교통사고처리특례법 제4조 제1항의 위헌결정에 대한 형사정책적 검토

• 영문명: The Criminalpolitic Study on the Unconstitutional Judicial Decision on The Article 4 Clause l of “Act on Special Cases Concerning the Settlement of Traffic Accidents”
• 발행기관: 한국형사판례연구회
• 저자명: 오경식(Oh, Kyung Sik)
• 간행물 정보: 『형사판례연구』형사판례연구 제18권, 579~612쪽, 전체 34쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.06.30

영문 초록

The ruling that declared the restriction of right of arraignment according to exemption law is unconstitutional in case of grieve bodily harm regardless of light/heavy negligence poses several problems. This is especially the case in heavy negligence, but it is in overall problematic in execution levels if negligence is not considered. Even though heavy negligence is not seen as a weighing factor of professional negligence and instead either is seen as a weighing factor of normal negligence in criminal law, the ruling completely ignores this. It is also problematic in that heavy negligence is not a solid concept and leaves much to the judgement of the jury. In addition, the fact that decision of heavy negligence depends on doctor s opinion is also a problem. The unconstitutional declaration saw the exemption law as a violation of the equality rights, but it actually helps the people s convenience by speeding up the process of compensation, and the differentiation of death and heavy negligence is according to their inherent differences. The exemption law serves its purpose by transferring the loss of property of victims to the car insurance and preventing the mass production of ex-convicts.

목차

Ⅰ. 서언

Ⅱ. 교통사고의 특성에 따른 입법정책

Ⅲ. 업무상 과실행위와 교통사고

Ⅳ. 특례법의 입법취지에 비추어본 법리적 쟁점

Ⅴ. 특례법의 내용과 관련된 합헌적 근거

Ⅵ. 업무상과실 중과실의 형법적 평가

Ⅶ. 결론

키워드

교통사고특례법 제4 조 제1항 중상해죄 비범죄화 반의사불벌죄 처벌특례 Clause a of “Act on Special Cases Concerning the Settlement of Traffic Accidents” Grieve bodily harm Anti Crime Heavy negligence