법률적 무효와 이미 존재했던 사실상태의 형법적 취급

Abstract

This article deals with the meaning of the Nullification in criminal perspective, if existed legal status is a criminal requirement in spite of the legal annulment by the Court. Interestingly Korean Supreme Court ruled conflict judgments in two months. The judgment on March, 2014, even employed as a civil servant is invalid, when this person who act as a civil servant receiving bribes out the conclusion that those on bribery. However, the judgment on May, 2014, the same court makes the decision that if the local government’s admission of corporation establishment is nullified then the state of officers of that corporation always nullify. So these once officers of the corporation is not the subject of punishment. Even though all the two judgments already seen the legal relationship existed invalid, but the judgment on March focused on the fact that the visible on the outside and the existed status. On the other hand, the latter’s decision seems to have decided that the effects of the legal invalidity and it is more important. This article will be analyzed in terms of the latter’s decision to criticize the majority opinion of the Supreme Court, with doubts of whether ‘invalidity’ means ‘not really exist’ and the remains of the real world is really meaningless in criminal perspective.