메뉴 건너뛰기
.. 내서재 .. 알림
소속 기관/학교 인증
인증하면 논문, 학술자료 등을  무료로 열람할 수 있어요.
한국대학교, 누리자동차, 시립도서관 등 나의 기관을 확인해보세요
(국내 대학 90% 이상 구독 중)
로그인 회원가입 고객센터 ENG
주제분류

추천
검색
질문

논문 기본 정보

자료유형
학술저널
저자정보
저널정보
중앙법학회 중앙법학 중앙법학 제16집 제2호
발행연도
2014.6
수록면
157 - 184 (28page)

이용수

표지
📌
연구주제
📖
연구배경
🔬
연구방법
🏆
연구결과
AI에게 요청하기
추천
검색
질문

초록· 키워드

오류제보하기
This article describes the main reasons why foreign corrupt practices are considered one of the most serious risks to globally-operating corporations, and the countermeasures of Korean corporations against that. First, many countries, especially the 38 countries which ratified the OECD Anti-Bribery Convention, have begun to share information to combat this problem. Particularly noteworthy is that the US Department of Justice (DOJ) started to apply its Foreign Corrupt Practices Act (FCPA) extraterritorially far more actively than ever. Second, countries such as the USA and EU countries began to impose severe sanctions against offenders who broke laws that prohibit corporations from providing illicit money to foreign politicians and officials. Over the past several years, the amount of penalties levied upon corporate offenders has risen exponentially. The maximum amount one corporation has paid already reached 1.6 billion US dollars. Third, the DOJ(as well as the SEC) has acquired very effective measures and tools (e. g., discretionary power to determine final penalties, plea agreements, deferred prosecution agreements, and the establishment of the FCPA Reporting Center), which make it much easier to collect and accumulate criminal information and to bring charges against FCPA offenders. This article describes the main reasons why foreign corrupt practices are considered one of the most serious risks to globally-operating corporations, and the countermeasures of Korean corporations against that. First, many countries, especially the 38 countries which ratified the OECD Anti-Bribery Convention, have begun to share information to combat this problem. Particularly noteworthy is that the US Department of Justice (DOJ) started to apply its Foreign Corrupt Practices Act (FCPA) extraterritorially far more actively than ever. Second, countries such as the USA and EU countries began to impose severe sanctions against offenders who broke laws that prohibit corporations from providing illicit money to foreign politicians and officials. Over the past several years, the amount of penalties levied upon corporate offenders has risen exponentially. The maximum amount one corporation has paid already reached 1.6 billion US dollars. Third, the DOJ(as well as the SEC) has acquired very effective measures and tools (e. g., discretionary power to determine final penalties, plea agreements, deferred prosecution agreements, and the establishment of the FCPA Reporting Center), which make it much easier to collect and accumulate criminal information and to bring charges against FCPA offenders. In addition, U.S. Department of Justice and the Securities Exchange Commission is considering, to process the FCPA violation, that the Corporation have in advance effective compliance program to prevent and disclose FCPA violations, and that program is operating in the real effect. In other words, the Corporation be able to sentenced the non-prosecution disposition by a law enforcement agency, if has been carried out Effective program for preventing corruption, such as established, faithfully enforced the compliance program adequate to the Corporation's business and the environment. Thus, the domestic companies correctly diagnosed business risk, thereby that needs to in advance establish and in good faith enforce the effective compliance programs. and that program must, according to the market's changing conditions and the regulatory environment, continue to evolve. To put this in perspective, this article proposed Practical measures that the Corporation reviewable in planning to hospitality taking into account the experience of leading international companies.

목차

등록된 정보가 없습니다.

참고문헌 (19)

참고문헌 신청

이 논문의 저자 정보

이 논문과 함께 이용한 논문

최근 본 자료

전체보기

댓글(0)

0

UCI(KEPA) : I410-ECN-0101-2016-360-002572023