A Comparative Law Research on the Influence of Japanese Draft for Revising Criminal Law in Korean Criminal Law

2016 Fiscal Year Final Research Report

• Project/Area Number: 26380024
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Fundamental law
• Research Institution: Kobe Gakuin University
• Principal Investigator: CHOI JONG-SIK 神戸学院大学, 法学部, 研究員 (20380652)
• Project Period (FY): 2014-04-01 – 2017-03-31
• Keywords: 日本改正刑法仮案 / 韓国の制定刑法 / 日韓刑法比較 / 日本刑法の継受

Outline of Final Research Achievements

There are 372 articles in Korean Criminal Law, but 321 articles(80 general provisions and 241 particulars) are very similar or same to Japanese Draft for Revising Criminal Law. Therefore, it is absolute that the Japanese Draft for Revising Criminal Law has certainly influenced on Korean Criminal Law. It should be reconsidered that the Japanese Draft for Revising Criminal Law has had positive influences on Korean Criminal law. In addition, the reason and its background that the Korean legislators had to refer to the Japanese Draft for Revising Criminal Law at that time should be also understood. Thus, the reasonable and appropriate estimation toward the Japanese Draft for Revising Criminal Law would help improve the current Korean criminal law. Also, it would be helpful that Japanese scholars should also positively study on the revision or use of the current Korean Criminal Law.

Free Research Field

刑事政策、少年法、日韓刑事法比較