형법개정의 기본방향 - 한국형사법학회의 2010년 형법개정시안을 중심으로 -

Korean government (Ministry of Justice) has prepared a draft of a new korean criminal code after a decade's effort. Korean Criminal Law Association(KCLA) also has prepared an alternative draft to it. The author as a chairperson of the committee in KCLA which was established for criminal code reform would like to report the contents of the draft. The basic idea and contents of the new draft of KCLA are as follows:- introducing clauses embodying constitutional principles into criminal code. - organizing clauses which were unsystematically arranged in the criminal code. - modernizing the terms of the code which was originally enacted in 1953. New clauses of special concern are among others:- introduction of clause concerning ignorantia juris to which korean supreme court would not apply the error iuris clause. The introduction of this clause will make it possible to regard it as a sort of error iuris. - introduction of necessity clause for a kind of plea of excuse. Korean criminal code has already the necessity clause as a kind of justification, and it was not available as a plea of excuse. - maintaining the clause concerning alleviation of punishment according to judge's discretion, which functions as a rationalizing very high range of punishment of established criminal code. - introduction of day fine system. - abolishment of adultery clause. - introduction of clauses justifying abortion which are already enacted in the Act for Protecting Health of Mothers and Children and abolishing several out-dated clauses remained in the korean criminal code: for example, parenticide and infanticide clauses which have aggravated and alleviated range of punishments than that of homicide.