공무의 판단기준과 업무방해죄

Abstract

The Criminal Act of Korea has classified the crime into crimes of obstruction of business and crimes of obstruction of enforcement of public affairs: The former has been organized to be private legal interest, while the latter has been done to be governmental legal interest. Therefore, private affairs can be separated from public affairs of the government in appearance. And, recent judicial precedent of 2009DO4166 of the Supreme Count has classified such a thing clearly. In other words, the judicial precedent has regulated that the crime of obstruction of business can be separated from the crime of obstruction of enforcement of public affairs in accordance with the Criminal Act to divide the affairs into private affair and public affair: The one who can obstruct legal enforcement against public servants by violence, threat and deceptive plan shall be punished so that public affairs of the object cannot be punished in accordance with crime of obstruction of business to clarify the crime clearly. From point of view of common people, however, areas that may be difficult to classify them into private affairs and public affairs are gradually increasing. This paper examined relations between affairs according to the Criminal Act and public affairs from point of view of such a problem awareness, and it investigated whether or not no inclusion of the crime of obstruction of business can be appropriate legally or from point of view of social concept. And, the paper examined effects of cognition of common people upon legal interpretation to reestablish relations between crime of obstruction of business and crime of obstruction of enforcement of public affairs.