형법 각칙 제1장에 대한 개정 시안(試案)

In Korea a revision of the Penal Code, enacted hastily in 1953, is underway. Since the terrorist attacks of Sept. 11, many countries introduced new legislation giving priority to national security and public safety over guarantees of the rights of criminals. This article is a private amendment relating to the crimes against the state in the criminal laws of the Republic of Korea. This article includes the following:1. a new ‘Treason’ clause integrating Articles of Insurrection(Article 87 of the Korean Penal Code), Instigation of Foreign Aggression(Article 92) and Assistance to the Enemy(Article 93). 2. a new ‘Forming Treason Organisation’ clause. 3. a new clause concerning ‘Presidential Assassination, Kidnapping, and Assault’. 4. an amendment concerning ‘Defamation of the State’s Symbols’(including Flag Desecration). 5. a new clause concerning ‘Defamation of the Constitutional Organs’. 6. additional comments concerning treasonous activity; misprision; professional disqualification and the loss of the ability to hold public office, vote or be elected in public elections; confiscation; surrender; good faith defense; special procedure; dereliction of duty of law enforcement agencies; and organization of clauses. In writing this article, the theory and practice of current law related to the above topics and discussions of the revision of the Penal Code and the National Security Act of 1947 in Korea were examined. The theories and practices of foreign laws were collected, and analyzed to the extent possible. The laws of the United States, UK, Canada, Australia, Germany, Austria, Switzerland, Japan, France, and Italy were reviewed. In addition the laws of People's Republic of China, India and other countries were used as reference.