Earticle

초록

영어

False statements by witnesses are widespread at the stage of criminal investigation in Korea. The Supreme Court held that a false statement before a investigatory agent did not fall within the fraudulent obstruction of the performance of governmental affairs(section 137 in Criminal Act). And there is no parallel statues to §242.1 of the Model Penal Code of U.S.A. So, Someone insisted that the witnesse(at the stage of criminal investigation) have been granted an unlimited freedom to lie in effect. It has been proposed that new proposition to define and punish the misdemeanor of obstructing the administration of law or other governmental function is needed. But, I cannot easily accept the suggestion. The reasons are as follows. First, we cannot say that the witness has same burden to find out the real truth of an affair as like prosecutor. Second, New legislation of punishing false statements by witnesses would be efficient, but it will invite danger of violation of human rights to emphasize efficiency of investigation. In current Criminal Law, there is a proposition against obstruction of the performance of official duties by fraudulent as general statue. And current propositions against false accusation, destruction of evidence and offense harboring an offender can be applicable.

목차

Ⅰ. 서 론
 Ⅱ. 사법방해죄의 도입에 관한 논의
  1. 도입배경
  2. 사법방해죄 도입찬반론
 Ⅲ. 현행법상 관련규정의 해석론과 판례
  1. 위증죄
  2. 범인도피죄
  3. 위계에 의한 공무집행방해죄
  4. 무고죄
 Ⅳ. 현행법의 해석론을 통한 사법방해행위 규율
  1. 사법방해행위의 보호법익
  2. 사법방해죄 등의 입법논의 검토
  3. 해석론을 통한 해결방안
 Ⅴ. 결 론
 참 고 문 헌
 

키워드

저자

• 황만성 [ Hwang, Man-Seong | 원광대학교 법학전문대학원 교수, 법학박사. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340