긴박한 테러행위와 형사법 - 독일에서의 논쟁에 비추어 본 형사법의 “형사정책적 관점”에서의 해석 -

Since 9.11 international terrorism has been discussed in the demension of justification and excuse in criminal law. In the meantime, the theory of justification and excuse as a theory applicable against this exceptional cases has not been developed in Korea. In this viewpoint, the legal responses against the attacks against the hijacked aircraft and torture to save a life (Daschner Case in Germany) could be very interesting debates with regard to the theory of justification and excuse in criminal law. In this paper especially the possibility of the scheme of the so-called "defensive emergency (Defensivnotstand)" will be examined. The heated debates in Germany regarding Defensivnotstand will be introduced and their meaning in the future discussion in Korea will be analyzed.