형사제재의 다양화와 형법의 기능

Modern criminal law aimed at the least use of punitive measures. As the result, its criminal sanctions were few and simple. Imprisonment played a central role in punishment stage while death penalty and monetary penalty made good the shortage of its availability. However, the present stage of criminal sanctions is colorful and splendid. Probation has already occupied its own room, equipped with the diverse aid programs like order to attend a lecture and community service order. Technical development has influenced the surveillance system so that the electronic monitoring is used as the efficient tool for keeping a watch on probationers as well as prisoners. Disposition of medical treatment and custody is also a familiar mechanism for dealing with insane criminals. To defeat sex offenders, Some jurisdictions including South Korea launch somewhat avant-garde programs. Notification system is the one of such progressive programs, and the most extreme sanction so called chemical castration is also introduced into our criminal justice system. On the other side of the coin, we can find other soft programs such as reconciliation in juvenile justice system. These diverse forms of criminal sanction means the various and complex functions of criminal law. Criminal Law should not remain in traditional principle of self-restraint. Therefore we need to provide a new explanation for the diversification of criminal sanctions from the viewpoint of criminal law function, which is the main theme of this paper.