형사법학 60년의 회고와 향후과제 - 형법총칙분야를 중심으로 -

초록

The contents of this paper is the review of the korean criminal jurisprudence since 1957, in which year The Korean Association of Criminal Law and Procedure was found. The total 60 years may be devided into three eras of 20 years. The first era is from 1957 to the end of 1970’s. In that era, the most of the korean criminal scholars focused on introducing the japanes criminal jurisprudence into Korea. The second era is from the early of 1980’s to the end of 1990’s. In that era, many korean criminal schloars studied in Germany and introduced german criminal jurisprudence into Korea. For Korea has received german criminal law through Japan, it was considered very important to introduce and refer german criminal jurisprudence in interpreting korean criminal code. The representative example is introducing german criminal theories such as ‘die Lehre von Handlungbegriff’(the theory of the concept of act in criminal law), ‘die Lehre von objective Zurechnung’(the theory of the relationship between a criminal act and a criminal result), ‘the theory of the social and ethical limitation of the self-defense’ and ‘die Lehre von Täter und Tatherrschaft’(the theory of the distinction between a principal offender and a accomplice). The third era is the 21th century. In this era, many korean criminal scholars criticize the simple comparative study and germany-oriented criminal jurisprudence of the former era and try to found a criminal jurisprudence which is proper to korean criminal code.

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