재산범죄에서 친족상도례 조항 개정 방안 연구

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한국형사ㆍ법무정책연구원 · 2024년 12월 31일

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• 국문요약 ······················································································ 1
  제1장 정유나
  서 론 ··························································································· 3
  제1절 연구의 필요성 및 목적 ····································································· 5
  제2절 연구내용 및 연구방법 ······································································ 7
  제2장 정유나
  친족상도례의 의의 ······································································ 9
  제1절 친족상도례 개념 ············································································· 11
  제2절 친족상도례 관련 규정에 대한 분석 ················································· 16
  1. 친족상도례 규정의 연혁 ·······································································16
  2. 현행법 상 친족 간 특례 규정 ································································19
  제3절 친족상도례 규정의 문제점 ······························································ 22
  1. 광범위한 인적적용범위와 대상범죄 ······················································22
  2. 형사특별법에 적용 문제 ·······································································23
  제3장 정유나
  친족상도례에 대한 기존 논의 ··················································· 25
  제1절 헌법재판소 결정 ············································································· 27
  1. 헌법재판소 2012. 3. 29. 선고 2010헌바89 전원재판부
  [형법제328조제1항위헌소원] ·····························································27
  2. 헌법재판소 2024. 6. 27. 선고 2020헌마468, 2020헌바341,
  2021헌바420, 2024헌마146(병합) 전원재판부 결정
  [형법 제328조 제1항 등 위헌확인 등] ·················································28
  3. 헌법재판소 2024. 6. 27. 선고 2023헌바449 전원재판부 결정
  [형법 제328조 제2항 위헌소원] ··························································31
  제2절 대법원 판례 ···················································································· 32
  1. 대법원 판례 ··························································································32
  2. 판례의 분석 ··························································································38
  제3절 입법안 검토 ···················································································· 39
  제4장 정유나 ㆍ 선종수
  주요국의 친족상도례 규정에 대한 비교법적 검토 ···················· 55
  제1절 형법에 친족상도례 규정이 있는 국가 ·············································· 57
  1. 독일 ·····································································································57
  2. 오스트리아 ···························································································60
  3. 프랑스 ··································································································61
  4. 대만 ·····································································································63
  5. 일본 ·····································································································78
  6. 스위스 ··································································································81
  7. 소결 ·····································································································82
  제2절 친족상도례 규정이 없는 국가의 경우 ·············································· 85
  1. 스웨덴 ··································································································85
  2. 중국 ·····································································································87
  3. 소결 ·····································································································98
  제5장 정유나
  친족상도례 규정의 개정방안 ·················································· 101
  제1절 현대적 의미에서 가족 개념의 변화 ··············································· 103
  제2절 친족상도례 규정의 개정방안 ························································ 105
  1. 제328조를 친고죄로 개정하는 안 ······················································105
  2. 제328조 제1항을 반의사불벌죄로 개정하는 안 ··································109
  3. 친족상도례 대상범죄를 축소하는 안 ··················································110
  4. 친족상도례 규정에서 친족범위를 제한하는 안 ···································111
  제3절 보론 ····························································································· 114
  제6장 정유나
  결 론 ······················································································· 117
  참고문헌 ················································································· 123
  Abstract ·················································································· 125

기본정보

ISBN	9791194631262
발행(출시)일자	2024년 12월 31일
쪽수	126쪽
크기	171 * 252 * 8 mm / 380 g
총권수	1권
시리즈명	연구총서