몽골의 뇌물범죄와 부정부패 방지를 위한 개선방안

Abstract

Corruption harms personal ethical values, destroys fair society, and corrupts law and order by threatening society and economy. Therefore, it is necessary to make national·personal efforts to prevent it. Since 1990, Mongolia experienced rapid social change in the course of turning into market economy system and then, faced frequent corruption and bribery offense. Thus, this thesis intends to analyze causes thereof in order to take a step forward more transparent society and to suggest an efficient direction with respect to criminal law and criminal policy. The main improvements proposed in this paper is as follows. 1. In order to correctly apply the Criminal law provisions on the investigation and trial procedures, It should be clear that the concept and scope of bribe, the distinction between gifts and bribery, the scope of public servants, the provision of punishment for corruption among individual, and the criteria to be used as administrative penalties. And it is necessary to revise the criminal law and a clear interpretation of the Supreme Court in Mongolia is also needed. 2. The basic bribery provisions of advanced countries doesn’t require between cheating and bribery. Therefore, in Mongolia, such regulations should be established. 3. It is required to review all the areas where bribery offenses may occur in order to prevent concealment of crime and to reduce hidden crime and then, to make detailed amendment of law to regulate such crime. 4. Since the existing law against corruption is not so effective, it needs to be fully revised. The purpose of the law should be clarified and the scope of punishment broadened. and it should be revised to make it understandable to prevent crime, Furthermore, to maintain the independence and neutrality of the Anti-Corruption Authority, the Anti-Corruption Authority should be promoted to an independent institution. The president of Mongolia must give up the party and appoint an anti-corruption chief. 5. As long as the standard of living is not improved without paying the public wages, the corruption crime of Mongolia will not be endless. Therefore, it is necessary to raise the wage level and stabilize the price level by realizing the compensation of public officials. 6. It is required to pay informant for compensation and to guarantee secrecy of informant in order to easily expose bribery offenses. In addition, expansion of benefit would be effective to prevent bribery offenses in case a bribe provider gave itself up for investigation with positive cooperation and therefore, it mentioned necessity of escape from criminal punishment or reduction of penalty if the offender turned himself in. 7. Mongolian people are widely aware that bribery is routine and always existed. Therefore, it is necessary to change the consciousness of these people and create a democratic society in all areas of politics, economy, society and culture. In addition, individual nationals and government agencies should cooperate with each other with the hope and will to prevent corruption.