산업재해에 대한 기업의 형사책임 -영국의 기업과실치사법 도입을 중심으로- = Criminal liability for industrial accidents -Focusing on introducing Corporate manslaughter and corporate Homicide act 2007-

다국어 초록 (Multilingual Abstract)

Recently, As the falling Ferry with 300 over students` deaths and the collapse of a resort causing 30 over college students` deaths happened, the press and people laced into the weak criminal liability on a corporate and a senior management. The furry criticism on reckless corporate has aroused public discussion on the corporate`s strong criminal liability. One of this movement is the introducing corporate manslaughterer and murder act 2007 in United Kingdom. Corporate manslaughter and murder act in United Kingdom(CMMA) implies three meanings. Firstly, it is clearly stipulated that a corporate has a individually criminal liability on industrial disasters. It is meaningful to overcome previous identification doctrine by not specifying a liable individual. Second, the range of the victims in CMMA is not limited to worker and the range of the breach of the duty is more general. But CMMA requires the senior management`s substantial involvement on the accident, the compliance with the health and safety code(including guideline, mannual), the extent to the breach of the duty, and the corporate`s custom and system. Third, it states unlimited fine in punishment. The Korea Health and safety law (KHSL) is similar with the corporate manslaughter and murder act in United Kingdom in that it is provides that a corporate is liable for a breach of general duty and has a strong criminal liability except the range of the victims of the accident. However the enforcement and application on KHSL are insufficient to charge the criminal liability to a corporate and a senior management difficult. To improve this, firstly it is necessary to recognize the criminal liability of the corporate. Then we should satisfy essential requirements of corporate`s criminal liability. It is useful to require not only the compliance with the health and safety code but also a hypothetical prudent and reasonable corporate in the circumstances and corporate ethos such as a safety culture, system and custom.