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Publications
The Recent Anti-Corruption Law Issues: Jurisprudential Considerations and Public Opinion Survey on the Anti-Corruption Bill
Language
Korean
Authors
, ,
Date
December 01, 2015
ISBN
979-11-87160-01-4

Abstract

This paper deals with challenges and improvement measures of the Anti-Corruption and Bribery Prohibition Act (also known as Kim Young-ran Act or anti-corruption bill, hereinafter the anti-corruption bill). While caught in the middle of various controversies, this act was legislated in March 2015, expected to be enacted in September 2016. Legislative intent of the anti-corruption bill, which is eradication of corruption and graft, can be shared among all as universal and valid that this act’s value and significance are easily obtained. Nevertheless, skeptical views exist with regard to fulfilling the legislation purposes with the contents of the bill. Hence, this paper thoroughly examines the anti-corruption bill in the jurisprudential sense and analyzes the results of surveys subjected to the general public and stakeholders on main issues of the bill. It is to make a multifaceted diagnosis of the current anti-corruption bill in order to prepare improvement measures for the act prior to its enactment. Among the varied issues in relation to the current anti-corruption bill, the challenge posed to the act can be expressed in brevity by stating that the act tries to resolve the issue of ambiguity in subjects that the act is applied to with exceptive clauses. In other words, this act is likely to exhaust its energy on which act falls under the exception rather than which act is in violation of the concerned act. It lacks clarity in differentiating which act is an exceptive act that is allowed in the social rule as well as in an issue of particular equivalent value. The existing bill covers an expansive range of acts that may be against the bill. This paper formulates examples of such acts and asks the survey respondents to discern their illegality with an aim of comparing these outcomes. This comparison shows that while many cases jurisprudentially do meet the elements of crime under the anti-corruption act, a majority of people do not consider them as matters of significance. Either in the sense of implications such survey results carry or in terms of outcomes of legalistic examination, it is clear that the present act needs to equip with more definite standards. To this end, together with consideration of crucial issues derived from the aforementioned challenge, this paper suggests 1) at the least, adding a requirement of ‘relevancy to duty.’ It is to avoid overly inclusive application of the existing anti-corruption act. Moreover, 2) in regard to inclusion of journalists into the subjects of legal application of the act, the paper suggests to plainly provide reasons for such inclusion or to bring other professions with strong public influence under the coverage or to exclude journalists from it. Further suggestions encompass 3) eliminating elements of ambiguity from the list of types of acts in violation of the bill and 4) an opinion on a clause of spouse’ accepting bribes that its removal still guarantees a legal ground for regulating corruption by spouses.

Jitae Hwang

Crime Trends&Analysis

Senior Research Fellow

Jitae Hwang's picture

Research Interest (Major)

Criminal Statistics, Criminal Sociology

Report List

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

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

Korean Crime Victim Survey 2012

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

Korean Crime Victim Survey in 2014

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

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

Factors of Changea in Juvenile Inmates’ Behavior at Juvenile Reformatories

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

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

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

Improving the Prevention System of Corruption in the Private Sector

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

Crime Victims and their Needs for Support

Types and Countermeasures of the Investment Fraud

Yookeun Kim

Criminal Law&Policy, Criminal Justice Reform

Research Fellow

Yookeun Kim's picture

Research Interest (Major)

Criminal law theory, Criminal Procedure, Economic Crime

Report List

Criminal Policy and Judicial System (Ⅵ) -International Comparison and Evaluation on Revision of Criminal Code-

Reforms for the Criminal Justice System based on Fairness and Human Rights(II): Reforms for the Appeal and the Revision in the Criminal Procedure

Evaluation of Criminal Law Legislation by the 20th National Assembly and Further Challenges

Reforms for the Criminal Justice System Based on Fairness and Human Rights (Ⅰ) - Measures to Enhance the Evidence Examination Methodology for an Objective Fact-finding in a Penal Offense

Analysis of Korean Criminal Justice System and its Management (Ⅲ): Diagnosis on Investigative Structure and Elements for Improvement

Risk-Governing Criminal Law and Criminology in the Late-Modern Society(Ⅰ) - Risk-Groverning Criminal Law & Criminology in the Contemporary Science-Technology Society

Risk-Governing Criminal Law and Criminology in the Late-Modern Society(Ⅰ) - Energy Technology and Criminal Policy for the Risk Management : Focusing on Nuclear Power Technology

Criminal Justice Policy and Integration in the Context of Korean Penninsula Re-Unification (Ⅰ): Assessment on Criminal Justice Integration of German Re-Unification in its 25th year and Remaining Challenges

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

Anti-Corruption Law Reform

Study on Special Criminal Acts Reform and Comprehensive Maneuver: Possibility of Economic Crimes related Special Criminal Acts Integrating into Criminal provisions of General Criminal Laws

Junhee park

Crime Trends&Analysis

Research Fellow

Junhee park's picture

Research Interest (Major)

Public Policy, Public Administration, Corruption, Municipal Police system

Education/Professional Experience

Graduate School of Public Administration, Seoul National University, PhD.Candidate, in Public Administration, 2019

Graduate School of Public Administration, Seoul National University, M.A. in Public Administration, 2013

Report List

Municipal Police System in Korea (Ⅱ)

Municipal Police System in Korea (Ⅰ)

Supporting Victimized Korean Residents Abroad

The Effectiveness of Compliance in Electronic Supervision: Focused on the Curfew Order

Research on Measures for Strengthening the Efficacy of Criminal Policy for Guaranteeing Public Safety (Ⅲ): Focused on Poverty Stricken Area's Safety Status and Elements for Improvement

Criminal Justice Policy and Future Strategy for Social Change (Ⅲ): Economic Polarization and Changes in Criminal Policies

Strengthening the Efficacy of Riminal Policy for Public Safety (Ⅰ): Policy Measures to Enhance Public Sense of Safety

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

A Preliminary Study on Building Crime Prevention System Utilizing Crime Big Data (Ⅱ)

Korean Institute of Criminology Official Video - image

Korean Institute of Criminology Official Video

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