19대 국회 의원발의 형법개정안 검토

• 영문명: An Analysis on the Penal Code Revision Bills Initiated by Legislators in the 19th National Assembly
• 발행기관: 한국형사정책학회
• 저자명: 조국(Kuk Cho)
• 간행물 정보: 『형사정책』刑事政策 第27卷 第1號, 28~54쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2015.04.30

영문 초록

The objective of this Article is to review the Penal Code Revision Bills initiated by legislators in the 19th National Assembly. Assemblymen submitted bills related with criminal issues that attracted the attention of the public mass. For instance, bills to revise criminal responsibility so as not to exempt the responsibility of the defendants who committed a crime under the influence of alcohol or drug, and bills to reconstruct the current monetary penalty system, which has been criticized for "inequality of penalty effect." These bills are political efforts to reflect in the Penal Code requests by the public mass. However, the bills are found to adopt hard-line criminal policy that depends on heavy and harsh punishment, and disregard systematic coherence with other criminal acts. On the other hand, many bills were initiated to revise the Special Part of the Penal Code. They were to update the Special Part, revising corpus delicti or providing new defenses.

목차

Ⅰ. 들어가는 말

Ⅱ. 죄형법정주의의 명문화

Ⅲ. 형법의 적용범위 - '세계주의' 신설

Ⅳ. 책임론

Ⅴ. 형벌론

Ⅵ. 형법각칙

Ⅶ. 맺음말

참고문헌

키워드

형법개정 의원입법 책임능력 벌금형 Penal Code criminal responsibility monetary penalty hard-line criminal policy