한국의 형사정책에 관한 역사적 고찰

서지정보

ㆍ발행기관 : 한국경호경비학회 ㆍ수록지정보 : 한국경호경비학회지
ㆍ저자명 : 김형청

목차

Ⅰ. 서 설
Ⅱ. 왕조시대의 형사정책
Ⅲ. 일정․군정시대의 형사정책
Ⅳ. 결 론

한국어 초록

犯罪는 人間의 歷史와 더불어 생겨났으며 人間社會의 發展에 따라 그 樣相이 시대상황을 반영하면서 다양해지고 그 해악은 점증되었다. 이처럼 歷史性을 지닌 범죄에 대하여 科學的 接近이 시작한 시기를 일반적으로 18세기에 등장한 古典學派가 당시 자의적이고 전횡적인 형사사법 운영실태를 비판하고 人本主義를 바탕으로 합목적적인 형사사법제도의 토대를 마련한 때로 보고 있다.
이 시기에 재판의학 연구․범죄현상에 대한 통계적 연구․행형제도 연구 등 刑事政策에 대한 實證的 硏究가 활발히 이루어지기 시작하였다.

영어 초록

During the ancient times, there was no separative judicial system and administrative , legislative and judiciary functions were ultimately concentrated in the all-powerful
monarch.
And the three states developed state organization , adopting hieratical structures and placing at the pinnacle . State Codes were promulgated to initiate a legal system to rule the people, these codes instituted under influence of China codes. The people tradition sees crime control as the preservation of the authority of hereditary rulers.
In the period of the Koryeo dynasty, government accepted a serious of detailed penal code from Tang dynasty . Legal response to crime stressed preservation of the dynasty
rather than making citizen behave according to certain rules.
In the period of Early Joseon , the compilation of Grand Code for state administration was initiated, the Kyeongkuk Taejeon ,became corner stone of the dynastic administration and provided the monarchial system with a sort of constitutional law in written form. This national code was important means of criminal policy at that time, Late Joseon , the impact of Western culture entering through China gave further impetus to pragmatic studies which called for socio-economic reforms and readjustment .Approach to criminal justice policy emphasized more equitable operation of the criminal justice system ,rehabilitation and crime control.
Korea-Japanese Treaty concluded on 22 August ,1910 and proclaim a week later , Japan gave the coup de grȃce to the Korea Empire and changed the office of the
Resident - General into the Government - General . Thus korean criminal policy were
lost during a dark ages ,which lasted for 36 years after fall of Joseon Dynasty (the colnial period,1910～1945).
After 1945 Korea's liberation from Japanese colonial rule, the occupation of devided
Korea by the United States and Soviet Union frustrated the efforts of Koreans to establish an independent government, and the transplantation of two conflicting political ideologies to south and the north of the 38th parallel further intensified the national split. U.S. military government office occupied the south of the 38 the parallel and placed emphasis on democracy of criminal policy.
In 1948, the U.S.military government handed over to the ROK government its administrative authority.

참고 자료

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