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A study on whether to the establishment interference with business caused by the act of obstruction of performance of official duties

  • DONG-A LAW REVIEW
  • 2014, (65), pp.327-357
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Jeong Ji-Hoon 1

1성균관대학교

Accredited

ABSTRACT

The Korean Supreme Court has changed its opinion that obstruction of performance of official duties by force, not by violence or intimidation, can be punished by article 314 Interference with Business in criminal law. Nevertheless, the discussion to be punished the act of obstruction of performance of official duties by force by the ‘interpretation’ has continued. Both of these views remain apart on the issue while providing reasonable prima facie grounds. This paper does not aim to choose any specific view of that. Instead of that, in this paper, it dealt with the problem of punishment inversion appearance or systematic interpretation when it includes official business as the interpretation. As a result, it is the goal of this paper that the argument about penalties for the act of the obstruction of performance of official duties by force is a policy issue to solve by legislative theory rather than stay any longer in the interpretation.

Citation status

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