The goal of this article is to apply the argumentation of so-called duty crime theory that has been discussed in the field of criminal participation, to the field of the identification of perpertrator. In chapter II, the theory of duty crime that has been developed in Germany, has been introduced and the critics against that theory have been also presented. Then, in chapter III, with regard to the identification of perpetrator, big accidents cases in Korea as negligence crime have been analysed and their characteristic features have been adduced. In conclusion (chapter IV) the author has tried to contribute to the advance of the in Korean cases based argumentation by virtue of the application of duty crime theory to the Korean cases as well as the clear identification of perpetrators in such cases.

I. 문제의 제기: 의무범이론과 행위자의 특정
 Ⅱ. 의무범 이론
  1. 의무범 이론의 시작: 클라우스 록신
  2. 의무범 이론의 발전적 수정: 귄터 야콥스
  3. 의무범 이론에 대한 비판적 경향
 Ⅲ. 우리나라 대형사고 판례와 행위자의 특정
  1. 대형사고의 주류를 이루는 판례의 인과론적 논증
  2. 법규의 취지를 논증근거로 추가한 판례 : 1994년 아현동 가스폭발사고 판례
  3. 판례의 정리
 Ⅳ. 결론: 행위자의 특정에 관한 규범적 접근방법 시론
  1. 판례의 분석적 평가: 누적적 인과관계를 통한 과실범적 해결방식
  2. 행위자의 특정에 관한 규범적 접근방법 시론
  3. 결론의 요약
 [참고문헌]
 [Abstract]

• 조병선(청주대학교 법학과 교수, Professor, Chongju University Department of Law.) | Cho, Byung–Sun