농아자의 형사책임과 형법상 농아(聾啞)의 의미

Under various laws, deafmute persons are subject to protection. Article 11 of the Criminal Code also stipulates that deafmute persons are those with weak responsibilities and must be reduced to punishment. A deafmute person is who cannot speak without hearing. They stand in the weaker position than those without disabilities in procedures set by law due to physical disability, especially in procedures where basic rights may be infringed. Therefore, as a weak, the law requires consideration for the exercise of rights. However, the criminal responsibility of the deafmute as stipulated in Article 11 of the Criminal Code has a different meaning than the protection of the weak. Historically, this regulation was regarded as a person with insufficient education and poor mental judgment. This treatment is seen in ancient Roman law, as well as in criminal law. Under the Criminal Law, an actor can be held accountable in perfect condition when he or she has both the ability to discern things and the ability to judge them accordingly. However, in the case of deafmute person, such judgment was considered poor on the premise that they could not receive enough education. Of course, lack of education can also make people less aware of what they are doing. What is the position of the deaf at present? In modern times, deafmute persons are subject to special education in order to receive an equal education with ordinary people. With this special education, the deaf are also active as members of society. In particular, under criminal law, the ability to differentiate or judge objects appears to be equal compared to those without disabilities. Nevertheless, the criminal law treats deafmute person as those with weak responsibilities. This study looked at how the regulations of the deaf were introduced from a historical perspective, and proposed to abolish this regulation by revising the criminal law since the reason for introduction has disappeared in modern times.