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崔根爀 忠南大學校 1968 論文集 Vol.7 No.-
1. The principle of retroactive punishment prohibition is that the effect of the penal law can not be retroactively applied to an act done previously. 2. It is established as a derivative principle of legality, and is the basic principle of the modern penal law. The ideal background and theoretical base of the principle of legality is the Feuerbach's Psychological constraint theory and the Montesquieu's principle of powers. 3. The contents of retroactive punishment prohibition. a) The act done legally in the event of its doing is not punished according to the Ex post facto law b) Though there is a regulation of punishment in the event of its doing, when an increase is to be post factum made in penal servitude, the new penal law can not be applied to it. c) When legal proceedings of the accused are unfavourably changed as compared with those in the event of its doing, the unfavourably changed law can not be applied to it. 4. The legislative and judicial precedents of every nation prohibit the retroactive punishment. But after World War Ⅱ some war criminals were punished according to the ex post facto law. In our country after the student's revolution on April 19, 1960, and the military revolution on May 16, 1961, some ex post facto laws were legislated. 5. In accordance with the movements of respect of human rights and stability of legal life that every constitution guarantees unexceptionally, the principle of retroactive punishment prohibition has to be sticked to us.
崔根爀 忠南大學校 1969 論文集 Vol.8 No.-
1. To prevent crimes various attempts have been tried without any fundamental solution until today. This is the reason why crimes are unevasively committed in our society. This does not mean the unsensibleness and uneffectiveness of crime prevention. Proper prevention arrangements can cut down the amount crimes and better their qualities. 2. If there are any harmonious, proportional steps toward the finding, recorrection, and prevention of crimes, some degree crime problems will be solved. 3. To prevent crimes we have to observe the criminal phenomena closely, and to study the causes of crimes throughly, and to take measures to pluck them out. Studying the causes of crimes being difficult, various scholars including criminalogist, psychologist, psychiatrist as sociologist as well as sociologist have to take part in this study. Eventually reasonable policy, stable national economy, through education (in the home, school, or community), and sound moral life are the best ways for crime prevention in our society.