다문화가정에서 미성년자약취 및 국외이송죄의 문제

Abstract

In this paper, the Korean Supreme Court Grand Panel's Judgement on the criminal case of the female Vietnamese defendant is reviewed. The defendant married a korean husband, moved into Korea and gave birth to a son. Because of the some problems with her husband and his family, the defendant went back to her country with her 13 months old son, without her husband's consent. The defendant was charged with child kidnapping and deportation. But the first instance court, the appellate court and the supreme court declared that the defandant was innocent. The contents of this paper is consisted of as follows : The object of Review : The 2010 Do 14328 Judgement of Korean Supreme Court's Grand Panel on 20. June 2013. : its' fact and judicial process. The Review : I. Introduction II. The bascic Principle of Interpreting the crime of child kidnapping III. Die Tatbestandmäßigkeit 1. the problem of Rechtschuts 2. the problem of offender 3. the problem of criminal act 4. the problem of mens rea IV. Dei Rechtfertiingsgründ und Die Entschuldigungsgründe V. Conculusion