항공안전관련법 등에서의 과실범 및 결과적가중범에 대한 연구

A Study on Negligence and Causally Aggravated Penalty in Aviation Safety Law and Military Criminal Law

In case of criminal negligence and causally aggravated penalty in Aviation Safety Law and Military Criminal Law, the scope of criminal requisites is too wide and the punishment is too severe considering the blamable degree. Especially, in case of causally aggravated penalty in Aviation Safety Law, the criminal requisites should be amended considering the condition of existing person and removing the ambiguity, in addition it should be modified classifying the expanded result into an injury case and a death case and specifying the penalty respectively. On the other hand, in case of negligently destructing or missing the military property in Military Criminal Law, the scope of application needs to be limited and the legislative blank at the causally aggravated penalty for the brutality in Military Criminal Law should be supplemented legislatively.