한ㆍ중 양국 누범제도의 비교법적 고찰(中韩两国累犯制度比较)

Abstract

The criminal codes of the Korea and the China have something in common thingson the punishment of repeated offences. For example, both criminal codes demandthat there are some distance of time between the former offences and the latteroffences. In China, the former offence and the latter offense should be conductedwithin 5 years, in Korea the distance of time in both offences is 3 years. In Korea,the repeated offence is considered as a legal aggravating punishment cause, in Chinathe repeated offence is considered as a mere sentencing fact. On the contrary, the difference on the punishment of repeated offences can alsobe found. Chinese criminal law(CCL) demands the both offences should be deliberateoffences. But, According to Korean criminal law(KCL) the both offences can bedeliberate and negligence one. CCL permits the aggravated punishment of corporate’srepeated offences. CCL prescribes criminal punishment to the repeated offences, but does not prescribe measures of security (Sicherheitsmassnahmen). In the end, the aggravated punishment on the repeated offences in not so muchefficient considering the high recidivism of the ex-convicts. Furthermore, theaggravated punishment of the repeated offences shifts all the responsibility of therepeated offences on to the criminals. This can not be justified, because the stateand correction authority should share the responsibility. Different criminal sanctionsshould be worked out to resolve the repeated offences.