형법 제20조에 규정된 ‘사회상규에 위배되지 아니하는 행위’의 의미 및 다른 위법성조각사유와의 관계

As laws tend to often change in accordance with the situation of times, circumstances precluding wrongfulness are continually urged to change likewise. And illegality is, by nature, not positioned against general law and order, so it can constitute a precluding circumstance even by extralegal perspective. Behaviors not violating social norms as such mean extralegal circumstances precluding wrongfulness that can be accepted besides regulations of law, and Korea's Criminal Code stands out from those of other countries in that such behaviors were stipulated by law and treated as a circumstance precluding wrongfulness. Circumstances precluding wrongfulness as stipulated by Clause 20 of Criminal Code have already drawn much attention of academic circles, accumulating vast research outcomes and as a result, spectrums of the relevant debates are extremely diverse indeed. And this study, in an attempt to understand specific meaning of 'Behaviors not violating social norms' focused on the debate contents of academics and trends of judicial precedents, firstly discusses relations between social reasonablity and social norms. Then, the study actively starts to establish the concept of social norms and basically seeks to induce unique functions of social norms from critical point of view against skepticism of social norms concept. Finally, the study examines relations between 'Behaviors not violating social norms' and other circumstances precluding wrongfulness. It firstly examines their relations as stipulated by Clause 21 and or 24 of Criminal Code, and then concludes the discussion by examining relations between behaviors not violating social norms and 'behaviors by ordinances or those by duty on work' as per Clause 20 of Criminal Code.