공무원범죄에 대한 규범적 통제 - 공무원범죄의 개념과 통제방안을 중심으로 - (Normative Control of the public official crime - Focused on the concept and regulation measure of the public official crime -)

서지정보

· 발행기관 : 한국비교형사법학회
· 수록지 정보 : 비교형사법연구 / 13권 / 2호 / 643 ~ 668페이지
· 저자명 : 김봉수

초록

In general, the term "public official crime" can be defined as a crime committed by a public official. But it is attributable to cause a dislocation of anti-corruption policy making, because this concept is too abstract and too inclusive. Thus it is necessary to reify a concept of public official crime for efficiency improvement of control over it. In other words, it is necessary to define "public official crime" as "a crime committed by a public official in connection with his duties"Furthermore, because public official crime is a typical example of white-collar crime, anti-corruption policies mainly with prevention are unsuitable for controling over public official crime. Therefore the direction of existing policies needs to be diversified, for example, from an administrative regulation biased by the prevention of crime to a more powerful control and punishment by criminal law.
Of course, there's another view against these policies strengthening criminal punishment. But the increase in public official crime shows that the existing policies to control public official crime have obvious limits.
Therefore, to reduce public official crime rate even now, we should keep preclusive policies by administrative regulation, but, at the same time, we need to strengthen up punishment by criminal law than we do. However the way for reinforcement of punishment should be done by interpreting correctly and applying criminal law rigorously without exception, not simply by making a statutory penalty high.

영어초록

In general, the term "public official crime" can be defined as a crime committed by a public official. But it is attributable to cause a dislocation of anti-corruption policy making, because this concept is too abstract and too inclusive. Thus it is necessary to reify a concept of public official crime for efficiency improvement of control over it. In other words, it is necessary to define "public official crime" as "a crime committed by a public official in connection with his duties"Furthermore, because public official crime is a typical example of white-collar crime, anti-corruption policies mainly with prevention are unsuitable for controling over public official crime. Therefore the direction of existing policies needs to be diversified, for example, from an administrative regulation biased by the prevention of crime to a more powerful control and punishment by criminal law.
Of course, there's another view against these policies strengthening criminal punishment. But the increase in public official crime shows that the existing policies to control public official crime have obvious limits.
Therefore, to reduce public official crime rate even now, we should keep preclusive policies by administrative regulation, but, at the same time, we need to strengthen up punishment by criminal law than we do. However the way for reinforcement of punishment should be done by interpreting correctly and applying criminal law rigorously without exception, not simply by making a statutory penalty high.

참고자료

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