업무방해죄에 있어서 업무의 개념 - 위력에 의한 공무집행방해시 업무방해죄 성립여부

Abstract

When people fought against governmental authority by power, the police booked them on suspicion of disturbance crime of affairs, not obstruction crime of the performance of official duties. because as behavior types the former included the word “power”, while the latter included only the word “assault and threat”. and the police interpreted that the word “affairs” in disturbance crime of affairs included the word “official duties” in obstruction crime of the performance of official duties. but recently The Korea Supreme Court judged that could not agree with the police`s opinion. I think The Korea Supreme Court judged illogical in some viewpoint of literally and unitedly interpretation of the word “affairs”, the need for protection of the performance of official duties, a gap of behavior types between disturbance crime of affairs and obstruction crime of the performance of official duties, the meaning of law-making in obstruction crime of the performance of official duties, cases of The Japan Supreme Court's ruling, difficulty in the performance of official duties at the scene of the accident etc. Thus, to punishment for obstruction of the performance of official duties by power, we have to enact the word “power” as behavior types in obstruction crime of the performance of official duties. Before the word “power” enact, the word “affairs” in disturbance crime of affairs must be interpreted that included the word “official duties”.