Setting up global standards: issue-based comparative study on criminal law of major countries (III)
- LanguageKorean
- Authors Joongwook Park, Hwang Heo, Hyowon Kang, Lee Seongki, Byunghyun Sohn, Taeksu Kim, Baekeun Jeong, Donghee Lee
- ISBN979-11-91565-36-2
- Date December 31, 2021
- Hit616
Comparative study of criminal law is conducted in a comprehensive and systematic manner and aims at topic oriented approach. Accordingly, in spite of limited scope, laws, judicial precedents and theories of law are introduced in accordance with overall system. More specifically, this study is conducted with the following purposes in mind. Firstly, this study aims to find general theory of criminal law in terms of theory or investigate a direction for criminal law to develop. Secondly, this study is to provide positive law, judicial precedents and theories of law that are needed for hands on workers who engage in legislation, justice and execution of law from the viewpoint of practice. Thirdly, this study is to build comparative criminal law database (CCLDB) based on study result.
This study consists of contents of general theory of criminal law, particulars of criminal law, criminal procedure act, and international mutual assistance in criminal matters in leading five countries namely Britain, United States of America, France, Germany and Japan over five years. In the first year (2019), requirement for establishment of crime and matters of criminal liability in each country were primarily addressed. In the second year (2020), in general theory of criminal law, crime before prosecution, accomplice, prisoner and punishment were introduced while in particulars of criminal law, murder, injuryㆍassault, theft ・ fraud, and sexual violence crime were analyzed. This year’s study falls under the third year (2021) and as with previous year, forgery of s, bribery and perjury were selected from crimes that infringe on social and national benefit and protection of law and then they were analyzed. Standards of selection for above mentioned crimes include crimes within particulars of criminal law, crimes that can be compared internationally, universality, topicality, and typicality.
This report for the third year consists of forgery of s, bribery and perjury in order. Table of contents within relevant crimes is composed of overview, body, sub-conclusion and suggestions. In overview, basic history, system and concepts that are applied to relevant crime were addressed. In body, requirement for establishment of crime was divided into basic requirement for establishment of crime and modified one and punishment was included as crime effect and in case that there is distinct characteristic according to countries, it was substantially reflected. In sub-conclusion and suggestions, similarity and difference were drawn targeting crime in South Korea which enabled comparison between countries. In conclusion, global standard in each country and a direction for criminal law to develop were addressed to draw suggestions for us.
A study in this year is characterized by comparative criminal law database (CCLDB) construction work. Through the work, all research achievements conducted from the first year to the third year become database and system users can retrieve contents which they need namely concept of relevant subject, theory of law, legal provisions and judicial precedents by using link or entering keywords according to countries or subjects in a comprehensive manner. Later this year, contents of studies in previous year will be corrected and complemented in a system and research achievements will become database and they will be reflected in a system.
This study consists of contents of general theory of criminal law, particulars of criminal law, criminal procedure act, and international mutual assistance in criminal matters in leading five countries namely Britain, United States of America, France, Germany and Japan over five years. In the first year (2019), requirement for establishment of crime and matters of criminal liability in each country were primarily addressed. In the second year (2020), in general theory of criminal law, crime before prosecution, accomplice, prisoner and punishment were introduced while in particulars of criminal law, murder, injuryㆍassault, theft ・ fraud, and sexual violence crime were analyzed. This year’s study falls under the third year (2021) and as with previous year, forgery of s, bribery and perjury were selected from crimes that infringe on social and national benefit and protection of law and then they were analyzed. Standards of selection for above mentioned crimes include crimes within particulars of criminal law, crimes that can be compared internationally, universality, topicality, and typicality.
This report for the third year consists of forgery of s, bribery and perjury in order. Table of contents within relevant crimes is composed of overview, body, sub-conclusion and suggestions. In overview, basic history, system and concepts that are applied to relevant crime were addressed. In body, requirement for establishment of crime was divided into basic requirement for establishment of crime and modified one and punishment was included as crime effect and in case that there is distinct characteristic according to countries, it was substantially reflected. In sub-conclusion and suggestions, similarity and difference were drawn targeting crime in South Korea which enabled comparison between countries. In conclusion, global standard in each country and a direction for criminal law to develop were addressed to draw suggestions for us.
A study in this year is characterized by comparative criminal law database (CCLDB) construction work. Through the work, all research achievements conducted from the first year to the third year become database and system users can retrieve contents which they need namely concept of relevant subject, theory of law, legal provisions and judicial precedents by using link or entering keywords according to countries or subjects in a comprehensive manner. Later this year, contents of studies in previous year will be corrected and complemented in a system and research achievements will become database and they will be reflected in a system.
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