집단책임사상의 기원과 그 현대적 변용-고대 근동의 집단책임사상과 현대 집단(법인)책임이론의 비교-

This article explores the origin of collective guilt and the relationship between the original thought and modern corporate criminal liability theory including Fletcher's collective guilt theory. In conclusion, we suggests that there is family-resemblance between them, though any common similarity and reason can not be found. It is very important that the intellectual tendency to find and recognize the guilt of any collective entities has not disappeared and rather continued persistently from ancient to contemporary times with the theoretical forms changed in part. For example, the biblical thought and fletcher's theory have an idea of transmission of guilt in common whereas the latter does not recognize the ideas that the guilt can be transmitted through individuals. We argued that, after reviewing the legal thought of collective guilt in the ancient Near East and examining the limits of modern collective guilt theories in the view of modern principle of culpability, collective guilt could be recognized only through the theoretical basis of solidarity, that means organic collectivity in Fletcher's terminology, and protection of the rights of victims.