미국 해외부패방지법의 집행동향과 국내기업의 대응방안

Abstract

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.