사망재해 발생 기업에 대한 형사책임 강화 - 영국의 ‘법인 과실치사법’을 중심으로 - (Reinforcement of Criminal Responsibility of Corporations in the Occurrence of an Accidental Death in the U.K.: Focusing on “Corporate Manslaughter and Corporate Homicide Act 2007”)

서지정보

· 발행기관 : 한국산업보건학회
· 수록지 정보 : 한국산업보건학회지 / 23권 / 4호 / 374 ~ 383페이지
· 저자명 : 정진우

초록

Objectives: The major objective of this study is to review overall and in detail the Corporate Manslaughter and Corporate Homicide Act 2007 in the U.K.and the principal contents of this act.
Methods: A variety of articles related to the background and circumstances under which the legistration was enacted and the details of this act were investigated and analyzed.
Results: In enacting Corporate Manslaughter and Corporate Homicide Act 2007, legislators mainly took elements of legal culture into account and focused on seeking to broaden the law on corporate manslaughter. An indictable offence is considered to have been committed if the way in which an organization's activities are managed or organised causes a person's death and amounts to a gross breach of the relevant duty of care owed by the organization to the deceased. The way in which its activities are managed or organized by its senior management is a substantial element in the breach. Upon conviction, a corporation may be ordered to remedy any breach, publicize its failures, or be given an unlimited fine.
Conclusions: The enactment background and details of Corporate Manslaughter and Corporate Homicide Act 2007 is understood accurately. On the basis of the findings, it is necessary to heighten effectiveness of punishment.for senior management or corporations that cause a person's death in Korea.

영어초록

Objectives: The major objective of this study is to review overall and in detail the Corporate Manslaughter and Corporate Homicide Act 2007 in the U.K.and the principal contents of this act.
Methods: A variety of articles related to the background and circumstances under which the legistration was enacted and the details of this act were investigated and analyzed.
Results: In enacting Corporate Manslaughter and Corporate Homicide Act 2007, legislators mainly took elements of legal culture into account and focused on seeking to broaden the law on corporate manslaughter. An indictable offence is considered to have been committed if the way in which an organization's activities are managed or organised causes a person's death and amounts to a gross breach of the relevant duty of care owed by the organization to the deceased. The way in which its activities are managed or organized by its senior management is a substantial element in the breach. Upon conviction, a corporation may be ordered to remedy any breach, publicize its failures, or be given an unlimited fine.
Conclusions: The enactment background and details of Corporate Manslaughter and Corporate Homicide Act 2007 is understood accurately. On the basis of the findings, it is necessary to heighten effectiveness of punishment.for senior management or corporations that cause a person's death in Korea.

참고자료

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