기업처벌의 본질과 구조의 명확화

The purpose of this study is to solve essence and Structure of corporate punishment Penal Provisions of legislation on the problem-dependent model and the independent model,and to review a new responsibility of the attribution theory, so that the essence and structure of corporate punishment is apparent. Outlined the issues discussed, the traditional rationale of criminal structure of corporate punishment is to be negligence. Despite of add a prima facie standard provisions, the fundamental problems on the structure of corporate punishment is not solved. Solution of this problem is that it is distinctly provide. On the other hand rational to be punished Corporate which is not body and is not clear. It is because of that corporate Punishment Penal provisions of Korea is the dependent model. but we remember that reasons of corporate existence is get benefit. furthermore, In general, corporate tend to grow complex, with cumbersome structures. Therefore, it’s really difficult to find a performer that engage in criminal of corporate. Corporate is not responsibility for criminal of corporate by dependent model. Conclusion, independent model is more useful for solving essence and structure of corporate. To be solve this problem necessary that it is mixing independent model and dependent model.