법무부의 부패방지법제

Abstract

The term “act of corruption” means any of the following acts: (a) The act of any public official’s abusing his/her position or authority or violating statutes in connection with his/her duties to seek gains for himself/herself or any third party; (b) The act of inflicting damages on the property of any public institution in violation of statutes, in the process of executing the budget of the relevant public institution, acquiring, managing, or disposing of the property of the relevant public institution, or entering into and executing a contract to which the relevant public institution is a party; (c) The act of coercing, urging, proposing and inducing any act referred to in items (a) and (b) or act of covering it up. The term “corruption offense” means any of the predicate offenses prescribed in the attached Table committed with the purpose of obtaining by unlawful or unjust means any corporeal or social gains, or to aid or abet another in obtaining the same. This paper reviews the Korean legislative history against corruption in public sector, especially in the Ministry of Justice and deals with the pressing issues around the “Improper Solicitation and Graft Act.” The outline of this paper is as follows: Chapter 1. Introduction Chapter 2. Korean Legal System for the Prevention of Corruption Chapter 3. Evaluation on the “Improper Solicitation and Graft Act” Chapter 4. Concluding Remarks The “Act on Special Cases Concerning the Confiscation and Return of Property Acquired through Corrupt Practices” was established in South Korea with a view to the efficient implementation of the “United Nations Convention against Corruption.” Such crucial Acts as “Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission,” “Codes of Conduct for Public Officials in the Ministry of Justice,” “Improper Solicitation and Graft Act,” etc. are discussed.