Earticle

초록

영어

The purpose of this study is to find out the limit of self defense and the solution of competition. It is impossible for us to admit self defense without limit in actuality of criminal law if we take adequate notice of the benefit and protection of the law, the principle of propriety, and the principle of present. Taking this opportunity of this problems, went deep into the study of competition of justifications and security of effectiveness about self help in the criminal law of Korea. The results show that as follow: Firstly, the question of whether or not to admit self defense, is determined by the special feature by means of advance emergency act. It is impossible to shirk one's criminal responsibility about a revenge act. Secondly, we must not only know the difference between self defense and self help in the criminal justifications, but also judge by the standard under a special feature of the mutual supplementation which overcome weakness. This study shows how we will decide a standard of justifications between self defense and self help. Thirdly, we have to make full use of the self help by justification in a judicial precedent, because the self help is a fort which protect a claim, especially property right, from violation.

목차

Ⅰ. 서론
  1. 정당방위의 위상
  2. 연구의 목적 및 범위
 Ⅱ. 정당방위의 몇 가지 문제점
  1. 보호법익의 범위의 문제
  2. 상당성의 문제
  3. 현재성의 문제
 Ⅲ. 형법 제23조 자구행위의 중요성
  1. 기본적 사상
  2. 체계내의 위치와 정당방위와의 경합
  3. 자구행위의 독자성
 Ⅳ. 결론
 참고문헌
 논문초록

키워드

정당방위 자구행위 위법성조각사유 경합 청구권 재산권 Self defense Self help. Justification Competition Claim Property right

저자

• 임석원 [ Lim, Seok-Won | 부경대학교 수산과학대학 해양생산시스템관리학부 해양경찰학전공 조교수, 법학박사 ]

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