‘범죄지’의 확정 및 그와 관련된 문제들

The locational scope of the criminal law refers to the spatial and regional scope of the criminal law's effect, that is, the question of where the criminal law is applied to crimes committed. In particular, By Internet crimes there is a need to determine where the place of crime is, and this time is a problem in the concept of criminal law theory, such as behavior, danger, and consequences. Although it is necessary to clarify the concept of a place of crime in order to distinguish between domestic and foreign crimes, the Korean Criminal Law does not separately stipulate the criteria for determining this problem. However, the position of the Korean Criminal Code, which determines the place of crime through the interpretation of Article 2 of the Criminal Code, “committed crimes within the realm of the Republic of Korea”, poses a risk of contrary to the principle of legality (Nullum crimen sine lege). The purpose of this article is to commemorate the retirement of Professor Jun Ji-yun in Yonsei University Law School, who theoretically contributed greatly to this issue through various studies on the locational scope of criminal law. This article attempted to use it in the preparation for the revision of the Criminal Law and Criminal Procedure Law by discussing recent issues raised on this topic in the areas.