Detailed Information

Cited 0 time in webofscience Cited 0 time in scopus
Metadata Downloads

피고인과의 재혼과 간통고소의 효력Remarry of Accuser and Accused & An Effect of Complaint of Adultery

Other Titles
Remarry of Accuser and Accused & An Effect of Complaint of Adultery
Authors
이경열
Issue Date
Dec-2010
Publisher
성균관대학교 법학연구원
Keywords
간통죄; 친고죄; 고소의 취소기간; 고소의 주관적 불가분의 원칙; 대법원 2009도7681판결; Adultery; an offense subject to complaint; Rescission period of a complaint; Principle of subjective indivisibility of a complaint; Supreme Court Decided on December 10; 2009; 2009Do7681; Adultery; an offense subject to complaint; Rescission period of a complaint; Principle of subjective indivisibility of a complaint; Supreme Court Decided on December 10; 2009; 2009Do7681
Citation
성균관법학, v.22, no.3, pp 267 - 294
Pages
28
Journal Title
성균관법학
Volume
22
Number
3
Start Page
267
End Page
294
URI
https://scholarworks.sookmyung.ac.kr/handle/2020.sw.sookmyung/13312
DOI
10.17008/skklr.2010.22.3.011
ISSN
1229-943X
Abstract
The aim of this paper is to examine the Supreme Court decision on December 10, 2009, 2009Do7681. Specifically, this adultery case agree that Supreme Court Decision on June 24, 1975(No. 75Do1449Unanimously Agreed Verdict) previously sentenced rejection of the statute,when the divorce suit is withdrew or the accuser remarry with the accused again. It is covered in Article 229, Section 1, 2, of the Criminal Procedure Act. 'Rescission' in criminal law, however, differentiates from the 'Rescission' in civil law, that is, 'Revocation' in civil law. Accordingly,'Rescission' in criminal law will not admit retroactive punishment such as our civil law. It must admit, especially when it obviously violates Principle of subjective indivisibility of a complaint, for the crime indictable upon a complaint(Article 233) and rescission period of a complaint(Article 232, Section 1). From this point of view, I think that the judgment of Korean Supreme Court is unjust. Therefore, I examined measures to extenuate unfair punishment,although adultery is provided in the criminal law as a crime of dual punishment(Article 241, Section 1). I reviewed the various remedy in criminal procedure act for the other party of this adultery case, that is,grounds to appeal the court's decision, but I found that there is no remedy in either case. It, of course, is very important to keep the final ruling from legal stability of view. But it seems like that the Supreme Court lost its opportunity to reconsider the resolute ruling which have been hold since 1975(No. 75Do1449 Unanimously Agreed Verdict). The Supreme Court has to fully understand a goal of the criminal justice system and then they should be anticipate what the precedent's effect on actual work. For this reason, this judgment is lack of considerations about a highly sophisticated theory and reality situations. In connection with the criminal law amendment, it's a good thing that an active discussion about the deletion of adultery, in every ways of iniquity of real work and the theoretical problems of adultery.
Files in This Item
There are no files associated with this item.
Appears in
Collections
법과대학 > 법학부 > 1. Journal Articles

qrcode

Items in ScholarWorks are protected by copyright, with all rights reserved, unless otherwise indicated.

Altmetrics

Total Views & Downloads

BROWSE