기업범죄의 유형에 따른 맞춤식 제재방안에 관한 연구

Abstract

This study was performed for the purpose of typing corporate crimes and seekingeffective sanctions against them. Contents can be summarized as the following twofindings. The one was to type corporate crimes, and the other one was to findeffective sanctions for typed corporate crimes. In first work of typing corporate crime to specify the range of corporate crimeshave been studied as a basis by defining the concept of corporate crimes as targetsof sanctions. As a result, corporate crimes are defined as crimes that are the targetof the criminal penalties under the current legal system as unlawful acts committedby companies or their members with respect to businesses. Target acts ofadministrative sanctions or civil sanctions were excluded from the scope ofcorporate crimes because they are not the target of criminal punishment. Corporate crimes can be classified as types of economic crime, food hygienecrime, health crime, safe crime, environmental crime, fundamental rights infringement crime based on victims of crimes and the legal nature of content, and the relevanceof other crimes, the ripple effect caused by the crimes. In second work to come up with effective sanctions against corporate crimes, asit’s prior work was to review the current status of sanctions for corporate crimes. That results current fine system is not effective in preventing corporate crimes. Inorder to fix this problem, this study proposed that the fine should be heaviercommensurate with the scale of the enterprise and the proceeds of crime should beconfiscated. However, even this improved fine system, there is a need to be provided newsanctions for effective prevention of corporate crimes. Because it is difficult toprevent corporate crimes effectively by the fine system alone. There are new sanctions for effective prevention of corporate crimes such asliquidation, remedial order, restitution, formal publicity, judicial monitoring, corporateprobation, community service order, suspension of business operation. Thecorporation is punished by single or multiple sanctions that are judged depending onthe nature of typed corporate crimes. To have new regulations that admit the corporation’s criminal ability and add newsanctions against corporate crimes, current criminal law should be reformed.