행정지도에 따른 위법행위에 대한 형법적 고찰 - 행정지도에 의한 카르텔 행위의 범죄체계론적 지위-

Recently with the introduction of criminal liability on cartel, the regulation on cartel in FTCA by administrative guideline should be analyzed by criminal legal system. Especially, a analysis will focus on the appropriate systematic position of the cartel by administrative guideline in criminal justification. This analysis is important as it depends on whether administrative guideline conforms to criminal justification or not. It is also important that which is positioned among 3 doctrines, Tatbestand, illegality, and liability. First of all, the lack of autonomous mind by the administrative guideline is insufficient to exclude Tatbestand. Secondly, "Necessity" and "legitimacy" were referred in illegality in criminal doctrine. The administrative guideline doesn't meet requirement from lack of present jeopardy, however legitimacy under the law could be applied to administrative guideline when "under the law" is broadly interpreted as law of administrative organization or Administrative Procedures Act. Lastly, "Mistake of law" and "Impossible expectation" are referred in a liability doctrine.