가인 김병로 선생의 범죄론체계와 한국형법의 총칙규정

A major reform in Korean Criminal Code is being carried out by the Ministry of Justice. As a first step towards reform in Korean Criminal Code it is necessary to revisit the publication process of Korean Criminal Code which was published in 1953. Byungro Kim, who was the chair of the Korean Code Compilation Committee, drafted the General Provisions of the Korean Criminal Code. Much of his draft was based on his article on Justification of Crime which was published in 1915. The author of this paper analyzed the structure and the content of Kim’s 1915 article and examined how his philosophy of criminal law had been reflected in the General Provisions of Korean Criminal Code. It is the author’s expectation that Kim’s 1915 article will be appreciated by a wider audience and that it will significantly contribute to the current revision process of Korean Criminal Code.