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논문 기본 정보

자료유형
전문잡지
저자정보
이규호 (영동대학교)
저널정보
한국사법행정학회 사법행정 司法行政 第57卷 第6號
발행연도
2016.6
수록면
42 - 50 (9page)

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초록· 키워드

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The configuration requirements gwasibeom attention breach there is a causal relationship for such a result occurs and results.
If the objective duty of care violations, says actors can neglect the duty of care required to foresee social life and caused the results were available avoided. If it does not, so illegal acts bangachi gwasilbeom components that make up the essential elements of a negligence of the actor even though he acknowledged the consequences hayeoteurira duty of care has gwasilbeom established.
There are objective content of the duty of care obligations foreseen results with the results evade duties. It was actors can hayeotdeoramyeon the attention of the summit recognized the occurrence of the criminal results, predicted (outcome foreseen obligations), could avoid the results arising from the predictable ( the result avoiding duties) Attention breach of gwasilbeom when he recognized do. The presence or absence of objective attention criteria that is careful violated the duty of obligation(negligence) is jugwanseol about what to judge by whom, common view to jeolchungseol this, but gaekgwanse (judge`s duty of care violations on the basis of careful capacity of social public presence and cases just owned watches seller, while managing the clock that is the clock the place of purchase, time of purchase, the purchase and sale price, the sale reason, personal information, such as the Beach in fact, as written If above the seller`s identity or clock sources and possession of lieutenant described in the book Show that there is a duty of care to check for the authenticity of the difficult.
Point of view this is reasonable. Based on an objective duty of care has occurred, such as legislation, case law, life experience, depending on the specific circumstances.
Gwasilbeom is gyeolgwabeom Because it requires a certain result occurs on the configuration requirements to establish gwasilbeom. Gwasilbeom is also possible in principle, but if the infringement is penalized, wiheombeom.
In order to establish the gwasilbeom must be a causal relationship between the results generated considerable degree and violation of duty of care.
The result has occurred because the objective should be possible to objectively predict the results were not likely to occur in the foreseeable at the time when it was committed can not be attributed to the actor.

목차

Ⅰ. 서언
Ⅱ. 과실범의 구성요건
Ⅲ. 객관적 주의의무의 제한원리
Ⅳ. 결어
참고문헌
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