사회안전과 형사실체법의 변화, 과제와 전망 - 신자유주의 안전담론을 중심으로 -

초록

This paper aims to analyze critically the extension of punitive policies in ‘neoliberal’ era. People demand more and more that the society must protect itself by strengthening the penal system and excluding dangerous criminals from the society. In my view, the need for strong punitive policies correlates closely with neo-liberalism, which pursues the policies of economic deregulation of so-called ‘free market’ nostrum. Consequently, we are suffering from increasing unemployment, lack of job stability and decreasing social welfare. In turn, it reinforces the penal authority of the state in daily life to maintain the neo-liberal economic system and social order. I show the rapid diffusion of strong punitive policies in Korea in four dimensions. Firstly, the government and political parties have concurringly strengthened the penal measures against the serious crimes during the past several years. Long-term prison sentences and various surveillance control measures were adopted rapidly in response to the public demand for daily security. Secondly, the penal apparatus are utilized more and more to bend the social resistance of working class to the insecurity of employment. Thirdly, we can observe that the government intensifies the suppression of petty street crimes. For example, Korean Government criminalized the begging as a petty crime newly in 2012. This is supported by the security thematics incarnated by ‘zero tolerance’ and ‘law and order’. Lastly, accompanying with implementation of the strict penal policy, the police dragnet and surveillance system are now dramatically extended and tightened. I am worried that the neoliberal government has to rely on the strict penal policies more and more in order to shore up the deficit of legitimacy of political authority suffered from consistent insecurity of daily life. And the neoliberal penal system pursues ‘risk management’ through strengthening various penal policies and by stigmatizing the people recalcitrant to the neoliberal discipline as persons harmful to society, even as a social ‘enemy’. The extreme extension of such penal strategies breaks down the solidarity of our society and results in destroying democratic citizenship.

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