소비자법상 양벌규정에 관한 연구 -전자상거래소비자보호법상 양벌규정을 중심으로- = A Study on the Concurrent Punishmentof Consumer Acts

다국어 초록 (Multilingual Abstract)

A provision of concurrent punishment is a provision that punishes corporations as well as employees. But the constitutional court decided that A provision of concurrent punishment was unconstitutional. Therefore, to remove the unconstitutional element, provisions of concurrent punishment of consumer laws were amended. But provisions of concurrent punishment of consumer laws have many problems as following. First, employee who has not a status can not be punished. However, the employee may be punished in accordance with a provision of concurrent punishment. Second, the negligence or intention of a representatives is a that of a corporation. As a result, both are the same necessarily. But in case of a provision of concurrent punishment, it is assumed that both could be different. Third, a prosecutor should prove a negligence of the corporation. Lastly, It is not appropriate to punish a intention and a negligence equally. Therefore, provisions of concurrent punishment of consumer laws should be amended to solve these problems.