북한 형사소송법상 비상상소제도

A Research on North Korean law can be said to have an internal task that must eventually be indigenous in the form of ‘Korean law’' for the sake of unified Korean law. The criminal procedure laws of the two Koreas reveal differences in their historical background, ideological structure, and the style of legal system operation. This study focused on the interpretation of the North Korean Criminal Procedure Code based on the so-called “presumptio similitudinis” principle that problems arising from social interactions are similar and their solutions are similar. Considering the closed nature of the North Korean regime, the North's criminal justice process is still unclear and veiled. Therefore it is very difficult to confirm whether the provisions of the North Korean Criminal Procedure Code are developed in practice as it is, that is, the degree of agreement between norms and reality. In addition, in North Korea, the Supreme Leader's instructions, the Labor Party's code and protocols, and the Labor Party's judicial policy embodying them become higher norms of all laws, and the legal norm of criminal law has fundamental limitations. Formally, North Korea takes the second trial system, but allows the central court to directly try the first trial case, so that the central court under Article 53 of the North Korean Criminal Procedure Act (directly under the jurisdiction) judges appeals against the first trial of the provincial court and special court. In this case, it can be pointed out that the interests of the Defendant's trial are not guaranteed in that the Defendant may be punished in a single trial. In other words, there is a great concern that the stage of judgment by trial will be dismantled and the procedural definition will be damaged in some cases - depending on special political situations. It can be evaluated that the characteristics of the North Korean Criminal Procedure Act are reflected in the emergency appeal system. We take the third trial system, the legal dispute ends as a judgment of the Supreme Court, which is the third trial. Therefore, the emergency appeal system is a special procedure with very low applicability. Accordingly, it stipulates that only the prosecutor general can file an emergency appeal. However, in North Korea's criminal proceedings that adopt the second trial system, the possibility of using the emergency appeal system is relatively high. Accordingly, in North Korea's emergency appeal, general individuals and institutional organizations are also allowed to file an emergency appeal. In addition, it can be estimated that North Korea's emergency appeal system is highly likely to be used for political relief purposes along with legal relief. Unlike us, where law and politics are strictly distinguished, The operation of the north Korea's emergency appeal system will not be irrelevant to the North Korean system, which is virtually dominated by one party-labor party.