기소유예약정(DPAs) 제도는 한국의 기업범죄 제재를 위한 대안이 될 수 있나? - 비교법적 관점에서 -

Deferred Prosecution Agreements (DPAs) are a legal mechanism that allows prosecutors to defer or suspend criminal charges against corporations in exchange for certain conditions, such as fines, reforms, or cooperation. Deferred Prosecution Agreements (DPAs) have been widely adopted in the United States and some European countries, where they have sparked debates on their effectiveness, legitimacy, and implications for corporate accountability. In Korea, where corporate crimes are a major social issue, Deferred Prosecution Agreements (DPAs) have not yet been fully discussed or introduced. This study aims to fill this gap by examining the potential benefits and challenges of Deferred Prosecution Agreements (DPAs) in the Korean context, and also aims to provide a preliminary overview of Deferred Prosecution Agreements (DPAs) prior to the expected full-scale discussion and to point out problems expected at the present time. Therefore, this study will not cover all aspects of corporate crime sanctions, but will focus on the specific case of introducing Deferred Prosecution Agreements (DPAs) in Korea. This study provides a historical and comparative overview of Deferred Prosecution Agreements (DPAs), a legal mechanism that allows prosecutors to defer or suspend criminal charges against corporations under certain conditions. Deferred Prosecution Agreements (DPAs) have been widely used in the United States, where they have evolved through case-by-case adjustments. England, France, and Singapore have also adopted Deferred Prosecution Agreements (DPAs) through legislative reforms, adapting the US model to their own legal systems and contexts. This study concludes by highlighting the anticipated challenges of adopting Deferred Prosecution Agreements (DPAs) in Korea, a continental civil law country. As this study does not offer definitive solutions or recommendations, it aims to serve as a useful reference for future discussions on this topic.