형법상 사회적 법익에 관한 죄 개정방향 = Proposing New Korean Criminal Act : Criminal Offenses Against Social Values

다국어 초록 (Multilingual Abstract)

Based on the reformative value of the comprehensive revision of the Korean Criminal Act, this essay analyzes the trend of criminal law revision discussions on crimes against social values in the National Assembly since 2000, and examines the types of crimes and penalties for crimes against social values for the 21st century due to social changes and changes in social perceptions in Korea. Based on this, the essay reflects on the issue of revising crimes against social values in the context of a comprehensive revision of the Korean Criminal Act in the 21st century and proposes a reform direction.
Such reform should be realized by reflecting the results of criminal law theory and criminal policy research accumulated since its enactment, objectively reflecting the development of international human rights norms and United Nations criminal justice standards, and closely examining and reflecting social changes and changes in civic awareness due to the development of advanced technology. The developmental aspect of criminal law reform should be realized by respecting the culture of the everyday language public, reforming outdated terminology and reducing the gap between technical terms and everyday language, reorganizing the criminal law system from the perspective of including special laws, and reforming the statutory penalty system by reflecting on public legal sentiment and the reality of criminal justice resources.
Among the social changes in the 21st century, the core characteristics captured from a criminal law perspective are risk society, environmental crisis, and high technology, and the core values of society are a safe society, environmental protection, and safe technology. These will be the core values in the comprehensive reform of the Korean Penal Code, especially the reform of crimes against social values. Furthermore, the reformative value of the comprehensive revision will be recognized when it progresses in a direction that meets the needs of social change in the 21st century. In particular, in promoting the revision of crimes against social values, the provisions of crimes against traffic, securities, and documents in light of social changes due to the development of advanced technology, the provisions of crimes against the environment and drugs in light of changes in the social environment and civic awareness will be important areas to reveal the issues of revision and set the reform direction.
In particular, since the scope and issues to be reviewed for amendment or creation of crimes related to social legal values in the criminal law are diverse and changing rapidly, careful review is necessary not only due to the need for criminal law discipline but also due to the possibility of discipline or legislative technical limitations.