한국 형법의 사회상규조항의 기능과 형법학의 과제

By tracking down the dysfunction the normal social rules clause of Korean criminal law shows, this treatise sought out the measure that minimizes such dysfunction. For this, an arrangement was made as to how the Supreme Court of Korea is defining the concept of normal social rules concept and normal social rules clause, as well as what the court puts the clause’s theoretical basis on. Based on this, how normal social rules clause and social rule concept are applied in a criminal trial in practice was looked into; various aspects of normal social rules clause as well as normal social rules concept being utilized in criminal trials were studied by separating them into proper function and dysfunction; and lastly, legislative, interpretative and criminal law’s methodological task were sought after, in order to remove or minimize the dysfunctions.