가인 김병로 선생의 범죄론체계와 한국형법의 총칙규정

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.