기업에 대한 제재수단의 문제점과 개선방안

Abstract

The Act to have special aims impose the vicarious administration execution, administrative punishment and penalty surcharge, fine for negligence, charge for compelling the performance if the enterprise has been violated this act. If the enterprise don't fulfill his duties, administrative authorities can't achieve the goal of acts. Administrative authorities have prepared variety administrative regulations for achievement the goal of acts and overcoming problems of an enterprise's unlawful act. Tough enforcement is essential for a strong market and enterprise since it ensures that wrongdoers are punished and relinquish any benefits obtained by violations. A tough enforcement system is essential to preserve the integrity of our market. However, over-enforcement, enforcement in excess of that needed to deter, can entail serious unnecessary costs. Penalty surcharge, fine for negligence and charge for compelling the performance imposed on enterprises are borne by innocent investors and shareholders, thus reducing their returns. Therefore, it is important that administrative authorities will be find out the optimum level of administrative regulations and balance of sanctions, for exsample the vicarious administration execution, administrative punishment, penalty surcharge, fine for negligence and charge for compelling the performance. In this article, with these issues in mind, I would like to explore problems of administrative regulations, specially problems of double punishment and excess sanction. And then, I would try to examine the optimum level of administrative regulations and balance of sanctions.