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Review of Internal Control Measures to Suppress Corporate Crime

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2021, 9(2), pp.213-252
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : April 30, 2021
  • Accepted : May 17, 2021
  • Published : May 31, 2021

Park Woong Shin 1

1경남정보대학교

Candidate

ABSTRACT

Without the existence of a corporation based on capitalism, the management activities of companies have already become indispensable to human survival, to the extent that it is hard to think of the material affluence we currently enjoy. Although the quantitative and qualitative expansion of companies has benefited from expanding and reproducing economic goods and thus expanding employment, the reality is that various side effects, including environmental pollution, cannot be ignored. In particular, the adverse effects of such activities can be seen to be greater if the entity is directly or indirectly involved in various criminal activities. This type of crime not only adversely affects the sound national economy by greatly infringing on the normal economic activities of the state, but also damages the direct parties to the criminal act in a small way. Therefore, crimes committed by companies are also justified. The problem is that in modern society, the specificity of a company, a complex and specialized organization, acting systematically, or unofficially under the direction of its commanding officer, makes it difficult to detect corporate crimes, and, fortunately, even if caught, to prove the causal relationship between crimes and acts, such acts are the result of corporate management judgment and should not be subject to criminal responsibility. Criminal law should respond appropriately to the changing social environment. In view of the importance of enterprises in modern society, I think it is time for criminal policy attention as well as criminal understanding of crime to curb corruption and injustice and realize social justice. Therefore, to help us understand the type of corporate crime and its criminal policy response, we would like to review the issue of punishment for corporate crimes that have already occurred and how to prevent them.

Citation status

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