부패범죄의 의의와 반사회성 - 부패범죄의 보호법익 -
The Benefit and Protection of Corruptive Crimes
이용식(서울대학교)
13권 2호, 505~530쪽
초록
It is not simple to define what is corruptive crimes and what they mean. Although corruption or corruptive crime has been regarded as significant social problem through all the time and space. Every scholar has his/her own definition and put own significance on the corruptive crimes. It is the question about what crimes people can call or categorize as 'corruptive crime'. This paper basically covers and starts from that basic but fundamental question - What in the world the meaning and antisociality of crimes? To answer this question, legal, specifically criminal law - way of thinking process is taken. The benefit and protection could be one of the key to the meaning of the specific crime. Every crime is antisocial. And every crime infringe some legal benefit and protection. Then what is the benefit and protection of 'corruptive crime' which can differentiate it from other crimes? That is, in other words, the benefit and protection of corruptive crime is able to give concrete shape to define the general meaning and antisociality of it. To search that, the benefit and the protection of bribery charges of the public and private area are studied. And this time, we could think the other way that abstract the benefit and protection of each individual crime to draw the meta-level benefit of corruptive crime. On this process, finally, ‘fairness’ has been drawn as the benefit and protection of corruptive crimes which represent the general significance of corruptive crime category.
Abstract
It is not simple to define what is corruptive crimes and what they mean. Although corruption or corruptive crime has been regarded as significant social problem through all the time and space. Every scholar has his/her own definition and put own significance on the corruptive crimes. It is the question about what crimes people can call or categorize as 'corruptive crime'. This paper basically covers and starts from that basic but fundamental question - What in the world the meaning and antisociality of crimes? To answer this question, legal, specifically criminal law - way of thinking process is taken. The benefit and protection could be one of the key to the meaning of the specific crime. Every crime is antisocial. And every crime infringe some legal benefit and protection. Then what is the benefit and protection of 'corruptive crime' which can differentiate it from other crimes? That is, in other words, the benefit and protection of corruptive crime is able to give concrete shape to define the general meaning and antisociality of it. To search that, the benefit and the protection of bribery charges of the public and private area are studied. And this time, we could think the other way that abstract the benefit and protection of each individual crime to draw the meta-level benefit of corruptive crime. On this process, finally, ‘fairness’ has been drawn as the benefit and protection of corruptive crimes which represent the general significance of corruptive crime category.
- 발행기관:
- 한국비교형사법학회
- 분류:
- 법학