미수이론과 함정수사 - 교사범을 중심으로 -

Currently, most criminal law scholars in Korea seem to believe that entrapment investigations are legitimate in principle, but illegal when exceptionally strong measures are used. However, from the perspective of criminal law, it is judged that the entrapment investigation should be considered legitimate only when exceptional, and very light means are used. It can be said that the question of how to look at principles and exceptions makes a huge difference in the conclusion. It is judged that criminal law scholars, consciously or unconsciously, represent the point of view of investigative agencies or law courts. Since criminal law has a great influence, the results on the people will inevitably be quite devastating depending on how the theory is constructed, and research on this field is still divided in opinion. The reason why criminal law theory discussions on entrapment investigations have not been held in Korea for a long time is closely related to the absence of Supreme Court cases. Although the prosecution and police frequently investigated under the entrapment investigation technique, the Supreme Court of Korea ruled that the entrapment investigation was illegal, for the first time, in 2004. This paper is analyzed from the perspective of substantive and procedural theories on the entrapment investigation. In the current reality of the change in the criminal procedure law system, the criminal legal system and criminal law theory have a great influence on our society and citizens, so judgment should be very cautious, and although some legislation regarding entrapment investigations has been already made, but the expansion should be avoided.