「부정청탁 및 금품등 수수의 금지에 관한 법률」에 대한 형사법적 고찰 - 형벌규정의 해석을 중심으로 -

Abstract

“The Solicitation and Graft Prohibition Act” came into force from 27/09/2016. The Point of this act is prohibition of graft and improper solicitation for public officers and people working in the school and university, and press service. A bribe of public official and reciving of a person, who administering another's business differ in criminal law. A public official or an arbitrator who receives, demands or promises to accept a bribe in connection with his duties, shall be punished but a person who, administering another's business, receives property or obtains pecuniary advantage from a third person only in response to an illegal solicitation concerning his duty shall be punished. The Solicitation and Graft Prohibition Act contains a punishment of a person, who receive a bribe not in connection with his duty or work. In this side the requirements that are more concise than the Criminal Code. The Solicitation and Graft Prohibition Act can be a problem of excessive punishment raised in that the punishment of simple receiving not connect with his duty. Also, keep in mind that simply impose a prison sentence only in money or in modest punishment is unfair. By placing the amount of reference to impose criminal penalties, depending on the amount inherently suffers from the problems that divided the criminal prosecution, fines imposed. Unlike the punishment that bribery solicitation laws may appear excessive fluid medium can upset the greater because there is no punishment provisions. If there is an excessive difference between the water level in the penalty according to the proceeds of presence can cause adverse effects in its application. So leave the differences in penalties depending on the amount even in bribery, the court is required mitigation criteria for the proceeds of or not.