배임죄의 행위주체의 해석상 문제와 개정방향

According to the second clause of criminal law article 355, breach of trust means a situation where a person who administer another's business obtains pecuniary advantage or causes a third person to do so from another in violation of one's duty thereby causing loss to such person. Since the second clause of article 355 is so abstract, there are lots of positions about the interpretation of the clause. There are some cases which are applied the breach of trust even though that should not be applied to the cases. The problem is that it could cause not only intervention of criminal law intervened to the case which should be solved in the private field, but also confusion of the fundamental principle: the division of criminal and civil liability. Therefore, the scope of the establishment of breach of trust must be clear in the perspective of the complementary character of criminal law.