자본거래에 대한 상법의 논리와 형사책임 법리의 구성

Until the Supreme Court's precedent in 2009, Samsung Group's controlling shareholder and his family and company executives were criticized for what they commit. Their actions have the form of capital transactions. But actually, they donated in order to succeed an corporate control. This is a breach of trust. To be prosecuted for criminal liability has become social problems. Law of the academic community was also very intense debate. Legal opinion was also divided. The court took the case to the conflicting statements. Company executives under the influence of controlling shareholders decide to capital transactions, the company has violated a duty. And Company's loss was caused. Decisions on capital transactions performed on the job that is a matter for management decisions. It was difficult to determine that it should be punished by criminal law. The standards for the subject of the capital transaction are not clear. Applicable laws are unclear. Punishment for what the requirements are a lot of questions. Furthermore, the illegality of the establishment is very confusing. Capital transactions are punishable as a crime it is not necessarily. Therefore, there is confusion on whether to apply penalties. The case of capital transactions, there are limits to the application of criminal law. The criminal law and the Commercial law are differnt, in the legal aspects of the theory. In this article, it will be able to contact the gap on the theoretical difference of commercial law and criminal law, in order to attempt the composition of principle of law to about criminal liability on capital transactions,First, the significance of capital transactions and the controversial practices of capital transactions and the possibility of accusations against him and questioned the legal basis for criminal liability is reviewed. Nextly, explain to ambiguous attitude of judicial precedent and theory of the conflict, about whether to apply the Breach of Trust Crime. Finally, explain to the Special Crime of Malfeasance in Commercial Code deals for the application of legal principles.