북한의 민사소송에 관한 소고

Reversing the current tensions in inter-Korean relations could lead to progress in the reform and opening of North Korea, peaceful coexistence and cooperative exchanges between the two Koreas, and the eventual unification and integration of the two Koreas, so that the two countries should exert themselves in various ways to facilitate or prepare for the development of such situations. The civil procedure is a procedural system for resolving judicial disputes. The understanding, evaluating, and reorganizing the civil procedures of two Koreas must be carried out in order to ensure that judicial disputes, which are expected to increase rapidly as the above situations unfold, can be adequately and efficiently resolved. In North Korea, the civil procedure performs certain functions within its system, but there are many difficulties in facilitating or responding to the development of the above situations because the system and ideology of North Korea, a socialist country dominated by Kim Jong-un’s monolithic leadership system, have a decisive influence on civil procedure of North Korea. However, except for that point, it seems that civil procedure of North Korea have their own rationality and are in common use. The characteristics of civil procedure of North Korea are as follows. ①The mission of the Civil Procedure Code to protect the civil rights and interests of institutions, enterprises, organizations, and citizens is expressly stipulated in the text. ②As the basic principles of civil procedure of North Korea, the principle that the responsibility of the court is combined with the activeness of the parties in the civil lawsuits, the principle that the activities of the civil lawsuits are carried out based on the general public, and other principles are emphasized. ③the principle of good faith on the civil procedure is prescribed not as the general principle but as the duty of the parties in the civil lawsuits. ④The scope of civil procedure includes family litigation cases, and the confirmation of facts are also subject to the action for declaratory relief. ⑤Public lay judges constitutes the court with judge, and the prosecutor’s involvement is widespread. ⑥The ex officio principle is dominant, and the doctrine of disposition right and the principle of pleading are excluded and limited. ⑦Judges play a role thoroughly in trial preparation procedure. In a series of processes toward the unification and integration of the two Koreas, institutions and procedures in civil procedure in North Korea that directly show the system and ideology of North Korea should be excluded or reduced, if possible. Of course, it is believed that if North Korea’s political and economic systems are transformed, and its substantive judicial system is enacted or revised accordingly, its civil procedure will naturally change and develop along with the tide of change. It can be considered very important that research on civil procedure in North Korea be conducted in order to prepare for or promote such changes and developments in North Korea. Even if North Korea's reform and opening or its cooperation and exchanges with South Korea are carried out to the extent that its system and ideology are maintained to some extent, its civil procedure system should be significantly improved and reorganized. The research on civil procedure of North Korea is urgently needed in order to support the improvement and reorganization. On the other hand, South Korea’s civil procedure system is not perfect, so it is clear that the process of exploring the nature of civil procedure, identifying the problems of the South Korea’s civil procedure system and concrete process, and seeking improvement measures for the problems will be very beneficial.