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A Study on the Relation with Public Duties of Article 8 in The Improper Solicitation and Graft Act

  • Public Land Law Review
  • Abbr : KPLLR
  • 2017, 78(), pp.261-281
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Yongjeon Choi 1

1대진대학교

Accredited

ABSTRACT

Since the Improper Solicitation and Graft Act does not have a legal definition of 'Relations with Public Duty', it is necessary to examine the foreign legislation on 'Relations with Public Duty' of the Prohibition of Acceptance of Financial or other Advantages, in reviewing the Penalties and legislation process about Relations with Public Duty, we also studied the relationship with 'Relations with Public Duty' in bribery crimes in criminal law. Duty range and contents, a criterion of Relations with Public Duty are suggested. And I introduce the viewpoint of 'Anti-Corruption & Civil Right Commission' related to 'Relations with Public Duty' and specific cases of the Supreme Court and the lower court. Through these researches, I suggest the improvement to emphasize ‘integrity’ in the purpose clause considering the relationship between the legislative purpose of the Improper Solicitation and Graft Act and 'Relations with Public Duty', a plan to improve the article by separating Article 8 (3) into independent articles and choosing a simple and clear legislative method it is possible to make it easier for the people to understand and comply with the contents and procedures of the regulation, and the reform program of various step-by-step levels to ensure the proportionality of the penalties based on the Relations with Public Duty and the amount of money.

Citation status

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