‘신종’의 뇌물범죄에 대한 한국의 형법적 대처방안에 대한 고찰 = The Criminalization of New Type Bribery in Korea

다국어 초록 (Multilingual 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.

목차 (Table of Contents)

• Ⅰ. 서론: 문제의 제기 및 논문의 구조
• Ⅱ. 전통적인 뇌물범죄의 한계
• Ⅲ. 뇌물범죄의 부패범죄로의 확대 - 이른바 ‘투쟁입법’
• Ⅳ. 뇌물범죄의 국제화
• V. 결론: 투쟁입법의 한계

참고문헌 (Reference)

1 김일수, "형법각론"

2 임웅, "형법각론"

3 배종대, "형법각론"

4 한정환, "뇌물죄의 봉호법익 그리고 뇌물과 직무행위와의 대가관계" (9) : 261-, 1997