경제범죄의 개념과 형사법적 대책

• 영문명: Economic Crimes: Meaning and Criminal Policy
• 발행기관: 한국형사정책학회
• 저자명: 한상훈(HAN Sang Hoon)
• 간행물 정보: 『형사정책』刑事政策 第19卷 第2號, 209~232쪽, 전체 24쪽
• 주제분류: 사회과학 > 정책학
• 파일형태: PDF
• 발행일자: 2007.12.30

영문 초록

  This paper explores three different meaning or definitions of economic crimes used in criminal law, that is, first a narrow understanding of economic crimes covers only the crimes against economic order or system itself, such as anti-trust crimes. The second understanding widens the scope of the term to cover some crimes against individual property insofar as they result in serious harm. The broadest definition regards economic crimes as any crimes that are to gain economic interests, no matter they are directed against economic system or individual property. The author favors the broadest meaning, since it covers all the forms and types of economic crimes and is able to explain fundamental characteristics of the crimes.
  The article gives an outline of the current situation and recent developments of economic crimes in Korea. Some new forms of frauds, such as “Voice Phishing”, and corporate crimes committed by big firms, or Jaebol get explored. And it criticizes lenient punishments to the corporate wrongdoings compared with harsh counter measures in the USA in order to restore market’s confidence and public trust after Enron, Worldcom cases.
  In conclusion, the paper emphasizes “the pursuit of good profit”, or “fair and due profit”. Citing co-founder of Hewlett Packard, David Packard"s remarks in 1949, the author argues that Korean corporations and society should put focus on credible accounting system, commitments to customers and employees, and social responsibility.

목차

Ⅰ. 들어가는 글
Ⅱ. 경제범죄의 개념과 특징
Ⅲ. 경제범죄의 동향
Ⅳ. 미국에서 경제범죄에 대한 법적ㆍ제도적 대응
Ⅴ. 경제범죄에 대한 형사법적 대책
Ⅵ. 맺음말
ABSTRACT

키워드

경제범죄 양형기준 전화사기 기업범죄 적정이윤 corporate crimes sentencing guidelines voice phishing fair and due profit