일반교통방해죄와 집회시위에의 그 적용을 둘러싼 문제

• 영문명: Article 185 of Korean Criminal Code: problems in its concept and application to Street Demonstration
• 발행기관: 한국형사법학회
• 저자명: 한인섭(Han, In-Sup)
• 간행물 정보: 『형사법연구』형사법연구 제21권 제1호, 353~374쪽, 전체 22쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.01.28

영문 초록

Article 185(General Obstruction of Traffic) of the Korean Criminal Code says, "A person who damages, destroys or blocks a road, water-way, or bridge, or obstructs traffic by other means, shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 15 million won." My points about this article are three. First, words like "by other means" are vague and ambiguous, and might infringe on the liberty and property of citizens. "Other means" should be interpreted within a narrow boundary, or only in the "equal or similar degree to "damage, destruction or blocking." Second, the boundary of punishment ranges from 10 years imprisonment to 50 thousand won, and allows too wide sentencing discretion to judges. The article 185 should be only applied to the serious cases which endanger the security of persons in order to defend itself against the charge of unconstitutionality. More serious problem occurs when Article 185 applies to street demonstrators. The freedom of demonstration belongs to the fundamental human rights of people. Street demonstration may obsrtuct traffic order. Illegal street march could be subject to the violation of misdemeanor, but such an exercise of constitutional rights should not be categorized as a felony offense like article 185.

목차

Ⅰ. 머리말

Ⅱ. 교통방해의 방법으로서 “손괴, 불통, 기타 방법”의 해석

Ⅲ. 일반교통방해죄의 처벌규정의 문제

Ⅳ. 집회시위에 대한 일반교통방해죄의 적용의 문제

Ⅴ. 맺음말

Abstract

키워드

일반교통방해죄 집회시위 명확성원칙 General Obstruction of Traffic Crime Street Demonstration Null of vague and ambiguous Principle General Obstruction of Traffic street demonstration the freedom of association and demonstration