기업재해와 기업책임의 귀속주체

As the basis for the interpretation of the Serious Disaster Punishment Act, it is necessary to try to interpret the business owners and management officers who are the subjects of business responsibility. In particular, the management officers of business corporation are involved in the exercise and responsibility of management rights in corporate governance as a matter of corporate organizing law. The Basic Law on the Organization and Governance of Companies falls under the Merchants Act and the Company's Management Authority Act. The term of business owner and management officer has the nature of an abstract concept and requires a match of management authority and responsibility in its embodiment. By the analysis of the responsible subject under the Serious Disaster Act based on commercial law regulations, the key points on the interpretation of the management officer's can be summarized as follows: First, in principle, a person who has the right to perform his or her duties under commercial law shall be in the position of executive director under the Serious Disaster Punishment Act. The provisions on the right to conduct business under the Commercial Act are the basic laws of the corporate organization and function as a basis for the occurrence of the authority of the corporate management, so it is reasonable to embody the authority and responsibility for corporate management through commercial law. Second, the Commercial Law Act on Fake Management Officers does not necessarily apply to the management officer under the Serious Disaster Punishment Act. First of all, it is believed that de facto director is considered a director under commercial law and is responsible for the exercise of the company's management rights in accordance with the substantive rule, even if the person who actually exercises management rights does not have formal requirements, and therefore, he or she may become the executive officer under the Serious Disaster Punishment Act. Next, it should be stated that the Rules of Apparent Management in commercial law do not fall under the Management Officer under the Serious Disaster Punishment Act. An apparent manager system or an apparent representative director system is in accordance with Principle of Estoppel(Rechtsscheintheorie), which takes responsibility for the company in order to protect the third party who traded with him because of the expressive name, even though he is not an actual executive. Since the principle of estoppel is intended to protect the trust of the other party in business transactions and does not seek a substantial executive, it should be viewed as a different from the legislative intent of the Serious Disaster Punishment Act.