기업범죄의 억제를 위한 최근의 정책동향과 과제

Abstract

As social activities of corporations or groups have increased, the increase of offenses committed by the organizations have followed. To control these crimes, a variety of sanctions are devised. The diverse sanctions include criminal sanctions applied by Provisions of Dual Punishment (the provisions charging both corporations and wrongdoers), the surcharge as an administrative sanction, measures to ensure the performance of duties such as an administrative publicity and reject of supply, etc. However, these policies to control corporate crimes have limits. Recently, introduction of newly formed punishment has been proposed. They are as follows: introduction of provision to forfeit and to impose additional charge to the corporation, formal publicity of conviction, equity fines, community service, probation, restitution, remedial order, and disorganizing the corporations. These proposals are considered, in a positive way, as they are designated to make unique criminal sanctions for corporations based on the differences of characteristic between companies and natural persons. Despite the appraisal, they are not introduced. This paper analyzed recent tendency of policies, especially focused on which policies are presented to control the corporate offenses in 2000s, and suggested possible solutions for the future.