You are here -allRefer - Reference - Country Study & Country Guide - North Korea >

allRefer Reference and Encyclopedia Resource

allRefer    
allRefer
   


-- Country Study & Guide --     

 

North Korea

 
Country Guide
Afghanistan
Albania
Algeria
Angola
Armenia
Austria
Azerbaijan
Bahrain
Bangladesh
Belarus
Belize
Bhutan
Bolivia
Brazil
Bulgaria
Cambodia
Chad
Chile
China
Colombia
Caribbean Islands
Comoros
Cyprus
Czechoslovakia
Dominican Republic
Ecuador
Egypt
El Salvador
Estonia
Ethiopia
Finland
Georgia
Germany
Germany (East)
Ghana
Guyana
Haiti
Honduras
Hungary
India
Indonesia
Iran
Iraq
Israel
Cote d'Ivoire
Japan
Jordan
Kazakhstan
Kuwait
Kyrgyzstan
Latvia
Laos
Lebanon
Libya
Lithuania
Macau
Madagascar
Maldives
Mauritania
Mauritius
Mexico
Moldova
Mongolia
Nepal
Nicaragua
Nigeria
North Korea
Oman
Pakistan
Panama
Paraguay
Peru
Philippines
Poland
Portugal
Qatar
Romania
Russia
Saudi Arabia
Seychelles
Singapore
Somalia
South Africa
South Korea
Soviet Union [USSR]
Spain
Sri Lanka
Sudan
Syria
Tajikistan
Thailand
Turkmenistan
Turkey
Uganda
United Arab Emirates
Uruguay
Uzbekistan
Venezuela
Vietnam
Yugoslavia
Zaire

North Korea

THE JUDICIAL SYSTEM

Historical Influences

Foreign laws have repeatedly influenced Korea. Korea assimilated the codes of various Chinese dynasties through the close of the Chosn Dynasty and Western law (Continental Law) during the Japanese occupation (1910-45). Although Confucian legal culture exerts strong influence on North Korea's legal attitudes, the modern legal system initially was patterned after the Soviet model imposed during the period of Soviet occupation (1945-48).

Neo-Confucian thought does not distinguish among politics, morality, and law. Law in traditional Korea was concerned with the control and punishment of deviance by the centralized bureaucratic political system rather than by private relationships or contracts. The elite viewed law as a last resort against a morally intractable person. The rule of law was little understood by the general population, which often saw it manifested only as an autocratic decree or as a tool of rigid political regimentation. These notions persist as part of the legal culture of North Korea.

No concepts in the Chosn Dynasty corresponded to the Western concept of right. Although in principle all classes were guaranteed property rights and the rights to act and initiate legal proceedings, the class nature of society meant that those rights were virtually meaningless for all but the elite. Social stratification was paralleled by de facto legal stratification. Noblemen, or yangban, had full exercise of their "rights." The theoretical rights of the middle class and lesser bureaucrats had practical limits, and the commoners and the lowest classes basically had no legal rights.

Morality and politics were reflected in the administration of justice; and structural differentiation among adjudicative, legislative, and administrative functions was contrary to Confucian substantive justice. The magistrate, a generalist scholar-official, was charged with both governing and adjudicating. Legal specialists, who were not from the yangban class, never developed into a professional group.

Korea's traditional legal system outwardly disappeared with the incorporation of modern Western law beginning with the Kabo Reforms of 1894 and ending with the imposition of Japanese legal concepts during the Japanese colonial period (see The Legacy of Japanese Colonialism , ch. 1). Traditional legal thought, however, continued to influence North Korean attitudes toward the purpose and function of legal institutions.

With the end of the Chosn Dynasty in 1910, decisive changes occurred in Korean law. Traditional Korean institutions suddenly were replaced. The imposition of institutions by the Japanese and their post-1910 use for repressive colonial control constituted a sharp break with the past. Because of the nature of Japanese colonial rule, there was no constitutional law, guarantee of rights, or judicial review of the exercise of political power. The legal system of Korea under Japanese rule was composed essentially of rules, duties, and obligations. However, there was no institutional or procedural separation of powers. The Japanese governor-general had unrestrained executive and legislative power, the latter exercised by decree.

With the end of World War II came Soviet occupation. During this period, Soviet legal concepts and codes, as well as the court and procurator structure, were embraced. Soviet legal concepts were the basis for the Court Organization Law of March 1, 1950, and the Criminal Code and Code of Criminal Procedure, both issued on March 3, 1950. In December 1974, a new Criminal Code (five parts, 215 articles) was issued, but few details were revealed to the general public, and its promulgation was not known to outside sources until the late 1980s. The Penal Code (eight chapters, 161 articles) was adopted by the Supreme People's Assembly on February 5, 1987.

Data as of June 1993

North Korea - TABLE OF CONTENTS

  • NATIONAL SECURITY


  • Go Up - Top of Page

    Make allRefer Reference your HomepageAdd allRefer Reference to your FavoritesGo to Top of PagePrint this PageSend this Page to a Friend


    Information Courtesy: The Library of Congress - Country Studies


    Content on this web site is provided for informational purposes only. We accept no responsibility for any loss, injury or inconvenience sustained by any person resulting from information published on this site. We encourage you to verify any critical information with the relevant authorities.

     

     

     
     


    About Us | Contact Us | Terms of Use | Privacy | Links Directory
    Link to allRefer | Add allRefer Search to your site

    ©allRefer
    All Rights reserved. Site best viewed in 800 x 600 resolution.