the arrest to the execution of him. North Korea's the criminal proceedings is commonly proceeded by the order of Investigation → Preliminaries → Prosecution → 1st trial → 2nd trial → Enforcement. The most peculiar thing among them is that there is the preliminaries as well as the investigation. The preliminaries reveals all facts affecting the decision for guilty-or-not-guilty and the degree of responsibility, and determines whether indicting or not. Jang Sung-taek was tried in the Special Military Trial of the State Security Department as reported. When considering North Korea's the criminal procedure law, it seems that the preliminaries and the investigation were performed by the persons in charge in the State Security Department, and also the special prosecutor's office performed the prosecution. In general, the criminal proceedings for Jang Sung-taek followed the North Korea's the criminal procedure law. However, there is a doubt whether he had the defence chance. It seems that the procedures were not done, that the court notices the court day and sends the indictment until 5 days before the court day so that the defendant prepares the trial, and the lawyer participates in the trial. Most of all, it is the aspects against humanity that the execution was presented by only one trial, in the proceedings of the execution he was shot to death and his body was horribly mutilated by a flame thrower.