위험사회의 등장에 따른 형법의 대응 = Countermeasures of the Criminal Law in Accordance with Appearance of "Risikogesellschaft"

다국어 초록 (Multilingual Abstract)

  This study examined countermeasures of the Criminal Law in accordance with appearance of "Risikogesellschaft". The social risk that characterizedmodern society had much value after Ulich Beck, German sociologist, suggested concept of "Risikogesellschaft". These days, the concept of Risikogesellschaft was generally accepted by not only the areas of sociology and philosophy but also the area of criminology. Great risk still existed from objective point of view and unrest was produced every day from subjective point of view: The concept of Risikogesellschaft required changes at roles and functions of the Criminal Law. The terminologies of "risk" and "risk society" were actively said at the social discourse including media so that the Criminal Law discussed countermeasures.<BR>  The discussion was as follows:<BR>  Firstly, the paper examined basic idea of risk-society as well as Risikostrafrecht based on risk-society. Active role change of the Criminal Law at risk-society was required to start discussion as follow:<BR>  Secondly, the paper examined concrete issues of conflict phenomenon between traditional criminal law and so called Risikostrafrecht. The issue could be classified into committing a crime at precedent stage and symbolic legislation to have a problem of Risikostrafrecht.<BR>  Thirdly, alternative proposals to overcome risk society were introduced to examine discussion. The theories of concrete solution of conflict between traditional criminal law and Risikostrafrecht were investigated.<BR>  Lastly, a conclusion was suggested. If actions would be taken carelessly at social demand on involvement of criminal law at existing risks, legal system could be destroyed to jeopardize effectiveness of the law itself: Last step of punishment was confirmed again not to give up even at risk society of modern times. Therefore, the Criminal Law should take actions against risk society not to destroy essence of the principles of the Criminal Law of modern times but to regulate at minimum level. And. social members should make efforts to reinforce norm consciousness and to settle ineffectiveness of the laws that might be produced at risk society. The concept of new legal interest of the Criminal Law at traditional law-governed country, abstract risk criminals, administrative dependency and group responsibility, etc should investigate theories carefully to accept them flexibly and to solve future problems.

목차 (Table of Contents)

• Ⅰ. 머리말
  Ⅱ. 위험사회와 위험형법
  Ⅲ. 전통적 형법관에 대한 위험형법의 도전
  Ⅳ. 형법적 대응의 방향 모색
  Ⅴ. 결어
  [ABSTRACT]