Earticle

초록

영어

The criminal code of South Korea and Japan has specified the crime in which a fixed social position relation affects criminal enactment and the gravity of criminal punishment under a cover called complicity and a status, respectively.
The 1st clause of Japanese Article 65 of a criminal code “It is specified "When the criminal act constituted by a criminal's status is processed, a person without a status also makes it complicity", and is specified "When there is a gravity of punishment especially by a status, it burdens a person without a status with the usual punishment" in the 2nd clause again,
respectively. Of the accepted theory about this regulation, the 1st clause is concluded that the joint action of genuine status was specified, and the 2nd clause is concluded that it is formal distinction of having specified the individual action of a false status.
However, the view of such accepted theory is criticized at various angles. In Japan was the question on an interpretation to state and to interpret Article 65 of a criminal code systematically between the 1st clause and the 2nd clause, and Although various theories to the present have been developed, no theories asserted until now can present appropriate solution. Therefore
argument must be faithfully realized rather than this. From such views, because it is discussed from the unnecessary theory, the deletion theory, and the trifling examination to this, an investigation is required about the regulation to complicity and a status of Japan.
It is a well-known fact that the argument about such complicity and a status is the portion currently most actively discussed of the argument about a complicity theory in the interpretation and application on the South Koreancriminal code. I hope this paper to be considered the interpretation and application about the complicity on a Japanese criminal code, regulation of a status now and re-illuminating the argument about complicity and status in the South Korean
criminal code on a basis.

목차

I. 序論
 Ⅱ. 日本刑法上 身分의 意義와 第65條 解釋論上의 問題點
  1. 身分의 意義
  2. 第65條의 解釋論
 Ⅲ. 學說의 槪觀
  1. 第1說
  2. 第2說
  3. 第3說
  4. 第4說
 Ⅳ. 各 學說에 대한 論據의 檢討
 V. 結 論
 참고문헌
 ABSTRACT

키워드

저자

• 홍태석 [ Hong, Tae-Seok | 일본 도시샤(同志社)대학대학원 법학연구과 박사후기과정수료 ․ 법학박사. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340