위험사회, 위험 그리고 형법의 대응 - 국내의 논의 현황과 동향을 중심으로 -

This paper treats what roll criminal law has to carry out in modern society named risk-society. I examined here the existing debates critically. First, I referred to the concept of risk-society and the risks, which occur routinely in risk-society and their characteristics. Second, I searched the justificatory mechanisms of so-called risk-criminal law and indicated their problems in the respect of criminal law theory. Third, I researched some responses of criminal law to cope with the risks in risk-society. Finally, I mentioned the task and roll of criminal law in modern society. My opinion is that future of criminal law is very unclear, therefore it is desirable to review implications of traditional principles of criminal law and to deliberate the justificatory ground of criminal law in such a situation, and to find new ascribing standards of responsibility for actions in danger of violating legal interests at the same time.