양벌규정과 관련한 보호법익의 해석상 몇 가지 쟁점 - 형법과의 조화를 위한 시론 -

The rapid growth of juridical people and the pursuit of profits have spawned many crimes. It is impossible, however, to punish the juridical person himself by detailed criminal law directly because of criminal principles in liability. As a result, the sole plan in korea to deal with this problem is the provision of dual punishment;, by this method it is possible to punish both the juridical person and the doer. Limits and extents regarding structures and interpretations of provisions of dual punishment must be in a limit of interpretation of criminal law on account of a variety of administrative criminal laws. Therefore, this paper shows how provisions of dual punishment are interpreted by a unique structure. These are examined by three categories;, problems of the benefit and protection of administrative law;, problems of universality of the benefit and protection;, reinforcement of criminal law. It is my thought that solutions about the benefit and protection of the law in provisions of dual punishment, (such as punishment of corporations, decision of order of the benefit and protection of the law, civil solution, etc.), must be applied with in the limit of criminal interpretation.