Earticle

초록

영어

Corporations are very important and powerful actors in modern economic and commercial life. They can also make mistakes and commit crimes: corporations too need to be controlled. However, traditional models of criminal liability and punishment applicable to human beings cannot prevail. It should be addressed new punishment for culpable corporations. By the way, Corporate liability can be discussed in terms of liability falling within the ambit of (1) civil liability, (2) criminal liability. Some scholars argue in favor of civil, instead of criminal, liability. Some scholars, who believe that civil liability is better than criminal liability in regulating corporate crime, overlook the point that criminal punishment has traditionally been invoked as a symbol of retributive justice. They seem to disregard the mutually different purposes of civil and criminal laws. For example, it should be underlined that deterrence is not the unique concern of criminal law but one of its purposes. Beyond deterrence, the law is concerned, not least, with fairness between parties while instituting, in the first place, justice through criminal law. Feinberg has given a definition of punishment: ‘Punishment is a symbolic way of getting back at the criminal, of expressing a kind of vindictive resentment and it is a conventional device for the expression of attitudes of resentment and indignation’ Traditionally, scholars support fining as a monetary sanction applicable to corporate criminal acts. Lawyers and economists look at offending corporations as ‘rational calculators’ unwilling to commit a crime if its cost will outweigh its benefits. Therefore, monetary penalties can be an important and effective corporate sanction. In this article, it is suggested that increasing the amount of fines should be imposed for a corporate crime. Also, this article stressed that Equity fine as well as income related fine system should be introduced.

목차

Abstract
Ⅰ. Introduction
Ⅱ. Why Criminal liability instead of the Civil liability?􀀅
1. Purpose of Criminal Punishment
2. Two Ways to Understand Criminal Sanction; Backward or Forward Approach.
Ⅲ. Monetary Sanctions
Ⅳ. Suggestions for the Possible Solution
1. Increasing the Amount of Fines Imposed for A Corporate Crime
2. Equity Fines
3. Income Related Fine System
Ⅴ. Conclusion
[References]

키워드

저자

• Song, Ki Dong [ Researcher of Comparative Law research institute at Dongguk University ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  DONGGUK LAW REVIEW

• 간기

  반년간

• pISSN

  2287-9676

• 수록기간

  2012~2025

• 십진분류

  KDC 360 DDC 340