The purpose of the confiscational or penalty of criminal gains is to deprive the crime of its illegal profits and prevent it from being retained. On the other hand, under criminal law, joint crime, teacher crime, and accessories are intended to be punished for criminal acts and their degree of participation, so the two do not necessarily have to be consistent in logic.
In other words, if a person is merely an accessory and receives sufficient income from a crime through crime, he or she should pay an additional charge of criminal profits obtained in the form of wages, etc. but if a person is joint principal offender and receive not sufficient income from a crime through crime, he or she do not need to pay an additional charge of criminal profits obtained in the form of wages, etc.
In the result, who will pay the penalty from depends on the attainment of the purpose of the confiscational or penalty of criminal gains.

Ⅰ. 문제의 제기
  1. 사안의 개요 및 사안의 경과
  2. 문제의 제기
 Ⅱ. 추징에 관한 일반론(공범관련 판례를 중심으로)
  1. 서 언
  2. 추징의 종류
  3. 일반적 추징에 관한 판례 법리들 소개(공범 및 범죄수익 관련 중심)
  4. 징벌적 추징(공범 각자에 대한 전액 추징)
 Ⅲ. 사안의 해결
  1. 해결의 실마리
  2. 해결 등
 [참고 문헌]
 [Abstract]

• 권순건(서울중앙지방법원) | Kwon Sun-Keon (Seoul Central District Court)