형법에서 예방의 가치와 유용성의 문제 - 공리주의적 형벌사상의 관점에서 -

In a risk society, The task of criminal law is to protect the legal interests and human rights of social members. Therefore, the criminal law should at least pursue a safe society and stabilize the social function system. To this end, criminal law requires a change in criminal policy to impose effective penalties on criminals for preventive purposes. This is because the purpose of treatment is no longer efficient instead of the punishment pursued by the criminal law. Therefore, the criminal law should consider the preventive effect of the national rule of law on the function of the criminal law to prevent various social risks and crimes. In other words, it would be desirable to introduce a utilitarian punishment idea that can be judged quantitatively as a prerequisite for the realization of preventive values. And because the preventive coupling theory toward purpose seeks efficiency of crime prevention, it is possible to perform the task of optimization in order to protect the legal interests and guarantee human rights of social members from various new risks in the AI era. In conclusion, the criminal law is considered to be worth pursuing prevention purposes because its value can be further increased by prevention and its usefulness can be recognized. In addition, the value of prevention can serve as a reasonable tool to create the beneficial effect of maximum happiness that can be tolerated by the largest number of social members, so it is reasonable to pursue the idea of utilitarian criminal punishment of prevention in preparation for future society.