남·북한 형법 통합의 전제조건과 방향

Korea is the only divided country in the world. Divided as historically there is nothing eternal The nation will eventually unification eventually, and the time may be late, but it may come as a surprise.Unification is by no means unique to one field.Political, economic, social, cultural, military, and beyond ideological unification can be considered as complete unification. So is the law. In particular, the fact that two countries with different ideologies such as democracy and socialism are united into one has no choice but to overcome conflict over the years.The major element of this conflict is social conflict, and the integration of laws is more important because the means to be resolved by social conflicts are laws. The integration of the law has great significance in the unification of the two Koreas. However, North and South Korea now tend to be too early to speak of unification due to the North Korean nuclear issue and various conflicts. Despite this atmosphere, in the light of Germany's unification, the continuous exchange between the two Koreas will be the basis for unification, as the basic exchange became the medium and eventually the fall of the Berlin Wall. If legal homogeneity is achieved through such exchanges, someday, it will go to the unification stage, and legal integration will be easy and the integration of criminal law will be smooth. In the case of progressive unification, a special law should be enacted through a unification treaty to examine the scope and transitional provisions of the criminal law, the handling of crimes committed by North Koreans, and whether or not the North Korean Criminal Code is applied. The unification of the law is the completion of true unification.