韓國 行政刑罰의 問題點과 改善方案

Abstract

The problems of Korean administrative criminal law are these. First, the system of penalties are too complex. The patterns of penalties are various case by case, the case of imposing criminal sanctions and administrative either, the case of imposing criminal sanctions after administrative sanctions, the case imposing criminal sanctions and administrative sanctions indepen- dently. Second, the criminal sanction of imprisonment and fine is imbalance in quantity. The measure of imprisonment is too higher than that of fine. Third, We have no effective criminal sanctions against crimes of corpora- tions. Now criminal sanction of fine is imposed to the corporations which conduct criminal behavior. So it is needed for us to provide simple system of penalties. After we devide criminal conducts and conducts of disturbing public orders, criminal sanctions must be imposed to crimes and administrative sanctions be imposed to conducts of disturbing public orders. And we can suppose that the measure of imprisonment should be cut down and the measure of fine be raised. Last the effective criminal sanctions which regulate corpora- tions-crimes should be provided. Publication, cutting water and electricity, social service order etc. could be supposed as criminal sanctions of corpo- rations-crimes.