형법총칙개정의 기본방향

Abstract

With celebrating the 50th year after establishing Criminal Act in 1953 has been reopened discussion about reforming Criminal Act, especially its general part. In 2004 the Judiciary Reform Committee under the Supreme Court adopted a recommendation for judiciary reform, in which the committee proposed guidelines of the reform, containing 'rational rearrangment of criminal punishment system'. To put the proposition into practice the Ministry of Justice constituted the Expert Commission of Modifying Criminal Substantial Act and the Ad hoc Subcommittee reforming Criminal Law, and the Ministry laid down the Proposals of Criminal Act General Part in 2010. In 2008 The Korean Criminal Law Association constitutes the Ad hoc Committee for Reforming Criminal Act to cope with such a government-led effort and draw up fundamental design and a draft about reforming Criminal Act General Part, on the basis of results of discussion over 2 years. This Year the Association decided organizing the Review Committee for Reforming Criminal Act to review the draft of the above Committee and confirm the official Draft of the Association. The Review Committee's Draft has been built on the base of the draft of the Ad hoc Committee and has led to s important revision of the general part in Criminal Act, such as elucidation of the principle of "nullum crimen nulla poena sine lege", new establishment of the system of excused emergent escape, simplification of punishment depriving personal liberty, abolishment of punishment concerning qualification, acknowledgment of suspending execution of the fine, elucidation of sentencing according to the principle of liability etc. The draft should be regard not as a result of effort of a few dedicated scholars, but as an accumulation of historical experiences and prosperty of the Korean Criminal Law Assocation. Therefore I hope to be adopted as a part of Criminal Act by the Ministry of Justice.