• Journal of Venture Innovation
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• v.4 no.3
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• pp.141-150
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• 2021

Although management decisions centered on the board of directors and directors must be made in order to effectively promote ESG management, the company's management is not obligated to make decisions considering ESG factors. A Korean corporation(company) is an established organization for commercial or other profit, and the purpose of treating a legal organization as a corporation is to easily handle the legal relationship of a group (corporate's property) and individual property of a group member, but legal person such as rights to "harm public rights" or "defend fraud". Criminal liability for illegal acts of a corporation, but the liability of a corporation (natural person) for illegal acts of a corporation is recognized within a limited range, but the criminal liability of a corporation (natural person) is limited. As the social responsibility of a corporation is great, limiting the responsibility of a corporation-related person (natural person) to civil responsibility will halve its effectiveness if considering the impact on the corporation's national economy. Objective requirements such as the completeness of control, hybridization of property, infringement of creditors' rights, and small-capitalization, and the subjective intention of abusing the company system to avoid legal application to controlling shareholders should be denied. Despite the increasing influence on corporate society, such as large-scale projects and astronomical business profits, corporate officials (natural persons) are forced to be held liable for negligence and intentional liability within a limited range. In such cases, it is necessary to introduce criminal responsibility separately from civil responsibility to legal persons (natural persons) in consideration of the maturity of capitalism in Korean society and the economic status of the world. In Korea, the requirements for recognition of corporate denial are strict, but the United States says that it is sufficient to have control or fraud. Therefore, it is not about civil responsibility, but about criminal responsibility of a legal person (natural person), so if fraud is recognized, it can strengthen the corporate social responsibility.

• The Korean Society of Law and Medicine
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• v.11 no.2
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• pp.149-179
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• 2010

In November 2007, the Korean Constiutional Court held that a joint penal provision in which the individual employer is punished when his or her employee is determined to have committed a crime was unconstitutional, because the joint penal provision had no contents for the culpability of an individual employer and thus violated the constitutionally protected principle of culpability. After the Korean Constitutional Court's judgment, since December 2008 the Ministry of Justice began to change the old joint penal provision into the new revised joint penal provision. On January 2010, the old joint penal provisions of 110 laws were revised. The new revised joint penal provision adds only an additional sentence: "If a juristic person, an entity or an individual perform due care and supervision over its employee for the prevention of such a crime, it will be exempted from the punishment". But an presumption of negligence clause that is added in the new revised joint penal provision is still vacuum in concerned with supervision responsibility. Probably the new form of penal provision, that is understood to be a kind of the presumption of negligence, could let the burden of proof be changed from the public prosecutor to the accused, in other words employer-side. Especially, when joint penal provision is applied to hospital as administrative punishment, according to the hospital is a (juridical) foundation or not, the application of the joint penal provision is different and unfaithful. In my opinion, therefore, a corporation liability could be considered according to various liability of employee's business and the crime its employee committed because of an organizational failure of the corporation.

• 정보보호뉴스
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• s.137
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• pp.50-53
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• 2009

최근 기업의 영업활동보장을 위해 각종 규제와 규정은 삭제되거나 완화되는 추세이며, 심지어 기업에 대한 형사처벌규정인 양벌규정까지 폐지하자는 논의가 있다. 그러나 개인정보보호 관련 규제와 규정은 전혀 다르다. 2008년에 유출사고가 연이어 발생하면서 '정보통신망 이용촉진 및 정보보호에 관한 법률'이 전면개정 되고, '개인정보보호법' 신설 움직임이 진행되는 등 개인정보보호 영역에서는 기업의 영업활동에 영향을 미치는 규제와 법률은 강화되고 있다. 본 기고는 두 법 중 2008년 12월부터 시행되어 법적효력을 가지고 있는 '정보통신망 이용촉진 및 정보보호에 관한 법률(이하 정보통신망법)'의 개정내용이 기업체에 미치는 영향에 대해 소개하고자 한다.

• Journal of the Korean Society of Marine Environment & Safety
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• v.20 no.6
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• pp.721-729
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• 2014

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.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.23 no.4
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• pp.374-383
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• 2013

Objectives: The major objective of this study is to review overall and in detail the Corporate Manslaughter and Corporate Homicide Act 2007 in the U.K.and the principal contents of this act. Methods: A variety of articles related to the background and circumstances under which the legistration was enacted and the details of this act were investigated and analyzed. Results: In enacting Corporate Manslaughter and Corporate Homicide Act 2007, legislators mainly took elements of legal culture into account and focused on seeking to broaden the law on corporate manslaughter. An indictable offence is considered to have been committed if the way in which an organization's activities are managed or organised causes a person's death and amounts to a gross breach of the relevant duty of care owed by the organization to the deceased. The way in which its activities are managed or organized by its senior management is a substantial element in the breach. Upon conviction, a corporation may be ordered to remedy any breach, publicize its failures, or be given an unlimited fine. Conclusions: The enactment background and details of Corporate Manslaughter and Corporate Homicide Act 2007 is understood accurately. On the basis of the findings, it is necessary to heighten effectiveness of punishment.for senior management or corporations that cause a person's death in Korea.

• Korean Security Journal
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• no.36
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• pp.525-559
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• 2013

Modern society has been exposed to various dangers and crimes in the process of globalization, informationization, decentralization etc. along with the development of material civilization under rapid changing societal environment. These factors are exerting a lot of effects in public security environments, as result there are gradual interest about crime and crime prevention. Realization of responsibility who take charge of social safety, from public security to private security, appears important topic at the moment. The positive point of view which private security industry is responsible to cope with security spheres instead of public security has been emerged from the reason that the public security has limitation to solve security problems for themselves. It is the time to make effort to compromise the public security and the private security industry to forecast social change and prevent dangers in the advance. In Korea, there has been close cooperation between public security and private security for decades. Strongly emerging and interesting sphere is "Private Investigation(Private Detective)" in Korea at present. There has been some proposed legislations of private investigation for decreasing burden of public security and social sympathy about possibility of private investigation system is increasing now. In this study, we focused on the introduction of private investigation system through the analysis of bill proposals for last 14 years, for instance historical aspects, contents, the differences among bill proposals. Among these, a comparison on bill proposals of the 19th National Assembly's during 2012 - 2013 were analysed mainly. We examined the importance point at issue items for introduction of private investigation system. Suggestions for introduction of private investigation system is as follows. The necessity of independent bill for developmental private investigation system is needed and the main body should be a juristic person instead of a individual for the public interest and responsibility. For the good service of private investigation and to prevent the unqualified person become a private investigator, the recruiting system and examination of private investigator should be prepared well and take into consideration anticipated problems. Also the necessity of definite jurisdiction department's appointment to divide responsibility in operation.