유·무죄 판결문 분석을 통한 직권남용죄의 판단기준에 관한 구체적 고찰

다국어 초록 (Multilingual Abstract)

It has been highly concerned about the growing cases related toGeneral authority, Abuse of official authority, Matter of no obligation, Breach of rights, Correlation the crime of abuse of official authority articulated in the Article 123 of the Criminal Act; the cases have exploded since the affairs of a nation in 2016. This paper investigates this issue in the following order: to clarify the condition of the crime of abuse of official authority; to analyze guilty and innocent judgment; and then to give a clear standard for the crime of abuse of official authority. Through discussing this problem, this paper attempts to point out that applying a strict standard of this crime not only exacerbates public officers’ welfare problem but hinders the creative administration, thereby producing negative effects on our society.
Analyzing 14 cases of guilty judgment and 15 cases of innocent judgment, this paper found the following standards generally applied for the crime of abuse of official authority: first, whether the act of defendant violates the general authority however it is defined; second, whether there was an abuse of authority beyond his obligation; third, whether the act of defendant infringing a right of others; fourth, whether there was an obvious correlation between the act of defendant and infringement a right of other; lastly, whether the defendant has an obvious intention to violate the rule. Since the literal and legal meaning of ‘the crime of abuse of official authority’ is far from clear, this study’s approach, which interprets cases closely, is well granted. This study will help to set up the concrete standard for this crime, thus alleviating not only administrative problems but also public officers’ wellbeing.