사회변동과 형법의 과제

초록

Our society has been undergoing an intense development of scientific technologies, setting off the high-speed ‘compressive growth’ that inevitably drew dark sides in our society, which the contemporary society stipulates as a ‘risky society.’ Prevention of such a phenomenon has abusively held on to criminal countermeasures. Consequently, criminal law has been so expanded that certain terminologies are not unfamiliar such as a majority of modern special criminal laws, economic criminal law, science and technology criminal law, environment criminal law, labor criminal law, among many. What also facilitates the expansion is the tendency to neglect the experts in the legislative process. At this moment, we, however, as the contemplating scholars of criminal law before the ‘advent of modern crimes’, have the responsibility for reflective criticism of the expansion of criminal law that has to be ultima ratio; that is, if the expansion is, in essence, a balanced growth for legal protection or if it is an excessive growth. In a nutshell, the change of criminal law progressed in our changing society has showed a conspicuous fact that it had moved towards criminalization rather than decriminalization. The problem is sprawling expansion of special laws that don't correspond with the assignment of criminal law. From now on, though it is already a lot late, we must return to the original area of criminal law(The kernel of criminal law). We have to get out of delusion which only focuses on the remedy effect of criminal law and cannot see the violation effect. Therefore it is imperative to target decriminalization.

키워드