최근 형법정책의 현황 및 과제

Abstract

Mainstreams in the country's criminal law policy have been continuing its hard efforts to meet the change of various social environments, citizens' sentiment about law, global trends since the legislation of criminal law as well as consensus generated due to occurrence of violent crimes and rapid development of the country's theory of criminal law. It can be said without exaggeration that a forum to identify the problems of the current criminal law policy and seek their improvements may come down to the area of legislation. Of these, to identify proposal background of criminal law amendment recently suggested in the National Assembly, its content, differences with the existing laws, relations with other laws can be the best way to examine and appreciate the present and future of the country's criminal law policy. Thus, the study discussed as per below contents. As main issues of criminal law policy in the area of general provisions, the study examined stipulation of principle of legality, stipulation of cosmopolitanism, setting the age of criminal minors, limiting of drinking mitigation, types of punishments (deletion of disqualification, suspension of qualification, fines and addition of castration, improvement of fine system (day fine system, probation of fines, extension of fine deadlines and separate payment, improving system of detention in a labor house), modifying mitigation of punishment in extenuation of circumstances, guarantee of criminal's human rights related with of execution of the sentence (guarantee of voting rights of convicts & probationers, legal aggregate of days of detention before pronouncement of judgment, compulsory announcement of notice of judgment of acquittal). And then as main issues of criminal law policy in the area of particular provisions, the study examined addition and fresh establishment of new crime types (addition of 'force' to behaviors obstructing justice, addition of 'under the circumstances not allowing resistance' in elements of a rape, altering a 'woman' to a 'person' in the object of sexual assaults crime, raise of the age applicable to rape crimes of minors, new establishment of 'similar rape crimes' / espionage for foreign or foreigner's organization / crimes using symbols of Japanese imperialism / 'fraud in insurance' / 'fraud against the elderly' / 'crime of false report' / 'submission of false data related with examination of an offense', abolishment of 'clauses related with an offense subject to complaint in sexual assaults', raise of the level of punishment, decriminalization of individual crimes (reducing the scope of forming crime of libel, crime of business interference, crime of publication of criminal facts, crime of organizing criminal groups, abolishment crime of sexual intercourse under pretence of marriage), use of proper legal terms suiting the citizens' standard. And then the study made conclusions.