Part 1: Significance, Limitations, and Application of Criminal Law
Part 1: Criminal Law and the Limiting Principles of Criminal Law
Chapter 1: The Significance and Tasks of Criminal Law

Section 1. Concept of Criminal Law 5
Ⅰ.
The Relationship Between Crime and Punishment 5
1.
Criminal Law and Criminal Law 5
2.
Internal Changes in the Criminal Legal System 6
3.
The Modern Status of Various Sanctions and Criminal Law 8
Ⅱ.
10 Examples of the Use of the Name Criminal Law
1.
Criminal law in the formal sense and criminal law in the substantive sense 10
2.
Substantive and Procedural Criminal Law 12
3.
Criminal law in a narrow sense and criminal law in a broad sense 13
Section 2: History of Korean Criminal Law 14
Ⅰ.
The Age of Chinese Law Influence 14
1.
Ancient State Period 14
2.
Gyeongguk Daejeon 14 of the Joseon Dynasty
3.
The Transitional Era of the Criminal Code 14
Ⅱ.
The Influence of Japanese and German Laws - European Law Coefficient 16
1.
The 16th era of Japanese criminal law application
2.
The Enactment and Identity of Korean Criminal Law 16
Ⅲ.
Characteristics of Korean Criminal Law and the History of Criminal Law Revision 17

― ―
1.
Characteristics of Korean Criminal Law 17
2.
The Ministry of Justice's Attempts and Failures to Completely Revision the Criminal Code 18
3.
Status of Partial Revision of the Criminal Code 19
Section 3: Tasks of Criminal Law 19
Ⅰ.
Protective Tasks of Criminal Law 19
1.
Legal Interest Protection Task 19
2.
Protection of Socially and Ethically Valuable 'Acts' 22
3.
Social Protection Tasks of Criminal Law 23
Ⅱ.
Criminal Law's Guaranteed Task 24
1.
Criminal Law's Freedom-Guaranteeing Task 24
2.
The Relationship Between Criminal Law and the Constitution: The Law on the Protection of Legal Interests vs. the Law on the Protection of Freedom 25
Ⅲ.
The Relationship Between Freedom-Guaranteeing and Legal Interest-Protection Tasks 25
1.
The Conflicting Aspects of Legal Protection and Freedom Guarantee 25
2.
Harmonizing Protective and Secure Tasks 26
Chapter 2: Constitutional Limitations of Criminal Law

Section 1. Formal Limitations of Criminal Law: The Principle of Legality 28
Ⅰ.
The Significance and History of the Principle of Legality 28
1.
The Significance of the Principle of Legality 28
2.
The Ideological Background and History of the Principle of Legality 28
Ⅱ.
Theoretical Basis of the Principle of Legality? Legal Basis 29
1.
Theoretical Basis 29
2.
Legal basis 29
Ⅲ.
The Practical Significance of the Principle of Legality 30
1.
Constitutional Demands on Legislators and Lawmakers 30
2.
30 Demand for Control over the State's Power to Punish
Ⅳ.
30 Specific Contents of Realizing the Principle of Legality
1.
Principle of Written Law 31
2.
Clarity Principle 33
3.
Principle of Non-Inference 36
4.
Principle 45 of Non-Retroactivity
Section 2: Substantive Limitations of Criminal Law: The Principle of Proportionality 53
Ⅰ.
The significance of the principle of proportionality and the basis for justifying criminal law 53
1.
The Significance of the Principle of Proportionality 53
2.
The Foundations and Constitutional Basis of the Constitutional Justification of Criminal Law 54
3.
The Relationship Between the Principle of Proportionality and the Principle of Legality 54
Ⅱ.
The Practical Significance of the Principle of Proportionality 55
1.
Guideline 55 on the Imprisonment of Criminal Lawmakers
2.
Constitutional Interpretation Guidelines for Applicants of Criminal Law 56
Ⅲ.
Contents of the Principle of Proportionality 56
1.
Suitability Review 57
2.
Necessity (minimal intrusion) review 57
3.
Balanced Review 57
4.
Legitimacy of purpose 58


Part 2 Scope of Application of Criminal Law
Chapter 1 Temporal Scope of Application of Criminal Law

Ⅰ.
Act-Time Principle and the Principle of Non-Retroactivity 63
Ⅱ.
Exception to the Act-Time Principle 64
1.
The attitude of criminal law (allowing retroactive effect in favor of the perpetrator) 64
2.
Interpretation of Article 1, Paragraph 2 of the Criminal Act 64
3.
The problem of the reciprocal effect of the limited-time law and the scope of application of Article 1, Paragraph 2 of the Criminal Act 67
Ⅲ.
Special Provisions on the Execution of Sentences Article 70
1.
Application Requirement 70
2.
Effect 71
Ⅳ.
Amendment to the Blank Criminal Code and Supplementary Provisions? Abolition 71
1.
The Significance of the Blank Screen Act 71
2.
Amendments to Supplementary Regulations and Changes to Law 71
Chapter 2 Geographical Scope of Application of Criminal Law

Ⅰ.
The territorial scope of criminal law and the principles of international criminal law 73
1.
73. Geographical Scope of Criminal Law
2.
Principle 73 of International Criminal Law
Ⅱ.
Territorialism 74
1.
Area 74 of the Republic of Korea
2.
Determination of the crime scene (meaning of “committed a crime”) 76
Ⅲ.
Deception (Active Deception) 77
1.
The Meaning and Types of Deception 77
2.
Relationship with territorialism 78
Ⅳ.
Protectionism 79
1.
The Significance of Protectionism 79
2.
National Protectionism 80
3.
National protectionism (passive privatism) 80
V.
Globalism and Vicarious Punishment 81
1.
Globalism 81
2.
vicarious punishment 82
Ⅵ.
The effect of execution of sentences received abroad 83
Chapter 3 Personal Scope of Application of Criminal Law

Ⅰ.
Special provisions under domestic law 85
Ⅱ.
Special Exceptions to International Law 85


Part 2: Basic Knowledge of Crime and Criminology
Part 1: Crime Classification and Criminal System Theory
Chapter 1 Crime and Crime Classification

Section 1: The Meaning of Crime 91
Ⅰ.
Crimes at the Applicable Level and Crimes at the Legislative Level 91
1.
Formal and Substantive Concepts of Crime 91
2.
The Criminalization (and Punishment) Process and the Challenges of Criminal Law 91
Ⅱ.
The Substantive Content of Crime and the Essential Theory of Crime 92
1.
Criminal Legislation and the Substantive Content of Crime 92
2.
Relative Understanding of Crime and the Legislator's Task 96
Ⅲ.
Formal Concepts of Crime, Criminal Law Theory, and Criminal Practice 97
1.
The Formal Concept of Crime as a Starting Point 97
2.
Discovery of the Law and the Law of Crime 98
3.
Quasi-Formal Crime Concepts and the Criminal Law System of Socialist States 100
Section 2 (Formal Sense) Classification of 'Crime' 101
Ⅰ.
Criteria for Classifying Crimes in the Rules 101
1.
Compilation of Criminal Law Provisions 101
2.
Classification of crimes according to the elements of each rule 101
Ⅱ.
104. Classification of Crimes According to the Standards of the General Provisions
1.
Crimes of commission and omission 104
2.
Intentional crimes, negligent crimes, and consequential aggravated crimes 104
3.
Attempted and Convicted Criminals 105
4.
Solo offenders and accomplices 105
Chapter 2: General Elements of Crime and Criminal System Theory

Section 1 Criminal Law and General Elements of Crime 107
Ⅰ.
Elements of Crime and the Concept of Crime 107
1.
Analysis and Synthesis of the Prerequisites for Punishment 107
2.
Systematic Understanding of the General Provisions of the Criminal Code and General Elements of Crime 107
3.
German Concept of Crime and General Elements of Crime 109
Ⅱ.
Prerequisites for Punishment in Korean Criminal Law and the Reuse of German Criminal Law Dogmatics 110
1.
110. Reorganization of the General Provisions of the Korean Criminal Code Using the Concept of Crime in German Criminal Law
2.
Criminal System and Criminal Elements Examination Method 112
Section 2: General Elements of Crime and the Development of Criminal System Theory (☆) 115
Ⅰ.
General Elements of Crime and the Classical Theory of Attribution 115
1.
The Meaning of Attribution and Classical Attribution Theory 115
2.
The Two Stages of Attribution and Classical Criminological Theory 116
Ⅱ.
The Development of Criminal Systems Theory: An Overview of the Theoretical Development of German Criminal Law 117
1.
Classical Criminal System 117
2.
Neoclassical criminal system 119
3.
Purposeful Criminal System 120
4.
Unified criminal system 123
5.
Other Criminal Systems and Their Theoretical Basis 125
6.
Sintering 127
Ⅲ.
Theories on the Concept of Crime in Each Country 128
1.
The Concept of Crime in French Criminal Law 128
2.
Anglo-American Concepts of Crime 128
3.
The concept of crime in relation to the socialist state system 129
Ⅳ.
Criminal System Theory in Korean Criminal Law Theory and Criminal Practice 130
1.
Attitudes toward Criminal Law Theory 130
2.
Supreme Court Position 131
3.
Conclusion 133
Chapter 3: Development of Criminal System Theory and Legal Discovery Methodology

Section 1: Changes in Approaches to Criminal Legal Concepts 137
Ⅰ.
The Development of Criminal Systems Theory and the Sub-Elements of Crime 137
1.
Ontological criminal system → Teleological criminal system 137
2.
Changes in Approaches to Sub-Elements of Crime 138
Ⅱ.
Traditional Dogmas and Their Cracks Regarding the Relationship Between "Crime" and "Punishment" 138
1.
Traditional Dogma 138
2.
Attempt to Crack Traditional Dogma (☆) 139
Ⅲ.
Changes in Approaches to the Concept of Responsibility and Criminal Law 141
1.
Challenges to Preventive Responsibility Theory and Responses to Traditional Responsibility Theory 141
2.
Changes in Approaches to the Concept of Responsibility and Their Dogmatic Significance in Criminal Law 143
Section 2: Development of Legal Methodology and Legal Discovery Methodology 145
Ⅰ.
Understanding 'Law' and Changing the Paradigm of 'Jurisprudence' 146
1.
Two Paradigms for Understanding Law 146
2.
Convergence of Two Extreme Paradigms 147
Ⅱ.
Overview of Post-Generation Law and Post-Generation Legal Discovery Methods 148
1.
The Significance of Postnatal Law 148
2.
The Methodology of Legal Discovery in Post-Social Studies 149
3.
The Concept of 'Law' in Post-Social Studies 150
4.
External Conditions and Legislation of Post-Generational Law 151
Section 3: Methods of Legal Discovery and Interpretation of Sub-Elements (Concepts) of the Criminal System 152
Ⅰ.
Changes in legal discovery methods and sub-elements (concepts) of the elements of crime 152
1.
The evolution from a naturalistic ontological approach to a normative-evaluative approach 152
2.
Challenges of 21st-Century Criminal Law Theory and Criminal Practice 153
Ⅱ.
The Multilayer Structure of the Criminal System and the Internal System 154
1.
Criminal System 154 of this book
2.
The Multilayered Structure of the Internal System of Crime 156
Ⅲ.
Changes in the Method of Examining the Establishment of a Crime 158
1.
Method of examining whether a crime has been committed under traditional methods 158
2.
Method of Examining the Establishment of a Crime under the Post-Corruption Law 158
3.
The significance of examining the elements of a crime according to the post-criminal legal discovery method 159
Section 4: The Modern Significance of the Criminal System Theory 160
Ⅰ.
Common Interests in Criminal Law Theory and Criminal Practice 160
1.
The contribution of theoretical studies that provided a review scheme for criminal practice and 160 realistic review subjects
2.
The Role of Dogmatic Superordinate Concepts 161
Ⅱ.
Task 162 of Criminal Law Dogmatics
1.
The Significance of Criminal Law Dogmatics (Criminal Law Theory) 162
2.
The Function and Role of Practical Criminal Law Dogmatics 162
Ⅲ.
Criminal Systems Theory Contributing to Criminal Practice 164
1.
164 Use of the examination diagram to determine whether a crime has been committed
2.
Purposefulness, economy of thought, and equal application of law 165
3.
A repository of criminal legal knowledge 165
4.
Reconstruction of concepts and construction of supplementary legal principles 165
Ⅳ.
Usefulness in Criminal Legislation 166
1.
A Guide and Compass for Criminal Lawmakers 166
2.
Maintaining the Systematic Consistency of Criminal Legislation 166
V.
Department of Criminal Law Theory and Legal Education 167
1.
Foundations for Creative Legal Arguments in Criminal Practice 167
2.
The Path to Becoming a Legal Expert 168
Ⅵ.
Preview of the Use of Criminal Law Knowledge Based on the Criminal System 169
1.
Determination of conformity to the constituent elements 169
2.
Decision on illegality 170
3.
Judgment of Responsibility 171
4.
Boron 171
Chapter 4 Conditions for Punishment and Prosecution of Crimes

Section 1 Necessary and Sufficient Conditions for Imposing Penalties 173
Section 2. Conditions for Punishment and Prosecution of Crimes 173
Ⅰ.
Punishment conditions for crimes 173
1.
Meaning 173
2.
Types of Punishment Conditions 173
Ⅱ.
Conditions for Prosecution of Crime 174
1.
Meaning 174
2.
Types of Prosecution Conditions 175
Section 3: Practical Distinction from the Elements of a Crime 177
Ⅰ.
Types of Trials 177
Ⅱ.
Presence or absence of criminal compensation claim 178
Ⅲ.
Differences in legal effect 178


Part 2: Basic Elements of Crime
Chapter 1: Concept of Action and Theory of Action

Section 1: Systematic Status of the Concept of Act in Criminal Law 181
Ⅰ.
The Meaning of the Provisions of Criminal Law and the Concept of Act 181
Ⅱ.
The Systematic Status of the Concept of Action 181
1.
The theory of the denial of the concept of 'pre-constitutive' acts 181
2.
The positive theory of the concept of 'pre-constitutive' acts 182
3.
Conclusion 182
Ⅲ.
Function of the Concept of Act in Criminal Law 183
1.
Function as a binding element 183
2.
Function as a fundamental element 183
3.
Function as a limiting factor 183
Section 2: Theories Concerning the Concept of Act in Criminal Law 183
Ⅰ.
Causal Action Theory 184
1.
Concept of Action 184
2.
Evaluation and Criticism 184
Ⅱ.
Purposive Action Theory 185
1.
Concept of Action 185
2.
Evaluation and Criticism 185
Ⅲ.
Social Action Theory 186
1.
Concept of Action 186
2.
Evaluation and Criticism 186
Ⅳ.
Other theories of action (personal action theory, passive action theory) 187
V.
Attitude of Case Law 187
Ⅵ.
Conclusion 188
1.
Distinction between social and legal significance 188
2.
Strengths and Limitations of Social Action Theory 188
Section 3: Changes in Approaches to the Concept of Action and Their Practical Significance 189
Ⅰ.
The Advancement of Normative and Evaluative Approaches 189
Ⅱ.
Distinction between action and inaction 190
1.
Minimum conditions for criminal acts 190
2.
Representative examples of non-compliance under criminal law 191
Ⅲ.
Examination of the Requirement of Conduct in the Examination of the Elements of a Crime 193
1.
Criminal Cases and the Problem of Conduct 193
2.
Point of Judgment of Actuality 193
Ⅳ.
The Impact of the Debate Surrounding the Concept of Act on Criminal Systems Theory 194
1.
Causal Action Theory and the Classical Criminal System 194
2.
Purposive Action Theory and Purposive Criminal Systems 194
3.
Social Behavior Theory and the Unified Criminal System 194
V.
The Influence of Criminal Law Theory on Interpretation and Legislation (☆) 195
1.
Interpretation and Legislation Surrounding the Actuality of Corporations 195
2.
The Challenges of Behavioral Theory, Interpretation Theory, and Legislative Theory in the Era of the Fourth Industrial Revolution 195
Chapter 2 Subject of the Act and Criminal Capacity of the Corporation

Section 1. Criminal Capacity of Corporations under the Current Legal System 197
Ⅰ.
The significance of a corporation's criminal capacity under the 'criminal law system' 197
1.
Criminal Capacity and the Elements of Crime under Criminal Law 197
2.
The possibility of a corporation meeting the requirements for a crime and its criminal capacity 198
Ⅱ.
Discussion on whether a corporation has criminal capacity 198
1.
The Attitude of Doctrine 198
2.
Attitude of Case Law 199
3.
Sintering 200
Ⅲ.
Harmonization of the Criminal Code System and the Penal Code System 201
1.
Coexistence of Dual Systems 201
2.
The Legal Capacity of Corporations in the Penal Code: A Normative-Evaluative Approach to Criminal Law Concepts 202
Section 2 Requirements for Recognizing Criminal Liability of Corporations under the Dual Penalty System 204
Ⅰ.
The Normative Concept of the Double Penalty Regulation 204
1.
The significance of the double penalty provisions 204
2.
The Relationship Between Article 8 of the Criminal Act and the Dual Punishment Provisions 204
3.
The attributive nature of the double-penalty provision 205
Ⅱ.
Types of Penalty Regulations and the Basis of Punishment 206
1.
Standardization of various types of beekeeping regulations 206
2.
The Fading of Previous Discussions on the Grounds for Punishing Corporations and New Interpretations 207
Ⅲ.
Interpretation of the Penalty Regulations and Requirements for Imposing Penalties on Corporations (Conditions of Attribution) 210
1.
Case Study: Type 210 of Violations by Representatives
2.
Case Study of Application of Provisions: Type 212 of Violations by Employees, etc.
3.
Summary of Corporate Criminal Liability and Conditions of Attribution 215
Ⅳ.
The concept of attribution and legal nature of the double-penalty provision (☆) 216
1.
Dependent Attribution Concept (Dependent Model) 216
2.
Legal personality 217
V.
218. Subjects and scope of application of the double penalty provisions
1.
218 Executors of the Double Penalty Regulations
2.
Dual Penalty Regulations and Punishment of Offenders: 220 Cases of "Reverse Application" of Dual Penalty Regulations
3.
Possibility of criminal punishment for the merged corporation 223
Ⅵ.
Defects in the provisions on confiscation and penalties for corporations 223


Part 3 General Elements of Crime I: Theory of Elements
Chapter 1: Basic Theory of Composition Requirements

Section 1: Development of the Theory of Constituent Elements 227
Ⅰ.
Changes in the concept of constituent elements (☆) 227
1.
Shift from a procedural concept to a substantive concept 227
2.
Development from individual concepts to generalized concepts 228
Ⅱ.
Example 229 of the term "constituent element"
1.
Elements of the broadest sense, elements of the broad sense, elements of the narrow sense 229
2.
230 Elements of the General Provisions and Elements of the General Provisions
3.
Negative Elements of Crime Theory and Total Illegal Elements 231
Ⅲ.
The Relationship Between the Determination of Constituent Elements and the Determination of Illegality 232
1.
Problems with the Negative Element Labeling Theory 232
2.
The Independent Significance of Illegality Determination and the Validity of the Three-Stage Criminal System 233
3.
Criteria for Determining the 'Applicability' of Elements 233
Section 2 Overview of the Elements of the Elements of the Unlawful Act 234
Ⅰ.
Individual elements of the component 234
1.
Elements of the General Provisions and Elements of the Specific Provisions 234
2.
Classification of component elements 235
Chapter 2 Objective Elements

Section 1 Constitutive Results 239
Ⅰ.
Distinction between attempted and actual crimes in the case of a resulting crime 239
Ⅱ.
The meaning of "result" in "result crime" and the reclassification of result crimes 239
1.
'Results' as infringements (or endangerments) of legal interests and resulting crimes 240
2.
The independent meaning of 'result' and the result crime 240
Ⅲ.
Legislative Form of the Intervention Period and Elements of Criminal Law 241
1.
Principled Legislative Forms and the Trend of "Pre-Criminalization" 241
2.
Elements of a Pre-Criminalization Form 241
Section 2: 'Acts' and 'Attribution' of Acts 242
Ⅰ.
The meaning of 'acts corresponding to the elements of the crime' 242
1.
Distinction between 'Result' and 'Action' 242
2.
Distinction from the preceding constituent act 243
Ⅱ.
Interpretational Issues Regarding "Acts Constituting Elements" 243
1.
Interpretation of the elements of each rule 243
2.
Theorizing the General Theory of Criminal Law: The Minimum Prerequisites Common to All Constituent Acts 244
Ⅲ.
Constitutive Act Theory and the (Objective) 'Attribution' of Objective Acts 244
1.
The Emergence of Objective Attribution Theory and a Shift in Methodology (☆) 244
2.
Two prerequisites for objective attribution to a constituent element: risk creation + risk realization 246
3.
Categorization of two different dimensions of objective attribution 247
Ⅳ.
Theories that deny the constitutive 'act attribution' 248
1.
The Significance of the Denial of Act Attribution Theory 248
2.
Acceptable Risk Theory 249
3.
Social Significance Theory 250
4.
Specific Cases and Objective Judgments of "Act Attribution" 254


Chapter 3: Causality and Attribution Theory

Section 1: The Meaning of Causality 257
Ⅰ.
The Meaning of Causality and Criminal Law Provisions 257
1.
The Meaning of Causality 257
2.
Criminal law provisions on causality unrelated to interpretation theory 257
Ⅱ.
Conventional theories for acknowledging causality 258
1.
Conditionalism 258
2.
Lawful Conditionalism 260
3.
Purpose Theory 261
Ⅲ.
Substantial causality theory 261
1.
Meaning 261
2.
The Supreme Court's theory of substantial causation 262
3.
The Supreme Court's method of judging reasonableness and its criteria for criminal law theory 265
4.
Problems and Limitations of the Supreme Court's Theory of Substantial Causality 266
Section 2: Objective Attribution Theory and "Result" Attribution 270
Ⅰ.
The Significance of Objective Attribution Theory 270
1.
Overview of Objective Attribution Theory 270
2.
Differences between the criteria and methods for judging 'result attribution' and the criteria and methods for judging 'sufficiency' 270
3.
Conceptual Distinction between Causality and Objective Attribution (Result Attribution) 271
Ⅱ.
Criteria for Judging the Results of Objective Attribution Theory 272
1.
Basic Case Type 272
2.
Case type 275 with an intermediate intervening variable
3.
283 Judgment on the Attribution of Consequences Unique to Negligence
Ⅲ.
The Validity of Objective Attribution Theory 287
1.
Standardization of Evaluation Criteria: Criteria for Judging Significance and Criteria for Judging Consequences 287
2.
Categorical Distinction between the Problem of Fact-Finding and the Problem of Evaluation 289
3.
Different problem horizons are distinguished by different terms 294
4.
Refinement of the dogmatics within the objective constituent system 294
5.
The Advantageous Position of the Objective Attribution Theory in the Interpretation of Article 17 of the Criminal Act 295
Chapter 4 (Subjective) Elements of an Intentional Crime

Section 1: Basic Theory of Intent 299
Ⅰ.
Criminal Law Provisions on Intent and the Nature of Intent 299
1.
Intentional and Negligence Offenders 299
2.
Article 13 of the Criminal Act and the Requirements for Recognition of Intent 300
3.
The Essence of Intention 300
Ⅱ.
Distinction between Intent and Negligence 301
1.
Distinction between Intention and Negligence: Actual Benefit 301
2.
The Nature of Intent and the Distinction Between Intent and Negligence 302
Ⅲ.
Level of awareness of intention 307
1.
Perception Level 307
2.
Distinction between the perception of possibility and the possibility of knowing 309
3.
309 Consciousness of the Natural Mind
Ⅳ.
Intentional object of awareness 310
1.
Variables Affecting the Object of Intentional Recognition 310
2.
The status of intention in the criminal system and the object of recognition of intention 310
3.
Conclusion: Objective constitutive facts that constitute the subject of intentional recognition 311
4.
The form of awareness required for the recognition of intent 313
V.
The point of existence of intent 316
Ⅵ.
Special Case Type 316 Where Intent Is an Issue
1.
Case 316: Intentional Selection Issues
2.
Case 318: Intentionality at Issue
Section 2: Legal Doctrines and Subjective Attribution Regarding "Recognition" of Intention 318
Ⅰ.
Criminal law's attitude toward whether intent is recognized 318
1.
Principled Attitude 319
2.
Exceptional Legal Doctrine: Attribution of Intention 319
Ⅱ.
Cases of Elementary Error and Intentional Attribution 321
1.
The Significance of Elementary Error and the Theory of Intentional Attribution 321
2.
The concept of constitutive error and the concept of distinction 322
3.
Theories on the Degree of Conformity and Elementary Errors 324
4.
330 Cases of Constitutive Errors Unrelated to the Application of the Theory of Conformity
Ⅲ.
Cases of Causal Mistakes and Intentional Attribution 333
1.
The Significance of the Fallacy of Causality 333
2.
Distinction Concept 333
3.
Solution 334
Ⅳ.
Cases where the actor's perception and the timing of the outcome do not match and intentional attribution 336
1.
Significance and Case Type 336
2.
Cases where the occurrence of the result was delayed (so-called general intentional cases) 337
3.
Case 340 where the outcome occurred earlier
V.
Other cases of intentional attribution recognized in practice 341
1.
Case 341 of Intentional Attribution Based on the Presence or Absence of "Justifiable Reason"
2.
Case 342 of intentional attribution using the same normative standards as in the case of recognition of negligence
3.
Case 343 of Intentional Attribution Based on Comprehensive Judgment Method
Section 3 Special Subjective Elements: Supersubjective Elements 344
Ⅰ.
The significance of special subjective components 344
1.
Meaning 344
2.
Realization of objective elements corresponding to the excess subjective component elements 345
Ⅱ.
Type 345
1.
Purpose of the target criminal 345
2.
Expression of the expression criminal 348
3.
Tendency of the Tendency 349
4.
Intention to illegally obtain (profit) from property crimes 349
Chapter 5 Requirements for Establishing a Negligence Crime

Section 1: Basic Theory of Negligence 350
Ⅰ.
The Criminal Significance and Function of Negligence Liability 350
1.
350 Reasons Why Criminal Law Recognizes Negligence Liability in addition to Intentional Liability
2.
The level of normative expectation for recognizing negligence 351
3.
The Social Function of Negligence and the Significance of the "Cautionary Norm" 352
Ⅱ.
Development of Criminal Law Theory Regarding the Elements of Negligent Crime (☆) 353
1.
Negligence as a Element of Responsibility in the Classical Criminal System 353
2.
Systematic changes in the status of fruits 354
3.
The Negligence System and the (Re)subjectivization of Negligence in Modern Criminal Law Theory 355
Section 2: Interpretation of Article 14 of the Criminal Act and the Nature of Negligence 357
Ⅰ.
Article 14 of the Criminal Act, Requirements for Recognition of Negligence, Section 357
1.
Article 14 and the Two Elements of Negligence 357
2.
Interpretation of the first part of Article 14: Criteria for determining whether there has been a breach of duty of care (362)
Ⅱ.
The Essential Theory of the Concept of Negligence and the Systematic Status of Breach of the Objective Duty of Care 369
1.
The significance of the theory of the essential nature of fruit 369
2.
Systematic Status of Breach of Objective Duty of Care 373
Ⅲ.
The Negligent Offender System (This Book's Position) 375
Section 3 Elements of a Negligence Crime 377
Ⅰ.
Objective Elements of Negligence 377
1.
The occurrence of results, natural scientific factual causality 377
2.
Breach of objective duty of care 377
3.
Causal Relationships in Causal Processes 388
4.
Causal Relationship between Breach of Duty of Care and Consequences (Attribution of Consequences: Possibility of Avoiding Consequences) 390
Ⅱ.
Subjective Elements of Negligence 397
1.
The Subjective Aspect of the Act: Subjective Negligence 397
2.
398. The timing of the judgment of negligence and negligence
3.
Types (Forms) of Subjective Negligence 399
Section 4. Reasons for excluding the crime of negligence 401
Ⅰ.
Reason for illegality 401
Ⅱ.
Reasons for exemption from liability for negligent crime 402
1.
Negligence free from cause 402
2.
Systematic Status of Subjective Negligence of Negligent Offenders 402
3.
Mistake of illegality 402
4.
The impossibility of expectation as a ground for exemption from extralegal liability 403
Section 5 Attempted Negligence 403
Chapter 6 Requirements for Consequential Aggravation

Section 1: The Meaning and Typology of Consequential Aggravation 404
Ⅰ.
The significance of the resulting weighting 404
1.
Internal Structure and Significance 404
2.
Legal personality 405
3.
Consequential Aggravation and Principle of Liability 405
Ⅱ.
Interpretation and typology of Article 15, Paragraph 2 406
1.
Interpretation of the General Provisions on Consequential Aggravation of Crimes 406
2.
Type 408 of Consequential Aggravated Offenses
3.
The Relationship Between Intentional Crime and Independent Crime 409
Ⅲ.
Special Consequential Weighted Offense Form 410
1.
Special consequential aggravated crime form 410 under the Criminal Code
2.
Application of the Form of Consequential Aggravation and General Provisions of the Serious Disaster Punishment Act 411
Section 2 Elements of a Resultant Aggravated Crime 411
Ⅰ.
Basic Crimes 411
1.
Punishment for attempted basic crimes 412
2.
Criminal law causal relationship between attempted basic crimes and serious consequences 413
3.
Attempted crime with consequential aggravation problem 413
Ⅱ.
Occurrence of severe consequences 414
Ⅲ.
Causality (or objective attribution) of the resulting weighted crime 414
1.
Whether or not causality is recognized and the significance of foreseeability 414
2.
Distinction between causality and objective attribution 415
Ⅳ.
Subjective component element 423
1.
The predictability of the actor's severe consequences 423
2.
The Difference Between the Negligence Test for Negligent Offenders and the Negligence Test for Consequentially Aggravated Offenses 424
Section 3. Reasons for excluding the establishment of a crime in the case of aggravated crimes resulting from the consequences 426
Ⅰ.
Reason for illegality 426
Ⅱ.
Reason for liability 426
Section 4 Attempt to Aggravate the Crime 427
Ⅰ.
Changes in the Criminal Law's Attitude Regarding Attempted Consequential Aggravated Crimes 427
Ⅱ.
Theory of Interpretation: Attempted Crimes of Consequential Aggravation 427
1.
Attempted crime of intentional combination 427
2.
Attempted crime with consequential aggravation problem 427
Section 5: Resulting Aggravated Offenses and Forms of Participation 430
Chapter 7 Requirements for Establishing a Crime of Omission

Section 1: Basic Theory of Omissions 432
Ⅰ.
The meaning of omission and its conceptual distinction from commission 432
1.
Criminal Law Theory of Acts and the Actuality of Omissions 432
2.
Shifts in Criminal Legal Theory and Methodological Shifts in Concepts 433
3.
Normative-Evaluative Approach and the Concept of Omission 433
4.
Conceptual Distinction between Action and Omission 434
Ⅱ.
Distinction between true omission and negligent act 435
1.
The significance of the crime of genuine omission and the crime of negligent act 435
2.
Criteria for Distinguishing Between True and False Omissions 435
3.
The Difference Between True Omission and False Act 437
Ⅲ.
The meaning of Article 18 of the Criminal Act and the crime of omission 437
1.
The meaning of Article 18 of the Criminal Act 438
2.
Scope of Application of Article 18 438
3.
Additional requirements for inaction in the interpretation of Article 18 440
4.
Minimum prerequisites for the omission corresponding to the constituent elements 440
5.
Article 18: Expansion of the Theory of Interpretation 443
Ⅳ.
Criteria for determining commission (crime) and omission (crime) 443
1.
The significance of distinguishing between commission and omission 443
2.
The practical benefit of distinguishing between commission and omission 444
3.
Criteria for determining commission and omission 444
Section 2 (Intentional) Inaction to Calm Down 448
Ⅰ.
Component Element 448
1.
448 Elementary Actual Situations Requiring Action
2.
Failure to perform required act 449
3.
The actual possibility of the required action = individual possibility of action 449
4.
451 of the Act of Intention
5.
Attempted crime of omission 451
Ⅱ.
Reason for illegality 452
Ⅲ.
Reason for liability 452
Section 3. Intentional Negligence in Governmental Affairs 452
Ⅰ.
Component Element 452
1.
Occurrence of Risk to Legal Interests 452
2.
452 Failure to perform the required action
3.
The actual possibility of the required action 453
4.
Occurrence of constitutive results 453
5.
Criminal causation or objective attribution 454
6.
Guarantor Status 457
7.
Correspondence of Omission with Action 465
8.
467 of intentional omission
Ⅱ.
Reason for illegality 468
1.
Conflict of Duties 468
2.
Dangerous rescue operations 469
Ⅲ.
Reason for exemption from liability 469
1.
Incompetence in Responsibility 469
2.
Mistake of illegality (the problem of mistake of demand) 469
3.
Unexpectedness 470
Section 4 (Negligence) Negligent Acts 470
Ⅰ.
Component Element 470
1.
Breach of Duty of Care and Breach of Duty of Action 471
2.
Causality in Criminal Law (Objective Attribution) 472
Ⅱ.
Reason for illegality 472
Ⅲ.
Reason for liability 472
Section 5 Punishment of Offenders of Negligent Government Actions 473
Section 6 Requirements for Attempting a Crime of Intentional Negligence 473
Ⅰ.
Preliminary examination of attempted crimes 473
Ⅱ.
Resolution to commit crime 473
Ⅲ.
Start of execution 474
1.
The Attitude of Doctrine 474
2.
Attitude of Case Law 474
3.
Conclusion 475
Ⅳ.
475 Offenses of Negligence and Attempted Impossibility
V.
476 Offenses of Negligence and Attempted Violation of Governmental Regulations
Ⅵ.
Omission and Complicity 476


Part 4 General Elements of a Crime II: Theory of Illegality
Chapter 1: Basic Theory of Illegality

Section 1. Illegality and the Significance of Judgment of Illegality 479
Ⅰ.
The significance of illegality 479
1.
The significance of the judgment of illegality 479
2.
Unity of the Legal Order 479
Ⅱ.
The Relationship Between Illegality and Unlawfulness 480
1.
The Theory of the Indistinction Between Illegality and Unlawfulness and the Theory of Necessity 480
2.
Conceptual Distinction Between Illegality and Unlawfulness 480
Section 2: Criminal System Theory and Illegality Theory 481
Ⅰ.
The Development of Criminal Systems Theory and Changes in Illegality Theory 481
1.
Criminal System and Illegality 481
2.
Element Theory and Criminal Systems Theory 482
3.
Criminal System Theory and Illegality Review Methods 483
Ⅱ.
The Development of the Theory of Illegality and the Criminal System 483
1.
Objective Theory of Illegality: Separating Illegality and Responsibility 483
2.
Subjective Theory of Wrongfulness: Integrating Wrongfulness and Responsibility 484
Ⅲ.
The Development of Illegality Theory in Korean Criminal Law Theory and Criminal Practice 485
1.
Discussion in Criminal Law Theory 485
2.
The Development of the Theory of Illegality in Criminal Practice 486
3.
Conclusion: The Validity of the Objective Illegality Theory 486
Chapter 2 Grounds for Illegality and Criteria for Judging Illegality in Criminal Law

Section 1: Overview of the Reasons for Illegality and the Normative Structure 489
Ⅰ.
Overview of the Reasons for Illegality 489
1.
Reasons for Illegality in Criminal Law 489
2.
Reasons for illegality other than those in the Criminal Code 489
Ⅱ.
Normative Structure of Reasons for Illegality 490
1.
Justification Circumstances (Evaluation Objects) and Normative Markers for Justification (Evaluation Criteria) 490
2.
The Significance and Evaluation Criteria of 'Normative' Marks for Justification 490
Ⅲ.
Systematization of Reasons for Illegality Exclusion According to the Normative Structure 492
Section 2: Grounds for Illegality and the Standards for Judging Illegality 493
Ⅰ.
The Essence of Illegality and the Essence of Illegality 493
1.
Formal Illegality Theory vs. Substantive Illegality Theory 493
2.
The Essence of Illegality 497
Ⅱ.
The Relationship Between the Theory of Justification and the Criteria for Judging Illegibility 500
1.
Theory of Justification in German Criminal Law 500
2.
Korean Criminal Law Theory and Criminal Practice: Theory of Justification and Grounds 501
3.
Conclusion: Monistic Pluralism and the Higher Criterion 503
Section 3: Theory on Korean Criminal Law and the Standards for Judging Illegality 504
Ⅰ.
The significance of the interpretation of the grounds for excluding illegality and the standards for judging illegality 504
1.
The Need to Provide a Criteria for Determining Illegality Unique to Korean Criminal Law 504
2.
The significance of the general 'theory' regarding the criteria for judging illegality 505
Ⅱ.
Criteria for Determining Illegality and Their Substantive Content 506
1.
Theory of 'Active' Substantive Illegality vs.
Theory of 'Passive' Substantive Illegality 506
2.
Supreme Court Legal Doctrine 507 on the "Substantive" Standard for Judging Illegality
3.
Problems and Limitations of Supreme Court Jurisprudence 510
Ⅲ.
Theorizing the Criteria for Judging Illegality: Law as a "Standard" and Law as a "Method" (☆) 513
1.
The Highest Criterion: 'Social Norms' vs. 'Law' or 'The Legal Order as a Whole' 513
2.
The Supreme Court's Understanding of the Law and How to Determine Illegality 514
3.
Conclusion: Understanding the Law and Determining Illegality 515
Chapter 3. Individual grounds for exclusion of illegality in criminal law

Section 1 General Theory 520
Ⅰ.
Objective requirements for the exclusion of illegality (permissible elements) 520
Ⅱ.
Subjective Requirements for the Exclusion of Illegality 521
1.
Whether subjective requirements are necessary 521
2.
Contents of subjective requirements 522
3.
Cases Lacking Subjective Justification and Their Legal Effects 523
Ⅲ.
Normative Marks of Reasons for Illegality 525
Section 2 Self-Defense 526
Ⅰ.
The Meaning and Essence of Self-Defense 526
1.
Criminal Law Provisions and Meaning 526
2.
Principle 526 of the Interpretation of Self-Defense Clauses
Ⅱ.
Requirements for Recognition of Self-Defense 526
1.
Self-defense situation 527
2.
Acts of Defense 532
3.
Reasonable Reason 533
4.
Intentional and Unintentional Provocations 537
Ⅲ.
Emergency Rescue (Defense of Others) 539
1.
The Significance of Emergency Rescue 539
2.
Emergency Rescue Requirements 539
Ⅳ.
Excessive Defense 539
1.
Excessive Defense Regulations and Their Significance 539
2.
Types of Overdefense 540
3.
Requirements for Excessive Defense 540
4.
Legal Effects of Excessive Defense and the Basis for Arbitrary Remission 541
V.
Excessive Defense in Nighttime and Other Situations: Reasons for Exclusion of Liability 542
Ⅵ.
Misconception of direction, misconception of direction 542
1.
Five directions 542
2.
Over-defense of the five elements 543
Section 3 Emergency Evacuation 543
Ⅰ.
The Meaning and Essence of Emergency Evacuation 543
1.
Criminal Law Provisions and Meaning 543
2.
The Essence of Emergency Evacuation 544
Ⅱ.
Emergency evacuation requirements 545
1.
Emergency Evacuation 545
2.
Acts to avoid danger 548
3.
Reasonable Reason 549
Ⅲ.
Emergency evacuation restrictions 553
Ⅳ.
Over-evacuation 553
V.
Excessive evacuation under other conditions at night 554
Ⅵ.
Over-evasion of Osang, Over-evasion of Osang 554
Section 4 Self-help Act 554
Ⅰ.
The significance of self-rescue actions 554
1.
Criminal Law Provisions and Meaning 554
2.
Distinction between self-defense and emergency evacuation 555
Ⅱ.
Requirements for Recognition of Self-Rescue Acts 555
1.
Self-rescue situation 555
2.
Self-rescue action based on self-rescue intention 557
3.
Reasonable Reason 558
Ⅲ.
Excessive self-help 559
Ⅳ.
Act of the Five-Year Rescue 559
Section 5: Victim's Consent 559
Ⅰ.
Victim's Consent and the Systematic Status of Consent 559
1.
The Significance of Victim Consent 559
2.
Criminal Treatment of Victim's Consent (Systematic Status of Consent) 560
Ⅱ.
Victim's Understanding (Reason for Exclusion of Elements) 563
1.
The Meaning of Understanding 563
2.
Legal nature of understanding 563
3.
Understandable Legal Interest 564
4.
Validity requirements for understanding 565
5.
The Effect of Understanding 567
Ⅲ.
Victim's consent (reasons for excluding illegality) 567
1.
The Meaning of Consent 567
2.
Acceptable Legal Interests and 'Special Provisions of the Law' 567
3.
Requirements for Consent 569
4.
Effect of the victim's consent 573
Ⅳ.
Presumptive Consent 573
1.
The Meaning of Presumptive Consent 573
2.
The Legal Nature of Presumptive Consent 574
3.
Requirements for Presumptive Consent 574
Section 6 Legitimate Acts 576
Ⅰ.
The Meaning of Legitimate Acts and the Structure of Article 20 of the Criminal Act 576
1.
Criminal Law Provisions and Meaning 576
2.
Structure of Article 20 of the Criminal Act 576
3.
The Attitude of Doctrine 576
4.
Attitude of Case Law 577
5.
Conclusion 578
Ⅱ.
Acts by Law 578
1.
Meaning 578
2.
Civil servants' performance of duties 580
3.
Acts by Order 580
4.
Disciplinary Action 583
5.
Labor Dispute Act 584
6.
Act of arresting a suspect in the act of committing a crime 586
7.
Acts under other laws 587
Ⅲ.
Acts due to work 587
1.
Requirements for the elimination of significance and illegality 587
2.
Professional Conduct of Lawyers and Clergy 588
3.
Physician's treatment 588
Ⅳ.
Acts that do not violate social norms 590
1.
The meaning of social norms and social norms 590
2.
Social Norms and Social Significance 594
3.
Case types 598 that are evaluated as acts that do not violate social norms under case law
Section 7 Conflict of Obligations 601
Ⅰ.
The Significance of Conflicts of Duty 601
1.
Meaning 601
2.
Why Conflicts of Duty Matter 601
Ⅱ.
Systematic Status of Conflict of Duties 602
Ⅲ.
Types of conflicts of duty and requirements for unlawfulness 602
1.
Conflict between the Duty of Truth and the Duty of Innocent Truth 602
2.
Conflict of Duty and Legal Effects 603


Part 5 General Elements of Crime III: Theory of Responsibility
Chapter 1: Basic Theory of Responsibility

Section 1: The Meaning, Nature, and Criminal System Theory of Responsibility 607
Ⅰ.
The Meaning of Responsibility and the Principle of Responsibility 607
1.
The Meaning of Responsibility 607
2.
Distinction between Liability and Tort 607
3.
Principle 608 of Responsibility and Accountability
Ⅱ.
The Nature of Responsibility and the Criminal System Theory 611
1.
The Concept of Psychological Responsibility and the Classical Criminal System 611
2.
The Normalization of the Concept of Responsibility and Frank's Normative Concept of Responsibility 611
3.
The Emergence of a Purely Normative Concept of Responsibility and the Purposive Criminal System 612
4.
The New Concept of Complex Responsibility and the Unified Criminal System 613
5.
Conclusion: The Validity of a Purely Normative Concept of Responsibility 613
Section 2: The Development of Responsibility Theory and the Substantive Basis of Blame (☆) 614
Ⅰ.
Raising Issues Under the Concept of Normative Responsibility 614
1.
Responsibility as Blameability: The Problem with the Formal Concept of Responsibility 614
2.
The Concept of Responsibility in Its Substantive Sense: The Significance of Finding the Substantive "Basis" for Blaming Responsibility 614
Ⅱ.
19th-Century Scholastic Debate and the Basis of Responsibility 615
1.
Classical School and Moral Responsibility Theory: The Possibility of Norm-Conforming Motivation 615
2.
The so-called "social" responsibility theories of the modern school: social protection theory, character responsibility (responsibility for living), etc. 616
Ⅲ.
20th-Century Responsibility Theory and Criteria for Judging Responsibility 617
1.
The Predominance of Moral Responsibility Theory and the Attitude of Criminal Law 617
2.
Normative Responsibility and the 20th-Century Transformation of Freedom of Thought 618
Ⅳ.
The Substantial Basis of the New School Debate and the Criticism of Responsibility 619
1.
The Emergence of Preventive Liability Theory 619
2.
Two Branches of Preventive Liability Theory 620
3.
Evaluation of the theory of preventive liability in relation to the criteria for determining responsibility 621
Chapter 2 Reasons for exemption from liability under criminal law and standards for determining liability

Section 1: The Significance of the Criteria for Judging Liability and the Legislation of Reasons for Exemption from Liability 622
Ⅰ.
Special characteristics of the criteria for determining responsibility 622
1.
Criteria for judgment outside the law or legal framework 622
2.
The Legislative Background of the Responsibility-Based Ideology and the Reasons for Exemption from Responsibility 623
Section 2: Normative Structure of Reasons for Exemption of Responsibility and Standards for Judging Responsibility 625
Ⅰ.
Normative Structure of the Reasons for Exclusion of Liability in Criminal Law and Criteria for Judging Liability 625
1.
Multilayered normative structure 625
2.
Normative Responsibility Concepts and Typology of Reasons for Exemption of Responsibility 627
Ⅱ.
Overview of the Criminal Law's Causes of Exclusion of Liability and Criteria for Judging Liability 628
1.
The multilayered normative structure of the grounds for determining illegality and the upper standard for determining responsibility 628
2.
Distinction between grounds for exemption from liability and grounds for exemption from liability? 630
3.
630 Method and Order of Responsibility Review
Ⅲ.
631 Higher Criteria for Judging Liability Used by Korean Criminal Law Theory and Practice
1.
Supreme Court Position 632
2.
Position on Criminal Law Theory 634
3.
This book's position 634
Chapter 3 Reasons for Exemption from Individual Liability in Criminal Law

Section 1. Incapacity for Responsibility and Limited Capacity for Responsibility 636
Ⅰ.
Responsibility and Incapacity 636
Ⅱ.
Criminal Law's Attitude toward Persons with Incompetence for Responsibility, etc. 636
1.
Incompetent Person 636
2.
Person with limited liability 638
3.
638 people with hearing and speech impairments
Ⅲ.
Requirements for Incapacity and Limited Liability under Article 10 of the Criminal Act 639
1.
Requirements for Incapacity for Responsibility: Article 1, Section 639
2.
Requirements for Limited Liability: Article 2, Section 642
3.
Article 10 of the Criminal Act: Normative Structure and Methods for Determining Incapacity for Responsibility, etc. 644
4.
The Principle of Simultaneous Responsibility and Acts and Its Exceptions 648
Ⅳ.
Free Acts in Cause 649
1.
The significance of free action in the cause 649
2.
649 Grounds for the Punishment of Free Acts in Cause
3.
Requirements for Free Action in Cause 651
4.
A New Typology of Causally Free Actions 655
5.
Criminal Liability by Type 657
Section 2, Article 16 of the Criminal Act and the Mistake of Illegality (Mistake of Prohibition) 661
Ⅰ.
General Theory of Mistake of Illegality 661
1.
The Meaning and Distinction of Mistakes of Illegality 661
2.
Recognition of illegality 661
3.
Types of Mistakes of Illegality 664
Ⅱ.
Mistake of Illegality and the Scope of Application of Article 16 of the Criminal Act 665
1.
Scope of Application of Article 16 of the Criminal Act 665
2.
The Systematic Status of Illegality and the Legal Effects of Mistakes 667
3.
Mistake of Illegality and Justification for Article 16 of the Criminal Act 670
Ⅲ.
Mistake in the objective premise of the grounds for excluding illegality 676
1.
Meaning and Status in the Criminal Law Error System 676
2.
Solution 677
Ⅳ.
Misconception 682 Regarding the Normative Requirements for the Exclusion of Illegality
V.
Double Mistake on Illegality 682
1.
Meaning 682
2.
Solution 683
Section 3: Theory of Expectations and Extralegal Causes of Liability 684
Ⅰ.
The significance of the theory of expectancy probability and its development process 684
1.
Expectancy Theory and the Significance of Expectancy 684
2.
The Development of Expectancy Theory and the Systematic Status of Expectancy 684
Ⅱ.
The function of the improbability and the normative measure, 686
1.
Whether or not to recognize extra-legal reasons for exemption from liability 686
2.
688, a (normative) measure for judging the impossibility of expectation
Section 4 Other statutory grounds for exemption from liability 690
Ⅰ.
Forced Act 690
1.
Meaning 690
2.
Distinction from Immunity Emergency Refuge 690
3.
Requirements for forced action 691
4.
Criminal Responsibility of the Coercer and the Coerced 694
Ⅱ.
Excessive defense at night, excessive emergency evacuation at night, etc. 695
1.
The significance of excessive defense and excessive emergency evacuation at night, etc. 695
2.
Requirements for a Responsible Carrier 695
Ⅲ.
Emergency evacuation without liability 696
1.
The Significance of Immunity-Free Emergency Evacuation 696
2.
696 Handling of Emergency Evacuations Without Liability
Section 5 Mistakes Regarding the Reasons for Exemption from Liability 698
Ⅰ.
Mistake 698 regarding the existence or legal limits of the grounds for exemption from liability
Ⅱ.
Mistake 698 regarding the objective circumstances of the cause of the exemption of responsibility (impossibility of expectation)
1.
Meaning 698
2.
Solution 699


Part 6: Attempted Crimes
Chapter 1: Basic Theory of Attempted Crimes

Section 1. Stages of Crime and Grounds for Punishment for Attempted Crimes 703
Ⅰ.
Attempted Crime and Attempted Crime 703
1.
Article 703 of the General Provisions on Attempted Crime and Punishment Provisions of the General Provisions on Attempted Crime
2.
Conceptual Elements of Attempted Crime and Attempted Offender 703
Ⅱ.
704. The expansion of criminal liability and the gradual distinction between the realization of crimes
1.
Expansion of criminality and the pre-criminalization of legal infringements 704
2.
Stage 704 of the Crime
Ⅲ.
Grounds for Punishment for Attempted Crime 708
Section 2 Types and Requirements for Attempted Crimes 709
Ⅰ.
Three Types of Attempted Crimes 709
1.
Attempted crime 709
2.
Attempted crime 709
3.
Attempted crime against a disabled person 709
Ⅱ.
Attempted Crime System and General Requirements for Attempted Crime 710
Chapter 2 General Requirements for Attempted Crimes

Section 1 Preliminary Examination of Attempted Crimes 711
Ⅰ.
Unfinished Crime 711
Ⅱ.
The existence of the attempted crime punishment provision 711
Section 2 General Elements of an Attempted Crime 712
Ⅰ.
Subjective component elements 712
1.
Intent (Determination to Commit a Crime) 712
2.
Special subjective illegal element 713
Ⅱ.
Objective Element: Initiation of Implementation 713
1.
The Significance of Commencing Execution 713
2.
Criteria for Judging the Timing of Execution 713
3.
715 Commencement of Execution by Crime Type
Section 3. Reasons for excluding attempted crimes from being a crime 716
Chapter 3 Impossible (Attempted) Crimes

Section 1. Distinction between Attempted Crime and Punishable Crime 717
Ⅰ.
Distinction from an Impossible Attempt of Punishment 717
Ⅱ.
Distinction between Punishable and Unpunishable Attempts of Crime 717
1.
Attempted crime with impossibility of punishment (reversed elemental error) 717
2.
Illegal Hallucination Offender 717
3.
Distinction between attempted crimes and hallucinations 718
Section 2 Independent Elements of an Impossible Attempted Crime 719
Ⅰ.
Impossibility of occurrence of result 719
1.
The Fallacy of Means 719
2.
Target Error 719
3.
Mistakes about the subject 720
Ⅱ.
Risk 721
1.
The Criminal Meaning of the Concept of Danger under Article 27 of the Criminal Act 721
2.
Risk Assessment Scale 723
Section 3 Punishment for Attempted Impossibility 727
Chapter 4 Attempted Criminals

Section 1: The Meaning and Types of Attempted Suspension 728
Ⅰ.
The significance of the attempted suspension 728
Ⅱ.
The Legal Nature of Arbitrariness and the Grounds for Necessary Reduction of Sentence for Attempted Crime 728
1.
Grounds for Necessary Remission of Sentence 728
2.
The Legal Nature of Arbitrariness and Its Significance in the Review of Suspended Criminals 729
3.
Conclusion (Systematic Status of Arbitrariness and Criteria for Judging Arbitrariness) 729
Ⅲ.
Type 730 of attempted suspension
1.
Meaning 730
2.
The Practical Benefits of Distinction 731
3.
Distinctive Theory 731
Section 2 Requirements for the Establishment of the Unfinished Suspension Crime 733
Ⅰ.
Unfinished business 733
Ⅱ.
Cessation of Execution 733
Ⅲ.
Arbitrariness 734
1.
The significance of judgments of arbitrariness 734
2.
Method of Judging Arbitrariness 734
Section 3 Requirements for the Establishment of a Suspension of Termination 739
Ⅰ.
Attempted termination 739
Ⅱ.
Preventing the occurrence of consequences 739
1.
Result prevention 739
2.
The Relationship Between Stopping Behavior and Preventing Consequences 740
Ⅲ.
Arbitrariness (prevention of consequences due to arbitrariness) 740
Section 4 Special Issues of Attempted Crimes 741
Ⅰ.
The so-called failed and frustrated attempts 741
1.
The Meaning and Conceptual Revision of Failed Attempts 741
2.
Attempted Frustration and Attempted Abortion 742
Ⅱ.
Attempted Impossible Stop 743
1.
Criminal Law Treatment of Cases of Attempted Impossible Crime 743
2.
Solution 743
Ⅲ.
744 if there are multiple participants
Section 5 Punishment of Attempted Crimes 744
Ⅰ.
Principle 744
Ⅱ.
Weighted Amount Included in Amount (Weighted Amount) 745
1.
745 in case of legal competition
2.
745 in case of imaginary competition
Chapter 5 Preliminary Crimes

Section 1: The Meaning of Preliminary Sin 747
Ⅰ.
The Meaning of Preliminary 747
1.
The concept of reserve and the provisions of preliminary crime 747
2.
Distinction between Preliminary and Conspiracy 747
Ⅱ.
The Legal Nature of Preliminary Crimes 749
1.
The Relationship Between Preliminary and Primary Crimes 749
2.
The Executory Act of Preliminary Acts 750
Section 2 Requirements for the Establishment of a Preliminary Crime 751
Ⅰ.
Objective Element 751
1.
Preliminary Act 751
2.
Material and human reserves 752
3.
Self-Reservation and Other-Reservation 752
Ⅱ.
Subjective component element 754
1.
Preliminary Intention 754
2.
Intent to commit a basic crime 755
Section 3 Related Issues 755
Ⅰ.
Reserve Stop 755
1.
The significance of the pause in preparation 755
2.
755. Whether the provisions on attempted crimes are applied analogically
Ⅱ.
Preliminary crimes and forms of participation 756


Part 7: Morphology of Participation
Chapter 1: Basic Theory of Participation Types

Section 1: Legislative Forms and Basic Concepts Regarding Participation Types 759
Ⅰ.
Legislative Form 759 on the Form of Participation
1.
Single-offender system 759
2.
Principal/Accomplice Distinction System 760
3.
Legislative Model of Korean Criminal Law 760
Ⅱ.
Example 761 of the use of the concept of accomplice under the distinction system
1.
The Ambiguity of the Concept of Accomplice 762
2.
Voluntary and Necessary Accomplices 762
Ⅲ.
Necessary Accomplice 764
1.
The Significance of Necessary Accomplice 764
2.
Problems in the Classification and Use of Terminology of Necessary Accomplices 764
3.
Whether the general provisions on accomplices apply to necessary accomplices 766
Section 2: Theory of the Principal-Accomplice Distinction and the Limited Principal-Accomplice Theory 770
Ⅰ.
Distinction between principal and accomplice of common criminals (dominant criminals) 770
1.
Basis for Distinction 770
2.
Criteria for Distinguishing Between a Principal and an Accomplice 771
Ⅱ.
Expanded and Restricted Concepts of Normal Crime 773
1.
Extended concept of normal crime 773
2.
Restricted Normal Concept Theory 774
3.
Conclusion 774
Ⅲ.
Limitations of Restricted Theory of Criminal Justice and the Actual Control Theory 774
1.
Identity Offender 775
2.
Mandatory Offense 775
3.
Self-confessed criminal 776
4.
780 criminals, including those who commit a crime and those who commit a crime
Ⅳ.
Distinction between principal and accomplice in case of negligent crime 780
V.
Distinction between principal and accomplice in cases of omission 781
1.
In the case of a crime of omission, 781
2.
In the case of a crime of negligent government action, 782
3.
783 Offenders of Omission and Complicity in Agreement
Chapter 2. Criminal Forms and Establishment Requirements

Section 1. Limited concept of crime and types of crime 785
Section 2 Direct Offender 785
Ⅰ.
Relationship between the direct perpetrator and other accomplices 785
1.
Relative Concept 785
2.
Act and Direct Offender 786
Ⅱ.
Elements of a crime involving a direct perpetrator 786
Section 3: Accomplices 787
Ⅰ.
The Meaning of Article 30 of the Criminal Act and the Requirements for Establishing Joint Principal Offenders 787
1.
The Meaning of Article 30 of the Criminal Act 787
2.
The Essence of Joint Criminals 788
Ⅱ.
Elements of an Accomplice - Subjective Elements 789
1.
789 intention to join together
2.
Successive Joint Principal Investigation 792
3.
795. Accomplice in a Negligent Offense
4.
800 Departure from the Conspiracy
Ⅲ.
Objective Requirements for Joint Offenders (Objective Elements) 804
1.
Division of Execution Act 804
2.
The so-called joint conspiracy case 806
3.
Causality in Criminal Law 809
Ⅳ.
Mistakes and Inconsistencies of Accomplices 809
1.
Accomplice's Mistake 809
2.
Effect of the mistake of the person who performed the constituent act on other conspirators 810
3.
Inconsistencies between accomplices 812
V.
Attempted accomplice 815
1.
Commencement of the accomplice's execution 815
2.
Attempted accomplice's murder 815
Ⅵ.
Punishment of accomplices 816
Ⅶ.
816 criminals and accomplices
Section 4: Simultaneous Violation 817
Ⅰ.
The significance of simultaneous offenses 817
1.
Conflict and Simultaneous Offenses of Independent Acts 817
2.
Simultaneous offenders and accomplices 818
Ⅱ.
Type 819 of simultaneous offenses
1.
819 concurrent offenders whose causal actions have been identified
2.
819 Simultaneous offenses where the causal act has not been identified
Ⅲ.
Special Provisions on Simultaneous Offenses of Assault 819
Section 5 Joint Crime 820
Ⅰ.
The essence of joint crime 820
1.
The Attitude of Doctrine 820
2.
Attitude of Case Law 821
3.
Conclusion 822
Ⅱ.
Joint criminal's accomplice 822
1.
The Attitude of Doctrine 823
2.
Attitude of Case Law 823
3.
Conclusion 824
Section 6 Indirect Perpetrators 824
Ⅰ.
The Meaning and Essence of Indirect Perpetrators 824
1.
The Attitude of Doctrine 825
2.
Attitude of Case Law 825
3.
Conclusion 826
Ⅱ.
Requirements for establishing an indirect perpetrator 828
1.
Requirements for the User: Prerequisite for Indirect Perpetrator 828
2.
Requirements for users: Superior decision-making power 835
3.
Consequences of criminal acts 837
Ⅲ.
Theory of the Principal Behind the Principal 838
1.
Problem material 838
2.
Whether the main culprit behind the crime is recognized as the main culprit 838
Ⅳ.
Indirect Principal Investigation and Mistake 840
1.
User's Misunderstanding (about the nature of the user) 840
2.
Inconsistency with the user's performance 842
V.
Attempted indirect crime 843
1.
843. The time of commencement of the execution of the indirect principal offense
2.
Attempted crime by an indirect perpetrator 844
3.
Handling of attempted indirect crimes 844
Ⅵ.
Punishment of indirect perpetrators 845
1.
User Punishment 845
2.
Punishment of users 845
3.
Special Education Teacher? Assistant 845
Ⅶ.
Limits on recognition of indirect perpetrators 847
1.
847 in the case of a self-confessed criminal
2.
In the case of identity crimes, 848
3.
Omission and Indirect Perpetrator 849
Chapter 3 Types of Accomplices and Requirements for Establishment

Section 1: Basic Theory of Accomplices 850
Ⅰ.
The Principle of Accomplice Subordination and the Degree of Subordination 850
1.
Logical and conceptual meanings of accomplice independence and accomplice dependence 850
2.
Independence and dependence of accomplices in the establishment 850
3.
Prerequisites for accomplice dependence and accomplice formation 853
4.
Examining the Establishment of Accomplice: Distinguishing Between Prerequisites and Requirements 857
Ⅱ.
Basis for Punishment of Accomplices (☆) 858
1.
The Relationship Between the Basis for Punishment of Accomplices and the Form of Subordination 858
2.
Substantive Basis for Punishment of Accomplices 858
Ⅲ.
The Principle of Accomplice Dependency and the Illegal Structure of Accomplices 860
1.
The meaning of accomplice (in the context of negotiation) 860
2.
Accomplice dependency and accomplice dependency form 860
3.
The significance of the accomplice provision and the requirements for establishing an accomplice 861
Section 2: Instigation and Offenses 862
Ⅰ.
The significance of the teacher's crime 862
Ⅱ.
Requirements for the establishment of a teacher-instructor crime 862
1.
Teacher's teaching behavior 863
2.
Teacher's intention 866
3.
The subject's criminal resolution 870
4.
Acts of the student 870
5.
Deviation from the accomplice relationship (in the case of an instigator) 872
Ⅲ.
Teacher's Mistakes and Inconsistencies 874
1.
Teacher's Mistake 874
2.
876 In case the teacher's teaching content and the student's performance are inconsistent
Ⅳ.
Punishment of Teacher Offenders 877
V.
Attempted and Instigated Crime 878
Ⅵ.
Preliminary? Conspiracy to commit abetment offense 878
Ⅶ.
878 criminals and instigators
Section 3: Aiding and Abetting 879
Ⅰ.
The Meaning of Auxiliary Crime 879
Ⅱ.
Requirements for accomplice crime 879
1.
Act of Aiding and Abetting 880
2.
Intention of the accomplice 887
3.
Excessive Subjective Elements and Assistance 888
4.
Act of the Abettor 888
Ⅲ.
Mistakes and Inconsistencies of the Aided 890
1.
The Facilitator's Error 890
2.
890 In cases where the intention of the aiding and abetting member and the act of the abetting member do not match
Ⅳ.
Punishment of Auxiliaries 891
V.
Aiding and Abetting and Attempted 891
Ⅵ.
Identity offenders and accomplices 892
Section 4: Accomplices and Status 892
Ⅰ.
General Theory on Accomplices and Status 892
1.
The Principle of Accomplice Dependency and Status Offender 892
2.
The Meaning of Status 893
3.
Classification of Status and Classification of Status Offenders 896
Ⅱ.
Interpretation of Article 33 of the Criminal Act 898
1.
Significance of Article 33 898
2.
Article 33 and the scope of application of the main text and proviso 899
3.
Conclusion 901
4.
Case Type 902: The Applicability of Article 33 of the Criminal Act at Issue
Ⅲ.
Passive Status and Accomplice 908
1.
The Meaning and Classification of Passive Status 908
2.
Passive Status and the Applicability of Article 33 of the Criminal Act 909
3.
Solution to the Problem of Complicity and Co-Establishment of Passive Status 910


Part 3: Prisoner Theory and Competition Theory
Chapter 1: Theory of Prisoners

Section 1. Criteria for Determining Prisoners 917
Ⅰ.
The Significance of the Prisoner Problem 917
1.
The Concept of "Sin" in Prison Theory 917
2.
Distinction between the theory of accomplice and the theory of convict 917
Ⅱ.
Criteria for sentencing prisoners 918
1.
The Attitude of Doctrine 918
2.
Attitude of Case Law 920
3.
Conclusion 921
Ⅲ.
Examination Diagram for Prisoner Problems and Conflict Problems 922
1.
Diagram 922 for solving the prisoner problem and the competition problem
2.
The Practical Usefulness of the Evaluation Diagram 923
Section 2: Sin 924
Ⅰ.
The Meaning and Types of Sin 924
1.
Simple and Comprehensive Sins 924
2.
Substantive crimes and criminal offenses 925
3.
The relationship between a crime under substantive law and a criminal under procedural law 925
Ⅱ.
Simple Sin 925
1.
Act-integrated elements and one crime 925
2.
Legal Affairs Competition 928
Ⅲ.
Comprehensive Crime 937
1.
The Meaning of Comprehensive Sin 937
2.
Example 938 of the Comprehensive Sin Concept
3.
Type 939 of Comprehensive Crimes
4.
The Effects of Comprehensive Crime 951
Section 3: Number of Sins 953
Chapter 2: Theory of Competition

Section 1 Types of Competition and Criteria for Distinction 954
Ⅰ.
True and False Competition 954
Ⅱ.
Imaginary and Real Conflict 954
Ⅲ.
Criteria for distinguishing between competitive types 955
1.
One Act 955
2.
A single method of judging actions in the theory of competition 957
Section 2: Imaginary Competition 958
Ⅰ.
Meaning and Essence 958
1.
The Significance of Imaginary Competition 958
2.
Prisoner of Imaginary Contest 959
Ⅱ.
Type 960 of Imaginary Contest
1.
960 When two or more crimes are committed 'simultaneously'
2.
962 When there is a 'close relationship' between several natural acts
Ⅲ.
Imaginary Competition by the Linking Effect: A Single Action Agenda 963
1.
The significance of imaginary competition through the linking effect 963
2.
Whether or not to recognize imaginary competition due to the connection effect 963
Ⅳ.
Legal Effects of Imaginary Conflict 965
1.
Substantive Law Effect 965
2.
Effects under the Law of Procedure 966
3.
Differences in practical handling with legal competition 966
Section 3 Substantive Conflict 967
Ⅰ.
Meaning and Type 967
1.
The significance of substantive competition 967
2.
Type 968 of Substantive Conflict Offenders
Ⅱ.
Concurrent Conflict Offender 968
1.
Meaning 968
2.
This is 968
3.
Disposition of Concurrent Conflict Offenders 970
Ⅲ.
Posthumous Conflict Crime 971
1.
Meaning 971
2.
This is 971
3.
Posthumous Disposition of Conflicting Offenders 973


Part 4: Criminal Sanctions
Part 1: Overview and Outlook of the Criminal Sanctions System
Chapter 1: Criminal Law and the Dual-Purpose Criminal Sanction System

Ⅰ.
Overview of the Development of the Criminal Law Sanction System 981
1.
Pre-Modern: Punishment and its Purposes 981
2.
Modernity: The Conflict Between Retribution and Social Defense 981
3.
Modernity: Establishment of a Dual-Criminal Sanctions System 981
Ⅱ.
Overview of the Two-Way Criminal Sanctions System 982
1.
Dualism between Penalty and Security Measures 982
2.
The Relationship Between Punishment and Security Measures under Dualism 982
3.
Differences and Similarities Between Punishment and Security Measures 983
Chapter 2: Criminal Sanctions System and Criminal Policy Trends

Ⅰ.
Security Measures and Safety-Oriented Criminal Policy 985
1.
Renaissance of Security Measures After the Abolition of the Probationary Custody System 985
2.
985 Demand for the introduction of a protective custody system and the principle of differentiation in its enforcement
Ⅱ.
Victim-Friendly Criminal Justice Policy and the Shifting Paradigm of Crime Response 986
1.
Efforts to introduce criminal sanctions oriented toward recovery of damages 986
2.
Restorative Justice Paradigm 987
Ⅲ.
Diversification of Criminal Policy Tools 987
1.
Expansion of sanctions within society 987
2.
Actively utilize customized sanctions tailored to the nature of the crime 988
Part 2: Punishment
Chapter 1 Justification of Criminal Law and Theory of Punishment

Section 1: The Significance of Penal Theory 991
Ⅰ.
The Significance of Punishment Theory 991
Ⅱ.
Overview of the Development of Penal Theory Related to the Purpose of Punishment (☆) 992
1.
Penal Ideas of Ancient and Medieval Times 992
2.
Punishment and Criminal Law in the Age of Enlightenment: The Foundations of Modern Criminal Law 992
3.
The Resurgence of Absolute Punishment Theory in the 19th Century 994
4.
Revolutionary Penal Theory Sparked by List 995
Ⅲ.
The School Debate (1882–1933) and the Justification of Punishment (☆) 997
1.
Classical vs.
Modern School 997
2.
A Compromise Between Two Schools 1000
Ⅳ.
The Modern Significance of the Scholastic Debate (☆) 1001
1.
Oversimplification and Problems with the School Debate 1001
2.
The Modern Significance of the Scholastic Debate 1001
Section 2: Theories of Punishment 1005
Ⅰ.
Absolute Punishment Theory 1006
1.
Atonement Theory 1006
2.
Retribution Theory 1006
Ⅱ.
Relative Punishment Theory 1010
1.
Purpose and Idea 1010 in Criminal Law
2.
Special Prevention Theory 1011
3.
General Prevention Theory 1013
Ⅲ.
Compromising Punishment Theory 1015
1.
Eclectic Theories of Punishment 1015
2.
Problems with the Compromise Theory of Punishment 1016
Ⅳ.
Evaluation Criteria for Finding the Best Punishment Theory 1017
1.
A Theory of Punishment That Reconciles Its Preemptive Model of Criminal Law 1018
2.
Punishment Theory Minimizing Normative Weakness 1019
3.
A theory of punishment that goes beyond the possibility of empirical verification of the effectiveness of punishment 1020
4.
A theory of punishment that corresponds to the practical function of punishment 1021
5.
Systematic consistency and linkage between the purpose of punishment and the elements of crime 1022
6.
Conclusion 1024
Chapter 2 Punishments and Types of Punishments in Korean Criminal Law

Section 1. Criminal Punishments and Other Legal Sanctions 1026
Ⅰ.
The Meaning of Punishment 1026
Ⅱ.
Distinction from the legal effects of other areas of law 1026
1.
Fine 1026
2.
Fines or surcharges 1027
Section 2 Types of Punishments under Criminal Law 1027
Ⅰ.
Death penalty 1028
1.
The Meaning of the Death Penalty 1028
2.
Abolition of the Death Penalty 1029
Ⅱ.
Freestyle 1031
1.
The Meaning of Freestyle 1031
2.
Article 1031 of the Criminal Code
3.
Freestyle Improvement Plan 1032
Ⅲ.
Property Type 1033
1.
The meaning of property type 1033
2.
Fine 1033
3.
Fine 1035
4.
Confiscation 1036
Ⅳ.
Honorary Type 1044
1.
The Meaning of Honor 1044
2.
Abolition of Honorary Orders 1045
Chapter 3: Brother's Discipline

Ⅰ.
The significance of my brother's patriarchy 1046
Ⅱ.
Step 1046 of Brother Yangjeong
1.
Statutory sentence 1046
2.
Execution Type 1046
3.
Sentence 1047
Ⅲ.
Brother's aggravation? Mitigation? Exemption and surrender? Confession 1047
1.
Brother's Aggravation and Mitigation 1047
2.
Brother's Gagamrye 1048
3.
Brother's Exemption 1049
4.
Embroidery and Confession 1050
Ⅳ.
Sentence 1051
1.
The meaning of the form 1051
2.
Sentencing Standard 1051
3.
Condition 1053 of the sentence
4.
Sentencing Rationalization Plan: The Sentencing Commission and Sentencing Guidelines 1054
V.
Pre-sentence detention and public announcement of the verdict 1055
1.
Total number of days of detention before sentencing: 1055
2.
Publication of Judgment 1056
Chapter 4 Who is the offender?

Ⅰ.
The Meaning of Repeat Offenders 1057
1.
The concept of repeat offenders 1057
2.
Distinction between repeat and habitual offenders 1057
3.
The Legal Nature of the Repeated Offenders Act 1058
Ⅱ.
Requirements for Repeat Offenders 1058
1.
1058 The offender would have been sentenced to imprisonment or more
2.
1059 The subsequent crime will be committed within three years after the previous criminal's sentence is completed or exempted.
3.
The subsequent offense shall be punishable by imprisonment or more severe punishment. 1059
Ⅲ.
Effect of Repeat Offenders 1060
1.
Punishment for Repeat Offenders 1060
2.
1060. Detecting a repeat offender after sentencing
Ⅳ.
Problems and Legislative Theory of Repeat Offenders 1061
Chapter 5: The Deferral System

Section 1 Suspended Sentence 1062
Ⅰ.
The Significance of Suspended Sentence 1062
1.
Meaning 1062
2.
Legal nature 1062
Ⅱ.
Requirements for Probation 1063
1.
Sentenced to imprisonment or confinement for not more than 3 years or a fine of not more than 5 million won 1063
2.
Reasons for consideration 1063
3.
Absence of disqualification requirements for suspended sentence 1063
4.
Possibility of suspended sentence for part of the sentence 1065
Ⅲ.
Probation, community service, and course attendance orders 1065
1.
Probation System 1066
2.
Community Service Order, Course Attendance Order 1067
Ⅳ.
Effects of Probation 1068
V.
Lapse and Cancellation of Probation 1068
1.
1068. The validity of suspended sentences
2.
Cancellation of probation 1069
Section 2 Suspended Sentence 1070
Ⅰ.
The Significance of Suspended Sentence 1070
1.
Meaning 1070
2.
Legal personality 1070
Ⅱ.
Requirements for Suspended Sentence 1071
1.
In case of sentencing to imprisonment or confinement for less than one year, suspension of qualification, or fine 1071
2.
1071 When the normal state of repentance is clear
3.
No criminal record with a sentence of suspension or more severe than that of a felony conviction 1072
Ⅲ.
Suspended Sentence and Probation 1072
Ⅳ.
Effects of Suspended Sentence 1072
V.
The lapse of suspended sentences 1073
Chapter 6 Execution of sentence

Ⅰ.
The Meaning and Subject of Execution 1074
1.
The significance of execution 1074
2.
Subject of execution 1074
Ⅱ.
Methods of Execution of Sentences and Termination and Exemption from Execution 1075
1.
Method of Execution 1075
2.
Hyeonggi's calculation 1075
3.
Termination of sentence and exemption from execution 1075
Ⅲ.
Parole 1076
1.
The Significance of the Parole System 1076
2.
Requirements for Parole 1076
3.
Parole Period and Probation 1077
4.
The Effects of Parole 1078
5.
The validity and cancellation of parole 1078
6.
Parole Review and Grant 1078
Chapter 7 Prescription and Expiration of Brothers

Ⅰ.
My brother's statute of limitations is 1080
1.
The significance of the statute of limitations for brother's death 1080
2.
Statute of limitations 1080
3.
Effect of Statute of Limitations 1080
4.
Suspension and Interruption of the Statute of Limitations 1080
Ⅱ.
The Disappearance of My Brother 1081
1.
The Significance of Brother's Disappearance 1081
2.
Brother's Effectiveness 1082
3.
Lottery 1082
4.
Amnesty 1083


Part 3: Security Disposition Theory
Chapter 1 General Theory of Security Measures

Section 1: Significance and History of Security Measures 1087
Ⅰ.
The significance of security measures 1087
Ⅱ.
History of Security Measures (☆) 1088
1.
A late 19th-century design for preventive purposes: the preliminary draft of the Sitos (1893) 1088
2.
Monistrative and Dualist Criminal Sanction Concepts 1089
Section 2: Theory and Conditions for Justification of Security Measures 1092
Ⅰ.
Justification for Security Measures 1092
1.
The Need for Justification 1092
2.
Why the theoretical argument for justifying security measures is inadequate 1093
3.
Theoretical Attempts to Justify Security Measures 1095
Ⅱ.
Conditions for Justifying Security Measures Required by the Constitution 1097
1.
Security Disposition Legality Principle 1097
2.
Principle of Proportionality 1097
3.
Crime of Clue as a Prerequisite 1098
4.
Risk of Recidivism 1099
5.
Judicial Disposition 1099
Section 3: Types of Security Measures and Enforcement Methods 1100
Ⅰ.
Security Disposition Type 1100
1.
Personal and material security measures 1100
2.
Security measures for deprivation of liberty and security measures for restriction of liberty 1100
3.
Security measures as alternatives to punishment and security measures as supplementary to punishment 1101
Ⅱ.
Legislative Attitude on the Enforcement of Penalties and Security Measures 1101
1.
Military Attention 1101
2.
Substitutionism 1102
3.
Diversification of enforcement methods and order under the dual sanctions system 1102
Ⅲ.
Boron: Distinction between deprivation of liberty and criminal punishment (imprisonment) 1103
1.
Problem Statement 1103
2.
The European Court of Human Rights' Position on the Relationship Between Security Measures Depriving Liberty and Punishment 1103
3.
Engel-Doktrine 1104 on the Punitive Character of State Coercion
Chapter 2 Security Measures System under Current Law

Section 1: History of the Korean Security Disposition System 1106
Ⅰ.
Introduction of security 'dispositions' and transition to a security 'penalty' system 1106
1.
First Security Measure 1106
2.
Strengthening of Security Penalties after the Abolition of the Social Security Act 1106
Ⅱ.
The Renaissance of Security Measures and Beyond 1108
1.
Security Disposition Renaissance 1108
2.
Recent Trends in Criminal Policy Related to Security Measures 1108
Section 2 Security Measures System under Current Law 1109
Ⅰ.
Protective measures under the Juvenile Act 1109
1.
Significance and Content 1109
2.
Problems and Improvement Measures 1109
Ⅱ.
Security Observation 1110 under the Security Observation Act
1.
Significance and Content 1110
2.
Problems and Improvement Measures 1111
Ⅲ.
Security measures under the Act on Treatment and Custody, etc. 1112
1.
Treatment supervision 1112
2.
Probation 1113
3.
Treatment Order 1113
Ⅳ.
Personal Information Disclosure System 1114
1.
Significance and Content 1114
2.
Problems and Improvement Measures 1115
V.
1116 Restrictions on employment, occupational prohibitions, etc.
1.
Significance and Content 1116
2.
Problems and Improvement Measures 1116
Ⅵ.
Electronic Device Attachment Order (So-called Electronic Supervision System) 1117
1.
Significance and Content 1117
2.
Problems and Improvement Measures 1118
Ⅶ.
Sexual Impulse Drug Treatment Order 1118
1.
Significance and Content 1118
2.
Problems and Improvement Measures 1119
Ⅷ.
Collection and Use of DNA Identification Information 1120
1.
Significance and Content 1120
2.
Problems and Improvement Measures 1120
Ⅸ.
Probation 1121
1.
Significance and Content 1121
2.
Problems and Improvement Measures 1123


Item Index 1125

Preface to the 10th Edition

As I went through the process of preparing the 10th edition of 『General Theory』, following the 9th edition, I became a manual laborer in the true sense of the word.
I've never sat with my butt planted in my chair longer than this, my fingers diligently tapping away at my laptop keyboard.
But it is still insufficient.
It is not an empty statement to say that one does not know anything properly.
Even though the process of finishing things up is roughly completed, countless unresolved issues remain in my head.
For readers who haven't purchased the 9th edition, I feel a mixture of gratitude and a delusional sense of indebtedness for not buying it.

Looking back, the evidence of the greed and abuse I had in the 9th edition was overflowing.
I tried to get rid of the evidence and reduce my guilt.
From small words to complex descriptions, the process of replacement, omission, deletion, and addition was repeated.
The typos and inscriptions that hid here and there and then appeared like ambush attacks were rather a relief.
I would like to take this opportunity to sincerely apologize to my readers.

Not everything was hopeless.
There were also thank-you emails for providing a systematic approach to criminal law, and encouraging emails expressing interest in the importance and contemporary significance of the criminal system theory I emphasized, as well as the method of legal discovery through post-criminological jurisprudence.
Thanks to this, we were able to complete the revision work that began in February of this year, even during the July heat wave, which was worse than last year.
The revision process was initially initiated with the aim of boldly deleting and condensing the extravagant descriptions.


However, as I mentioned earlier, I had to postpone that plan as I was focusing on reducing the amount of culpable evidence left in the 9th edition.
Still, I would like to dare say that there are some areas where things have improved.
In the theory of constitutive elements, we attempted to explain the theory of the essential nature of negligence more clearly by distinguishing between the norms of caution and the norms of criminal law, and further refined the explanation of the theory of causality and objective attribution.

In the theory of illegality, the basic theory of illegality is practically a new one.
In addition, while organizing the Korean dogma of illegality that the Supreme Court developed through the social norms clause—something that the criminal law community failed to achieve—an attempt was made to theorize the criteria for judging illegality by more closely linking the theory of illegality with the question of what law is at the level of legal philosophy.

In the theory of responsibility, the question of what the substantive basis for the additional blame for criminal liability on the actor who committed an illegal act is was changed to the theory of criteria for determining responsibility, thereby attempting to more clearly reveal the normative approach to the concept of criminal law.
With the recent retrial ruling confirming their innocence, we have attempted to point out the problems with the doctrine of “self-inflicted coercion” that formed the basis for their convictions for espionage in the 1960s and 1970s, more accurately than in the 9th edition, in response to the voices of the abducted fishermen who said, “Please don’t let my guilty verdict be cited as a precedent in textbooks anymore.”

Regarding the theory of punishment, which I have had the most trouble with and had the most difficulty organizing systematically, I wanted to at least clearly show the reasons for supporting the theory of punishment that I follow, and my belief that the theory of punishment should not be an independent theory unrelated to the theory of crime.
These efforts were a process of confirming my identity as a scholar who was conducting criminal law based on scientific doubt rather than religious belief.

The 10th edition was no exception to the previous position being changed in successive editions.
The possibility of establishing joint criminality in a negligent crime has long been held to be negative, but starting with the 10th edition, it was changed to a positive theory.
This is because I believe that, rather than unconditional opposition that does not reflect realistic necessity, we should maintain the method of legal discovery that reduces the possibility of abuse by more precisely refining the legal principles that affirm it.

In particular, the direct trigger for the change in position was that the Supreme Court, in the 'Humidifier Disinfectant Case', demanded of each participant 'joint recognition of the duty of care' in addition to 'contact with a doctor' in order to supplement the previous position of the joint act theory.
According to the post-legal methodology of legal discovery, it was thought that the Supreme Court's attitude could not be dismissed as a mere criminal 'policy'.
Of course, doubts about the Supreme Court's position have not been completely eliminated.
I only hope that the Supreme Court, which has easily recognized accomplices in negligent crimes without any high hurdles for over 60 years, will not stop at presenting a tailored legal doctrine that grants immunity only to the defendants (corporate executives) in the humidifier disinfectant case.
From this perspective, it seems that criminal law's skepticism toward case law should become more severe, and its surveillance network should become tighter.


As is always the case with everything in life, as we age, we will inevitably be treated as a replacement workforce, but until that day comes, we will continue to refine and organize ourselves.
We will make it clear that what is academically important is also important to our readers, and we will distinguish between what is truly important and what merely appears important.
After the old shaman 'Munsu' learns that the spiritual power of the long-lived grandmother, which he had maintained through 30 years of effort, has been transferred to the 20-something new shaman 'Shin Ae-gi', he "embraces a reality that transcends him" but "recognizes his own truth based on his own standards" and "the wonder of the scene where he finally opens his eyes after being subjugated and burns with passion to confront the world" (quoted from Seong Hyeon-ah's commentary on Seong Hae-na's short story 'Honmono' [『2024 15th Young Writer's Award Winning Works Collection』, Munhakdongne (2024), pp. 291-293].
As shown…

Midsummer 2025
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