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A Critical Review of Death Penalty in North Korea

  • DONG-A LAW REVIEW
  • 2010, (48), pp.257-285
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Deokin Lee 1

1부산정보대학

Accredited

ABSTRACT

If we look at the state of affairs of the Korean Peninsular and North Korean trend, North Korea is losing ground more and more in the international society, and internally this is aggravating the economic conditions and also a setback in succession of power seems inevitable. Therefore, in order to break this deadlock, North Korea is expected to strengthen the solidarity in order to support the system by tightening the more thorough crackdown and controls internally. Also, in this context, by tightening criminal laws and mobilizing politically severe punishments, it will try to maintain the dictatorship packaged by socialism. It was examined that, in functions managed by the criminal law in North Korea, disciplinary and mobilizational character was highlighted than a preventive aspect, and that the mobilization of punishments to a war against crime and violence wasn't for the prevention of crime and violence themselves but was nothing more than a means to protect the party line and policies. I In the recent 2007 revision of the criminal law, it is estimated to clearly reveal this situation and it is difficult to expect democratic criminal proceedings, and it can be identified to expand death penalty articles in order to support the system. Also, North Korea attempts to threaten the North Korean people for general prevention by mobilizing a way for criminal law enforcements, called a public execution, however, as the side effects shown in the process of development of human history in the past are embodied as the same pictures also in the present society of North Korea in the 21st century, the effects of the public execution don't appear to the direction intented by the regime of North Korea. Recently, our society has raised objections to armed provocations of North Korea and has been stepping up its efforts to impose appropriate sanctions. But it can be said to suppress the formal attitude about the human right abuse and the public execution that North Korea has been applying to its citizens internally. On the base of this fact, the approach according to the simple economic logic has limitations for true harmonization and unification and thus Republic of Korea will need to take charge of a leading position constantly raising objections to a question of human rights of North Korea and navigating changes in the international society.

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