법인의 범죄능력과 형벌능력 = The Criminal Ability and Penal Capacity of the Juridical Person

다국어 초록 (Multilingual Abstract)

The criminal liability of the juridical person has been treated importantly in the theory and practical affairs. At the very time when violation of law by a juridical person is in the increase perennially, we could not come to a very satisfying regulations of criminal policy by merely enlarging the provisions of the administrative criminal law.Concerning the criminal capacity of the juridical person, there has been several theories and three important theories of them are the theory of negation, the theory of affirmation, and the theory of partial affirmation. Accordingly, we should affirm the criminal capacity of the juridical person and establish the most both responsible provisions in order to protect the socioeconomically inferior general public from the superior juridical person such as corporations organization. As the majority of the provisions provide no ground of the punishment, there arises the problem of explicating the ground of the juridical person. Affirming the criminal capacity of the juridical person, the ground must lie in self-responsibility resulting from the juridical person's self negligence and willfulness.Though every country deals with the criminal liability of juridical person as disputed point, it has been failed to make consensus of opinion. It is general that in common law country the criminal liability of juridical person is admitted, on the other hand in continental law country the criminal liability of juridical person is disapproved. But the same legal system countries all don't correspond with concrete contents.Generally, the criminal liability of juridical person is known to only the supervisory and managerial liability. But juridical person should be responsible for the both of a practical liability and a supervisory and managerial liability. In the crime by the corporation, all of the performer, supervisor(the representative etc) and the juridical person should be punished.