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Publications
Diversifying Sanctions against Corporate Illegality
Language
Korean
Authors
,
Date
December 01, 2016
ISBN
979-11-87160-36-6

Abstract

With rapid growth of capitalism today, the companies have risen to a position of dominance that affects the lives of individuals, directly and indirectly. Most of the companies are incorporated under the laws and authorized as a corporation, which is a legal entity that enjoys most of the rights that an individual possesses not only in the private, but also in the public sectors. The corporations cause various deleterious effects through their activities; nevertheless, corporate capacity to commit a crime are denied. The rationale of this treatment is the principle that only a natural person can be considered as a subject of committing an offence under the criminal laws, and therefore a corporation that lacks an intent and body of its own should be denied of its legal subjectivity to act, and of its liability as well. Although there are some mechanisms to punish companies or corporations, other than the natural persons, by using joint penal provisions prescribed in a variety of administrative criminal laws, even they have inherent limitations in that they premise punishment to a natural criminal as prerequisite. Furthermore, it is difficult to identify a specific individual who should be held accountable for an offence inside a complicated corporate structure. Therefore, when it is impossible to identify a specific employee of the company to apply legal sanctions or where there does not exist a specific person to apply punishment, the justice system may produce irrational outcomes that no criminal sanction can be applied to the offence. Particularly, in corporate crimes that cause a large-scale tragedy, such as Sewol ferry disaster and Oxy RB(Reckitt Benckiser)‘s humidifier disinfectants disaster, the subject that creates and controls a dangerous situation due to a lack of safety measure or any other reasons is not a specific individual, but a corporation itself in general, the corporations cannot be held criminally liable of its own under the current legal system. The critics point out this as the fundamental limitation of the system. While corporations enjoy massive profits through their business operation, they do not take proper legal responsibilities for their illegal activities. To realize justice in society, it is necessary to enforce a prospective legislative measure to punish the corporations at fault, aside from the matter of subjectivity to apply punishment. It is also necessary to consider the aspects of criminal justice policy that the legal system should protect the society from the corporations’ anti-social activities. For this purpose, the system should be refined to message the corporations that the disadvantages suffered from the possible criminal punishments exceed the advantages gained by committing illegal activities. In sum, diversifying the criminal sanctions to prevent the corporate crimes effectively and forfeit the illegal profits is necessary. The types of sanction, which used to be reserved as more serious and careful approach, such as corporate dissolution, compulsory closure or suspension of business, judicial oversight, exclusion from participation in public contract, announcement of the corporation’s violation of the law, and punitive damages, should be adopted, in this context.

Jeeyoung Yun

Public Safety and Crime Prevention, Criminal Law&Policy

Senior Research Fellow

Jeeyoung Yun's picture

Research Interest (Major)

Criminal Law, Criminal Procedure, Criminal Policy

Report List

Pre-Sentence Investigation in Korea

Public Participation in the Preceding Stage of a Criminal Trial

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

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

Application of Videoconferencing System in Criminal Proceedings

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

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

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

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

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

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

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

Korean Institute of Criminology Official Video - image

Korean Institute of Criminology Official Video

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