Status and tasks of domestic anti-corruption laws responding to international efforts to combat corruption

Ju-hee Eom
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Abstract

Corruption is not a problem confined to one country, and since its harms transcend national borders, the international community has been working together to solve this problem for decades. The international community's anti-corruption discussion and cooperation began with the enactment of the Foreign Corrupt Practices Act (FCPA) in the United States in 1977, through the enactment of the Organization for Economic Cooperation and Development's (OECD) Anti-Bribery Convention in 1999, and the conclusion of the UN Anti-Corruption Convention in 2003. The G20 Summit, a global economic consultative body that emerged in the wake of the 2008 global economic crisis, recognized corruption as the main cause of the global financial crisis, and the 2010 G20 Seoul Declaration emphasized cooperation on corruption at the international level. The was adopted in the form of an annex. This action plan includes contents to urge member countries to join and ratify major international conventions against corruption, such as the United Nations Anti-Corruption Convention and the OECD Anti-Bribery Convention, as well as a cooperative system to prevent corrupt public officials from using the financial system and to prevent corrupt public officials from entering and providing shelter. Measures that require close cooperation between countries, such as Goryeo and support for the recovery of hidden assets overseas, were included. In addition, each member country agreed to report the situation every year so that the could lead to effective policies. In order to lead and actively participate in these changes in the international situation, it is judged that Korea, a member of the G20, needs basic research for active implementation and policy and institutional reorganization based on this. This paper examined the contents of international activities centered on the UN Anti-Corruption Convention to respond to corruption, the foundation of the domestic legal system and the current status of domestic legal implementation of international agreements. In addition, institutional and policy directions to be improved for future anti-corruption activities were presented.
应对国际反腐败努力的国内反腐败法律现状和任务
腐败不仅仅是一个国家的问题,由于其危害超越国界,国际社会几十年来一直在共同努力解决这一问题。国际社会的反腐败讨论与合作始于1977年美国颁布《反海外腐败法》(FCPA), 1999年经济合作与发展组织(OECD)《反贿赂公约》的制定,2003年联合国《反腐败公约》的缔结。2008年全球经济危机后成立的全球经济协商机构G20峰会承认腐败是全球金融危机的主要原因,2010年G20首尔宣言强调了国际层面的腐败合作。该文件以附件的形式获得通过。该行动计划的内容包括,敦促成员国加入并批准《联合国反腐败公约》、《经合组织反贿赂公约》等主要国际反腐败公约,以及防止腐败公职人员利用金融系统、防止腐败公职人员进入并提供庇护的合作体系。其中包括高丽等需要国家间密切合作的措施和支援海外隐匿资产的回收等。此外,每个成员国同意每年报告情况,以便能够导致有效的政策。为了引领并积极参与这些国际形势的变化,作为G20成员的韩国需要进行积极实施的基础研究,并以此为基础进行政策和制度重组。本文考察了以《联合国反腐败公约》为核心的国际反腐败活动的内容、国内法律体系的基础以及国内法律履行国际协定的现状。此外,还提出了今后反腐败活动需要改进的体制和政策方向。
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