피의사실공표의 형법적 정당화에서 민사판결 법리 원용의 불합리성

The Irrationality of the Use of the Civil Judgment in the Criminal Justification of Public Announcement of the Suspected Crime

This paper critically analyzes the purpose of the Supreme Court’s civil judgment, which is being used in reviewing the reasons for illegality in Article 126 of the public announcement of criminal law in many papers, from a criminal law perspective. Through this review, I would like to point out that the purpose of this civil judgment is that it cannot be used in judging the grounds for the criminal offense of prosecution. Although the Korean Penal Code states that it is not possible to publicize the facts of the crime until the lawsuit was filed against the person concerned, the provision has not been applied and forgotten in the past 60years. However, in recent years, there has been a move towards the active application of this regulation. At this point, the indiscriminate use of civil judgments only makes the application difficult for the active application of Article 126 of the Criminal Code.