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.