고위공직자 부패 방지에 관한 형법적 고찰

The criminal punishment for high-ranking public Officials can be effective as an anti-corruption measure. Meanwhile, however, the criminal punishment has been criticized, because in case of high-ranking the investigation, the trial and the execution are not only impartial but also strict. In the sense that we know what the problem is, any improvement to be made can be seen. In order to ensure the fairness of the investigation, independent investigative agency against corruption like ‘Independent investigative agency against high-ranking public officials' corruption’, should be installed. This investigative agency must have the political neutrality and independence. And then high-ranking public officials should not be punished generously. In this regard, the court should try to increase the rate of imprisonment instead of being sentenced to probation. In case of bribery the sentencing guidelines which was established by the Sentencing Commission of the Supreme Court in 2009 may be helpful. Limitation of the President’s amnesty is also required. Whether these improvements can be realized of not depends on the will of the government and the cooperation of the National Assembly. In addition, the monitoring, control and participation of the people in anti-corruption is more than important than ever. Fighting corruption is a prerequisite for becoming an advanced country. When the proposed improvements are to be realized through the government’s will, the cooperation of the National Assembly and the monitoring and control of the people, our country will be able to join the ranks of advanced countries.