Although recently vigorous studies on environmental crime have contribute criminal respects to be advanced in our country, most of them are focused on German discussions about the theory of environmental crime or environmental criminal law. As each countries in criminal legislation for environmental protection have some distinctive characteristics not found in others, the study which is more helpful to regulate environmental crime can be extend to other country in the view of comparative law. Thus this Article overviews especially the environmental criminal enforcement program involving civil and administrative enforcement in the United States. Notwithstanding that enforcement is an evolving phenomenon that only recently appeared on the scene, there is widespread public support for it. Once viewed as mere economic or regulatory offence lacking an element of moral delict, environmental crimes now provoke moral outrage and prompt demands for severe sanction and strict enforcement. Many major provisions of modem environmental acts that imposed criminal liability have been added or significantly restructured during the last decade. Notable among them are the imposition of the felony penalties for federal environmental crimes and the enactment of the endangerment crime in federal environmental law. This Article approaches the characteristics of environmental criminal enforcement form introducing major federal environmental acts. It develops the result that, considering the difference that exist between Korea and United States in environmental criminal law, our proper environmental regulatory framework can be constituted.

The Supreme Court of Korea has adopted a methodology of rigorous grammatical interpretation in order to satisfy the Constitutional requirement of law-binding in judgement of criminal case. However, the principle of law-binding does not mean the so-called ‘legal state.’ For this reason, the national justice system of the law recognizes the supplements of the judiciary. This article observes criminal judgement that the Supreme Court of Korea is suspected of going beyond just a supplementary role to ‘judicial justice’. As a result of analyzing the criminal judgment, the Supreme Court found that the following folly is used in using deductive syllogism. First, Producing of non-existent premise. Second, Arbitrary manipulating or processing of a premise. Third, excessive normative interpretation of a premise. Fourth, Formulating of general clause. Therefore, this article emphasizes the task of criminal law discipline which should prevent the judicial branch from walking the way of judicial jurisdiction by critically examining the various act of manipulation of Supreme Court which is carried out in the name of providing the legal basis for the preconceived conclusion in the deduction process.

The punishment laws and regulations should be strictly interpreted and applied according to phrases based on ‘Nullum crimen sine lege’ principles, and they should not be interpreted excessively in disadvantage of the defendant nor be interpreted analogically, and requirements and/or conditions of attachment of electronic device should be also interpreted in same way. The prosecutors were permitted to ask the court order of attachment of electronic device in accordance with the Act on the Electronic Monitoring of Specific Criminal Offenders when a criminal was admitted to have habit by committing sex violence crime two times or more(including guilty judgment). Majority opinions accepted 'guilty judgment' only: When the court judged whether or not the one who was given request for oder to attachment of electronic device committed sex violence crime two times or more, it should not consider previous record of protective disposition in accordance with the Juvenile Act. On the other hand, minority opinions said that the regulation should be applied at guilty judgment only, so that previous record of protective disposition against sexual violence in accordance with the Juvenile Act should be applied to sex violence crime two times or more. Majority opinion followed not only the Juvenile Act but also protective disposition to be advantageous to the one who was given request for oder to attachment of electronic device: But, ‘committing crime’ was limited to ‘guilty judgment’ except for behavior of corresponding case not to be good from point of view of interpretation of the Criminal Act. Majority opinion said that the one who committed sex violence crime should be punished in accordance with the Act on the Electronic Monitoring of Specific Criminal Offenders depending upon two cases to be unfair, that is to say, guilty judgment in accordance with general criminal procedures and protective disposition in accordance with the Juvenile Act. Judicial precedents of lower court differed to require legislative supplementation.

Looking at the 2000s, the Supreme Court has no detailed research on legal issues, leave the judgment of the past and the trend seems to quote. For example, errors of law in the judgment of a legitimate reason, joint principal offender the functional activity of the dominant theory of criminal law theory, Studies of accumulated information, we accept them gradually is moving in the direction. But the Supreme Court include the specific criteria are difficult to understand the concept and are using them. Nevertheless, the fact that by missing arguments for the inclusion of judgment comes to the conclusion lacks a logical basis for a problem that is leaving. The concept of morals and social standards for the presentation of an abstract interpretation and judgment, collusion joint principal offender beliefs about the uncritical criticism of scholars for the future through careful research accumulated in Criminal Justice Studies, by accepting the theory and practice of will have to endeavor to harmonize. Thinking and knowledge learned in courses to apply it in practice will need to prevent useless. Korean Association of Criminal Case Studies is celebrating its 20th anniversary, criticism of the theory and practice through the mutual development to be able to look forward to continue to evolve.