Criminal-Legal Aspect of the Korean Problem of Unification of North and South

Abstract

This article explores the potential for reunification between South and North Korea. Beyond examining statements made by leaders of these countries, it analyzes the content and focus of the criminal laws of the Republic of Korea and the Democratic People's Republic of Korea, particularly regarding the preservation of political systems and inter-ethnic relations, along with changes over time. Criminal laws protect the relationships essential to societal function, which can indicate either concern or a lack of interest from the leadership of the Korean Peninsula’s two states regarding reunification. The study aims to assess the prospects for Korean unification based on an analysis of the criminal legislation of both countries on the peninsula. Judicial practices that enhance the understanding derived from studying current legislation are also considered. In South Korea, despite its economic successes, the country faces significant challenges in maintaining a Korean population base and limiting immigration. Additionally, the Republic of Korea prioritizes safeguarding its liberal democratic system from North Korean communist ideology. These concerns are reflected in criminal law norms that comprehensively and stringently address these issues, symbolizing a barrier to North Korean ideological influence. In North Korea, concern for Korean reunification exists, albeit in a different form. According to the criminal laws of the DPRK, the leadership emphasizes maintaining weak diplomatic relations with other countries, reinforcing the Korean people's struggle for reunification, and protecting the Korean nation overall. However, the repressive methods employed by the DPRK to implement criminal norms ultimately hinder North Korea’s chances of reunification with the South. The Authors assess the prospects for political unification of the two Korean states as unlikely, though they express hope for greater interaction between the Korean people.

Keywords

• unification of korea
• criminal liability for illegal migration
• national security
• hostile organization
• crimes against the state and nation