판례사안을 통해서 본 과실범의 체계적 구성

The comprehensive structure of criminal negligence viewed via case issue concerning criininal negligence with awareness and criminal negligence without awareness

The content of Korean criminal negligence cases can be summarized by judging the existence or non-existence of the professional criminal negligence contingent towhether the duty of care existed. However, no systematic issues have been raised concerning the structure of criminal negligence. Although there is a case distinguishing criminal negligence with awareness from criminal negligence without awareness (Supreme Court 1984.2.28.83도 3007)，it falls short of an in-depth legal judgment. The judgment of the culpability and need of criminal negligence punishment is lacking concerning criminal negligence or the structure of criminal negligence. The legal and detailed judgment is insufficient by simply looking at the existence or nonexistence of professional criminal negligence and disclosing the reason for criminal liability is also lacking. While domestic scholars are usually interested in distinguishingthe problem of criminal negligence with awareness from gross negligence, it is an overstatement to say there is no problem in light of the reality of our failing to divide the two concepts and by legislating them. Concerning criminal negligence, the result is that the illegal structure of criminal negligence with awareness and gross negligence are the same. Also, with regards to criminal negligence without awareness, the actor s practical goal in connection to a specific situation at the time of his action can be seen as grounds for the illegality of criminal negligence. In any case, this article will try to the comprehensively examine the illegal structure of criminal negligence and criminal negligence with awareness and criminal negligence without awareness through the two kinds of supreme court issues.