Meaning of “change in the perspective of criminal law”, which is the standard for changing laws and regulations to which Article 1 (2) of the Criminal Act applies - About: Sentence 2020 Do16420 Decision on December 22, 2022 -

Recently, the Supreme Court has decided that the change of laws and regulations referred to in Article 1 (2) of the Criminal Act and Article 326 (4) of the Criminal Procedure Act differs from the clear concept of the text, and the applicable laws and regulations should be different depending on whether the change is based on reflective consideration. It is difficult to find a reason for doing so, and if the position of the motive theory that considers the intention of the legislator is maintained, reducing the interpretation of Article 1 (2) of the Criminal Act and Article 326 (4) of the Criminal Procedure Act, which is favorable to the accused, will eventually be unfavorable to the accused. Based on the fact that the scope of punishment could be expanded in this direction, the previous Supreme Court ruling was reversed and the attitude changed. Unless the legislature provides a transitional provision stipulating that criminal punishment for violations of previous laws and regulations shall be maintained even after the change of laws and statutes, the Supreme Court shall determine whether the criminal statutes themselves or the statutes authorized or delegated by them concerning the formation and punishment of crimes If the change does not constitute a crime or the sentence is lightened, in principle, Article 1 (2) of the Criminal Act and Article 326 (4) of the Criminal Procedure Act shall be applied regardless of whether the statute was changed based on 'reflective consideration'. As the Supreme Court recently changed the position of the previous case and seems to have derived the concept of “change in criminal legal perspective” as a new criterion for applying the trial law, it is necessary to examine what the conceptual sign of change in criminal legal perspective means.