행정형법에 대한 두 가지 재해석

The administrative crime means an offense established, as administrative legislation is violated. This is distinguished from the natural crime on the premise of moral norm violation. There is little doubt about whether criminal punishment is also principally imposed on administrative crimes. Whether there is some room for application of a specific form of criminal law, so-called administrative law rather than general criminal law, due to peculiarity of administrative crimes begins to be discussed. Thus, the theory of administrative criminal law is an attempt to apply a rule other than the ordinary criminal law to violations of administrative legislation. Even some scholars acknowledging the theory of administrative criminal law do not indicate that application of the existing criminal law to all administrative crimes is entirely excluded, though whether the establishment scope of criminal punishment can be extended without specified regulation through interpretation if necessary for achieving an administrative goal is mainly discussed. The representative issue is whether it is possible to acknowledge the establishment of criminal negligence without regal regulation, through interpretation. Although this is partly acknowledged by some cases, such a position is necessarily problematic in light of the basic principle of 'nulla poena sine lege'. If the application of general provisions of criminal law to administrative crimes is to be excluded, a separate explicit regulation should be created, though actual difficulties cannot be ignored. The theory of administrative criminal law can be rather reinterpreted as one which reduces the responsibility of defendants, private citizens. For example, the theory of administrative criminal law can be applied to the interpretation of the article 16: legal error regulations of criminal law. A lot of the current criminal legislation consists of professional and ambiguous contents that general persons cannot easily understand. Therefore, it may seem to be desirable to extend the establishment scope of the article 16 of criminal law beyond the existing interpretation of cases, at least in some areas to which administrative criminal law is applied.