법사회학의 관점에서 바라본 형사법학 - 사회학적 형사법학의 관점을 중심으로 하여 -

Our criminal law has been traditionally built criminal law system by usinga normative way. However, this traditional normative methode is a failureto communicate successfully with social reality. In this respect, introducinga legal sociological perspective to criminal law has a positive meaning. Bydoing that, criminal law can enhance its suitability for social reality. In thiscontext, this article deals with the question of how a legal sociological perspectivecan be introduced to criminal law, including review of what this means andits limits are. In addition, this article handles from the legal sociological perspectivethe question of what challenges criminal law has to meet today. To resolvethose questions, this article uses mainly theoretical resources of german criminallaw: the “gesamte Strafrechtswissenschaft” of Franz von Liszt, hermeneuticalcriminal law of Winfried Hassemer, systems theoretical criminal law of KnutAmelung and Günter Jakobs, and the “Feindstrafrecht”. Furthermore, thestructural change of modern society, the rapid development of science andtechnology, the emerging of the “Sicherheitsgesellschaft”, and the beginningof law school and bar exam systems in South Korea are argued as challengesto criminal law. Finally, the author of this article points out that criminallaw should not give up its normativity even though introducing a legalsociological perspective to criminal law has various positive points.