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회사 경영자의 상법상 특별배임행위에 대한 현행법 적용의 문제점과 처벌정책을 둘러싼 입법논쟁

Author
손동권
Journal Title
형사정책
Publication Year
2013
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Summary

This paper discusses the problems of applying the current law to special embezzlement by corporate managers under the Commercial Act and the legislative debate surrounding punishment policies. Both stricter and leniency in punishment policies are deemed invalid, and the business judgment rule should be discussed in the area of corporate law rather than criminal law. The paper also suggests correcting the current practice of applying the Specific Act on the Aggravated Punishment to special embezzlement under the Commercial Act and clearly defining it through legislation in accordance with the principle of legality.

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회사 경영자의 상법상 특별배임행위에 대한 현행법 적용의 문제점과 처벌정책을 둘러싼 입법논쟁 The problems of application of current acts and legislative dispute about the punishment for special breach trust against managers of corporation under the Korean Commercial Code

손동권 · 2013

형사정책

회사법상의 특별배임죄 On the Special Breach of Trust under the Commercial Code in Korea

양동석; 박승남 · 2014

기업법연구

업무상배임죄ㆍ특별배임죄의 면책요건으로서 경영판단원칙 도입에 관한 논의 - 대법원 형사판례를 중심으로 - Discussion on the Introduction of the Business Judgment Rule as an Exemption of Liability to Occupational Breach of Trust and Crime of Special Misappropriation – Focusing on Supreme Court Criminal Precedents –

오채은 · 2025

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