배임죄의 ‘임무위배행위’ 개념 및 그 판단표지에 대한 고찰 - 배임죄의 불법론 [1] -

Abstract

The breach crime of trust is a crime that constitutes 'property damage (unlawful consequences)' through 'mission violation (unlawful conduct)' of the office manager. However, in the illegal structure, the illegality of the act of breach does not result from any form of act directly related to property interests as an object of conduct, but from the trust relationship between [other handlers] formed through office work and the 'mission' formed on the premise of the 'violation'. Therefore, it is distinguished from other property crimes (e.g., theft, robbery, fraud, blackmail, embezzlement, etc.) that derive illegality from acts directly related to property. Therefore, in order to limit or reduce the scope of punishment, it is necessary to clarify the punishment of the punishment that is the former system is necessary. In order this end, the "The trust relationship relationship between the "Live surface) and the contents of the existing trust relationship, and the contents should be established. Also, interpretation theory that clearly restrictions of "breach" is necessary to clarify the act of "the legal Decree and contract" is necessary to clarify the act of breach of breach of crime. It is also desirable from the perspective of the criminal law to clarify the nature of the breach of trust by limiting the concept of damage to 'defeat', narrowing the illegality of the breach of trust and the scope of its responsibility. Furthermore, considering that there is no illegality of outcome in the case of 'non-damage-free breach of duty' and the illegality of conduct as a property crime is faint, it is desirable to convert it into a criminal offense under the criminal law and hold criminal responsibility through consideration of the content, seriousness, and degree of violation of the duty, and to discuss liability for damages by acknowledging illegal acts under the civil law.