초록 close

The view denying absolute binding effect of a superior's order says that the law does not allow anyone to be illegal.We can articulate many theories to exempt the subordinate from criminal responsibility. Among them are justified act theory, indemnifiable emergency act theory, confliction of obligation theory, and expectability theory.Even though I reviewed on several theories, they can be categorized into two major areas of the theories. One is exclusion of illegality theory and the other is exclusion of responsibility theory. If you don't support the absolute binding force of a superior's order, no one can be excused for the reason of dropped illegality.But on the indemnifiable emergency act theory, if the obligation to observe the law is balanced to the obligation to obey an illegal order, you can be excused.this study on theories and cases about order and it's obedience concludes that a superior should not order a subordinate to do anything illegal and should encourage discussion and proposals in order not to indulge himself in the dogma of order and its obedience.We should keep communication channel wide open between the superiors and the subordinates.