기업의 준법활동 활성화를 위한 제도개선 방안 고찰

A juristic persons receives only the same fines as individuals receive under the joint penal provisions, in case of neglecting resonable care and supervision regarding on its work to prevent violations of law, having immunity if not neglect. The present joint penal provisions shall limit the effectiveness of prevention of violations, if the company receives the bigger economic benefit than the fines imposed for violations of law. Therefore it is needed for the present joint penal provisions to be rectified. The amount of fines for a juristic persons should be raised appropriately over the benefit gaind by the violations of law. The penalties after the fact such as criminal sanctions, administrative regulations and civil actions are needed for the companies themselves to do preventive efforts actively. But positive incentives for the companies, which adopt remedial measures such as internal compliance programs, will be more effective in order to revitalize the companies' activities to prevent violations of law in the companies. The introduction of internal controls such as compliance programs should be done voluntarily by the companies themselves according to their needs, not by laws. In addition, internal controls should be encouraged also for all organizations such as universities, research institutes, public agencies, and small entities as well as financial companies and juristic persons prescribed by Commercial Code and financial laws of Korea.