한국의 기업지배구조와 기업범죄

Today's corporate crime negatively influences not only on corporate itself but also entirely on nation and society. International financial crisis due to insolvency of companies makes entire people suffer distress, and when the leader of corporate commits the crime, such as dereliction or stock manipulation, multitude of company members and minority shareholders are damaged. And this corporate crime is much related to corporate governance structure, such as executivesㆍshareholdersㆍboard of directorsㆍauditors, and when corporate governance structure is rightly composed and each function normally operates, the competitive of corporate also gets strengthened, increasing the credit toward foreign countries under global economy. However, when it is not properly equipped or only exists perfunctorily without its original function, the corporate crime is highly likely to happen. In particular, abnormal conglomerates emerged and owner-manager type corporate governance structure was formed in Korea since 1960s as a result of continuous utilizing of companies and granting benefits to companies upon government-led economic development plan. Under this circumstance the conglomerates repeated expansion and development without particular restriction or supervision inside or outside of company. In the meantime affiliate companies of conglomerates and their assets are largely increased, though many CEOs of conglomerates were sentenced with various crimes. Still there are many problems and issues to be improved, although many policies are introduced and executed, such as non-executive director system, with interest in corporate governance structure after global financial crisis. Those issues are introduction of joint penal provisionㆍnon-executive director systemㆍsanctions against unfair trade practiceㆍauditing systemㆍwhistle- blower system. Especially, lump-sum provision of works and quantity-pushing out were harshly criticized by press recently. Thus, legal supplement was done so that regulation on lump-sum provision of works will be available. We should have corporate governance structure to prevent corporate crimes and continue to improve by supplementing outside regulation and supervision. But, what's important more than anything is for corporate itself to be fully engaged in improving corporate governance structure with positive attitude, by recognizing the point that having right corporate governance system gives a big help to nation and society as well as to development of companies under global economic environment.