중립적 행위에 의한 방조에 관한 연구-방조범의 성립범위와 관련하여

Abstract

Since the abuse of criminalizing is generally act to limit the freedom criminal law requires strict determine in application, analysis. However, the provisions of the Penal Code is abstract and general. Criminal accomplice of the Requirements for the composition of crime is also true. According to Article 32 Criminal Code of others who helped the criminal accomplice in crime and punishment and provides that mitigating its type. Does not specify the specific information about the type of crime or the means to help. Therefore, whether or not the person to be subject to the penalty according to the interpretation of the aiding action will be determined. Actions to assist the principal offender is a crime-free concept is not limited to color, form and the way that it is very broad. According to the established limits to the scope of the concept criminal accomplice theorem is a very important reason. Typically, the position of Supreme Court doctrine and direct, it's possible to type or action by the indirect and intangible, and set its concept widely. Can be said that among the ambiguous position, and to discuss the possibility of punishment for assistance by a neutral act. Illegal is a criminal accomplice should be identified in relation to criminal accomplice. In addition, the judgment of the illegal act illegal act of the principal offender and accomplice shall be reviewed separately. Assessment of the principal offender and accomplices illegally would be illegal in the accomplices should not forget that it is because of the different independent existence and also illegal if the principal offender. Therefore, causal relationships between actions and outcomes of assisted principal offender is identified by the relevancy of dependently and Enforcement Act of vertices, and the objective attribution of criminal accomplice will be identified separately. With respect to the problem of so-called assisted by a neutral act to do the debate over the need for a specific type of review is already sufficient. That can be called a representative case, grokster, Soribada, Winny rapidly changing events in addition to think that we are facing a modern environment as a type that can be a problem in the neutral assisted living in the digital age presents clear criteria. The country's distinctive theory with a prime example of the country revealed even review also saw part of the setting of limits in aiding and criminal liability due to actions by looking at neutral. Limit the freedom of the everyday economic activities, as discussed earlier, and inhibit technology neutral, and if the stability of the job to the infringement and that the punishment for aiding the employee by a neutral act, it will be difficult to be recognized for its social relevance. Therefore, in case of criminal accomplice by a neutral act and think it should be limited to the possibility of punishment a little more stringent requirements than the established requirements of the general criminal accomplice. No easy task to put a value that can be a double-edged sword balancing between conflicting do not think he is. But the problem of aiding behavior is determined by the neutral-depth review of harmony between the two values is called more needed areas. Finally, to find a solution on the general principles concerning criminal accomplice punished by a neutral act of criminal responsibility in criminal accomplice. But I think it would be presented to the limited basis of the new penalties range from specific issues and quantitative determine embodied through the act of aiding.