북한 민사소송법의 개정과정에 비추어 본 북한민사소송제도의 최근 동향

• 영문명: A study on the direction of recent changes according to the revision of North Korea civil procedure law
• 발행기관: 한국민사소송법학회
• 저자명: 함영주(Ham, Young Joo)
• 간행물 정보: 『민사소송』제18권 제2호, 279~319쪽, 전체 41쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2014.11.30

영문 초록

North korea’s civil procedure law has been changed in a slow speed since 1976. Before that time, North Korea has no civil procedure act, there was only “20 principles” and appropriate modification by the principle of Soviet Union and China. After the first enactment 1976 North Korea civil procedure, revision of the law was sporadic and partial one and the law could not act as the standard of civil procedure. A little more broad revision of 1994, there were trimming on harsh and political expression of the law, adding on foreign corporation article and the announcement of three principles of civil procedure. In spite of broad range of this first revision, there was no fundamental changes in the practice of North korea civil procedure. That’s because the principle of socialist country’s characteristics were robust; ‘the instruction of socialist legal life(사회주의적 법무생활지도)’ by the public prosecutor and people guardian. In the revision between 2002 and 2007, there were new trends emerged that adding examples and trimming legal terms. Added examples could be interpreted that north Korea’s civil procedure was begun as the ground rule of civil procedure. A little more broad revision of 2009, there were important changes on judicial institution’s name; adjudicative court(재판정) into court(법정), Central Court(중앙재판소) into the Supreme Court(최고재판소), Central Prosecutor Office(중앙검찰소) into the Highest Prosecutor Office(최고검찰소). This revision also contains strengthening the party’s responsibility on presenting evidences, recruiting commissioned judge by the permission of the concerned court chief judge. Recent trends of North Korea’s civil procedure could be sum up as the following; slow and steady, but it is changing for the rule of private dispute resolution tools.

목차

Ⅰ. 서론

Ⅱ. 북한 민사소송제도의 형성

Ⅲ. 북한민사소송법의 개정 경과

Ⅳ. 북한 민사소송법의 개정과정에 비추어 본 북한민사소송제도의 동향

Ⅴ. 결론

참고문헌

키워드

법정 최고재판소 최고검찰소 사회주의적 법무생활지도 북한민사소송법 증인구인절차 현지료해 現地了解 Supreme Court the Highest Prosecutor Office of N.K. the instruction of socialist legal life of N.K. North Korea civil procedure law Witness arrest procedure Stress on the voices of fields N.K.Court N.K