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The Study on the Criminal Legal System to prepare for Unification in Korea

  • DONG-A LAW REVIEW
  • 2012, (56), pp.155-190
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Oh, Kyung Sik 1

1강릉원주대학교

Accredited

ABSTRACT

The constitutions of North and South define the form and philosophy of the nation differently, but the territorial area of application may clash. These clauses define the northern territory as Southern lands and the Northern regime as a ‘anti-government organization’, the northern territory as territory under illegal occupation. The range of applications is common for the north and the south, so some clash may be expected in the case of North Korean refugees after unification. The analysis and the application of north and south’s constitution are based on different standards, so finding an agreement is a task required in preparation of unification. In the 1992.02.19 inter-Korean agreement, it is stated that the north and south will respect and accept each other’s system and the Sec.III cooperation of north and south completely change the previous format of the law system. The Law on Inter-Korean Exchange and Cooperation 1990, which took place before this agreement, also states that even if some activities and interchanges between north and south disagree with some constitutional laws, they may be permitted to help the relationship between north and south. The creation of these laws can be understood as a policy to resolve the paradoxes that arise from the differences in the north and south’s constitutions. To prepare for unification, we will analyze the north and south’s criminal legal systems and propose a solution.

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