The Supreme Court of Korea has adopted a methodology of rigorous grammatical interpretation in order to satisfy the Constitutional requirement of law-binding in judgement of criminal case. However, the principle of law-binding does not mean the so-called ‘legal state.’ For this reason, the national justice system of the law recognizes the supplements of the judiciary. This article observes criminal judgement that the Supreme Court of Korea is suspected of going beyond just a supplementary role to ‘judicial justice’.
As a result of analyzing the criminal judgment, the Supreme Court found that the following folly is used in using deductive syllogism. First, Producing of non-existent premise. Second, Arbitrary manipulating or processing of a premise. Third, excessive normative interpretation of a premise. Fourth, Formulating of general clause. Therefore, this article emphasizes the task of criminal law discipline which should prevent the judicial branch from walking the way of judicial jurisdiction by critically examining the various act of manipulation of Supreme Court which is carried out in the name of providing the legal basis for the preconceived conclusion in the deduction process.

Ⅰ. 들어가는 말
 Ⅱ. 존재하지 않는 대전제를 만들어내고 있는 경우
  1. 적극적으로 새로운 실체요건을 설정함
  2. 유사 법적 근거를 만들어 적용하고 있는 경우
 Ⅲ. 대전제를 임의로 조작 또는 가공하고 있는 경우
  1. 구성요건요소에 대한 해석상의 조작
  2. 구성요건요소의 충족여부에 대한 사실상의 의제
 Ⅳ. 대전제에 대한 과도한 규범적 해석을 하는 경우
  1. 공모개념에 대한 과도한 해석
  2. 예견가능성 개념 등에 대한 과도한 규범적 해석
 Ⅴ. 대전제를 일반조항으로 공식화하는 경우
  1. 일반조항으로의 도피
  2. 일반조항에 대한 해석의 이중성
 Ⅵ. 나오는 말
 [참고문헌]
 [Abstract]

• 김성돈(성균관대학교 법학전문대학원) | Kim Seong-Don (School of Law, Sungkyunkwan University)