뇌물죄 규정의 구조적 한계와 포괄적 뇌물죄의 확대에 관한 고찰

The state has to fulfill the expectation of the happy life of the people, and on the other hand has the duty to remove the potential or real obstacle in the happy life that people desire. There is a bribery of public servants in the corruption crime where the seriousness of the damage to the fundamental value and order as the foundation of the society’s permanence and the happy life of the people is judged to be considerable. Incidents of corruption involving civil servants, especially those related to bribery, are assessed as a serious crime of infringement on the fundamental values and order of society. The comprehensive bribery of the Supreme Court of Korea is also limited by the structural limitations of the current law in view of its reflection and social impact. In order for a norm to be effective as a norm, it must not only be a normative content corresponding to the expectations of the general public, but also maintain effective functions in the application of norms. The fundamental function of the norm and the request for the unity of the legal system are the basic purpose of maintaining the state through maintaining the social permanence and stability of the people coexisting in the system of norms, not maintaining the function of the norm itself. Corruption crimes, represented by bribery crimes by public officials, must be genuinely suppressed due to the seriousness of the harm to the permanence and stability of society, and criminal sanctions must be strictly imposed in the aftermath. The implementation of strict criminal sanctions is expected to be preceded by the relaxation of the constitutional requirements in consideration of the social harm and the completion of the explicit provisions and the conclusive interpretation accordingly.