공화조건의 개념과 내용 - 공익신고자 보호법의 실효성 확보를 위한 형사법적 관점에서 -

A Utopia is a fictional social structure with no substance. In fact, it is impossible to achieve an ideal society in which all interests of members of society are equally matched. However, our society must pursue a utopian society for all our happiness and self-realization. This is because utopian society, as is well known, is a society that pursues common good on the premise that each member of society fully enjoys his own interests. Such a society is a society based on the idea of a democratic republic, in which each member of the society pursues rational private interests with their free will, but pursues the common or public interest as the highest good from their respective positions. Therefore, in reality, it is a feasible society if the members of the society are not inferior to the human rights that are heavenly, and faithfully fulfill their moral obligations. Accordingly, I ultimately from the point of view of criminal law to ensure the effectiveness of the Public Interest Reporter Protection Act(Whistleblower Protection Act), the concept and content of public conditions are set as prerequisites for legislative and public interest declaration. Public conditions correspond to partial reasons for illegality under criminal law, as conditions under which a particular case may be allowed to be published externally by an internal member in the interest of the public. These public conditions are based on the principle of strictness and, above all, on the concept of maximizing axioms and pursuing the greatest happiness of the majority, can be used as a useful tool for building a fair society. Therefore, utopia can be completed in the real world, not in miracles. However, as mentioned above, members of society must be free will to faithfully fulfill their social obligations based on social justice theory and the ethical code in criminal law before exercising their rights.