법인에 대한 형사책임 귀속의 요건

• 영문명: The Requirements to Impose Criminal Responsibility against Corporation
• 발행기관: 중앙대학교 법학연구원
• 저자명: 崔大鎬(Choi, Dae-Ho)
• 간행물 정보: 『법학논문집』法學論文集 第33輯 第1號, 119~143쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.08.30

영문 초록

This paper has investigated and specifically suggested the requirements to impose criminal responsibility against corporation. For this, the followings have been conducted: The objective (actus reus) and subjective (mens rea) factors under criminal law have been analyzed from the perspective of corporation. They have been reviewed under the title of 'Penal Justification.' Based on the penal justification, identification theory and organization model that have been suggested as a way of imposing liability have been reviewed. Through this review, criminal acts have been sorted out among various corporate activities. Based on the discussion above, the specific requirements to impose criminal responsibility against corporations are as follows: First, there should be acts associated with corporate employees' duties, and it should be assessable that the potential risk of the corporation has been implemented. Second, even under the case that corporation would not be punished because individuals have merely involved in criminal act, the corporate act could be reassessed by considering all individuals' criminal act. Third, individuals should have no intention to harm corporation. Fourth, corporate intention could be accepted if corporate activities are to blame, or special deterrence is necessary. Fifth, the possibility of other acts by corporation would be admitted when the possibility of other acts by individuals who have involved in risk creation is accepted. In addition, the possibility of other acts by corporation could also be admitted based on the assessment on whether or not multiple individuals could avoid risk creation and realization.

목차

Ⅰ. 머리말

Ⅱ. 법인처벌의 형법상 정당성

Ⅲ. 법인에 대한 책임귀속의 접근방법

Ⅳ. 법인처벌의 구체적 요건

Ⅴ. 맺음말

참고문헌

Abstract

키워드

법인처벌(The punishment of a legal person) 형사책임(criminal responsibility) 동일시 이론(identification doctrine) 조직모델(organization model) 관리감독과실(control-supervision negligence)