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Requisites and Effects of Mistake of Law

  • DONG-A LAW REVIEW
  • 2009, (43), pp.111-134
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Lee, Chang-Sup 1

1울산대학교

Candidate

ABSTRACT

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.

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