위증범죄에 대한 효과적 대처방안

Abstract

In the course of dealing with the so - called ‘Choi Soon - sil administration’, many problems were exposed in the legal system of korea. A typical problem exposed in this case was the perjury of the witnesses. From this case, many problems related to perjury have become a social concern. In Korea, criminal offenses are perpetrated in special laws such as the National Security Law as well as the criminal law. Article 152 of the Korean Criminal Code provides the following. Article 152(Perjury, Malicious Perjury) (1) A witness who, having sworn according to Acts, gives false statement, shall be punished by imprisonment for not more than five years or by a fine not exceeding ten million won. (2) As regards a criminal or disciplinary case, a witness who, for the purpose of causing injury to an accused, or a criminal, or disciplinary suspect, commits the crime of the preceding paragraph shall be punished by imprisonment for not more than ten years. Nevertheless, the problem of perjury is constantly being raised, Therefore, it is difficult to cope with a perjury crime only by the provision of perjury of criminal law. The solution to this problem lies in legislative improvement. Also strict sentencing is required. If it is difficult to introduce a new system right away, In the short term, the general precautionary effect should be improved by revising the legal form of perjury. And in the long run, it is necessary to reorganize the system of perjury. Among the systems discussed above, the introduction of the jurisdictional obstruction or misrepresentation in US federal law has a lot of controversy regarding the Korean criminal law system. Therefore, the introduction should be carefully considered. It is necessary to introduce the ‘false statement without oath’ or ‘negligence perjury’ prescribed in the German Criminal Code. However, the premise is that the perjury of special law is incorporated into the penal code. In particular, the introduction of a “negligence perjury” does not conflict with the protection of the judicial function of the state, which is the protection legal right of perjury. In addition, negligence perjury can be regarded as a system capable of appropriately responding to perjury crimes.