의사적 행위론에 따른 부작위 쟁점에 대한 형법 도그마틱

The theory of casualty, purposeful, and social behavior, which is the theory of pre-legal behavior, is a general theory of behavior that has many difficulties in interpreting criminal law, but it cannot be solved and cannot explain intent, negligence, act, and omission. In the 21st century, AI technology and advanced robot technology deepened capitalism, and the social economy transformed into a society of interest where individualism and selfishness prevailed. What is the theory of behavior suitable for this era, and why did the theory of criminal behavior not exist in interpreting the criminal law? It was considered that the concept of omission existed by deriving the theory of criminal behavior as the theory of willful action. In the general theory of behavior, the theory of beneficial behavior that Confucius says is still meaningful? It is a reality that the 4th Industrial Revolution is growing and transforming into a hyper-connected society in the 21st century. In this era, the crime theory system requires more precision. In the theory of willful action, it consists of intent and act, and omission exists, and negligence is a concept derived from the process of act. Finally, the theory of criminal behavior concludes that acts of free will are acts that are evaluated normatively for illegal and punitive acts. Finally, I confirm the obligatory omission theory is the answer in the aspect of the social behavior.