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A Study on the Criminal Regulation of the Environment Crime - Focusing on the Joint Penal Provisions -

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2023, 11(1), pp.11-44
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : January 30, 2023
  • Accepted : February 25, 2023
  • Published : February 28, 2023

Song, Seung Eun 1

1배재대학교

Accredited

ABSTRACT

With the advancement of science and technology since the Industrial Revolution, humanity’s ability to transform nature has increased unprecedentedly. At the same time, the conflict between humans and nature was remarkable, and environmental issues became a global concern. In particular, in the late 20th century, as countries around the world progressed to industrialization for economic development, a large amount of natural resources were consumed, and in this process, hazardous substances such as waste were artificially released, became a huge threat to human health and life. As a result, countries around the world enjoy the benefits of industrialization and are also taking damage from environmental problems. It is proper our legal system that the Criminal Code incorporates acts damaging to important environmental substance and acts causing to human life and health by damaging environmental substances, while administrative regulations govern the other acts. The Criminal Law may intervene in the case in which polluting acts damage important environment substances and the cases in which polluting acts invoke abstract danger to human life and health. Thus the Criminal Law may prescribe two types of offences for the protection of environment: offences damaging important environmental sunstances and offences invoking abstract danger to human life and health. Each country regulates the polluting act done by juristic persons such as corporation and company. For most of environmental crimes are committed in large scale by organizations which have divisional and hierarchical structure. The views which deny the criminal capacity and criminal illegal acts done by corporations, otherwise than the common law countries do, assert to control illegal acts done by juristic person only through administrative regulations. But our country accepts the criminal liability of juristic person by way of the doctrine of bilateral liability, and thereby we do not need to say either that we can control juristic person only through administrative sanctions, or that we assume no fault liability for the criminal punishment of juristic person. The basis of criminal punishment of juristic person is the ommission or negligence of supervisory duties, and the juristic person is punished on account of its own violation of the duty.

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