정당방위와 제3자

이훈동 ( Lee Hoon-dong ) 한국외국어대학교 법학연구소 2009 외법논집 Vol.33 No.3

The behavior to defend the present illegal violation of self-benefit of law or others' benefit of law is recognized as the self-defense against the violator. In case that the defense result happens to the third man except the violator, the self-defense is not admitted for the third man. We need to discuss these kinds of issue in terms of self-defense and urgent necessity and examine case by case. The first type shows that when the violator who takes advantage of the third man's belongings makes an attack, a defense action by the defender damages the third man's belongings. This means that the defender damages the third man's belongings. Because the third man's belongings form a part of violation action, the self-defense is recognized in this case. The second type is that in order to avoid the violator's attack, the defender damages the third man's belongings by using them. In this case, the law-benefit violation of the third man is caused only by the defender's action. The defender's behavior is to escape danger by the violator's attack. The relationship between the defender and the third man corresponds to the urgent escape. The third type indicates that the defender's behavior happens to the third man other than the violator. For example, A who takes a knife attacks B, and B throws a stone to A. However, B does damage to C who walk across the street accidentally. In this case, when the self-defense against the violator is concluded, the urgent escape is admitted for the third man. When the self-defense against the violator does not happen, it is regarded as the criminal negligence.

중지범에 있어서 미종료미수와 종료미수의 구별기준

이훈동(Hoon Dong Lee) 한국비교형사법학회 2001 비교형사법연구 Vol.3 No.2

N/A

객관적 귀속론과 위법성조각

이훈동 ( Lee Hoon-dong ) 한국외국어대학교 법학연구소 2014 외법논집 Vol.38 No.1

Neuerdings wird versucht, die objektive Zurechnung auch bei Rechtfertigungsgrunden zur Geltung zu bringen. Das alles leuchtet im Ansatz ein, Denn Tatbestand und Rechtswidrigkeit ergeben erst zusammen das Unrecht. Vollendungsunrecht aber liegt nicht vor, wenn der Erfolg bei ordnungsmäßigem verhalten (Warnschuss, Aufklärung, Antragstellung) ebenfalls eingetreten wäre, das Fehlverhalten des Täters sich also mit Sicherheit nicht ausgewirkt hat. Die Rechtswidrigkeit des Täterverhaltens bleibt aber in solchen fällen bestehen, und auch eine Versuchsstrafbarkeit kommt ggf. in Betracht. Außerdem sollte man es mit der hier vertretenen Risikoerhohungstheorie fur eine Zurechnung zum vollendeten Unrecht genugen lassen, dass das Täterverhalten nur möglicherweise zu einem unrechtmäßigen Erfolggefuhrt, d.h. das Risiko seines Eintritts bei einer Beurteilung ex post erhöht hat. Es sollte also schon wegen vollendeter Tat bestraft werden, wenn in den genannten Beispielen der Warnscuss nur eine reelle Chance der Todesvermeidung geschaffen, die Aufklärung nur möglicherweise zur Einwilligungsverweigerung gefugrt hätte und wenn der Antrag vielleicht abgelehnt worden wäre. Im Einzelnen bedarffreilich die Lehre von der objektiven Zurechnung im Rahmen der Rechtfertigungskategorie noch weiterer Ausarbeitung, die jeden Rechtferigungsgrund und jedes einzelne seiner Merkmale unter dem Gesichtspunkt hypothetischen Alternativverhaltens untersuchen musste. Wie oben erwähnt, Roxin argumentiert. Aber Wie ich schon sagte in der Zeitung, im Gegensatz zu seinen Ansichten.

유엔ㆍ미국 등의 대테러자금관련법과 대이란제재

이훈동(Lee, Hoon-Dong) 한국중동학회 2011 韓國 中東 學會 論叢 Vol.31 No.3

Recent politics, society. religion, Sharpening ethnic conflicts in accordance with the development of science and technology as weapons of mass destruction and indiscriminate killing many and unspecified persons by the international community as well as causing fear in the social chaos in the country and nation terrorist threats and security risks to themselves and are being discussed. Particularly the risk of terrorism beyond the borders of each state combined with the internationalization of crime, should prepare a detailed response to the dangers of terrorism and international organizations, as well as to cope with major countries including the United States to raise a variety of legislative responses have tried. As part of this effort is the most important anti-terterrorism policies by 2001. 9. 11 terrorist as shown in the images caused large-scale acts of terrorism situation in probation and post-punishment alone effective terrorism measures can not be recognized under the fundamental terrorism itself, the most effective prevention, and to prevent terrorist funds blocked for various international legal and regulatory measures have tried to find laws. This paper details the resolution of international organizations and the United States at the center of sanctions against Iran focused on the legal system examined, focusing on laws of our country in the future by reviewing the legal countermeasures to be deployed in the country's anti-terrorism financing laws, is to offer the application of the basic data. To this end, prior to the recent UN sanctions and other international organizations and U.S. anti-terrorism financing legislation and related regulations against Iran, based on this attitude is examined with respect to sanctions section of the international organizations recently against Iran, the United States, and from 22 December 2008 practiced in Korea , "The law of the prohibition on financing activities for the purpose of intimidating the public" and the related sanctions against Iran review was performed.

과실행위에 의한 긴급행위

이훈동 ( Lee Hoon-dong ) 한국외국어대학교 법학연구소 2005 외법논집 Vol.18 No.-

In case of self-defense or necessity committed by negligence, intention to defense or intention to necessity, which is the subjective justification, is needed. We regard the emergency behavior committed by negligence as the violation of benefit and protection of law. As in the case of intent behavior, the intention to defense or the intention to necessity will be also needed. However, in terms of the emergency behavior committed by negligence which is not a kind of intention, we can accept it when we have a simple psychological-state to recognize emergency situation and avoid it.

죄형균형의 원칙에 관한 고찰

이훈동 ( Lee Hoon-dong ) 한국외국어대학교 법학연구소 2013 외법논집 Vol.37 No.1

Because we have not yet the substantial studies to deal with the principle of the balance of crime and punishment, we have inevitably examined them with references to the discussions of the United States and Germany. In regard to the principle of the balance of crime and punishment, the cases of the Supreme Court of the United States claim that the extreme punishment which significantly loses the balance of crime violates the Amendment 8. Statutory punishments are overly harsh in comparison with the quality of the crime and the actor’s responsibility. In case that the legislative discretion is not arbitrarily exercised against the constitutional provisions or the related principles of the constitution. The Constitutional Court of Korea holds that the heavy or light statutory punishments is related to the right or wrong issue of legislative policy. Thus, there can be a problem that the significant imbalance will have to be judged by what. Considering the precedents of the Supreme Court of the United States, we investigate ① the comparison of sentence due to the seriousness of crime and the severe attitude to crime, ② the comparison of charged sentence to other crimes in the same law area. The investigation may be noted to apply and interpret the national duty of assurance of human worth and dignity, the principle of equality, the principle of proportionality, or the principle of prohibition of excess.

스포츠에서의 상해와 형법

이훈동(Lee Hoon Dong) 한국비교법학회 2004 비교법학연구 Vol.4 No.-

The previous studies have neglected how injury in sports is treated with respect to the criminal law. In this paper, I deal with this problem and investigate it in relation to the kinds of sports. In the sports without body touching, in which body attack is not done in an international manner, they are almost settled by comparative judgement. On the other hand, in the sports with body touching, which focus on injury or somewhat have risk of injury, it will be possible that we show not only the case of violating rule by serious accident but also the case of international action.<br/> The important things as a standard are dynamism of sports, maintenance of attraction, and sufficient legal-protective harmony of sportsman body and health.

전환기의 한국 형법-사형제도의 새로운 시각-

이훈동 ( Lee Hoon-dong ) 한국외국어대학교 법학연구소 2007 외법논집 Vol.26 No.-

Not executing anyone in 2007,Korea is close to being considered a country that has abolished death penalty by the international community. However, death penalty system is existing legally and the Supreme Court keeps it. Also, law abolishing the death penalty proposed by 175 lawmakers wasn't passed but has been a pending issue. It is believed to reflect the reality people have a strong sense of justice and commit a felony continually. The death penalty system is rather inhumane because death roll prisoners might tremble with fear for not knowing when would be the day of execution as no execiiting though prisoners are sentenced to death. Also, legislative reform and abolish of death penalty are needed as death roll prisoners can’t have corrective training during waiting for execution with criminal policy. The system of death penalty suspension should be introduced as a transitional one to abolish death penalty. We need this system which includes that we should distinguish between validity of death sentence and that of executing before people are convinced of abolition of death penalty system. It also includes that we should replace death penalty with life sentence through corrective training and court’s judgment during the death penalty suspension avoiding misjudgment. It contains that execution infringes on human rights because it is possible that death roll prisoners who can be changed might be executed. When it is legally convinced that Korean people reach a consensus to abolish death penalty, we should introduce special penal servitude for life, which is more strict than the present penal servitude for life. We should introduce special penal servitude for life which the day of parole is reckoned from the 20 years after the date of executing penal servitude for life rather than penal servitude for life without parole. Moreover, we should reform regulations of criminal law to be able to assign penal servitude for life as well as special one to criminals and several offences.

기망에 의한 피해자의 동의

이훈동(Lee Hoon Dong) 한국비교법학회 2007 비교법학연구 Vol.7 No.-

선박조립과정의 FCAW 적용시 적정 보호가스 유량에 대한 연구

이훈동(Hoon-dong Lee),심천식(Chun-Sik Shim),송하철(Ha-Cheol Song),염재선(Jae-Seon Yum) 대한조선학회 2011 大韓造船學會 論文集 Vol.48 No.1