북한 민사소송법의 개정과정에 비추어 본 북한민사소송제도의 최근 동향

Abstract

North korea’s civil procedure law has been changed in a slow speed since1976. Before that time, North Korea has no civil procedure act, there wasonly “20 principles” and appropriate modification by the principle of SovietUnion and China. After the first enactment 1976 North Korea civil procedure, revision ofthe law was sporadic and partial one and the law could not act as thestandard of civil procedure. A little more broad revision of 1994, there were trimming on harsh andpolitical expression of the law, adding on foreign corporation article andthe announcement of three principles of civil procedure. In spite of broadrange of this first revision, there was no fundamental changes in the practiceof North korea civil procedure. That’s because the principle of socialist country’scharacteristics were robust; ‘the instruction of socialist legal life(사회주의적법무생활지도)’ by the public prosecutor and people guardian. In the revision between 2002 and 2007, there were new trends emergedthat adding examples and trimming legal terms. Added examples could beinterpreted that north Korea’s civil procedure was begun as the ground ruleof civil procedure. A little more broad revision of 2009, there were important changes onjudicial institution’s name; adjudicative court(재판정) into court(법정), CentralCourt(중앙재판소) into the Supreme Court(최고재판소), Central ProsecutorOffice(중앙검찰소) into the Highest Prosecutor Office(최고검찰소). Thisrevision also contains strengthening the party’s responsibility on presentingevidences, recruiting commissioned judge by the permission of the concernedcourt chief judge. Recent trends of North Korea’s civil procedure could be sum up as thefollowing; slow and steady, but it is changing for the rule of private disputeresolution tools.

North korea’s civil procedure law has been changed in a slow speed since1976. Before that time, North Korea has no civil procedure act, there wasonly “20 principles” and appropriate modification by the principle of SovietUnion and China. After the first enactment 1976 North Korea civil procedure, revision ofthe law was sporadic and partial one and the law could not act as thestandard of civil procedure. A little more broad revision of 1994, there were trimming on harsh andpolitical expression of the law, adding on foreign corporation article andthe announcement of three principles of civil procedure. In spite of broadrange of this first revision, there was no fundamental changes in the practiceof North korea civil procedure. That’s because the principle of socialist country’scharacteristics were robust; ‘the instruction of socialist legal life(사회주의적법무생활지도)’ by the public prosecutor and people guardian. In the revision between 2002 and 2007, there were new trends emergedthat adding examples and trimming legal terms. Added examples could beinterpreted that north Korea’s civil procedure was begun as the ground ruleof civil procedure. A little more broad revision of 2009, there were important changes onjudicial institution’s name; adjudicative court(재판정) into court(법정), CentralCourt(중앙재판소) into the Supreme Court(최고재판소), Central ProsecutorOffice(중앙검찰소) into the Highest Prosecutor Office(최고검찰소). Thisrevision also contains strengthening the party’s responsibility on presentingevidences, recruiting commissioned judge by the permission of the concernedcourt chief judge. Recent trends of North Korea’s civil procedure could be sum up as thefollowing; slow and steady, but it is changing for the rule of private disputeresolution tools.