過失犯 = Negligent Crime

다국어 초록 (Multilingual Abstract)

In criminal law the crime which is recognized in principle is the intentional-consummated crime, but the negligent crime and the attempted crime are recognized in case of having a regulation of punishment with the exception.
That's because, the negligent responsibility is recognized in private law, but the responsibility in criminal law is recognized on intentional crime only.
And so, the punishment of the negligent crime is recognized on partial crime in the present criminal law.
Notwithstanding, the serious discussion about the negligent crime in nowadays is on account of following two problems.
First, the occurance in the negligent crimes are increased in number with the high and rapid development of technical civilization of up-to-date.
For example, by all kinds of traffic accidents beginning with automobiles and all kinds of accidents by other mechanical civilization courting danger, and so, the occurance rate of negligent crime is raising now. This to be social problem with the crime of pollution.
Second, it is the revolution of criminal theory about the ngeligence.
In the past the negligence was regarded as a responsibility-form but, in today's criminal theory, the negligence has to be discussed on the stage of the 'Rechtswidrigkeit'.
That's because, the 'Rechtswidrigkeit' is not regarded as a 'result-worthlessness' but, regarded as a 'actworthlessness'.
This assertion was suggested for the first time by the scholars who assert the 'finale Handlungslehre' and nowadays it influences to many scholars.
And, in the content of negligence, the structure of the 'Sorgfaltspflicht' can be divided into the 'subjective-element' and the 'objective-element'.
The former suggests with priority to the actors, 'Zumutbarkeit' of the subjective result-occurance and the possibility of the subjective result-prevention, the latter suggests 'Zumutbarkeit' of the objective result-occurance and the possibility of the objective result-prevention.
The objective 'Zumutbarkeit' and the objective prevention-possibility have to be valued standardizing the general social man.
And so, the objective 'Zumutbarkeit' and the objective prevention-possibility are regarded as a element of illigality and a element of 'Tatbestand', the subjective 'Zumutbarkeit' and the subjective prevention-possibility are to be a element of responsibility which can blame to actors.
And permitted theory of danger is applied to the objective 'Zumutbarkeit' which standardizing the general social man.
On account of there are many kinds of dangers in high and rapid development of material civilization, a certain extent of danger is legally permitted to actors.
Otherwise, we can't lead a social life with mordern conveniences.
Therefore, the conception of negligence is narrowed than before.
And yet, the occurance of negligent crimes are on the increase in number.

목차 (Table of Contents)

• Ⅰ. 머리말
• Ⅱ. 過失理論의 體系的인 문제
• Ⅲ. 過失理論의 構造
• Ⅳ. 結 語