법익개념의 변화와 새로운 범죄유형의 필요성

• 영문명: Necessity of new Type of Crime according to the changing Concept of legal Interest
• 발행기관: 한국형사정책학회
• 저자명: 김동률(Kim, Dong-Lyoul)
• 간행물 정보: 『형사정책』刑事政策 第26卷 第1號, 191~217쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2014.04.30

영문 초록

As society becomes more complex and diversified, the concept of Rechtsgut is gradually turning into a concept without legal clarity and normative bite; the focus of discussions on the Rechtsgutslehre is shifting from individual Rechtsgut to universal Rechtsgut. The increasing importance of universal Rechtsgut has led to an increase in the number of dualistic views that universal Rechtsgut does not derive from individual Rechtsgut, but is actually a completely separate and independent Rechtsgut. Moreover, these views have led to arguments that a new and still less normative third type of Rechtsgut that cannot be defined as universal Rechtsgut exists. The concept of Rechtsgut is so elastic that it justifies the criminalization of any conduct and results in changes in the types of crimes. As traditional types of crimes are not appropriate for the gradually dematerializing and spiritualizing protection of universal Rechtsgut, there are arguments that it is necessary to create new types of crimes that are suitable for the protection of universal Rechtsgut. Among the numerous crimes related to universal Rechtsgut, are the most serious crimes of international concern resulting from systematic and widespread acts and a single act of omission or commission cannot cause these crimes. Some scholars focus on the existence of this cumulative factor and try to replace or supplement the abstract endangering offense that has been used mostly to protect universal Rechtsgut with the concept of cumulative crimes. However, the concept of cumulative crimes is still at the developmental stage, and thus it is too early to acknowledge it as a type of crime for the protection of universal Rechtsgut. However, it is necessary to implement regulations on such a cumulative factor in the area of core crimes related to the environment, which is the foundation of life for the nation.

목차

Ⅰ. 들어가는 말

Ⅱ. 형법상 법익개념의 재조명

Ⅲ. 보편적 법익의 확대에 따른 법익론의 변화

Ⅳ. 법익개념의 변화에 따른 새로운 범죄유형의 필요성

Ⅴ. 나가는 말

참고문헌

Abstract

키워드

보편적 법익 누적적 범죄 관념화된 중간법익론 인격적 법익론 추상적 위험범 legal interest cumulative crime theory of spiritualized between-legal interest personal legal interest theory abstract endangering crime