범죄피해자로서 법인의 본질

• 영문명: A study on the nature of corporation as a victim of a crime: A corporation as a victim of contempt and intimidation
• 발행기관: 한국피해자학회
• 저자명: 임석원(Lim, Seok-Won)
• 간행물 정보: 『피해자학연구』제16권 제1호, 229~252쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.06.30

영문 초록

The corporation as the main body of crime has been studied adequate until now. But studies about the nature of corporation as a victim have so far been rare. This article shows that corporations are capable of being the main body of the benefit and protection of the law, as well as the object of a crime. There is no essential difference between the two conceptions, one is the approach favoring a direct punishment of the corporation with detailed criminal law, the other is approach focusing on a unique quality of an organization. It is possible for a corporation to do actus reus by oneself via a natural person, to have a unique quality as a victim that is based on the control liability. In other words, the corporation can independently do acts and can possess an intention, also can take form its own organizational culture which is being connected with future generations. Lastly the corporation can have the nature of the victim by secondary and third victimizations. Therefore, it is not right to assume that a corporation cannot be treated as a victim whatsoever. The above approach can cope with discharge by the secondary victimization and also can remove the possibility of additional crime by the third victimization.

목차

Ⅰ. 序論

Ⅱ. 법인을 피해자로 하는 모욕죄와 협박죄

Ⅲ. 법인의 직접적 피해자성에 대한 고찰

Ⅳ. 법인의 간접적 피해자성에 대한 고찰

Ⅴ. 결론

참고문헌

Abstract

키워드

피해자로서 법인의 본질 보호법익의 주체 행위의 객체 법인의 직접처벌 조직체적 특성 Nature of a corporation as a victim Main body of the benefit and protection of the law Object of a crime Direct punishment of the corporation Unique quality of an organization