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Publications
Improving the Prevention System of Corruption in the Private Sector
Language
Korean
Authors
, ,
Date
December 01, 2018
ISBN
979-11-89908-12-6

Abstract

1. Overview 1) Corruption in the private sector is now surpassing corruption of officialdom in its scale and influence. Hence, this study aims to explore the ways to improve the system for preventing corruption in the private sector at this time. 2) This study deals with the current issues and the measurement of corruption in the private sector. Also, it discusses about the trends of international society change for the prevention of corruption in the private sector. Moreover, it focuses on the Korean criminal penalties for corruption in the private sector. 2. Issues of Statistics Related to Corruption in the Private Sector and its Solution 1) The long-term solution is to systematically reform laws related to corruption in the private sector and to integrate them into a single legal system. However, it will be not achieved in a short period of time. 2) Instead, it is needed to establish a proper system and department which is responsible for collecting statistics regarding offences of the Korean Criminal Act, the Special Criminal Acts and the Korean Administrative Acts related to corruption in the private sector. 3) In the short term, maintenance of the most critical statistics related to ‘Article 357 (Receiving or Giving Bribe by Breach of Trust)’ of [the Korean Criminal Act] and corruption in the private sector of [the Act on the Aggravated Punishment, etc. of Specific Economic Crimes] should be carried out. 3. Implications from International Conventions and Foreign Legislation: Legislation on Foreign Public Officials 1) Because foreign officials are not public officials in their own countries, bribery of foreign public officials in international commerce constitutes corruption in the private sector. The recent trends in international conventions and foreign legislations have implications for the amendment of anti-bribery laws for foreign public officials in Korea. 2) There are grounds for criminalization bribery against third parties in connection with foreign public officials in OECD Convention, European Council Convention, UN Convention and UK Bribery Act of 2010. 3) The National Assembly of Korea passed amendment(Article 3, Section 2) to [the Act on Combating Bribery of Foreign Public Officials in International Business Transactions]. Hence, there is a ground for criminalization bribery against third parties in connection with foreign public officials. 4. Modification of Criminal Penalties for Corruption in the Private Sector 1) Under the current system of corruption in the private sector, the best practical measure for penalties for corruption in the private sector prescribed in administrative laws is a unified arrangement of the most basic elements of penalties; acts, objects, sentencing of both imprisonment and fine, confiscation and additional collection, and joint penal provisions. It is considered to be a feasible work. 2) Moreover, modification of statutory penalty should be carried out to ensure consistency and uniformity among relevant laws and regulations or similar laws such as medical, election, judicial, construction and manufacturing, athletic, finance, and traffic. And, it should be supplemented with legislations which has defects. 3) In addition, the measures for protection of whistleblowers in corruption in the private sector are as follows: In order to protect whistleblowers, it is important to improve legislative and institutional measures such as strengthening the confidentiality guarantee for whistleblowers, preparing measures to prevent disadvantages, establishing sufficient compensation and support plan, and structuring practical integrated reporting system. It is also necessary to make efforts to improve the negative social perceptions of whistleblowers.

Jitae Hwang

Crime Trends&Analysis

Senior Research Fellow

Jitae Hwang's picture

Research Interest (Major)

Criminal Statistics, Criminal Sociology

Report List

Current State and Countermeasures According to Different Types of Forgery in Korea

Measures to Strengthen the Efficacy of Criminal Policy for Public Safety (V)

Types and Countermeasures of the Investment Fraud

Crime Victims and their Needs for Support

Circumstances and Countermeasures of Unlawful Practices of Law (Ⅱ) - Focusing on the Reality of Corruption Committed by 'Attorney-At-Law Retired From Public Office' and Its Countermeasures

Improving the Prevention System of Corruption in the Private Sector

Unlawful Practice of Law in Korea (Ⅰ): Status and Countermeasures of Unlawful Practice of Law Broker

Analysis on the Structure and Mechanism of Corruption in Korea and Its Transforming Trend Pattern

The Structure, Mechanism, and Trends of Corruption in Korea (Ⅱ)

Factors of Changea in Juvenile Inmates’ Behavior at Juvenile Reformatories

Operation Condition and Improvement Plan of Court-Apppinted Assistant System for Minors

The Recent Anti-Corruption Law Issues: Jurisprudential Considerations and Public Opinion Survey on the Anti-Corruption Bill

Korean Crime Victim Survey in 2014

Korean National Crime Victim Survey (Ⅳ) -2014 Survey on Living Conditions of and Social Support for Crime Victims-

Korean Crime Victim Survey 2012

Cheonhyun Lee

Criminal Law&Policy, Criminal Justice Reform

Senior Research Fellow

Cheonhyun Lee's picture

Research Interest (Major)

Economic Crime, Corrupt act, Administrative sanctions

Report List

Circumstances and Countermeasures of Unlawful Practices of Law (Ⅱ) - Focusing on the Reality of Corruption Committed by 'Attorney-At-Law Retired From Public Office' and Its Countermeasures

Criminal Sanction on Corporate Activity (Ⅱ) -The Current Practices of Sanctions against Corporate Crime-

Criminal Policy on Large-Scale Accidents with Multiple Casualties and Injuries

Criminal Investigation of Administrative Agencies: Analysis of the Current Status and Improvement Measures

Strengthening the Forensic Science in Korean Criminal Justice System(Ⅳ)

Strenghtening the Korean Criminal Justice System Applying Forensic Science (V)

A Study on the Criminal Liability of Companies Profiting from Illegal Activities

Criminal Policy for Intectious Disease Control and Prevention

Status Report on Transnational Tax-Crime and Its Criminal Justice Manuevers

Crowdfunding: The Actual Conditions of Crime Using Crowdfunding and Its Countermeasures Status Report and Countermeasures against Crimes Using Crowdfunding

Improving the Prevention System of Corruption in the Private Sector

Jungho Lim

Criminal Law&Policy

Research Fellow

Jungho Lim's picture

Research Interest (Major)

Law

Report List

Criminal Justice Polices and Judicial Systems (ⅩⅣ): Evaluation Research and Legislative Improvement on the Video Recording System in Criminal Procedure

Circumstances and Countermeasures of Unlawful Practices of Law (Ⅱ) - Focusing on the Reality of Corruption Committed by 'Attorney-At-Law Retired From Public Office' and Its Countermeasures

Improving the Prevention System of Corruption in the Private Sector

The Criminal Justice Response and Development Strategy in the Age of the Fourth Industrial Revolution (Ⅰ) Autonomous Vehicle and Drone

Critical Review of Criminal Justice Bills During the 19th National Assembly of Korea: Outcomes and Challenges

Strenghtening the Korean Criminal Justice System Applying Forensic Science (Ⅶ): Response to Environmental Crime in the Time of Climate Change Crisis

Diversifying Sanctions against Corporate Illegality

A Study on the Criminal Liability of Companies Profiting from Illegal Activities

A Study on Rational Application Plan for ‘Publication of Facts of Suspected Crime’

Korean Institute of Criminology Official Video - img

Korean Institute of Criminology Official Video

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