죄형법정주의 관점에서 바라본 상표권 침해의 형사처벌 규정에 관한 정비방안 고찰 : 상표위조행위를 중심으로

This study is focused on the improvement of the criminal punishment for the infringements by trademark counterfeit. Prior to that discussion, it defines the concepts trademark infringement by counterfeit to finalize the scope of discussion. In fact the Trademark law is a fundamental law for regulations of a trademark infringement. And therefore, Trademark law usually focus on the problems of criminal penalties. In order to regulate effectively about trademark infringement, punishment regulation should be improved from the principle of legality perspective. Ensuring the possibility of punishment by clarifying the type of acts about trademark infringements that are predictions. For this confirm the “same or identical” in concept and defined terms in an obvious sentence. Also to reflect the introduction of a variety of sanctions by improving the current statutory penalization. Moreover, to improve the criminal punishment environment of a trademark secondary infringement need to review that conduct in terms of criminal law. It's divided into two types again, one is preliminary in a trademark infringement and the other one's an accomplice in that. For eliminate the regulatory hiatus from according to the type of behavior, there's a need to separate for acts of trademark counterfeiting.