사회적 형사법 이념과 과제 - 제4의 사회법 -

In the 2010s, brutal crimes such as murder after sexual assault, domestic violence, child abuse, etc. made people realize that the socially weak(minority)' right to live is threatened not by accidental criminal activities but rather by continuous and systemic crimes reinforced by an asymmetric power structure. As a result, the special Acts, like the Act on the Punishment of Sexual Crimes, and the Act on the Punishment of Child Abuse were recently revised or enacted. These Acts can be characterized by punitive justice, supportive justice, protective justice, preventive justice, scientific justice. However, these special Acts show some contradictions among them and led to controversies over fairness issues and exposed a loophole in the protection system. To fix this problem and make protection of the socially weak settle into a stable and independent field, a new paradigm that brings the existing Acts under a uniform ideology is needed. To this end, I suggest the new paradigm of “Social Criminal Law”. This will work as ‘the 4th Socal Law’to complement the weak point of the traditional concept of social law. Moreover, it can be a useful ideological platform to address challenges that remain in the existing special criminal Acts for the socially weak. The future tasks of the social criminal law would be stipulation of the right of access to justice, expansion of the substantive claus for the socially weak, enactment of the comprehensive special Act on the punishment of abuse on the socially weak, improvement of the existing system, introduction of the appeal system against dismissal of warrant for the purpose of protection of the socially weak.