@article{ART002261316},
author={Park, Sang-Heum},
title={Concept of relevancy to duty under The Improper Solicitation and Graft Act},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2017},
number={76},
pages={39-73}
TY - JOUR
AU - Park, Sang-Heum
TI - Concept of relevancy to duty under The Improper Solicitation and Graft Act
JO - DONG-A LAW REVIEW
PY - 2017
VL - null
IS - 76
PB - The Institute for Legal Studies Dong-A University
SP - 39
EP - 73
SN - 1225-3405
AB - Criminal bribery has a limitation in eradicating corruption of public officials because bribery crime requires relevancy to duty and Quid pro quo. Considering that the purpose of legislative acts to overcome this is securing the fairness of job performance through the prohibition of money laundering, the notion of relevancy to duty is greater than the bribery crime, It indicates the need to be applied. If we look at the case of 「Bill on the prevention of Unjust Solicitations and Conflicts of Interest」, which the Referral Protection Act refers to as a legislative example, there is a great deal of suggestion about the scope of job relevance. In the Sun-Diamond judgment, the bribery or illegality cases were not applied only to the possibility of affecting unspecified behavior, thus limiting the role of illegal cases. The Improper Solicitation and Graft Act should apply the concept of relevancy to duty broadly so as not to take such a train. However, when we look at the form and structure of The Improper Solicitation and Graft Act, we take a “negative Grenzziehung”(passive deduction form and exclude the bestowal from legitimate rights) in Article 8 (3) 3 of the Act. Or more. In addition, when looking at the structure of Article 8 (2) of the Act explicitly stating job relevance and Article 8 (3) (2) of the Act for the exceptional reason, The concept of relevancy to duty is interpreted more broadly than bribery because it is necessary to provide money within the scope of facilitate performance of duties or for social relationships as well as to cover the scope of the value. In other words, The Improper Solicitation and Graft Act, it is necessary to move toward recognizing comprehensive relevency to duty even if there is no intention to influence specific acts, case relationships, or specific acts.
KW - Relevancy to duty;Quid pro quo;bribery crime;Bill on the prevention of Unjust Solicitations and Conflicts of Interest;Sun-Diamond judgment;Comprehensive relevancy to duty
DO -
UR -
ER -
Park, Sang-Heum. (2017). Concept of relevancy to duty under The Improper Solicitation and Graft Act. DONG-A LAW REVIEW, 76, 39-73.
Park, Sang-Heum. 2017, "Concept of relevancy to duty under The Improper Solicitation and Graft Act", DONG-A LAW REVIEW, no.76, pp.39-73.
Park, Sang-Heum "Concept of relevancy to duty under The Improper Solicitation and Graft Act" DONG-A LAW REVIEW 76 pp.39-73 (2017) : 39.
Park, Sang-Heum. Concept of relevancy to duty under The Improper Solicitation and Graft Act. 2017; 76 : 39-73.
Park, Sang-Heum. "Concept of relevancy to duty under The Improper Solicitation and Graft Act" DONG-A LAW REVIEW no.76(2017) : 39-73.
Park, Sang-Heum. Concept of relevancy to duty under The Improper Solicitation and Graft Act. DONG-A LAW REVIEW, 76, 39-73.
Park, Sang-Heum. Concept of relevancy to duty under The Improper Solicitation and Graft Act. DONG-A LAW REVIEW. 2017; 76 39-73.
Park, Sang-Heum. Concept of relevancy to duty under The Improper Solicitation and Graft Act. 2017; 76 : 39-73.
Park, Sang-Heum. "Concept of relevancy to duty under The Improper Solicitation and Graft Act" DONG-A LAW REVIEW no.76(2017) : 39-73.
