미수범 분야 개정방향

Abstract

The provisions related to attempted crime(article 25 ~ article 29) of criminal law in force have never been amended since the enactment of criminal law. It has been partially discussed when Ministry of Justice(MOJ) considered the amendment of criminal laws and regulations since 1985. However, it was about minor part of the attempted crime and the provisions which were expected to be revised were not legislated. Regarding the provisions of attempted crime, the Voluntarily Cased Crime and Impossible Crime were considerably discussed in the aspect of commentary, but little discussed in the aspect of legislation. Also, general discussions about the overall part of attempted crime have not been done enough. This study reviewed legislative issues, legislative history, the amendatory issues, and the legislative system in other countries of attempted crime, and presented proposals for improvement.