지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
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This paper examines both the possibility of co-offenders by negligence and the adequacy of their prerequisites set forth by supporters until now. As for a deliberate offence, sharing criminal purpose with one another is regarded as the inevitable basis of collective responsibility. However, any criminal intention can't be found in crime by negligence. It is for this intrinsic attribute of negligence that not a few theorists have made the objection to convict the accused of co-offender by negligence.
Nevertheless, courts have admitted the possibility of co-offenders by negligence in South Korea from 1960's. Several supporting cases of Supreme Court are reviewed in this paper, and the theories of for and against co-offender by negligence are also evaluated here. This paper agrees with supporters in principle, but the detailed contents of pro-theory are different from others. Especially, the prerequisites of co-offenders by negligence are newly rebuilt for more rational control of their application.
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