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A Study on the Criminal Liability of Companies Profiting from Illegal Activities
Language
Korean
Authors
, ,
Date
December 01, 2014
ISBN
978-89-7366-460-3

Abstract

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.

Cheonhyun Lee

Criminal Justice Reform, Criminal Law&Policy

Senior Research Fellow

Cheonhyun Lee's picture

Research Interest (Major)

Economic Crime, Corrupt act, Administrative sanctions

Report List

Strenghtening the Korean Criminal Justice System Applying Forensic Science (V)

Criminal Investigation of Administrative Agencies: Analysis of the Current Status and Improvement Measures

Criminal Policy on Large-Scale Accidents with Multiple Casualties and Injuries

Criminal Sanction on Corporate Activity (Ⅱ) -The Current Practices of Sanctions against Corporate Crime-

Circumstances and Countermeasures of Unlawful Practices of Law (Ⅱ) - Focusing on the Reality of Corruption Committed by 'Attorney-At-Law Retired From Public Office' and Its Countermeasures

Improving the Prevention System of Corruption in the Private Sector

Crowdfunding: The Actual Conditions of Crime Using Crowdfunding and Its Countermeasures Status Report and Countermeasures against Crimes Using Crowdfunding

Status Report on Transnational Tax-Crime and Its Criminal Justice Manuevers

Criminal Policy for Intectious Disease Control and Prevention

A Study on the Criminal Liability of Companies Profiting from Illegal Activities

Strengthening the Forensic Science in Korean Criminal Justice System(Ⅳ)

Jeeyoung Yun

Criminal Law&Policy, Public Safety and Crime Prevention

Senior Research Fellow

Jeeyoung Yun's picture

Research Interest (Major)

Criminal Law, Criminal Procedure, Criminal Policy

Report List

Strenghtening the Application of Forensic Science in Korean Criminal Justice System(Ⅵ)

UN∙International Cooperation and Research for Crime Prevention(XI): Criminal Justice Policy for Northeast Asia Peace and Cooperation Initiative Ⅰ- Northeast Asia Regional System for Human Rights Protection in Criminal Procedure

A Study on the Criminal Liability of Companies Profiting from Illegal Activities

Strenghtening the Korean Criminal Justice System Applying Forensic Science (V)

Strengthening the Forensic Science in Korean Criminal Justice System(Ⅳ)

Application of Videoconferencing System in Criminal Proceedings

The Criminal Justice Response and Development Strategy in the Fourth Industrial Revolution (Ⅲ) : Virtual Reality(VR) and 3D Printing

Evaluation of Criminal Law Legislation by the 20th National Assembly and Further Challenges

Public Participation in the Preceding Stage of a Criminal Trial

Criminal Compensation System : Operation Condition and Suggestion for Improvement

Diversifying Sanctions against Corporate Illegality

Strenghtening the Korean Criminal Justice System Applying Forensic Science (Ⅶ): Response to Environmental Crime in the Time of Climate Change Crisis

Enhancing the Human Rights Support of the Ministry of Justice in Korea

Strenghtening Korean Criminal Justice System Applying Forensic Science (Ⅷ): Artifical Intelligence Technology

The Criminal Justice Response and Development Strategy in the Age of the Fourth Industrial Revolution (Ⅰ) Autonomous Vehicle and Drone

The Criminal Justice Response and Development Strategy in the Age of the Fourth Industrial Revolution (Ⅱ) : The Internet of Things(IoT) and Blockchain

Pre-Sentence Investigation in Korea

A Study on the Criminal Appeal

Jungho Lim

Criminal Law&Policy

Research Fellow

Jungho Lim's picture

Research Interest (Major)

Law

Report List

Criminal Justice Polices and Judicial Systems (ⅩⅣ): Evaluation Research and Legislative Improvement on the Video Recording System in Criminal Procedure

A Study on Rational Application Plan for ‘Publication of Facts of Suspected Crime’

Circumstances and Countermeasures of Unlawful Practices of Law (Ⅱ) - Focusing on the Reality of Corruption Committed by 'Attorney-At-Law Retired From Public Office' and Its Countermeasures

Improving the Prevention System of Corruption in the Private Sector

The Criminal Justice Response and Development Strategy in the Age of the Fourth Industrial Revolution (Ⅰ) Autonomous Vehicle and Drone

Critical Review of Criminal Justice Bills During the 19th National Assembly of Korea: Outcomes and Challenges

Strenghtening the Korean Criminal Justice System Applying Forensic Science (Ⅶ): Response to Environmental Crime in the Time of Climate Change Crisis

Diversifying Sanctions against Corporate Illegality

A Study on the Criminal Liability of Companies Profiting from Illegal Activities

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Korean Institute of Criminology Official Video

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