재물과 재산상 이익에 대한 합리적 해석론

Abstract

Korean Criminal Law uses the terms such as property, thing and propertyprofit(Vermögensvorteil) in many provisions. So it is very important to find out theexact meaning of these terms in order to interpret property crimes reasonably. The purpose of this paper is to critisize the attitude of Korean Crimianl Court and theconventional views toward the meaning of these terms and to suggest the reasonableway to interpret the korean property crimes. The contents of this paper is as follows :

I. Introduction II. The Comparison of the Concept of the Property with That of the ‘Thing’ 1. The Concepts of the Property and the Thing 2. The Relationship between the Property and the Thing III. The Concept and the Scope of the Property Profit(Vermögensvorteil) 1. The Concept of the Property Profit 2. The Legal and the Economic Concept of the Property Profit 3. The Critics IV. The Relationship between Property and the Property Profit 1. The Debating Points 2. The Critics V. Conclusion The Conclusion of this paper is as follows :

First, To interpret that ‘the property’ and ‘the thing’ are of same meaning is theforbidden analogy in criminal law. Second, The property and the property profit should be interpreted consistentlyfrom the economic view point. Third, The property and the property profit cannot be a alternative. The propertyshould be a special form of the property profit.