When a corporation commits a crime for their own profit such as fraud, bribery, dereliction of duty, and bid interference, they are not likely to be subject to punishment in case that there are no joint penal provisions. The profits gained through these illegal activities are, in most cases, for the corporation itself rather than individuals who actually commit the illegal act.
Thus, it appears that the need of sanctions to impose on corporations for their illegal activities increases to restore victims and restitute illegally gained profits. In order to overcome the limitations of the current law regulating illegal activities of corporations, some suggestions are provided in the paper.
The suggestions are provided from a short term perspective and a mid-long term perspective as well. The short term solutions are, primarily, to make adjustments to the existing system, consisting of six specific recommendations such as the establishment of joint penal provisions in the Special Criminal Act and Medical Service Act and the separation of the fine system for natural person and legal person, etc.
The mid-long term solutions suggested here are to enact a set of provisions in Criminal Law, which acknowledges the criminal responsibility of legal person, in reference to the New Criminal Law of France, which is reasonably applicable to the existing law of Korea in terms of legislation and practicability.