법률적 무효와 이미 존재했던 사실상태의 형법적 취급

• 영문명: NullificationandtheFactalready existedinCriminalTheory
• 발행기관: 한국형사판례연구회
• 저자명: 이근우(Lee, Keun-Woo)
• 간행물 정보: 『형사판례연구』형사판례연구 제23권, 1~54쪽, 전체 54쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2015.06.30

영문 초록

This article deals with the meaning of the Nullification in criminal perspective, if existed legal status is a criminal requirement in spite of the legal annulment by the Court. Interestingly Korean Supreme Court ruled conflict judgments in two months. The judgment on March, 2014, even employed as a civil servant is invalid, when this person who act as a civil servant receiving bribes out the conclusion that those on bribery. However, the judgment on May, 2014, the same court makes the decision that if the local government’s admission of corporation establishment is nullified then the state of officers of that corporation always nullify. So these once officers of the corporation is not the subject of punishment. Even though all the two judgments already seen the legal relationship existed invalid, but the judgment on March focused on the fact that the visible on the outside and the existed status. On the other hand, the latter’s decision seems to have decided that the effects of the legal invalidity and it is more important. This article will be analyzed in terms of the latter’s decision to criticize the majority opinion of the Supreme Court, with doubts of whether ‘invalidity’ means ‘not really exist’ and the remains of the real world is really meaningless in criminal perspective.

목차

[대상판례] 대법원 2014. 5. 22. 선고 2012도7190 전원합의체 판결(도시및주거환경정비법위반)

Ⅰ. 쟁점의 정리

Ⅱ. 쟁점의 검토

Ⅲ. 맺으며

키워드

무효 사실상태 신분범 의무범 행정형벌 Nullification State of fact Sonderdelikt Pflichtdelikt Verwaltungsstrafrecht