사법방해행위의 형사법적 규제방안

• 영문명: The Criminal Regulation of Obstruction of Justice - On the False Statement of Witness -
• 발행기관: 원광대학교 법학연구소
• 저자명: 황만성(Hwang, Man-Seong)
• 간행물 정보: 『원광법학』제25권 제1호, 251~272쪽, 전체 21쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.03.30

영문 초록

False statements by witnesses are widespread at the stage of criminal investigation in Korea. The Supreme Court held that a false statement before a investigatory agent did not fall within the fraudulent obstruction of the performance of governmental affairs(section 137 in Criminal Act). And there is no parallel statues to §242.1 of the Model Penal Code of U.S.A. So, Someone insisted that the witnesse(at the stage of criminal investigation) have been granted an unlimited freedom to lie in effect. It has been proposed that new proposition to define and punish the misdemeanor of obstructing the administration of law or other governmental function is needed. But, I cannot easily accept the suggestion. The reasons are as follows. First, we cannot say that the witness has same burden to find out the real truth of an affair as like prosecutor. Second, New legislation of punishing false statements by witnesses would be efficient, but it will invite danger of violation of human rights to emphasize efficiency of investigation. In current Criminal Law, there is a proposition against obstruction of the performance of official duties by fraudulent as general statue. And current propositions against false accusation, destruction of evidence and offense harboring an offender can be applicable.

목차

Ⅰ. 서 론

Ⅱ. 사법방해죄의 도입에 관한 논의

Ⅲ. 현행법상 관련규정의 해석론과 판례

Ⅳ. 현행법의 해석론을 통한 사법방해행위 규율

Ⅴ. 결 론

참고문헌

Abstract

키워드

사법방해 허위진술 증거인멸 무고 위증 Obstruction of Justice False statement obstruction of the performance of governmental affairs false accusation destruction of evidence