재산범죄에서 친족상도례 조항 개정 방안 연구
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작가정보
목차
- 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
|
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| 총권수 | 1권 | ||
| 시리즈명 |
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