초록 열기/닫기 버튼


This paper attempted to prepare theoretical-legislative countermeasure for corporate crime‘s prevention, because the corporate crime is increasing in present age In order to prevent corporate crime effectively, we should punished not only direct actors and corporate itself but also indirect actors that deciding corporate intention(mind) substantially or actually. It is not reasonable strict liability and general negligence liability among the various punishment standards against indirect actors. The reckless negligence supervision liability is the best standard for punishment of the indirect actors(supervisor). Because this standard can most well deterrent corporate crimes and prevents excessive punishment against the indirect actors(supervisor). Despite of difficulty in the proof about existence of intent(willfulness), it is necessary that recognizes specific intent liability in supervisor‘s liability. In order to punish indirect actors, the supervisor‘s actions objectively have relation to the corporate business and must exist authority relation(power and position for crime‘s deterrence). Therefore, indirect actors can punish only that intent and reckless negligence(important mistake) exist. It should be replaced not punishment but other countermeasure as sanction against general negligence supervision.


This paper attempted to prepare theoretical-legislative countermeasure for corporate crime‘s prevention, because the corporate crime is increasing in present age In order to prevent corporate crime effectively, we should punished not only direct actors and corporate itself but also indirect actors that deciding corporate intention(mind) substantially or actually. It is not reasonable strict liability and general negligence liability among the various punishment standards against indirect actors. The reckless negligence supervision liability is the best standard for punishment of the indirect actors(supervisor). Because this standard can most well deterrent corporate crimes and prevents excessive punishment against the indirect actors(supervisor). Despite of difficulty in the proof about existence of intent(willfulness), it is necessary that recognizes specific intent liability in supervisor‘s liability. In order to punish indirect actors, the supervisor‘s actions objectively have relation to the corporate business and must exist authority relation(power and position for crime‘s deterrence). Therefore, indirect actors can punish only that intent and reckless negligence(important mistake) exist. It should be replaced not punishment but other countermeasure as sanction against general negligence supervision.


키워드열기/닫기 버튼

Corporate Crime, Indirect Actor`s Liability, Supervision Liability, crime‘s deterrence, punishment.