기업범죄의 피해유형과 피해자 구제방안에 관한 소고

An Inquiry on Damage Pattern of Corporate Crime and Remedy for Crime

Special laws that regulate penalties or sanctions have been overly enacted as part of countermeasures against various corporate crimes. It might be said to be an international trend but it does more harm than good. For example, the guiding principles or systematic principles of the law against corporate crimes are vague. Also, economic laws might be enacted according to the extemporaneous administrative convenience. As a result, the original purpose of legislation can be impaired by considering the conflict of interests for the related parties, which makes it difficult to effectively handle the corporate crimes. As recognition measures related to the incidents and exposures of the corporate crimes are insufficient, the status and seriousness of the undisclosed enterprise crimes have not properly grasped. Also, the classification and management system of those exposed are insufficient to accurately analyse their scopes, fields, or types except the name of the offense. As a result, it became one of the most harmful elements in our economy and society, for the corporate crimes have been evolved with new techniques and various forms in accordance with the swiftly changing economy in both quality and quantity. Nevertheless, effective precautionary measures are difficult to establish. So, it just presents odd bits of information and countermeasures through a microscopic analysis for each incident after picking up the crimes individually. It cannot present the comprehensive, macroscopic analysis and the counterproposal of the criminal policy, nor grasp the overall status of the corporate crimes. That's about the actual circumstances of the corporate crimes. As the corporate crimes are generated from the business areas related with the routine works of the offenders, they try to avoid feelings of guilt, and the public are lack in recognizing the corporate crime as a criminal act. The owners and the executives who are offenders easily yield to the temptation such as an act in violation of their duty to pursue their economic gains or personal fames. Also, those crimes are conducted as part of business related to their routine works. Therefore, they seldom have guilt feeling and are willingly submit to the punishment because they consider themselves as an inevitable victim to secure company profit. Furthermore, the protective gains of the corporate crimes are the economic method or institutional function, and the criminal act does not include violence or do not arouse directive harm on the public order. As its damage are dispersed into the overall society, recognition of the possible punishment against the economic crimes from the public are detracted. On the other hand, as the victims of the corporate crimes are unspecified individuals, its countermeasures, management and the emotion of the offenders toward the victims are different from those of the individual crimes. As most violation of the economic criminal law are infringement of the economic order and the social offence of the benefit and protection of the law, it is difficult to find features of definite victims. The incidents of environmental pollution include victims such as the local residents and a large number of consumer groups, and their damages are not concentrated on a certain area, unlike the individual victims from the individual crimes. So they are not considered as a severe crime. Therefore, appropriate requests from the victims might be mistaken as unreasonably excessive due to the seemingly extreme measures and ways. In case of the corporate crimes, sincere negotiation between the offenders and the victims are neglected, and there tend to be a sharp emotional conflict of opinion. For the victims part, it does not blame the measures and ways of negotiation, but it requests the executives and supervisors of the corporation that they should understand the actual conditions and feelings of the victims, and should consistently participate in the sincere neg