민주화 이후 형사법의 동향과 과제 = Trend and Assignment of Criminal Law after Democratization

다국어 초록 (Multilingual Abstract)

Looking back at the criminal law of Korea, from the kingdom of ancient Joseon to the Chosun Dynasty, we find that criminal laws were operated with Oriental system, affected by neighboring country, China. Western modern criminal laws were first introduced to Korea in 1911 after the Japanese annexation of Korea by operating Chosun Criminal Order, applying Japan Criminal Act. It was not until 1945, liberation from Japanese occupation, that we Korea had our own criminal laws. The National Assembly enacted Criminal Act by Act No. 239 Sep. 18, 1953, and Criminal Procedure Act by Act No. 341 Sep. 24, 1954. Criminal Administration Act was enacted in 1950, too. As an independent nation, Criminal Act, with reference to Criminal Code and Criminal Act Draft all over the world, was enacted to follow the global current which was to protect the national human rights and to entirely realize freedom and peace. However, until the political democratization of 1987 after liberation from Japanese occupation of 1945, dictators ran laws and decrees arbitrarily, so there were a lot of cases of losing legal force of laws and decrees and it seemed that laws and decrees were decorative. People who were eager for democratization resisted the military dictatorship and finally attained their goals with the pro-democracy movement of 1987. Reflecting their claims, the National Assembly revised several articles, criticized as the poisonous articles, of criminal law in accordance with international human rights standards. Today, owing to endeavoring to operate laws and decrees democratically, we have better the positive law system and ideal law operating system than any other country. Korea has absorbed and adapted fast as much law system and operating system of the rule of law for about 60 years as the west has achieved for about 200 years. The jury system which people take part in will be introduced on Jan. 1, 2008. In the field of criminal laws, such as Criminal Act, Criminal Procedure Act, Criminal Administration Act and so forth, it`s hard to have roots completely in short Period, however modernized foreign system we introduce. Because criminal laws are the mirror of the time and the culture of the society or the country, it`s impossible for criminal law to surpass the level of people or law operators of the time, To advance and establish firmly these law systems, we have to overcome a lot of trial and error and outdated practices, and to enhance the level of acceptance by locals.