운동경기중 발생한 상해와 형사책임

• 영문명: Criminal Liability with Regard to Injury during a Sports Game
• 발행기관: 한국형사판례연구회
• 저자명: 김우진(Kim, Woo Jin)
• 간행물 정보: 『형사판례연구』형사판례연구 제18권, 39~83쪽, 전체 45쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.06.30

영문 초록

In case of injury during a sports game, to punish the offender without exception might lead to withering of sports activities,whereas to get the offender exempted on the mere ground that injury occurred in the course of a sports game might cause plummeting of either legal stability or law-abiding spirit. So, it is vital to draw a bright line between criminal liability and moral obligation with regard to injury during a sports game. Scholars suggest the theory of victim s consent, the theory of tolerated danger, the theory of social reasonableness or the theory of non-legal issue as sources of justification to limit criminal liability. Each theory has its own merits and demerits. In order to punish the offender who inflicted injury by negligence during a sports game, general requirements of infliction of injury by negligence occurrence of injury, ― causal relationship between offender s act and injury, breach of objective duty of care,etc.― should be met. Objective duty of care can be derived from statutes, past practices, social norm, logic, empirical rule or court decisions. In a sports game however, rules of the game may be the most important source of objective duty of care. As rules of the game enumerate matters that require attention in the entire course of a sports game,player s act against these rules can be treated breach of objective.

목차

Ⅰ. 문제의 제기

Ⅱ. 운동경기 중 발생한 상해와 형사책임의 한계

키워드

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