기업범죄에 대한 효율적 형사제재방안

Many orporations have committed crimes, in the process of industrial development. Now, we realize that there are many problems in regulating the corporation crimes, because it is difficult to punish the corporation only through the traditional criminal laws. The traditional criminal sanctions against corporation crime include imprisonment, fine and forfeiture. But criminal sanctions cannot expect the effectiveness of deterrence of crimes because it has been provided just only fine as a sanction against corporations in a position denying criminal capacity. We should improve the inefficiency of the fine penalty and imprisonment against corporation. It is necessary to increase the amount of fine in order to substantially decrease the corporation crimes taking into account generally the average assets of corporation. Furthermore, it is reasonable to make a difference to the amount of fine between human beings and corporation in the provision of bilateral punishment. Also, it is ideal to introduce daily fine system in the long view. New penal sanctions against corporation, including probation, restitution, community service will contribute to improve the fundamental structure of corporations.