부진정부작위범에 있어서 위험발생 요건의 연혁적 해석

• 영문명: The systematic interpretation on the constituent factor of the occurrence of danger in Korean Criminal Act §18
• 발행기관: 한국형사정책학회
• 저자명: 조인현(Cho, In-Hyun)
• 간행물 정보: 『형사정책』刑事政策 第28卷 第3號, 385~417쪽, 전체 33쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2016.12.30

영문 초록

The Crimes committed through Omission are regulated in Korean Criminal Act and the article 18 is as follows : When a person who, having a duty to prevent the occurrence of danger, or having caused the occurrence of danger, does not prevent the occurrence of danger, that person shall be punished in accordance with the results of such danger. In 2015 an fatal marine accident of the ship - Sewol was occurred. Thereafter the declaration of our Supreme Court has been made for seafarer s criminal responsibility and the opinions of the Court were dissented between majority and minority. Most of the defendants pertaining in this thesis were sentenced guilty. While the captain of the ship - Sewol committed murders by omission was sentenced as murderer, then the chief mate and the second mate of the ship - Sewol have been acquitted. The responsibility was based reasonably on the principle of nulla poena sine lege. Thus the defendants duty to act is grounded on the regulations as such the Aggravated Punishment Act, the Rescue and Aid at sea and in the river act, and Seafarers ACT. In this article historical interpretation method was tried and the grounds of judicial decisions were studied. Thus it resulted in the validity of majority opinion s of the Court s decision which is applying the criminal regulations .in respect of the principle of no crime without a law.

목차

[대상사건 판례] : 2015.11.12,2015도6809 대법원전원합의체 판결,공2015하, 1915

Ⅰ. 판례의 의의와 쟁점에 관하여

Ⅱ. 대법원 판결논지에 나타난 기술적 의미의 변화

Ⅲ. 부진정부작위범 구성요건의 연혁적, 체계적 해석론

Ⅳ. 맺는 글

키워드

부작위범 부진정부작위범 보증인의무 대법원전원합의판결 위험발생 연혁적 체계적 해석론 Omission Korean Criminal Act the occurrence of danger the principle of nulla poena sine lege the opinions of the Court