인문학
사회과학
자연과학
공학
의약학
농수해양학
예술체육학
복합학
DBpia AI
AI 에이전트
AI 아이디어
AI 리더
AI 뷰어
Citeasy
크롬 서지관리 다운로드
지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
It is regulated on Water Pollution in general by the Act on the water quality and Ecosystem Conservation, and punished harshly on acts of water pollution crimes by the Act on the control of environmental Offenses etc. and the Aggravated Punishment. There are different problems from general criminal crimes such as difficulties of the definition of intention and negligence, and imbalance of punishment employees and corporate in environment crimes. The matter is the relation of the regulation about causation`s presumption, and criminal punishment for their corporate by joint penal provisions. Even though causation`s presumption is the principle of in dubio pro reo in criminal procedure, it can be difficult to be allowed by the reason of the spirit of presumption of innocence. But social the strong such as corporate can be protected, if causation`s presumption is denied in Water Pollution Crimes. Therefore it should be allowed in strict condition if the principle of in dubio pro reo has the basis to protect legal the weaker. In addition, if employees violate affairs of corporate they should be punished and corporate should be punished with a fine as well by joint penal provisions. But it is not applicable where corporate would do its duties with considerable care and superintendence to prevent their violations in affairs. The Supreme Court admits whether the corporate did educated the employees not to violate there could not be negligent in its duties of care and superintendence. So it is opened an exemption way through formal education for the employees. Thus, there is the limitation to prevent Water Pollution Crimes, and imbalance of the punishment between employees and corporate arise because of the regulation that corporate can be exempt the punishment, the punishment with a fine despite of even its negligence, or a negligence fine while the employees are punished in prison. Although there are some problems as above, when we consider that it is far from to recover contaminated water once, even there are legal problems more of less, it should be restrained with a punishment. But the precondition to take effectiveness of legal regulations is prompt discovery of acts of water pollution. Therefore we need to (re)organize effectively a system of environment surveillance against Water Pollution Crimes.
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목차
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참고문헌
참고문헌 신청최근 본 자료
UCI(KEPA) : I410-ECN-0101-2016-360-002573888
