Introduction
North Korea is officially referred to as the Democratic People’s Republic of North Korea. It is a country constituting the northern part of the Korean Peninsula in East Asia. Pyongyang is the largest city in North Korea and it serves as the capital. The country is bordered by China and Russia along the Amnok and Tumen rivers. It is bordered to the south by South Korea. The two countries, North Korea and South Korea, became United Nations’ members in 1991. North Korea officially describes itself as self-reliant socialist state that formally holds its elections.
The Korean Peninsula was divided into two zones following the end of the Second World War. The northern half of the Peninsula was occupied by the Soviet Union and the southern part was occupied by the United States. Efforts to unify and make Korea independent were rendered futile by the Cold War. The Cold War led to the establishment of two separate states with totally different political, economic and social systems.
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North Koreans are ethnically homogenous, with the exception of a few ethnic Japanese and a small Chinese community. The country has a population of about 25.7 million people. The North Korean Famine of 1995 that lasted for three years is responsible for the slow population growth. It is estimated that between 240,000 and 420,000 people died as a result of the famine. Additionally, accessed to government services is influenced by the country’s Songbun system. The system ensures that citizens get access to government opportunities based on their assessed loyalty to the government. The system influences the lives of North Koreans, given that the economy is heavily nationalized.
The North Korean criminal justice system is largely based on the Soviet Model. The system comprises of the Supreme Court of the Democratic People’s Republic of Korea, Provincial Courts, local people’s Courts, and Special Courts. Based on the country’s constitution, the Criminal Code requires judges to take criminal liability for handing down sentences that are considered unjust (Yoon, 2017). Technically, the criminal justice system is subordinate to the ruling party and the executive arm of the government. This implies that the country’s justice system lacks independence. The country is generally characterized by arbitrary arrest and punishment of crimes, forced labor, torture in custody, and executions.
Current Criminal Justice Issues in North Korea
There are several criminal justice system issues in North Korea. Some of the issues that have captured global attention include the alleged government’s involvement in the murder of the half-brother of the country’s leader and the violation of children rights. The two criminal justice system issues are of great importance, given the need to promote justice around the globe. Essentially, an effective criminal justice system contributes positively to the wellbeing of the citizens of a given country.
The defense lawyers in a case where two women are accused of killing the half brother of North Korea’s leader claim that the government failed to provide enough evidence regarding the case. It is alleged the real perpetrators of the murder led the women to believe that they were carrying out a prank on a reality TV show (Aljazeera, 2018). The Koreans believed to have been involved in the murder have not been arrested. The perpetrators staged the murder in broad daylight and in full view of CCTV cameras. This demonstrates laxity on the side of the Korean justice system, particularly in failing to pursue and arrest the criminals. This suggests that the criminal justice system lacks independence from the government.
North Korea’s criminal justice system has failed to protect the rights of the children. The children in the country are subjected to the harshest human rights abuses. For instance, it is alleged that children are punished for the crimes of their parents (Pinnington, 2017). This has led many children into prison camps for crimes they have no idea about. Worse still, the children are subjected to forced labor, regardless of their young age. This suggests that the criminal justice system is subordinate to the country’s leadership, failing to protect the rights of the poor children.
Differences between North Korea and US Criminal Justice Systems
There are two significant differences between the criminal justice system of North Korea and that of the United States. While the criminal justice system of North Korea lacks independence, the United States criminal justice system enjoys independence. North Korea’s criminal justice system is significantly influenced by the country’s Supreme People’s Assembly. Additionally, the Criminal Code subjects the judges to criminal liability in case they hand down sentences considered to be unjust (Smith, 2014). This means that the judges are not in a position to make independent judgments, particularly those involving high profile criminal cases. On the other hand, the American criminal justice system is independent from the executive arm of the government. The independence of the US justice system ensures that the people’s fundamental rights can be protected.
The United States criminal justice system effectively protects the rights of citizens unlike that of North Korea. The constitution of the United States provides for the protection of the rights of citizen. However, the constitution of North Korea does not protect the rights of the citizens. For instance, the criminal justice system of Korea allows for the punishing of children for the crimes of parents, regardless of their young age.
Similarities between the North Korea and the US Criminal Justice System
There is a significant similarity between the criminal justice systems of North Korea and the US. The treatment of prisoners in the two countries is similar. The prisoner in the US have so dehumanized that they can be killed without consequence. Many prisoners in the US have died but there has been no interest in holding the guards accountable. The situation is also similar in North Korea. Prisoners are tortured or even killed within the criminal justice system.
Conclusion
In conclusion, it is clear that North Korea’s criminal justice system not only lacks independence, but has also failed in protecting the fundamental rights of the citizens. The various issues bedeviling the system suggest that much has to be done to ensure that it effective in delivering justice and protecting the rights of the people. Compared to that of North Korea, the US criminal justice system is significantly effective, given its independence.
References
_____. (June 27, 2018). Evidence ‘shoddy’ in Kim Jong-un half-brother murder trial. Aljazeera , https://www.aljazeera.com/news/2018/06/evidence-shoddy-kim-jong-brother-murder-trial-180627133540086.html
Pinnington, R. (November 4, 2017). Brutal life of North Korea children: Propaganda in schools and forced to watch executions. Express , https://www.express.co.uk/news/world/875134/North-Korea-child-labour-abuse-Kim-Jong-un-Human-Rights-Watch
Smith, H. (2014). Crimes against humanity? Unpacking the North Korean human rights debate. Critical Asian Studies , 46 (1), 127-143.
Yoon, D. K. (2017). The constitution of North Korea: Its changes and implications. In Public Law in East Asia (pp. 59-75). Routledge.
