[특집] 제정형법의 성립경위

• 영문명: An Establishment Process of Korean Penal Code in 1953
• 발행기관: 한국형사법학회
• 저자명: 신동운
• 간행물 정보: 『형사법연구』형사법연구 제20권, 9~52쪽, 전체 44쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.01.23

영문 초록

It is the 50th anniversary of establishment of the Korean Penal Code in 2003. This article examines the establishment process of the Korean Penal Code in commemoration of enactment of the Korean Penal Code in 1953. The whole process, from the very beginning when the enactment of the Korean Penal Code Was first discussed to the point of time when the deliberation in the Congress was completed. is narrated in chronological order. The contents of this article consist of following 4 parts: (1) the activities of Legislation Compilation Committee under occupation by the U. S. forces (1945 -1948) (2) the activities of Legislation Compilation Committee after the founding of the Republic of Korea(1948-1950) (3) drawing up an amendment by Congress Legislation Judicial Committee and deliberation process III Congress(1951 -1953) (4) reactions after the enforcement of Korean Penal Code in 1953. In this paper, new historical documents regarding the establishment of Korean Penal Code are discovered and introduced. The deliberation process in Congress is described concisely as well. As a conclusion, the author focuses on democratic and humanitarian aspects of Korean Penal Code. Simultaneously, based on these views, the needs for the new revised Penal Code in accordance with the current demands are emphasized.

목차

1. 서론

2. 법제편찬위원회 시기

3. 법전편찬위원회 시기

4. 형법초안의 국회심의

5. 결론

Abstract