기업의 사회적 책임 제고를 위한 입법론적 제언

The rapid growth of the corporations and the resulting increased impact provided many benefits and conveniences to all mankind. Conversely it can also be said that these same corporations have created harmful effects and serious threats in society for their own selfish survival. In order to improve this situation, the corporate bad behaviors need to be controlled in a proper manner. Several countermeasures such as civil or administrative sanctions and penal punishment have been devised and implemented. So far there has been no indication that the situation surrounding corporate harmful effects has improved. Unfortunately, the measures taken have not achieved any visible outcomes. On the contrary, offences due to improper corporate behaviors has actually increased steadily. There should be an insistence of more fundamental and sustainable means to improve these circumstances. To encourage and guide companies to realize proper corporate behavior, CSR(Corporate Social Responsibility) has been introduced. Especially to MNEs(Multi National Enterprises) that have gathered enormous profits all over the world but don't have any intention to take due responsibilities. So that this intended purpose to make the social and environmental guidelines about their behaviors is accomplished, the ask for CSR has been more amplified. The implementation of CSR can help the company participate in the settlement of social concerns such as human rights, labor, environment, and corruption. The company can then contribute to the improvement of them. In this view, CSR could be the practical means which control and prevent the corporate bad behaviors in the long- term policy. CSR is suggested not for ruining of a company, but for the growth of it with sustainable competitiveness. In regards to the method for expanding the understanding of CSR and strengthen the power of its execution, there are two main opposing arguments. One is that the practice of CSR should not be forced by law but as a voluntary activity for corporations. The other is not to expect companies to voluntarily participate in such an initiative. The experiences of business practices until now have taught us the failure of the former insistence. In reality social and environmental circumstances are not hopeful, and so the need for the forced practices by law is an urgent situation. Structuring basic laws to support CSR is the way to improve the present situation in business customs, By government enforcement, companies will be made to endeavor to strengthen their transparency and responsibilities in business. In this view it is the role of government to keep a watch on business activities and encourage CSR. For this purpose the government must declare the law. By nature the effective initiation of CSR requires the open-mindedness of the companies themselves to think that CSR not as the unnecessary expenditures but as a strategic long-term investment. The role of government is more important. The government should develop policies that will improve the general standard of CSR. It is possible to boost CSR, only when the stakeholders make efforts for it all together. Therefore the government should illuminate the principles and guidelines on CSR, and take the initiative on it. In conclusion it is the innovative changes of thought that the government need to make the basic laws and the agencies for CSR.