Text Analysis on Punishment Clauses in Korean Law: Changes in the Number, Level, and Balance of Punishment Clauses Over 30 Years

Kim Jaeyoon ()
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Kim Jaeyoon: National Assembly Budget Office, Seoul, Korea (the Republic of)

Asian Journal of Law and Economics, 2019, vol. 10, issue 3, 19

Abstract: For this study, I completed a comprehensive review of punishment clauses in the Korean Legal Code from 1985 to 2016. Using a web crawler and text analysis, I gathered data on the laws and then identified the content of the penal sentence in each clause. By investigating the data, I was able to quantify and assess changes over time in: (1) the number of punishment clauses; (2) the severity of sentences; and (3) the balance between imprisonment and fines. In order to examine the causes of these changes, I separated the data into different sentence levels and sectors. I found that low-level punishment clauses had grown quickly, and some of the sectors responsible for the change included civil engineering and sex offenses. This comprehensive review of the penal sentences revealed issues of concern related to overcriminalization, overpenalization, and an imbalance of punishment level in the Korean Legal Code.

Keywords: criminal law reform; Nulla poena sine lege; overcriminalization; overpenalization; text analysis (search for similar items in EconPapers)
Date: 2019
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DOI: 10.1515/ajle-2019-0027

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