조직폭력범죄에 관한 범죄개념의 재구성
Reconstitution of Crime Concept about Organized Violence Crime
이덕인(부산정보대학)
41호, 81~113쪽
초록
We cannot raise different opinions against the fact that organized violence crimes are serious and cannot be overcome comparing to the effects on the society. However, it is judged that the organized violence crimes are exaggerated and different form the reality as reviewed before. Not only practitioners but also researchers are responsible for this. Overly diversified concept definition makes us misunderstand the exterior of organized violence crimes and it is evident that empirical research is impossible. We can point out the problems that there was no consensus in professional group as well as the research direction was wrong from the beginning. Additionally, domestic researchers worsened the ambiguity of the concept of the crime by riding on the international research trend without verification. It caused the errors in the approach to the characteristics of the organized violence crimes, and furthermore they considered this abnormal research trend justifiable which sticks to the countermeasures in the aspect of comparative law. Therefore, if we do not correct these problems, confirm the criminal exterior of organized violence crimes and establish the countermeasure against the organized violence crimes by analyzing criminal characteristics and crime typology accordingly, it will make depart the theory from the reality as well as interfere the establishment of the administrational policy for social defense. Therefore researchers and working level workers need to think over and solve the problems. We need to think over and continue the research to establish a doable crime enforcement policy from the effective countermeasures against the organized violence crimes.
Abstract
We cannot raise different opinions against the fact that organized violence crimes are serious and cannot be overcome comparing to the effects on the society. However, it is judged that the organized violence crimes are exaggerated and different form the reality as reviewed before. Not only practitioners but also researchers are responsible for this. Overly diversified concept definition makes us misunderstand the exterior of organized violence crimes and it is evident that empirical research is impossible. We can point out the problems that there was no consensus in professional group as well as the research direction was wrong from the beginning. Additionally, domestic researchers worsened the ambiguity of the concept of the crime by riding on the international research trend without verification. It caused the errors in the approach to the characteristics of the organized violence crimes, and furthermore they considered this abnormal research trend justifiable which sticks to the countermeasures in the aspect of comparative law. Therefore, if we do not correct these problems, confirm the criminal exterior of organized violence crimes and establish the countermeasure against the organized violence crimes by analyzing criminal characteristics and crime typology accordingly, it will make depart the theory from the reality as well as interfere the establishment of the administrational policy for social defense. Therefore researchers and working level workers need to think over and solve the problems. We need to think over and continue the research to establish a doable crime enforcement policy from the effective countermeasures against the organized violence crimes.
- 발행기관:
- 법학연구소
- 분류:
- 법학