선한 사마리아인의 선(善) 그리고 선(線)에 관한 형법적 고찰 - 범죄신고의무위반죄의 규범적 원칙 및 예외 -

This paper proposes normative principles and deviations as a threshold for the laws compelling crime reporting which are increasingly adopted to substitute the voluntary act of good samaritan and to induce the positive outcome of saving others in danger. The focus of this research is the laws compelling crime reporting particularly through the means of criminal penalty which should be the last resort as the government’s strongest arm. This paper categorized the laws compelling crime reporting into three types — i) offenders-reporter, ii) third-party-reporter, iii) victim-reporter — based on the position of the reporter in relation to the crime reported as a criterion for categorization. The normative principles and deviations are suggested for each type of laws compelling crime reporting under threat of criminal penalty to be justified by moral theory of culpability. This paper aims to contribute to the modification of existing laws and to give directions for the enactment of new laws. The suggested normative principles and deviations will enhance commensurability of the laws with moral culpability and prevent drafters of the laws from excusing any hodgepodge. This enables the laws compelling crime reporting under threat of criminal penalty to attain the concepts of fairness and proportionality which are central to the criminal law.