권리행사방해죄에 대한 일고찰

There are instances where a person offers his own property to be possessed by another or subject to another’s right, and obstruct the latter from exercising his right by carrying away, concealing, destroying or damaging the property. Article 323 of Criminal Law, obstructing another from exercising one’s right, regulates these instances. According to obstructing another from exercising one’s right, a person cannot nullify the limits on his property. In addition, property crime system of Criminal Law is completed by obstructing another from exercising one’s right in that it regulates crimes on one’s property. Despite this practical and theoretical significance, however, obstructing another from exercising one’s right has drawn relatively less attention compared to other property crimes. This thesis aimed to find the clues for discussion from the historical consideration on obstructing another from exercising one’s right. In our Criminal Law, obstructing another from exercising one’s right is divided into crimes on “the property which is subject to another’s right” and “the property which is possessed by another” unlike that of the revision draft of the Japanese penal code. On the other hand, these two cases above should be concluded in the key sign of the crime, which is “obstructing another from exercising one’s right”. Based on these perspectives, this thesis developed its interpretation on obstructing another from exercising one’s right through critical analyzing of our theories and precedent.