기업처벌규정에 대한 법제사적 고찰 – 중대재해처벌법상 기업처벌규정과 관련하여 –

In April 2023, the first and second rulings in violation of the 「Serious Accidents Punishment Act」 appeared one after another, sparking heated debate. Since the Constitutional Court 's unconstitutional decision of Article 6 of 「Act on Special Measures for the Control of Public Health Crimes」 in 2007, the legitimacy of punishment by corporations or employers seems to have never been such a problem. Come to think of it, we have taken the penalty against employer and employee, that is, the punishment regulation, very much for granted. Even when 「Customs Act」 first introduced the penalty against employer and employee in 1949 after liberation, there was no controversy, Even though it was the first to introduce a regulation that punished the intangible existence of a corporation of corporation that does not have criminal capacity in Korea. This is because the history of corporate punishment on the Korean was already quite long at the time of the introduction of the 「Customs Act」. After the existence of a ‘corporation’ appeared in Joseon due to the opening of the port, the first law that stipulated corporate punishment on the Korea was Seirei(制令) No. 4 of 1912 「The case of punishment when a person is a tax offender」. Article 3 of this Act stipulates the application of “Act No. 52 of 1900”. The Act No. 52 of 1900 「The case of a corporation 's tax and leaf tobacco resale」 is the first legislative law in Japan to stipulate corporate punishment, and Article 1 of this Act stipulates "If a representative or other employee of a corporation violates the law on tax and leaf tobacco resale, the penalties prescribed in each rule apply to only corporation. However, when the penalty stipulates that a punishment other than a fine or a fine is to be imposed, the corporation shall be punished by a fine of not more than 300 yen(￥). Considering Seirei No. 4 of 1912 and Act No. 52 of 1900, the history of corporate punishment on the Korean, which has been around since 1912. However, the form of corporate punishment has not been the same since the early 20th century. ‘the penalty against employer except employee’ introduced in 1900 stipulate that only corporations are punished except for actors, unlike the ‘the penalty against employer and employee’ that punish actors and corporations together. The current standardized form of the penalty against employer and employee was introduced in the 「Capital Flight Prevention Act」 in 1932. The penalty against employer and employee that appeared in 1932 were later introduced in various laws and regulations, and have been borrowed from Korea since liberation. Corporate punishment, which has naturally continued as a practice in Korea for a long time, has only recently been at the center of controversy with the enactment of the 「Serious Accidents Punishment Act」 and the first and second rulings of the 「Serious Accidents Punishment Act」. As described above, this article suggests that the 100 years of the history of corporate punishment in Korea, especially the process of deliberation on legislation, should be reviewed in the pending issues of 「Serious Accidents Punishment Act」.