준법관리 프로그램의 형법적 의의와 기능

The Meaning and Function of Compliance Program in the Context of Criminal Justice

Amendments of the Commercial Code of Korea was promulgated on April 14, 2011, and will take effect on April 15, 2012. Under the amended Commercial Code of Korea, listed companies, falling within criteria to be decided, will be required to adopt internal compliance regulations and appoint a qualified legal compliance officer. compliance means conforming to a rule; corporate compliance program describes systematic procedures instituted by an company to ensure that the provisions of the regulations imposed by a government agency are being met. From the standpoint of criminology, appropriate compliance programs can play a significant role in the prevention of corporate crime and financial crime. According to the U.S. Federal Sentencing Guidelines, an effective compliance program should include compliance standards and procedures; oversight by high-level personnel; due care when delegating authority; effective communication of standards and procedures; auditing/monitoring systems and reporting mechanisms; enforcement of disciplinary mechanisms; and appropriate response after detection. The innovation of the Guidelines lies especially in the fact that the sentences imposed on the organization and its agents are designed to encourage the development of appropriate compliance programs: An organization that proves it has developed an effective program for preventing offenses and has begun implementing the program prior to the offence is eligible to have its fines and punishments reduced. This strategic approach can be considered also in the Korean legal context: Imposing criminal sanction on a juristic persons under the joint penal provisions shall be conditional on the existence of a appropriate compliance program.