기업의 부패범죄에 대한 형사처벌 제도 개선 방안 - 국제 반부패 규범상 뇌물거래 금지와 관련하여 -

There are international conventions to combat corruption. And the United Nations Convention against Corruption is more comprehensive than the Organisation for Economic Co-operation and Development Anti-Bribery Convention or any of the regional anti- corruption instruments that preceded it. That is, such as the US Foreign and Corrupt Practices Act 1977(FCPA). The FCPA was due to the Tanaka-Lockheed scandal, involving the giant US defence contractor, which was uncovered in the Watergate case. The FCPA is composed of two main provisions, the antibribery provisions and books and record provision. In General. The crime of corporate corruption is one of many regulatory challenges posed by globalisation. Thus the Germany has decided to accept the general international anti-corruption norms, revising German Criminal Acts without violating the fundamental principles of the German Legal Systems. Moreover, every companies might have various incentives for implementation of the compliance programs. Incentives for corporations are to shield themselves against criminal liability and to deter criminal activity of corporate corruption. The consequences of corruption are very severe. The corporate corruption undermines the legitimacy of government resulting in distrust within a rule of law society. But it is difficult to remove the corporate crimes with the traditional Korean Criminal Acts. Therefore in a retrospective of comparative studies for corporate corruption crime the Korean Criminal Punishment System must be improved to deter corporate bribery crimes covering every sphere of official corruptions. It might be more reasonable to introduce some penal sanctions including the implementation of international norms especially referring Revised German Criminal System. Then our korean punishment structure would contribute to prevent the corporate corruption crimes.