판례와 사례 분석을 통한 기업범죄 처벌의 개선방안

In tradition of continental legal system, corporation could not be punished by criminal sanctions. Only employees of corporations are punished as he or she conducted in corporation. But in modern society, functions of corporations have been grown up and up. Corporation itself conducts diverse crimes like evasion of taxes, embezzlement, environmental crimes etc. If we don’t punish corporation itself by criminal sanction, we can’t protect corporation crimes efficiently. In cases of Korean courts, judges have not admitted the criminal liability of corporation. They think corporation has no mind and body of conducting crimes. They have convicted small amounts of fine to corporation. But I think corporation has his unique mind and body of conduction crimes. By policy and employees of corporations, they can conduct diverse crimes like even homicide. The employees think and do not do in corporations not by his individual decision but by policy of corporation. Through punishing the whole corporation(employees, materials, system of corporation), we can control crimes of corporations. We can prepare efficient criminal sanctions to corporations as like publicity of crimes, services of society, probation, quitting of electrony etc.