범죄피해자로서 법인의 본질

A study on the nature of corporation as a victim of a crime: A corporation as a victim of contempt and intimidation

The corporation as the main body of crime has been studied adequate until now. But studies about the nature of corporation as a victim have so far been rare. This article shows that corporations are capable of being the main body of the benefit and protection of the law, as well as the object of a crime. There is no essential difference between the two conceptions, one is the approach favoring a direct punishment of the corporation with detailed criminal law, the other is approach focusing on a unique quality of an organization. It is possible for a corporation to do actus reus by oneself via a natural person, to have a unique quality as a victim that is based on the control liability. In other words, the corporation can independently do acts and can possess an intention, also can take form its own organizational culture which is being connected with future generations. Lastly the corporation can have the nature of the victim by secondary and third victimizations. Therefore, it is not right to assume that a corporation cannot be treated as a victim whatsoever. The above approach can cope with discharge by the secondary victimization and also can remove the possibility of additional crime by the third victimization.