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@article{ART001317607},
author={Lee, Chang-Sup},
title={Requisites and Effects of Mistake of Law},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2009},
number={43},
pages={111-134}

TY - JOUR
AU - Lee, Chang-Sup
TI - Requisites and Effects of Mistake of Law
JO - DONG-A LAW REVIEW
PY - 2009
VL - null
IS - 43
PB - The Institute for Legal Studies Dong-A University
SP - 111
EP - 134
SN - 1225-3405
AB - According to Article 16 of the Korean Criminal Code, a person who committed a crime in mistake of law shall not be punishable only when his mistake is based on reasonable grounds. Mistake of law is recognized when a doer commits a crime without the awareness of his act's illegality. Here it is proper that the illegality in Article 16 should be understood as a violation of the criminal law. And mistake of law in Article 16 includes ignorance of law. It is supported by legislator's intentions. And reasonable grounds in Article 16 mean that a doer had not a possibility of avoidance of falling into mistake of law. Criterion of reasonable grounds is equal to that of negligence. Lastly, ‘a person … shall not be punishable’ in Article 16 means that he is not guilty.
KW - Mistake of Law;Awareness of His Act's Illegality;Reasonable Grounds;Possibility of Avoidance
DO -
UR -
ER -

Lee, Chang-Sup. (2009). Requisites and Effects of Mistake of Law. DONG-A LAW REVIEW, 43, 111-134.

Lee, Chang-Sup. 2009, "Requisites and Effects of Mistake of Law", DONG-A LAW REVIEW, no.43, pp.111-134.

Lee, Chang-Sup "Requisites and Effects of Mistake of Law" DONG-A LAW REVIEW 43 pp.111-134 (2009) : 111.

Lee, Chang-Sup. Requisites and Effects of Mistake of Law. 2009; 43 : 111-134.

Lee, Chang-Sup. "Requisites and Effects of Mistake of Law" DONG-A LAW REVIEW no.43(2009) : 111-134.

Lee, Chang-Sup. Requisites and Effects of Mistake of Law. DONG-A LAW REVIEW, 43, 111-134.

Lee, Chang-Sup. Requisites and Effects of Mistake of Law. DONG-A LAW REVIEW. 2009; 43 111-134.

Lee, Chang-Sup. Requisites and Effects of Mistake of Law. 2009; 43 : 111-134.

Lee, Chang-Sup. "Requisites and Effects of Mistake of Law" DONG-A LAW REVIEW no.43(2009) : 111-134.