법인의 형사책임 - 양벌규정의 법인면책사유로서 ‘상당한 주의와 감독’의 판단기준-

Abstract

This thesis sees the legal nature of the existing corporation punishment regulations as the negligence responsibility, and studied a judgment standard to judge the considerable caution and supervision of a corporate. First, I studied the legal nature of the existing corporation punishment regulations as the negligence responsibility, and maintained the negligence responsibility. Moreover, I suggested that the necessity of a concrete and definite formal standard in order to judge the considerable caution and supervision of the penalty against employer and employee. In sequence, I studied a judicial precedent of a judgment standard of the considerable caution and supervision consequently,knowed that the court simply acknowledges a case because there is a 'compliance education' as a judgemental component, and, on the contrary, does not acknowledge a case because a corporate did not practically observes the illegal activities of employees. However, I could say that, in this case, it does not seem to be reasonable that a monthly education is regarded as a judgmental indexed, and so this is not an appropriate judgment. Therefore I suggest the corporate compliance program which is developed in the U.S. and worked as a rule of criminal case.―The program is also used in Korea as a judgmental standard that is to lay a fine when a company breaks a rule of fair trade of the business activity. Consequently, the corporation undertakes not a vicarious responsibility but the self-corporation's negligence responsibility,and so actually accomplish the responsibility principle in the criminal law in a criminal penalty toward the corporation.