법인의 형사책임 = the Criminal responsibility of Corporation－A judgement standard of the considerable caution and supervision on the obligation exemption of the penalty against employer and employee－

다국어 초록 (Multilingual Abstract)

This thesis sees the legal nature of the existing corporation punishment regulations as the negligence responsibility, and studied a judgment standard to judge the considerable caution and supervision of a corporate. First, I studied the legal nature of the existing corporation punishment regulations as the negligence responsibility, and maintained the negligence responsibility. Moreover, I suggested that the necessity of a concrete and definite formal standard in order to judge the considerable caution and supervision of the penalty against employer and employee. In sequence, I studied a judicial precedent of a judgment standard of the considerable caution and supervision consequently, knowed that the court simply acknowledges a case because there is a ``compliance education`` as a judgemental component, and, on the contrary, does not acknowledge a case because a corporate did not practically observes the illegal activities of employees. However, I could say that, in this case, it does not seem to be reasonable that a monthly education is regarded as a judgmental indexed, and so this is not an appropriate judgment. Therefore I suggest the corporate compliance program which is developed in the U.S. and worked as a rule of criminal case.-The program is also used in Korea as a judgmental standard that is to lay a fine when a company breaks a rule of fair trade of the business activity. Consequently, the corporation undertakes not a vicarious responsibility but the self-corporation`s negligence responsibility, and so actually accomplish the responsibility principle in the criminal law in a criminal penalty toward the corporation.