민간부문 부패의 의의와 법적 과제

Abstract

Generally, corruption means the public or political one and most statutes and norms of every nation are focusing on those. So it’s academically or substantially meaningful to establish the definition of the private sector corruption and the scope of that. It is also needed to find out the exterminatory measures of private sector corruption. In the first part, this article defines the definition of the private sector corruption. It is basically same with the public or political corruption in the aspect of “the abuse of entrusted power for private gain”, but there is a difference that it occurs in private organization(or corporation). In the second part, this article confirms that the scope of the private sector corruption is somewhat different and varies according to the culture of every nation. Nevertheless, judging from the rules and statutes of many countries in operation, it can be classified roughly into two part-the inner private sector corruption and outer one. The former includes the accounting fraud, bribery and money laundering, and the latter includes the corruption concerning with the public office or officer and the competition among companies. In the third part, the acts and rules on private corruption have something in common in many aspects, even there are some differences according to the culture of each nation. Finally, it is essential to make every effort to exclude exclusionary practices and wrong doings-that is as follows; making the criteria on private sector corruption, establishing the system of protection of whistle blowers, endowing the substantial power to authorities concerned, encouraging the members of society including NGO and NPO, protecting the money laundering, and improving the culture that can protect the corruption in corporations.