자초위난에 관한 형사법적 고찰

Abstract

The Self-Incurred Necessity does not directly defined in Korean Criminal Code unlike the German Criminal Code. So far, various theories have been argued about the Self-Incurred Necessity. These theories emphasize how to deal with intentions and negligence in the event of a disaster. Article 22 of the Korean Criminal Code does not impose any limitation on the cause of the violation, so it is appropriate to limit the violation of the violence through the interpretation of a considerable reason, regardless of whether it is a defendant or a negligent person. The existence of a considerable reason here serves to limit the application of the emergency evacuation of the flood hazard. Especially, consideration of self-reliance appears mainly in profits, but it can also be seen through the principle of supplement. In other words, a person who deliberately evicts an emergency evacuation situation from the outset for the purpose of not being punished by an emergency evacuation is not fraudulent, even if it intends to preserve its inherently superior interests. Emergency evacuation situations can be predicted. Emergency evacuation can be established if it can be foreseen but can not be avoided, but emergency evacuation can not be done because the supplement is not recognized when it can be avoided.