경제위기와 형사법의 대응: 불법 사금융을 중심으로

In this Article is studied on Economic Crisis and Criminal Law focused on the “illegal private loans”. It is because the problem on Illegal private loans imply a relationship between the economic crisis and the criminal law. The global financial crisis started from 1998 is still going on. Due to the economic crisis, the financial situation of the general populace continues to worsen. Especially, this situation has lead to increased use of private loans of the low income or bad credit class. Crimes that is caused by the expansion of the private loans occur frequently, such as private lenders violate the upper limit of 30 percent on interest rates, threat or assault debtors for debt collection. As the number of victims of illicit private loans has increased, the government declared a war on illegal private loans as part of efforts to protect low-income families in 2011. This article, first, examined the effects of the global financial crisis on our country's economy, crime phenomenon, financial situation of the general populace, and private banking market. Also criminal justice measures against the illegal private loans is examined. And in this artcle, the policy direction of improving the countermeasure against these illegal private loans is proposed. And in lieu of a conclusion, the basic direction is proposed in the criminal law's countermeasure to the economic crisis. In the criminal law's countermeasure to the economic crisis, we must on our guard especially against strengthening of punishment by legislative. Strengthening of punishment by legislative goes against the rule of law, as well as reduces the effectiveness of the law.