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KICJ Research Reports

Critical Review of Criminal Justice Bills During the 19th National Assembly of Korea: Outcomes and Challenges 사진
Critical Review of Criminal Justice Bills During the 19th National Assembly of Korea: Outcomes and Challenges

Abstract

This research aims to review the legislative works of the 19th National Assembly (2012-2016), focused on the criminal justice bills. By studying the accomplishment and limits of such legislations, it is expected to clarify principles for systematic legislation and to propose measures for effective law-making in the field of crime prevention and criminal justice.
The research begins with introduction on the necessity of reviewing criminal justice bills, which are ever more increasing during the 19th term of the National Assembly. Those bills reflect the political and social situations of criminal justice policy.
Chapter 2 analyses statistical data on the criminal justice bills proposed by National Assemblymen, which show the general idea on the legislative works of the 19th National Assembly. Chapter 3 compares the support systems on legislation both in Korea and the US : National Assembly Research Service and US Congressional Research Service.
Chapter 4 analyses those amendment bills of the Criminal Act and Criminal Procedure Act. This is followed by chapter 5, which deals with bills of special criminal laws, especially Act on the Punishment of Sexual Violence and Act on the Protection of Children Against Sexual Violence. Chapter 6 also deals with those bills of special criminal laws, mainly providing criminal sanctions on the violations of administrative regulations.
By conclusion, the research defines the accomplishment and limits of the legislative works of the 19th National Assembly on the matters of criminal justice. Those bills have made efforts to adopt social changes and demands of citizens for criminal justice policies, but on the other hands have made ineffective and unprofessional bills.
This research proposes some legislative principles of criminal justice based on the Constitution, and supportive system for the legislature to perform more effective and professional works.
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