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Infringement Crime of National Estate in Criminal Laws of North Korea

  • DONG-A LAW REVIEW
  • 2015, (66), pp.171-204
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Lee, Baek-Gyu 1

1김앤장 법률사무소

Accredited

ABSTRACT

Infringement crime regulations of national estates are on crimes of infringing actions against property rights such as theft, fraud, and embezzlement in case that objects of the infringement belong to a nation or social cooperative groups. The rules are in clause 1 of chapter 5 in Criminal Laws of North Korea. Though crimes which infringed private possession in clause 2 of chapter 9 and the action types are same or similar, from separately removing crimes that action objects are owned by a nation or social cooperative groups, they are regulated additionally. About estate crimes, legislation cases that additional punishment regulations are had like this according to the infringement objects are very rare. It is originated from that North Korea has an attitude to protect estates of the nation or social cooperative groups more than private estates. By the way, when the punishment degrees are seen actually, there is no big difference with infringement crime of private estates. The punishments for basic crime forms are on the same degree; only in additional punishment, the infringement crimes of national estates carries somewhat higher sentences. But, joint corruption crime of national property and crime of destroying national estates by mistakes which are not in the infringement crime of private estates are regulated additionally. All are for strengthening protection of national property. When comparing with South Korea’s criminal laws, there is no misappropriation in North Korea. On the other hand, the difference that there is the joint corruption crime or extortion crime is noticeable. Especially, the crime of extortion for national property is to take something publicly when other people watch or to take something from committing an outrage or giving threat to an extent of no robbery though. It corresponds to snatching & theft or blackmailing. Crimes of cheat, embezzlement, and robbery for national property are not different from fraud, embezzlement, and robbery of crime laws in South Korea. The feature is that the action objects are estates of a nation or social cooperation groups. Overall, statutory punishment about the infringement crimes of national property in North Korea is not high; rather, statutory punishment of South Korea is higher. But, in case of South Korea, in the course of weighing offences, punishment is lessened through the mitigation of punishment in extenuation of circumstances. Even in the course, because there are lots of cases to set punishment near legally minimum penalties or to sentence probation, it should not be predicated that North Korea is not more severe in punishment than South Korea just simply from seeing legal punishment.

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