In relation with ‘affairs’ that become protecting objects of the affairs disturbance crime, there are pro and cons discussions about whether public affairs are included in the affairs in the crime centering on relations with ‘public affairs’ at the resisting arrest crime by chances of the harmonization judge in Supreme Court at 2009, but it is in situation of hardly finding out related discussions on ‘protecting values’ of the affairs actually. So, contrary features of judgment about existence of preventing values on the same affairs in practices become to be contacted frequently from lower and higher courts. Based on such awareness of issues, this study tries to look into attitudes of existing theories and judicial precedents on affairs’ protecting values in the affairs disturbance crime first, and then analyze them. And the study accentuates urgency of standard setting-up on affairs’ protecting values with bases of existing discussions, and investigates relations between public affairs and protecting values in the resisting arrest crime and legal nature of affairs disturbance crime for making a presupposition of discussions. After that, this study will review matters that have not to be corresponded to criminality which is prohibited by laws and objected to criminal penalties as affair requirements of becoming protecting objects from the affairs disturbance crime, have not antisocial nature to the extent of not being accepted at all from social norms, and shall take protecting values by the criminal law in relation with object judgments. Above discussions aim at minimizing illegitimacy that affects influences to judgments by contributing to systematic establishment of jurisprudence on affairs which become protecting values in the affairs disturbance crime.

Ⅰ. 대상판결의 주요경과
  1. 사실관계(공소사실의 요지)
  2. 제1심 판결의 요지
  3. 피고인의 항소이유
  4. 제2심 판결의 요지
  5. 대법원의 판단
 Ⅱ. 문제의 제기
 Ⅲ. 업무방해죄에 있어서 ‘업무’의 보호가치에 관한 기존의 논의
  1. 학설의 태도
  2. 판례의 태도
 Ⅳ. ‘업무’의 보호가치에 대한 평가시 전제사항
  1. 공무집행방해죄에 있어서 ‘공무’의 보호가치와의 관계
  2. 업무방해죄의 법적 성격과의 관계
 Ⅴ. 대상판결의 검토: 업무방해죄의 보호대상이 되는 업무의 요건
  1. 법에 의하여 금지된 행위로서 형사처벌의 대상이 되는 범죄행위에 해당하지 않을 것
  2. 사회통념상 도저히 용인될 수 없는 정도로 반사회성을 가지지 않을 것
  3. 형법적으로 보호할 가치가 있을 것
 [참고문헌]
 [Abstract]

• 박찬걸(대구가톨릭대학교 법정대학 경찰행정학과 조교수 · 법학박사) | Park Chan-Keol