남북통일 이후 사법조직의 통합방안 = Study on the Integration of Judicial System in the Unification of South and North Korea

다국어 초록 (Multilingual Abstract)

The unification of South and North Korea ought to be based on free democracy and rule of law. To resolve various legal affairs, which would occur in the course of unification, it must be essential to set up judicial systems of the unified nation. This thesis, which compares the fundamental principles of North Korea with those of South Korea, aims to present effective models to integrate courts, prosecutor`s offices and bar associations in the unified nation. This could show the guideline for judicial and legal integration in the unified nation, which would be helpful to achieve quick and effective unification. The judicial system of North Korea is based on the communist legal doctrine and adopts juche (self-reliance) ideology, revolutionary chief ideology, military priority. Because these are inconsistent with those of the constitutional principal of South Korea, there must be limit to admit the judicial system of North Korea. First, the integration of total judicial system heads for abolishing the judicial system of North Korea and reconstructing that of South Korea. Nonetheless, It can be required to acknowledge the laws of North Korea in the limited spheres, which would be useful for legal stability and social integration in the unified nation. Second, the integration of court system heads for extending that of South Korea. But the jury system of North Korea could be adopted by the unified nation, and the judges of North Korea could be temporarily employed after retraining. Third, in the integration of prosecutor`s office system, we must consider the trait of prosecutor`s office of North Korea as a communist country. So there must be limit to temporarily establish special prosecutor`s office and employ the prosecutors. Forth, the integration of bar associations could be considered in various ways, because those as non national organization have something in common. So lawyers of North Korea could be employed after retraining.