특정범죄가중처벌등에관한법률 폐지의 당위성

Abstract

In this article, are treated the necessity of abolishing the provisions in 'The Act on Aggravating Certain Crimes' in Korea. The contents of this article is as follows; I. Introduction II. The History of 'the Act on Aggravating Certain Crimes'(AACC) 1. The first contents of the AACC 2. The revision of the AACC afterward III. The Problems of the AACC 1. The Problems in the Purpose of the AACC 2. The Problems in the Form of the AACC 3. The Problems of Overcriminalization 4. The Problems of Overpenalization 5. The Problems of Discriminating Punishment by the Gainings from Crimes 6. The Problems in Legislating Process III. Conclusion The conclusion of this article is that the AACC should be abolished totally. At the first glance, it can be found that the contents of almost all provisions in the AACC are too cruel and unreasonalbe to have any reasons to be retained. The basic thoughts of the AACC come from the premodern military culture, in which the criminals are considered as enemies and the strong punishment as the most important and effective means to prevent the crimes. The AACC has given serious damages to our society by compelling the government to exercise a cruel and unnecessarily strong punishments. Without the AACC the criminals could be punished sufficiently through applying ordinary criminal law. The military dictatorship has gone for more than 10 years in Korea. It is very strange that those laws, however, are still survive which the military dictatorship has made. It seems as if the words "The constitutional law has been changed, but not the administrative law" are still effective to our society. This is the very reason why the AACC should be totally abolished and any one provisions should not survive by being moved to other laws.