[특집 : 주요 형사특별법의 정비방안] 특정범죄가중처벌등에관한법률 폐지의 당위성

[CONFERENCE : Reform of Special Acts] For the Abolition of 'the Act on Aggravating Certain Crimes'

The conclusion of this article is that the AACC should be abolished totally. At the first glance, it can be found that the contents of almost all provisions in the AACC are too cruel and unreasonalbe to have any reasons to be retained. The basic thoughts of the AACC come from the premodern military culture, in which the criminals are considered as enemies and the strong punishment as the most important and effective means to prevent the crimes. The AACC has given serious damages to our society by compelling the government to exercise a cruel and unnecessarily strong punishments. Without the AACC the criminals could be punished sufficiently through applying ordinary criminal law. The military dictatorship has gone for more than 10 years in Korea. It is very strange that those laws, however, are still survive which the military dictatorship has made. It seems as if the words "The constitutional law has been changed, but not the administrative law" are still effective to our society. This is the very reason why the AACC should be totally abolished and any one provisions should not survive by being moved to other laws.