금융감독법규 위반의 책임 및 그 제재조치에 관한 연구 - 보험회사, 법인 보험대리점 및법인 보험중개사를 중심으로 - = The Study of the Basic Principles of administrative sanctions for violations of the insurance law - Focusing on Insurance companies, corporate insurance agents and insurance brokers -

다국어 초록 (Multilingual Abstract)

This article has the purpose to study the basic legal principles in sanctions for violation of insurance business law of companies including corporate insurance agents and insurance brokers. We reviewed established theories about the capacity of corporation in the transactions and the ability of the criminal act of corporation, and then we reviewed some discussing point.
First, does the insurance company has the legal capacity of corporations and capacity to act. Second, we treat representatives act as corporations act.
We studied the legal capacity of corporations in the criminal and administration area. Third, we reviewed relationship between corporate responsibility and accountability of its employees, In the private transactions, we focus on the conduct of anyone around the business activities but in the criminal and administration area. We are interested in operating activities as well as the internal affairs of a corporation.
Insurance Business Act admits administrative sanctions violations ability and its capacity to impose an obligation of the corporation. In private trade, the corporation is the direct responsibility of their representatives's acts but the corporation is responsible for their employees act.

참고문헌 (Reference)

1 장덕조, "회사법" 법문사 2014

2 유기천, "형법학(총론강의)" 일조각 1980

3 서보학, "형법총론" 박영사 2006

4 정성근, "형법총론" 삼지원 2008

5 이형국, "형법총론" 법문사 1990

6 이재상, "형법총론" 박영사 2011

7 오영근, "형법총론" 박영사 2012

8 신동운, "형법총론" 法文社 2011

9 홍정선, "행정법원론(상)" 박영사 2014

10 박균성, "행정법론(상)" 박영사 2014

11 정하중, "행정법개론" 법문사 2014

12 김남진, "행정법Ⅰ" 법문사 2014

13 송덕수, "신민법강의" 박영사 2011

14 김재윤, "새로운 형법총론" 율곡출판사 2011

15 정찬형, "상법강의(상)" 박영사 2014

16 송옥렬, "상법강의 제5판" 서울 2015

17 김형배, "민법학 강의" 신조사 2012

18 김준호, "민법강의" 법문사 2011

19 최기원, "기업법개설" 박영사 2014