내국인의 국외범에 대한 처벌기준

This article goes on the criteria of punishment against crimes by Koreans outside Korea. The Article 3 of the Criminal Act states that “this act shall apply to all Korean nationals who commit crimes outsie the territory of the Republic of Korea” referring to the principle that the application of the Criminal Act depends on nationality. The Seoul High Court provides for the first time the punishment criteria against crimes by Koreans outside Korea such as the “application of Article 20 of the Criminal Act based on Article 37 Clause 2 of the Constitution” . This punishment criteria is preferable in terms of reduction of the criminal punishment and Hight of freedom for the people of the Republic of Korea. As we have seen, the analytical solution to Article 3 of the current Criminal Act is desirable in terms of reduction of the criminal punishment, but there are some parts which are difficult to be easily accepted due to each of the contained problems. Although Article 20 of the Criminal Act provides a certain degree of control over the scope of criminal punishment, also it is undeniable that Article 3 of the current Criminal Act takes absolute Personal principle and leads to the expansion of the criminal punishment. A new interpretation or amendment of Article 3 of the Criminal Act is needed in accordance with the situation of the global village and the main theme of the conference called “the task of public law and private law in accordance with social change”. I think that it is desirable to fundamentally solve the problem through preparation of the provision such as “That this shall not apply where such acts under Act in effect at the time of the act do not constitute a crime, or the prosecution thereof or the execution of the punishment therefor is remitted” in Article 3 of the Criminal Act, not interpretation.