지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
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During the changing of humans social and economic activity, dangerous elements, which were made by corporations or the organization of corporations have threatened the human society for long time. Especially in the case of Korea, since the 1970s, while it had obtained the positive results of economic development due to the policy of focusing on the developing economy, the negative aspects, which are illegal conditions, related to corporations had emerged. Due to these illegal situations, the government and society have had difficulties.
Therefore, society needs more effective laws in order to regulate the crimes of corporations because not only there is a huge amount of damage to society but also citizens become the victims of corporation crime. However, we have to recognize that there are a lot of problems in regulating the crimes of companies in the point of theory and way of legislation, because the current administrative or criminal punishments are unfair due to the characteristics of the corporation crime itself.
Thus, in order to make effective, reasonable policies which regulate the crimes of corporations, first of all, I will define corporation crime and then compare and research similar crimes such as White Crime, Property Crime, and Economic Crime. Then, after discussing the characteristics, such as the difficulties of definition of actor, the tendency of these crimes to be related to authority, commercialism, imitation, relation to each other, intelligence, specialty, concealment, the degree of damage and so on, I classified the types of corporation crime based on act, victim, and scope of act.
Additionally, I believe that the following topics in corporation crime must be evaluated in order to seek the effective policy which regulates the crime of corporation.
First of all, we have to study about the ways corporations are punished. Especially in terms of criminal punishment, there needs to be more attention not only because until now it has not been determined whether corporations have the capability to commit crime or not, but also because there are no unified opinions, which would create a reasonable ground for the dual-punishment of corporations through both criminal and administrative means.
Second, it is necessary to consider the sentencing process because there have been arguments for a long time that the courts sentencing, involving penalties which restrict the right of bodily freedom in corporation crime, is inappropriate compared to a general human beings crime. In addition, the damage of corporation crime is so huge to our society that we have to reconsider sentencing of corporation crime offenders. Also, the effectiveness of the penalties of fine and confiscation need to be reevaluated.
Finally, we have to consider more effective punishments such as probation, suspension of business, and social service to properly deal with the crime of corporations. Especially, I think that our society has to manage the corporation crimes more effectively by installing a special organization to handle corporation crime.
Therefore, society needs more effective laws in order to regulate the crimes of corporations because not only there is a huge amount of damage to society but also citizens become the victims of corporation crime. However, we have to recognize that there are a lot of problems in regulating the crimes of companies in the point of theory and way of legislation, because the current administrative or criminal punishments are unfair due to the characteristics of the corporation crime itself.
Thus, in order to make effective, reasonable policies which regulate the crimes of corporations, first of all, I will define corporation crime and then compare and research similar crimes such as White Crime, Property Crime, and Economic Crime. Then, after discussing the characteristics, such as the difficulties of definition of actor, the tendency of these crimes to be related to authority, commercialism, imitation, relation to each other, intelligence, specialty, concealment, the degree of damage and so on, I classified the types of corporation crime based on act, victim, and scope of act.
Additionally, I believe that the following topics in corporation crime must be evaluated in order to seek the effective policy which regulates the crime of corporation.
First of all, we have to study about the ways corporations are punished. Especially in terms of criminal punishment, there needs to be more attention not only because until now it has not been determined whether corporations have the capability to commit crime or not, but also because there are no unified opinions, which would create a reasonable ground for the dual-punishment of corporations through both criminal and administrative means.
Second, it is necessary to consider the sentencing process because there have been arguments for a long time that the courts sentencing, involving penalties which restrict the right of bodily freedom in corporation crime, is inappropriate compared to a general human beings crime. In addition, the damage of corporation crime is so huge to our society that we have to reconsider sentencing of corporation crime offenders. Also, the effectiveness of the penalties of fine and confiscation need to be reevaluated.
Finally, we have to consider more effective punishments such as probation, suspension of business, and social service to properly deal with the crime of corporations. Especially, I think that our society has to manage the corporation crimes more effectively by installing a special organization to handle corporation crime.
목차
Ⅰ. 서론
Ⅱ. 기업범죄의 개념
Ⅲ. 기업범죄의 특성
Ⅳ. 기업범죄의 분류
Ⅴ. 결론
〈ABSTRACT〉
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