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가인 김병로 선생의 범죄론체계와 한국형법의 총칙규정 : Byungro Kim`s Structure of Criminal Acts and the General Provisions of Korean Criminal Code
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- Authors
- Issue Date
- 2008
- Publisher
- 서울대학교 법학연구소
- Citation
- 법학, Vol.49 No.1, pp. 1-26
- Keywords
- 김병로 ; 형법개정 ; 정당행위 ; 법전편찬위원회 ; Justification of Criminal Act ; Code Compilation Committee ; Codification of Criminal Code ; Reform of Criminal Code
- Abstract
- A major reform in Korean Criminal Code is being carried out by the Ministry
of Justice. As a first step towards reform in Korean Criminal Code it is
necessary to revisit the publication process of Korean Criminal Code which was
published in 1953. Byungro Kim, who was the chair of the Korean Code
Compilation Committee, drafted the General Provisions of the Korean Criminal
Code. Much of his draft was based on his article on Justification of Crime
which was published in 1915. The author of this paper analyzed the structure
and the content of Kims 1915 article and examined how his philosophy of
criminal law had been reflected in the General Provisions of Korean Criminal
Code. It is the authors expectation that Kims 1915 article will be appreciated
by a wider audience and that it will significantly contribute to the current
revision process of Korean Criminal Code.
- ISSN
- 1598-222X
- Language
- Korean
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