부정수표단속법상 과실범 처벌의 정당성 - 과실범 처벌규정의 입법취지를 중심으로 -

Abstract

The healthy circulation of check is largely depend on the trust in capitalistic society. For instance in case the originator issues his payment instruction by check, it is common practice for the bank of beneficiary, which is the payee, to enter a provisional credit in the beneficiary's account as soon as hi pays in the check to his bank. Thus it is necessary for modern society to protect the function of check in many ways, especially by laws. Some critics have argued that the regulation of criminalizing negligence in Dishonoured Cheques Act cannot be justifiable in that this Act imposes penalty on those who draw a dishonoured check not only with intention but also with negligence, which is against modern legal principle that intentional act should be criminalized in general and negligent act should be punished exceptionally only when there is enough justifiable grounds. This paper examined the validity of critics' arguments and concluded that we can find reasonable grounds of the regulation of criminalizing negligence in Dishonoured Cheques Act in the legislative intent of the regulation taking the backgrounds of the Act into account.