‘Dauerdelikt’ is a continuing crime. Although The ‘Dauerdelikt’ is defined as a crime subsequent misconduct and illegal state match, ‘Dauerdelikt’ or ‘Zustandsdelikt’ is very hard or impossible to distinguish and is still ambiguous case-by-case crimes. Since the existence criteria is necessary that at the time after completion of commission of crime, it must be observed whether omission of the act or acts exist. Starting from willful actors to choose from acts contrary to the norms of illegality, as long as the intentional act continues, crime will continue. And it is evaluated while the action continues willfully, illegal state not only continue, but also internal strengthening of illegality has been performed. ‘Dauerdelikt’, that is infringement after completion of commission of crime adds to the interests protected by law through inaction or omission of additional actors, gradually increasing from a base point, is a sin or a large extent has been enhanced illegality. In this study will be made a classification that authentic crime of omission, declaration of intention as juristic act, and willfully act that during continuing act unlawfulness is enhanced increasingly are ‘Dauerdelikt’

[대상판례 1] 대법원 2013.07.25. 선고 2012도15057 판결
  [사실관계]
  [판결요지]
 [대상판례 2] 대법원 2010.5.27. 선고 2009도10778 판결
  [사실관계]
  [판결요지]
 [연 구]
  Ⅰ. 들어가며
  Ⅱ. 계속범의 본질-불법성의 내적 강화
   1. 계속범의 판단기준에 관한 학설의 태도
   2. 계속범의 판단기준에 관한 판례의 태도 분석
   3. 계속범의 본질로서의 불법성의 내적 강화
  Ⅲ. 계속범의 유형화
   1. 작위행위의 계속을 통한 불법성의 내적 강화
   2. 법률행위적 의사표시 효과의 계속
   3. 진정부작위범
  Ⅳ. 대상판례의 검토
   1. 대상판례 1의 경우
   2. 대상판례 2의 경우
  Ⅴ. 마 치 며
  [참고문헌]
  [Abstract]

• 김혜경(계명대학교 법경대학 ･부교수) | Kim Hye-Kyung