기업의 형사책임에 관한 소고 - 영국의 기업살인법을 중심으로 -

Some countries, including the UK, seek to directly punish corporations for various crimes and social disasters resulting from their activities. On the other hand, in the case of Korea, due to structural problems and limitations of corporate punishment regulations, it is not possible to properly hold criminal liability for crimes and social disasters caused by corporate activities. In that respect, I think the UK's corporate murder law has many implications for us. Under its influence, the Serious Accident Act has already been in effect since January of last year. However, issues related to the Serious Accident Act, which have been controversial since the beginning of its implementation, are still ongoing. Nevertheless, it is very meaningful that the recent court rulings on cases of violation of the Serious Accident Act and the changing attitudes of companies and management managers toward safety and health security obligations are changing. The UK's Corporate Manslaughter Act was also controversial in the early stages of its implementation, and there are differing opinions on the evaluation of its implementation. However, what is clear is that when a fatal accident occurs due to a problem with the company's operation or management method, it is a standard that can punish the company more effectively than the existing legal system. The various legal systems in each country related to corporate criminal liability are not solely aimed at punishing corporations. The purpose is to prevent corporate crimes that occur continuously and repeatedly, starting with changes in corporate culture by raising corporate awareness, and to build a safe society. Therefore, various legislative efforts regarding corporate criminal liability are considered to be the minimum safety measures necessary for us living in a modern risk society. Meanwhile, modern society is experiencing rapid changes in all fields. The same goes for companies and corporate culture. In keeping with the pace of such change, I believe that corporate legal personality should also be approached from a realistic perspective. Therefore, only when there is a change in perspective, the discussion on ways to rationalize corporate criminal liability can progress. As a starting point for such a discussion, we looked at the UK's corporate manslaughter act.