질서위반행위규제법에 관한 연구 = Research on Regulatory Offense Law

다국어 초록 (Multilingual Abstract)

The legal question raised by Kwataeryo is whether a mere change of ``label``, from criminal wrongdoing to regulatory wrongdoing, eliminates the need to extend to individuals prosecuted under them all the constitutional protections accord defendants in criminal trials. The difficulty in insuring a triumph of substance over from in this area lies in the definition of criminal wrongdoing as opposed to regulatory wrongdoing. This research will explore the various approaches to solving these legal issues, and in so doing, identify the key distinctions between criminal and regulatory wrongdoing. By focusing the purpose for the separate existence of criminal wrongful act and regulatory wrongful act, a workable test for discrimination between two forms from the German and American experience may be developed. Especially the German experience has become a worldwide Model for Regulatory Offense Law. Finally the author inquires into the function, operation and necessity of changing the Regulatory Offense Law in Korea and examines the doctrinal roots of traditional agency practice regarding the imposition of penalties in order to determine whether this practice is reasonable. This evaluation requires the examination and the comparison of foreign legal models.