양벌규정의 문제점 및 개선방안

다국어 초록 (Multilingual Abstract)

According to the overflowing of the administrative penal provisions, there are about 350 joint penal provisions and they're rapidly increasing together with the enactment of the administrative act. But there is no clear basis between the law with joint penal provisions and the law without joint penal provisions. In case of the administrative punishment including joint penal provisions checks the sanction of the administrative law violation and the comprehensive system of the administrative sanction for a duty realization under the administration. And that sanction method shouldn't be excessive, also meets the case, and has a effect to control the violation of law. For ensuring the effectiveness must avoid the over sanction, it is the problem that the sanction can't control the illegality restraint, because of the weak sanction. The joint penal provisions basically pursue the fundamental right's guarantee and the administrative object's achievement. The type of the standing joint penal provisions imposes a fine on the corporation as same as the offender. and this is the most general legislation type.
But if the joint penal provisions are unified by the basic type without the immune provision, the party's legal position will be weak, and the corporation will be slightly punished, because the corporation's fine is the same as the offender's. Considering this problem, we should enact that the corporation's punishment don't connect with person's punishment. And it is necessary that the diverse immune provisions should be connected with the joint penal provisions.

목차 (Table of Contents)

• Ⅰ. 머리말
• Ⅱ. 법인의 범죄능력과 양벌규정
• Ⅲ. 양벌규정에 관한 기본적 고찰
• Ⅳ. 양벌규정의 문제점
• Ⅴ. 양벌규정에 관한 개선방안
• Ⅵ. 맺음말
• 〈Abstract〉