한국의 경제범죄 관련 형벌법규의 현황과 주요 내용

Abstract

The most South Korea’s current economic criminal law is in the form of a special law, and it has a problem of the special law. South Korea’s special law were enacten or amended without democratic control process, specilally with political purposes. This phenomenon is against genenal principles(Nulla poena sine lege), the principle of responsibility. In Korea, there are a lot of special criminal acts running up to 724 as of March 2007 besides the Criminal Code. The special criminal acts have their own value, prompt actions to crime never seen before, which is possible because of its easy legislation and revision. Even though the special criminal acts have their own value, sharp critics on them exist. Special criminal acts usually provide harsher punishments than the Criminal Code, and degree of the criminal penalties is extremely high compared with that of the criminals. South Korea’s criminal configuration requirements, the details of a special law to the subordinate laws to delegate a lot, so it can be misused by law if you are likely to violate the due process of law. The current special laws are political and enacted by social needs. Criminal special law divided into many different types. Special law to the Criminal Penal Code provisions are weighted in accordance with each crime, ignoring the Nulla poena sine lege. National economic policy to complement the democratic economic order appears to be enacted into law. Violations of these laws in a democratic society and economic order violation is classified as an illegal act. Economic and civic life was performed with default interest and penalties apply for violating the state’s essential functions can be called. Indeed, these penalties apply to the country’s economic order is to guarantee protection. Constitution declares that South Korea is a liberal society. Amendment is based on the welfare of the freedom of private property, and sales restrictions, based on broad industrial policy of the individual industries to the government. To maintain the market economic order, and to complement the various laws and institutions is to make economic law and to supplement the regulation of economic activity defined as criminal by punishment.