조직 내 배후자의 형사책임과 형법 제34조의 재음미

Criminal liability of wirepuller within organization and reexamination of criminal code article 34

In the past, when dealing with such a crime, the criminal liability of an individual that instigated or instructed the crime is rarely considered. Only an individual that directly committed the crime is usually considered for his/her liability. Therefore, this dissertation focuses on the criminal liability of wirepuller within an organization and criminal code article 34. The order of this dissertation is as follows. First, briefly assessed the concept of “wirepuller” within an organization, the current regulations on organized crime, and the relation between the criminal liability of organization and individual. Second, in cases of the so-called “organizational domination”, briefly surveyed various theories, including the ones advanced in Germany and Japan, which deal with the question of whether a wirepuller is responsible as a principal offender. In conclusion, a wirepuller may have possibilities of becoming a principle offender through innocent human agent, joint principal offender or aninstigator. Lastly, based on the previous discussions, reviewed and stated my personal views on the current debate over the revision of the criminal law of Korea(specially, criminal code article 34) associated with the issue of criminal liability of wirepuller within an organization.