자구행위에 관한 판례의 동향과 입법론

According to Korean Criminal Code §23, the commission of a proscribed act such as entry of dwelling, arrest, use of force, etc. can be justified to protect personal right of property against unlawful interference. To be justifiable, it is necessary to fulfill the required conditions of urgent circumstances and approvable behaviors following the common rule of Korean society. Some scholars argue that this code is not good way to regulate such affairs because it's justification conditions are so strict that the ruled scope is too narrow. According to these opinions, it is necessary to abolish this code for the enlargement of the justifiable extents. However, this code would be helpful to protect personal rights and contribute to people's belief toward judicial procedure. Furthermore, under certain circumstances, some behaviors could be justifiable as affirmative self-defense or Korean Criminal Code §20. Therefore, this code would not make the protection range of common people's rights narrow. It would be desirable for Korean Supreme Court to use more detailed yardsticks on interpretation of this code §23.