형사정책학의 학문성: 이론은 어떻게 국가의 형사정책이 되는가?- 행동경제학과 인간행동학의 예를 중심으로 -

In general, the academic field in which the causes and countermeasures of crime are approached from an empirical and normative perspective has been called criminal policy. Therefore, the academic nature of criminal policy emits its original meaning only when such an academic approach is reflected in the state's policy. Furthermore, criminal policy is the basis of criminal law in that it has the power to deal with not only crime but also deviations and social pathologies in a broader sense, and the legislative activity of criminal law has legitimacy. In other words, in terms of criminal policy, state policy must be collectively referred to not only government activities, but also legislation and judicial law. And it is very clear that the ultimate purpose is to guarantee the people's right to freedom. Here, we will look at some conflicting theories on human behavioral choice and examine whether it can provide guidelines for the formation of anti-value attitudes contrary to the norms of followers and as a countermeasure against them. First of all, it can be seen that the basic theory of human behavioral choice has developed from economics and has developed by incorporating various disciplines such as psychology and cognitive science. Therefore, I would like to look at the national intervention in the aspect of behavioral economics, which has recently been in the spotlight(Ⅱ), and examine the impact of paternalism, which has been actively involved in the country's criminal policy from the past (III). And I would like to give an overview of human behavior based on traditional economic theory and identify the criminal policy implications that can be obtained from it (IV).The quote “Liberty is always free from the government” was said by economist Ludwig von Mises, famous for “human Action(praxeology)”. The reason for mentioning human Action(praxeology) is to raise questions about what the state's criminal policy is set on. Finally, I would like to emphasize that such theories on human behavioral choice that can affect national policy should be the basic framework of criminal policy and national policy. If criminal policy is a policy toward humans, it must conform to the human nature. The starting point of behavioral economics or human Action(praxeology) is also in the human nature. However, regarding how to interpret the human nature, behavioral economics chose the natural science method and human action chose the philosophical method, and the conclusions are naturally contradictory. If so, the state’s criminal policy should strive to minimize infringement of basic rights by predicting and implementing the success or failure of the policy based on the results of theoretical research.