위험사회와 과실의 공동정범
Co-principals of Crime by Negligence in Risk Society
김재희
초록
Today, the technological development and the increase of intimate relations among social structures augment danger. The civilization made lots of sources of danger in consideration of it and having uncertain features, sources of danger are unpredictable. The criminal law guarantees security of citizen, especially it focuses on environment; narcotic, traffic, manufactures and medical care. Nowadays, almost theories of criminal law base on the deliberate offense . However, I would like to discuss on whether we presume the accomplice of negligence in perceiving lots of accidents occur as the negligence, 'co-principals of Crime by negligence' frequently occurs as many as 'deliberate conspiracy'. According to the Korean penal code 30th , the co-principals of crime is committing in conspiracy over two, so it is possible to construct as the positive term and negative vice versa. Could you submit the theory about usual the deliberate offense and deliberate co-principals of crime for settling the question about requisite and purview of co-principals of Crime by negligence?Therefore, I approached to solve as it requires the new benefit and protection of the law from a different standpoint. We can figure the profit and loss out the view of co-principals of Crime by negligence. I checked up the change of precedent , relation between 'the co-principals of Crime by negligence', and 'simultaneous crimes' and approved requisite. It is wonder wether co-principals of Crime by negligence own responsibility is presumed as whole or not. But, it is not resonable because the co-principals of Crime by negligence joint the constituent requisite of tort not individual reproach of obligation. This solution is not pertinent because the criminal negligence is different from deliberate offense in lawful complete structure. Also, finding of 'the co-principals of Crime by negligence' is not issue of the theory of obligation that which one concretely raises tort among escheat of subjects. Focusing on the result, it is certain that an effect is raised by all volunteers. Accordingly, the act among escheat of subjects can not separate when they are intimately associated with together. From this point of view, it regards as appropriate that the co-principals of Crime by negligence lies. Moreover, I checked up the change of precedent , relation between 'the co-principals of Crime by negligence', and 'simultaneous crimes' and approved requisite.