법인의 범죄능력인정을 위한 새로운 해석의 필요성

The rapid growth of corporate organization and the pursuit of profits have spawned crimes like violation of life. As a result, the criminal law in korea to face this problem hold an executive liable for that or the provisions of dual punishment punish both corporation and a doer for that. But by the countermeasure, It is impossible to punish the corporation itself by detailed criminal law directly. In other words, the provisions of dual punishment and a natural person's criminal liability cannot protect the corporation itself perfectly. Now the corporate crime is not the crime which is made a target of specific enterprise. On the contrary, it is taking aim at the general corporation. This paper shows to how America and others are regulating a violation of life by corporation. Thereafter possibility of a direct punishment for the corporation itself with detailed criminal law, are examined by three category below, that are conditions of criminal constitution (actus reus, mens rea, concurrence, possibility of a convict, etc) and liability. It is my thought that type of punishment that charged with violation of life, such as dissolution of a corporation and the forfeit of license, that are capital offense and prohibition of business, that is penal servitude and community service or probation, and a fine, that is not limited to maximum can be applied in corporation directly. This approach can cope with legislative voidness and also can allow for laying penalty for criminally illegal acts to which the provisions of dual punishment cannot be applied.