1. Research Objective

  In order to resolve the explosion of complaints due to abuse of complaints and the resulting workload on investigative agencies, this study provides basic data for setting basic directions for the overlapping areas of criminal law and civil law, while also providing interdisciplinary support in the areas of criminal law and civil law.

2. Research Agenda

  Researchers at the Korean Criminal Law Association accumulated basic data by crime and issue, focusing on property crimes under criminal law, under the theme of ‘Types and Issues of Criminalization of Civil Affairs Cases’ and presented the direction of rational response from a criminal law perspective. To this end, relevant precedents were analyzed and criticized by crime and issue, German and Japanese criminal law provisions, which are similar to our legal systems were compared, and, if necessary, legislative theories were presented.

  In addition, in order to conduct integrated interdisciplinary research, a civil legal diagnosis of the phenomenon of criminalization of civil cases was sought by experts in civil law and civil litigation law.

3. Policy Suggestions

  In order to resolve the phenomenon of criminalization of civil affairs, it is necessary to consider the coexistence of civil and criminal law and to make continuous efforts to establish reasonable distribution standards for criminal law and civil law. In addition, it is necessary to establish a national legal case processing system, strengthen the responsibility of the complainant of wrongdoing, and make national efforts to refrain from resorting to criminal punishment.

※ Keywords: criminalization of civil affairs, abuse of sue, fraud, embezzlement, breach of trust, obstruction of rights