사회안전과 실체형법의 변화 - 과제와 전망-사회안전과 사회통제, 그리고 성찰적 형법-

‘Risk’ and ‘safety’ are main social issues in modern society. Thus modern society is so-called ‘Risk Society’. In respect of the laws, risk approach is devided some ways; one is risk criminal law or risk-governing criminal law emphasizing prevention function, and the other is symbolic criminal law. But in this study, risk is separated from safety. in other words, the fundamental concept of risk is related to industrialization and globalization but notion of safety is derived from safety need. that is threatening the security or emotion of un-safety. The ideal so-called safety is unachievable goals, even though the effort for safety enhances the safety needs but socially creates an air of anxiety correspondently. Nevertheless that safety is regarded as the benefit and protection of criminal law, it protects universal benefit such as inessential ethics or morality or social emotion. and that is not the benefit and protection of criminal law. As the result, that leads to the criminal commitment to the point having no criminal basis. But safety is subjective emotion or social ambience, so that should be achieved through the voluntary stick to the rules not criminal intervention.