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Serious aspects of the North Korean Criminal Procedure Act against International Covenant on Civil and Political Rights

  • DONG-A LAW REVIEW
  • 2016, (70), pp.223-248
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Tae Hun Kim 1

1법무부 통일법무과 검사

Accredited

ABSTRACT

This article deals with the main points of North Korean Criminal Procedure Act, legal force of International Covenant on Civil and Political Rights in North Korea, and violation parts in North Korean Criminal Procedure Act in terms of such International Covenant. The North Korea government entered into International Covenant on Civil and Political Rights and officially admitted that such covenant has same effect as a domestic law. However, North Korea Criminal Procedure Act refused to accept the warrant-issuing by an independent judge, to have independence of trial, and to guarantee the principle that the accused is presumed to be innocent until proved to be guilty as well as to ensure the right to be silent, so the Act obviously violated the Covenant. The Unified Germany used Eastern Germany’s violation of the Covenant as legal ground for admitting illegality in the case of Berlin wall gun-shot killing during the transitional justice period. Such violations can play a critical role in the course of punishment of North Korea government’s illegal wrongdoing and the nullification of judgment of North Korea court. On top of that, it can be the legal standard for “Crimes against Humanity.”

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