‘신종’의 뇌물범죄에 대한 한국의 형법적 대처방안에 대한 고찰

Abstract

Whatever the reason for past reluctance about the criminalization of 'new type bribery' and despite difficulties with meaningful evidences on the problem, the control of 'new type bribery' or 'structural corruption' in Korea has become a major topic in criminal policy discussions. Though there is widespread agreement that new type bribery or structural corruption has to be combated without delay and in a suitable way, thus far only limited attempts have been made, mainly in the area of prevention. A significant part of this research consists of examining the existing laws and their interpretations in courts and academic opinions, and the future combating measures to improve the existing laws and theories against new type bribery. Thus, this research comes to conclusion that the introduction of combating measures and other preventive measures should not depend on whether or not corruption has already come to light. Especially criminal law measures is mandated as a last resort by the need to keep business and public administrationn 'clean' and, as a matter of principle, cannot be founded on morality.