｢부정청탁 및 금품등 수수의 금지에 관한 법률｣에 대한 형사법적 고찰

• 영문명: The Study of The Improper Solicitation and Graft Prohibition Act in criminal view
• 발행기관: 한국형사정책학회
• 저자명: 김영중(Kim Yeong Jung)
• 간행물 정보: 『형사정책』刑事政策 第28卷 第3號, 359~383쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2016.12.30

영문 초록

“The Solicitation and Graft Prohibition Act” came into force from 27/09/2016. The Point of this act is prohibition of graft and improper solicitation for public officers and people working in the school and university, and press service. A bribe of public official and receiving of a person, who administering another s business differ in criminal law. A public official or an arbitrator who receives, demands or promises to accept a bribe in connection with his duties, shall be punished but a person who, administering another s business, receives property or obtains pecuniary advantage from a third person only in response to an illegal solicitation concerning his duty shall be punished. The Solicitation and Graft Prohibition Act contains a punishment of a person, who receive a bribe not in connection with his duty or work. In this side the requirements that are more concise than the Criminal Code. The Solicitation and Graft Prohibition Act can be a problem of excessive punishment raised in that the punishment of simple receiving not connect with his duty. Also, keep in mind that simply impose a prison sentence only in money or in modest punishment is unfair. By placing the amount of reference to impose criminal penalties, depending on the amount inherently suffers from the problems that divided the criminal prosecution, fines imposed. Unlike the punishment that bribery solicitation laws may appear excessive fluid medium can upset the greater because there is no punishment provisions. If there is an excessive difference between the water level in the penalty according to the proceeds of presence can cause adverse effects in its application. So leave the differences in penalties depending on the amount even in bribery, the court is required mitigation criteria for the proceeds of or not.

목차

Ⅰ. 들어가며

Ⅱ. 청탁금지법상 형벌규정

Ⅲ. 형법과 청탁금지법상 형벌규정비교

Ⅳ. 청탁금지법상 형벌규정의 해석상문제점

Ⅴ. 나가며

키워드

청탁금지법 김영란법 뇌물 배임수증재 부정청탁 The Solicitation and Graft Prohibition Act Kim youngran act Bribe Receiving or Giving Bribe by Breach of Trust illegal solicitation