양벌규정의 법적 성격과 대법원이 말하지 않은 것들

Abstract

The Supreme Court of Korea has made the conclusions about the punishment of juristic persons based on the Act of natural persons. None of the above rulings, however, provide a concrete ground for this conclusion. It is merely to state that joint penal provisions is the legal basis for reaching this conclusion. In addition, the above rulings do not provide any clue as to what part of the joint penal provisions should be interpreted in order to obtain such conclusions. The purpose of this article is to identify the legal nature of legal provisions and legal requirements for juristic persons punishment. However, there have been no studies on the legal nature of the joint penal provisions in academia or in practice. Thus, this article interpreted the legal nature of the joint penal provisions through further and subtile interpretation, and supplemented what the Supreme Court of Korea did not say.