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

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.

1. Min Tae-Eun. Unification Policies for the Korean Peninsula in the Era of Low Birth Rates and International Migration. Online Series. 2024. Available at: https://www.kinu.or.kr/main/module/report/view.do?idx=125466&category=53&nav_code=mai1674786581 (accessed: 22.09.2024). (In Korean)

2. Zabrovskaia L. V. Korean Conceptions of the Reunification and Russia’s Position. Russia and the Pacific. 2014;2:80-90. (In Russ.)

3. Rasulov E. R. Current Issues of Migration in Modern South Korean Society. In: Korea and Russia: Society, Politics, History, Culture. St. Petersburg: St. Petersburg University Publ.; 2018. P. 315–329. (In Russ.)

4. Dobryakov D. A. General Characteristics and System of the Republic of Korea Criminal Legislation. Law and State. 2022;1:78-93. DOI: https://doi.org/10.51634/2307-5201_2022_1_78 (In Russ.)

5. Budyka V. K. Ensuring National Security of the State on the Example of the Analysis of Legal Acts of the Republic of Korea. In: Bespalova S. V. (Ed.). Current Issues of National Security Assurance. Donetsk: Donetsk National University Publ.; 2021. P. 23–27. (In Russ.)

6. Tolstokulakov I. A. Evolution and Modern Contents of the National Security Law in the South Korea. Vestnik of the Far East Branch of the Russian Academy of Sciences. 2007;5:75-84. (In Russ.)

7. Kim Soo-Am. The North Korean Penal Code, Criminal Procedures, and their Actual Applications. Seoul: Korea Institute for National Unification Publ.; 2006. 66 p.

8. Smirnova I. G. The Historical and Legal Analysis of the Rotection’s Institute in the China. Siberian Criminal Procedure and Criminalistic Readings. 2016;6:9-15. (In Russ.)