사망재해 발생 기업에 대한 형사책임 강화 -영국의 "법인 과실치사법"을 중심으로- = Reinforcement of Criminal Responsibility of Corporations in the Occurrence of an Accidental Death in the U.K.: Focusing on “Corporate Manslaughter and Corporate Homicide Act 2007”

다국어 초록 (Multilingual Abstract)

Objectives: The major objective of this study is to review overall and in detail the Corporate Manslaughter and Corporate Homicide Act 2007 in the U.K.and the principal contents of this act. Methods: A variety of articles related to the background and circumstances under which the legistration was enacted and the details of this act were investigated and analyzed. Results: In enacting Corporate Manslaughter and Corporate Homicide Act 2007, legislators mainly took elements of legal culture into account and focused on seeking to broaden the law on corporate manslaughter. An indictable offence is considered to have been committed if the way in which an organization`s activities are managed or organised causes a person`s death and amounts to a gross breach of the relevant duty of care owed by the organization to the deceased. The way in which its activities are managed or organized by its senior management is a substantial element in the breach. Upon conviction, a corporation may be ordered to remedy any breach, publicize its failures, or be given an unlimited fine. Conclusions: The enactment background and details of Corporate Manslaughter and Corporate Homicide Act 2007 is understood accurately. On the basis of the findings, it is necessary to heighten effectiveness of punishment.for senior management or corporations that cause a person`s death in Korea.

참고문헌 (Reference)

1 Labour shelves corporate killing bill,

2 Ministry of Justice, "Understanding the Corporate Manslaughter and Corporate Homicide Act 2007"

3 Gobert J, "The Corporate Manslaughter and Corporate Homicide Act 2007 - Thirteen years in the making but was it worth the wait?" 71 : 413-433, 2008

4 INQUEST Chritable Trust, "Statistics-Deaths in police custody"

5 INQUEST Chritable Trust, "Statistics-Deaths in Prison"

6 Centre for Corporate Accountability, "Safety Statistics"

7 Home Office, "Reforming the Law on involuntary manslaughter:: The Government's Proposals"

8 Hencke D, "Peers widen scope of manslaughter bill in rebuff to Reid"

9 Davis C, "Making companies safe: What works?" Centre for Corporate Accountability 51-, 2004

10 Barret B, "Liability for Safety Offences: Is the Law Still Fatally Flawed"" 37 (37): 117-, 2007

11 Woodleym. T, "Letters: Manslaughter bill must ensure justice for those killed at work"

12 The Law Commission, "Legislating the Criminal Code: involuntary manslaughter. Law Com 1996a; 237:HC 171"

13 Hurst G, "Hurst G. Lords set to scupper corporate killing bill"

14 Monbiot G, "Far too soft on crime"

15 Feldman D, "English Public Law" Oxford University Press 1241-1252, 2004

16 House of Commons Home Affairs and Work and Pensions Committees, "Draft Corporate Manslaughter Bill First Joint Report of Session 2005-2006" 130-158, 2005

17 Home Office, "Corporate Manslaughter: The Government's Draft Bill for Reform. 2005;CM 6497"

18 Home Office, "Corporate Manslaughter and Corporate Homicide: A Regulatory Impact Assessment of the Government's Bill"

19 Sim JJ, "Corporate Manslaughter and Corporate Homicide Act 2007 and the Suggestions. In: Materials for Discussion on Reforming of the Law for Strengthening of Death Accident and Contractor Liability"

20 The Stationery Office Limited, "Corporate Manslaughter and Corporate Homicide Act 2007"

21 The Sentencing Council, "Consultation Paper on Sentencing for Corporate Manlaughter 2007"

22 "Centre for Corporate Accountability"

23 Leckie D, "Bad press is biggest deterrent in 'kill' Bill"