‘범죄와 형벌’ 관련 법교육 교재 내용 분석 -형법의 갈등구도를 중심으로-

For the analysis of teaching books on the law-related education, I set up the analyzing frame on the basis of the protective and the assuring function which are the functions of the criminal law, and taking it a criterion I analyzed the contents of teaching books on the law-related education. The protective function of criminal law is appeared nation's intrusion on individual's life, and this involves the danger of infringe on human rights. Therefore, a proposition which restricts the protective function is to be needed, that is just the assuring function of criminal law. The assuring function is to emphasize the aspect of guaranteeing human rights of criminal law, being called 'The Magna Carta of Social General People' and also 'The Magna Carta of Criminals'. Also,the protective function represents situation of victims and the assuring function represents situation of criminals. Social general people could be potential victims and potential criminals as well, since so could pupils, such functions are value which could not be seen carelessly any of them. Crime and punishment are legal phenomena of social reality. When in social reality crimes happen, there are criminals who are to be sentenced punishment corresponding to their crimes by law and also, there are victims who suffer from those crimes. For this reason, the fact that in crimes and punishment, criminals and victims coexist is to be recognized.