법인 등 조직체의 형사책임과 자연인 책임의 관계 -양벌규정에 의한 조직체와 구성원 책임을 중심으로-

Abstract

This article aims to examine the relationship between the criminal responsibility of an organization, such as a corporation that is expanding its influence in many ways today, and the criminal responsibility of the natural person who make up the organization. For this purpose, ① the form of responsibility of organizations such as corporations under the current law and the model of attribution of organizational responsibility, ② the subordination relationship between the criminal responsibility of the organization and the individual criminal responsibility, and ③ whether or not the responsibility principle of organizational punishment is violated was examined. First, despite competing with traditional corporate and other organizational criminal liability, current law partially responds to the need for organizational punishment, which can be understood as a mix of representative violations (subordinate models) and employee violations (independent models). Next, with regard to whether there is a subordinate relationship between the criminal responsibility of an organization and the criminal responsibility of its members, there are three major possibilities: the method of subordinate punishment of an organization, the method of punishment involving natural persons, and the method of independent punishment of organizations and natural persons, this does not show a strong logical connection with the attribution model of organizational responsibility. In addition, it can be evaluated that the precedent is in the process of changing in the direction of recognizing the independence of criminal responsibility of organizations such as corporations before and after the unification of joint penal provisions since 2007. In terms of whether punishing organizations, such as corporations, conflicts with criminal accountability, as the traditional view points out that organizations and natural person are different beings, so both responsibilities can exist on the premise of each unique behavioral structure. In other words, it is possible to construct unique responsibilities for corporations and other organizations without presupposing natural person, and this understanding can be the basis for shaping the relationship between criminal responsibilities of corporations and their members.