한국형사법학회 2024년 형법총칙개정시안에 대한 논평

The Korean Criminal Law Association has drafted for a general rule amendment with the aim of completely revising the criminal Code. These works have special significance in the attempt to modernize Korean criminal Code, which has resulted in failure every time. It was not the first time that the Criminal Law Society, an academic community, has prepared its own criminal law amendment proposal. However, until now, it has been extremely rare for the achievements of these societies to be subject to academic discussion and receive a legitimate evaluation. It is difficult to find cases in which evaluation and developmental discussions have been developed even by criminal law scholars. This article evaluated whether the proposed amendment to the general rules made by the Korean Criminal Law Society in 2024 succeeded in showing the appearance of a 'better criminal law' with eight evaluation criteria. In addition, I set four conditions for whether the 2024 General Regulations Amendment proposal satisfies the conditions for the exercise of collective intelligence to check the operating method and operation process of the Society Amendment Committee. This was intended to help the Korean Criminal Law Association to ensure that the full criminal law amendment work, including the proposed amendment of special rule of Korean Criminal Code, can be carried out under optimized conditions to have a better criminal law.