"Overcoming the 'Patchwork Criminal Law' Causing Confusion Due to the Special Criminal Act"

Korean Institute of Criminology and Justice Policy '70th Anniversary of the Enactment of the Criminal Act of the Republic of Korea' International Seminar

The Korea Institute of Criminology and Justice Policy held an international seminar on the 6th at the Hilton Garden Inn in Gangnam, Seoul, marking the 70th anniversary of the enactment of the Criminal Act of the Republic of Korea. Criminal law experts from Korea, China, and Japan attended to present the current status of criminal law amendments in each country and discuss development plans.

[Photo by Beopryul Newspaper]

Korean criminal law was enacted in 1953. It was a massive task to establish numerous laws and subsidiary codes, and it was hastily prepared due to the outbreak of the Korean War. Experts agree that only a temporary relief of urgent needs was achieved, and even after 70 years, the "completion of the Criminal Act" remains an unfinished task. While partial amendments to the Criminal Act have some significance, there are calls to reorganize the legal system to reflect the changing times and circumstances.

Choi Hojin, Vice President of the Korean Criminal Law Association, pointed out, “Korean criminal law has many special criminal laws outside the general Criminal Act. While these can supplement the incomplete provisions of the general Criminal Act, they also reduce the effectiveness of the law.” He added, “In amending the Criminal Act, it is necessary to review and reorganize special criminal laws, delete parts that can be incorporated into the Criminal Act, and carefully examine the remaining parts to improve them rationally.”

Vice President Choi emphasized, “For practical and feasible amendments, it is necessary to consider a gradual amendment approach aiming for a comprehensive revision over time rather than presenting a comprehensive amendment proposal all at once. The painful experience of proposed amendments being completely discarded due to delays in the National Assembly’s review process must not be repeated.”

There were also criticisms comparing Korea to Japan, a neighboring country with a similar legal culture. In 2023, Japan significantly amended its sexual crime regulations by increasing penalties for sexual offenses, establishing the crime of non-consensual sexual intercourse, and raising the age of consent from 13 to 16 years old.

Oh Younggeun, Professor Emeritus at Hanyang University Law School, stated, “Korea also established crimes of sexual intercourse and molestation against persons aged 13 to under 16 in 2020, similar to Japan. However, while Japan established bodies such as the ‘Criminal Law Review Committee on Sexual Crimes’ under the Ministry of Justice in 2020 to conduct careful reviews and discussions before amending the law this year, Korea amended the law without any discussion or research process. We must overcome the current ‘patchwork criminal law system’ caused by the proliferation of special criminal laws and establish a clean Criminal Act.”

Law PhD Han Sanghoon said, “Recently in Korea, several cases reported in the media have sparked public outrage, and lawmakers have rapidly amended laws influenced by public opinion. Even if legislative leadership lies with the media or government, it is essential for stable development to explain the content and reasons to criminal law scholars or associations and to accept reasonable opinions through public hearings or opinion polls.”

Woo Bin, Reporter for Legal Newspaper

※This article is based on content supplied by Law Times.