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http://dx.doi.org/10.7837/kosomes.2014.20.6.721

Loss of Lives caused by Ship Accidents and Corporate Criminal Liability  

Kim, Jong-Goo (College of Law, Chosun University)
Publication Information
Journal of the Korean Society of Marine Environment & Safety / v.20, no.6, 2014 , pp. 721-729 More about this Journal
Abstract
The purpose of this article is to examine maritime accident and corporate criminal liability in comparison with cases and laws in UK and US. In Anglo-American law, a corporation can be convicted of and sentenced for a criminal offence. However, some theoretical difficulties lie in fixing a corporation with the appropriate mens rea. The Corporate Manslaughter and Corporate Homicide Act 2007 in England is to solve those difficulties and punish a corporation like a natural person. Comparing to Anglo-American law, a corporation is difficult to be punished in Korean law because it is a well recognized theory that only natural person is capable of committing a crime. However, safety in society and workplace is earning great concern in Korea, and emphasis is put on responsibilities of corporations. This article discusses the need for legislation on corporate manslaughter act in Korea with regard to the sinking of the MV Sewol.
Keywords
MV Sewol; MV Herald of Free Enterprise; PS General Slocum; Corporate manslaughter Act; Legal person; Natural person;
Citations & Related Records
Times Cited By KSCI : 1  (Citation Analysis)
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