채권추심을 목적으로 한 전화공세가 형법상 업무방해죄에 해당하는지의 여부

• 영문명: Article 314(Interference with Business) of Korean Criminal Code
• 발행기관: 한국형사법학회
• 저자명: 김태명(Kim, Tae-Myeong)
• 간행물 정보: 『형사법연구』형사법연구 제21권 제4호, 489~516쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.01.31

영문 초록

Article 314(Interference with Business) of Korean Criminal Code says, "A person who interferes with the business of another by the method of Article 313(fraudulent means) or by the threat of force, shall be punished by imprisonment for not more than five years or by a fine not exceeding fifteen million won." Though it requires the result of interference with the business of another in constitution of that crime, those who give rise to a danger of the result are being judged guilty of Article 314(Interference with Business). To prohibit of it's excessive application overpunishment, this article suggests some points. First, the means of interference with Business, that is fraudulent means or the threat of force, are so vague that it might infringe on the liberty of speech and press, and of meeting and assembly. So they should be interpreted within a narrow boundary or restricted to similar degree to violence or intimidation. Second, the article 314 should be only applied to the cases in which the result of interference with the business of another are practically occurred. Because the attempt to commit that crime shall not be punished, the interference with the business could not be punished for that crime so long as it put an end to causing that result.

목차

Ⅰ. 머리말

Ⅱ. 업무방해죄 규정의 입법연혁과 문제점

Ⅲ. 업무방해죄의 법적 성격과 업무방해죄 규정의 해석

Ⅳ. 대법원판결에 대한 비판

Ⅴ. 맺음말

키워드

업무방해죄 위험범 침해범 과잉형벌 위계 또는 위력 Interference with Business endangering crime infringement crime overpunishment fraudulent means or the threat of force