업무방해죄의 법적 성질과 결과발생의 요부

• 영문명: The Result of Interference with Business
• 발행기관: 한국형사판례연구회
• 저자명: 김태명(TAEMYEONG KIM)
• 간행물 정보: 『형사판례연구』형사판례연구 제18권, 111~145쪽, 전체 35쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.06.30

영문 초록

Though the article 314(Interference with Business) of Korean Criminal Code 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 it in judicial trials. To prohibit the excessive application overpunishment by the judiciary authorities, 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. 침해범 · 위험범의 구분과 업무방해죄의 법적 성격

Ⅲ. 원심판결 및 대법원판결에 대한 비판

키워드

업무방해죄 위험범 침해범 위계 위력 Interference with Business endangering crime infringement crime,fraudulent means threat of force