부당이득죄에 있어 이용행위에 관한 해석론

Unjust enrichment with respect to the Supreme Court “that have been stipulated in the Constitution and free market economic system, freedom of contract that derives from it by considering the establishment of the crime comes in recognizing the costs carefully” taking a position is. Criminal law, “the plight of people noticeably by the state have obtained unfair advantage” to unjust enrichment established by regulation to constitute a very comprehensive range of has been set. This comprehensive configuration requirements are set forth in the form of configuration requirements can not pinpoint the meaning of the result in legal interpretation and application can not find a certain direction. In addition to unjust enrichment for the purpose of the regulation of the exploitation, but the configuration of the meaning of the requirements mentioned in this paper due to the limitations and active exploitation that acts by up-regulation to be pointed out problems in interpretation of criminal law, despite no legislative requirement for the purposes intended more for the rest of the configuration is not included it does not punish and try whether or not intellectual. In short, free market economy in harmony with the Supreme Court requiring a careful analysis of the attitudes and unjust enrichment on the establishment of a clear and consistent set of criteria to interpret the ‘use’ of the meaning and limitations should be clarified.