양벌규정에 대한 책임원칙과 입법론 = Responsibility principle and Legislation of Concurrent Punishment Clause

다국어 초록 (Multilingual Abstract)

Judgments of unconstitutionality of the Korean Constitutional Court on the concurrentpunishment clause have been led from the November of 2007 to now. These decisions of the Constitutional Court are contrary to the provisions of theresponsibility principle. Next the law was amended. In order to investigate theprinciples of responsibility in concurrent punishment clause in this paper, I review thestatus of improving the concurrent punishment clause and grope new direction of thelegislation. Conclusions are summarized as follows. First, It is necessary that escape of liabilityprovisions can be positively stipulated.Secondly, In order to improve the effectiveness of criminal penalties for corporate, Itis necessary to raise the charge to corporation. For the prevention of corporate crime,‘Compliance’ can be used. Third, In order to perform effective regulation of corporate, While affirming the abilityof corporate crime, It is important to keep the principle of accountability. Fourth, In the short-term perspective of law, It is necessary to raise the charge tocorporation. In the long-term perspective of law, It is necessary to discipline ‘Control Actof Order Offense’ uniformly and to together with the other method for appropriate regulatory.