재물과 재산상 이익에 대한 합리적 해석론

Korean Criminal Law uses the terms such as property, thing and propertyprofit(Vermögensvorteil) in many provisions. So it is very important to find out theexact meaning of these terms in order to interpret property crimes reasonably. The purpose of this paper is to critisize the attitude of Korean Crimianl Court and theconventional views toward the meaning of these terms and to suggest the reasonableway to interpret the korean property crimes. The contents of this paper is as follows : I. IntroductionII. The Comparison of the Concept of the Property with That of the ‘Thing’1. The Concepts of the Property and the Thing2. The Relationship between the Property and the ThingIII. The Concept and the Scope of the Property Profit(Vermögensvorteil)1. The Concept of the Property Profit2. The Legal and the Economic Concept of the Property Profit3. The CriticsIV. The Relationship between Property and the Property Profit1. The Debating Points2. The CriticsV. ConclusionThe Conclusion of this paper is as follows :First, To interpret that ‘the property’ and ‘the thing’ are of same meaning is theforbidden analogy in criminal law. Second, The property and the property profit should be interpreted consistentlyfrom the economic view point. Third, The property and the property profit cannot be a alternative. The propertyshould be a special form of the property profit.