Korea Anti-Corruption Law Association最新文献

{"title":"Legal Review of Anti-corruption in Urban Development projects: Regarding the Daejang-dong development project","authors":"M. Bae","doi":"10.36433/kacla.2022.6.1.61","DOIUrl":"https://doi.org/10.36433/kacla.2022.6.1.61","url":null,"abstract":"The corruption perceptions index (CPI) of our country has improved. It is difficult to define in a single word what the concept and range of urban development projects are. The laws related to the return of development profits encompass , , and . Although anti-corruption laws have a criminal law nature in terms of the form. However, since legal ethics are considered important in terms of justice and the rule of law, they belong to the area of the crime prevention law. The main concern is focused on whether they have served as check laws to strengthen publicness for project operators in urban development projects, and whether they will be able to continue this function. This study was intended to review my study conducted about one year ago regarding the return of development profits and reinforcement of publicness in the urban development projects. This study examined the history of the Act on Urban Development Projects and reviewed the content of the return of development profits pursuant to . At the same time, this study dealt with the issues related to the Daejangdong development projectas the subtitle of this study as well as the conjoint development. While presenting the outline and progress of the Daejangdong urban development project, this study explained how the Daejangdong urban development project has been implemented in accordance with the Act on Urban Development Projects before the revision. Then, this study discussed the contents of revision of the Act on Urban Development Projects. \u0000The project operator claimed that a huge development profit of 550.3 billion KRW was returned through the Daejangdong development project. Therefore, this study reviewed whether this claim was a law enforcement act pursuant to . As a result, different from the claim made by the project operator regarding the return of enormous development profits, the development cost is the due cost that must be borne by the principal agent of the development project according to the and it cannot be regarded as the return of development profits. \u0000The method of supplying the developed land by private project operators obeys the Article 26, Clause 2 of . However, the competitive bidding under the Article 57, Clause 2 of the Enforcement Decree of the same Act corresponds to a binding rule. The Clause 3 is, in principle, a discretionary rule, but the proviso is the binding rule. The rules that can be supplied through a private contract (at-will contract) follow, in principle, the method of competitive bidding and drawing lots. Exceptionally, it is possible to supply the developed land based on a private contract. Considering that the method of competitive bidding, drawing lots, and private contract is a critical issue in which sharp conflicts of interest collide between the public-private interest and between private-private interests, 11 ways to reduce the room for discretionary intervention by the administrative body were established allowing the private contracts only","PeriodicalId":306029,"journal":{"name":"Korea Anti-Corruption Law Association","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121094769","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Study on the Prevention of false accounting of Local Governments: Focus on the case of unauthorized expenditure in Japan","authors":"Heon-sun Hwang","doi":"10.36433/kacla.2022.6.1.95","DOIUrl":"https://doi.org/10.36433/kacla.2022.6.1.95","url":null,"abstract":"There are national interests, fairness, and common sense in the state affairs and the principles of state administration proposed by the current government. The “fairness and common sense” in constitutional state also includes adhering to the rule of law, in which laws legislated by the National Assembly, the representative of the people, apply fairly to all citizens. \u0000Also, rule of law should be comply with providing financial resources for the operation of the state. From the perspective of the rule of law, the provision of financial resources must be subject to the tax burden in accordance with the basis regulations of the tax law. This is the principle of no taxation without law in our constitutional law. In addition, the tax burden must be imposed substantially equally according to each person's taxable capacity, which appears as Principle of taxation equality under the constitutional law. In this way, taxes imposed and collected by taxpayers such as the state or local governments are unilateral and compulsory monetary benefits, and there is no explicit opposition to them. Therefore, the financial resources raised through taxation must be used transparently and fairly. \u0000And residents can use systems such as residents suit under the Local Autonomy Act to monitor whether the taxation subject is using the funds legal. In this regard, this paper will examine matters related to illegal expenditures such as political activity expenses issued in Japan based on ordinances. \u0000And money such as political activity expenses is also used in Korea as a expense for parliamentary activities. Through the case of Japan, which has a similar legal system to Korea, it could discuss what implications our society can derive to prevent corruption in the use of public funds related to political activities in the future. \u0000First, accounts that receive money through taxes, such as future political activity expenses, should be more specific and distinguished. In case accounting use does not go as planned, it is necessary to consider a system such as appropriation. Second, if fraudulent accounting use is detected, strong sanctions should be imposed, such as not being able to receive related expenses in the future. Third, as long as the subsidy consists of taxpayers' money, it should not be limited to the size of the amount. Using Japan's case as a basis for calculation, a system should be established. \u0000The system is that can reduce corruption of money delivered by people's taxes through more specific legislation in the future.","PeriodicalId":306029,"journal":{"name":"Korea Anti-Corruption Law Association","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116043556","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Study on Current Issues Related to the Anti-Corruption Act","authors":"Jae-kwang Kim","doi":"10.36433/kacla.2022.6.1.3","DOIUrl":"https://doi.org/10.36433/kacla.2022.6.1.3","url":null,"abstract":"This study aims to examine the current issues of the Anti-Corruption Act focusing on the revised bill. In Chapter 2, the legal issues related to the protection and compensation support for whistleblowers were reviewed following: first, vitalization of the corruption reporting system through the essential reduction of penalties; second, reinforcement of reporter protection strengthening protection procedures for reporting person, easing requirements for temporary suspension decision for ‘procedural pre-protection and post-review’ of reporting person); third, improving the effectiveness of subrogating the right to claim compensation for damages. Next, in Chapter 3, legal issues related to the strengthening of citizens' surveillance and participation functions were considered through securing the timeliness and effectiveness of the national audit request system. Lastly, in Chapter 4, legal issues related to strengthening the integrity of public institutions were reviewed as follows: first, investigation and evaluation of corruption in public institutions and imposition of administrative fines; second, the use of business secrets by employees of public institutions; third, the punishment on acquiring property by using undisclosed information acquired in official affairs unrelated to work. \u0000It is impossible to prevent massive corruption without aversion to small corruption. Moreover, The problems corruption are serious not only in the public sector, but also in the private sector. Therefore, I agree with the point that solution should be changed from public office-centered corruption to public interest-centered corruption in the future. \u0000The rule of law has developed as a principle of liberalism to guarantee the freedom of the people, and is recognized today as a component of liberal democracy along with separation of powers. \u0000Anti-corruption needs to be approached from the perspective of overcoming the crisis of the rule of law, because corruption has the meaning of eroding the rule of law.","PeriodicalId":306029,"journal":{"name":"Korea Anti-Corruption Law Association","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115204275","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Status and tasks of domestic anti-corruption laws responding to international efforts to combat corruption","authors":"Ju-hee Eom","doi":"10.36433/kacla.2022.6.1.115","DOIUrl":"https://doi.org/10.36433/kacla.2022.6.1.115","url":null,"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. \u0000This 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.","PeriodicalId":306029,"journal":{"name":"Korea Anti-Corruption Law Association","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129849423","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Corruption prevention plan for university autonomy and personnel administration","authors":"N. Kim","doi":"10.36433/kacla.2022.6.1.31","DOIUrl":"https://doi.org/10.36433/kacla.2022.6.1.31","url":null,"abstract":"The Constitution recognizes university autonomy to practically guarantee academic freedom. University autonomy means that universities autonomously decide and execute university issues without external influence and take responsibility for the results. \u0000National and public universities and private universities, within the scope of not violating the Constitution, the Higher Education Act, the Education Public Officials Act, the Disciplinary Order for Education Officials, and the Private School Act, the University Faculty Personnel Regulations, University Faculty Disciplinary Regulations, University Faculty Promotion Regulations, University Faculty Reappointment Regulations, The Articles of Incorporation, etc. are regulated autonomously, and new recruitment, reappointment, promotion, dismissal, and disciplinary actions are reviewed by the University Personnel Committee, the Faculty Personnel Committee, and the Faculty Disciplinary Committee in accordance with the faculty personnel related regulations. Personnel authority and disciplinary authority have been conducting personnel administration at their discretion. In particular, university personnel administration is understood as a lawful disposition, not judged as a deviation or abuse of discretion, unless it significantly loses its validity from a socially accepted point of view. \u0000Despite the fact that fairness, objectivity, and integrity are more required in the faculty personnel department, the sacred university that seeks truth demands money and valuables while hiring new teachers, solicits or arranges professor appointments, or delays, academic ties, or Personnel corruption is constantly occurring due to collusion in hiring relationships due to blood ties, abuse of power, bribery, embezzlement, intentional deception, fraud, and non-compliance with personnel regulations. \u0000In the case where the Ministry of Education has conducted a comprehensive audit when personnel corruption at a specific university has become a social problem, most of them are given a 'Warning' or 'Caution' despite the fact that the personnel corruption was revealed. In addition, even though the sentencing for personnel corruption by teachers is a matter of severe punishment, they are disposing of light punishment without objective reasons for mitigating. \u0000Therefore, after examining the concept, legal nature, content and limitations of university autonomy, the direction for preventing corruption in university personnel administration is presented. In particular, from the viewpoint of ensuring university autonomy under the Constitution, the direction of enactment of the Anti-Corruption Act on personnel administration of university faculty, rationalization of the Conflict of Interest Prevention Act, strengthening of university self-audit functions, establishment of good governance in personnel administration, rationalization of anti-corruption policies, and mandatory education on integrity and ethics, and discusses the mandato","PeriodicalId":306029,"journal":{"name":"Korea Anti-Corruption Law Association","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121907405","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Searching for a rational control direction to prevent corruption in the Korean police power - Focused on the UK police system -","authors":"Koung-mi Huh","doi":"10.36433/kacla.2022.5.2.33","DOIUrl":"https://doi.org/10.36433/kacla.2022.5.2.33","url":null,"abstract":"The purpose of this study is to seek reform and desirable control directions for the Korean police based on the analysis of the UK police control system. The control features of the UK police are the distribution of police power to local police and special police, the guarantee of supervision by the Secretary of Home Office, and the monitoring and sanctions of police corruption by IOPC and HMICFRS. Therefore, this suggests the direction of corruption control and desirable institutional improvement in the Korean police. First, the Ministry of Interior ad Safety should faithfully fulfill its role as a hierarchical supervisory authority as a superior authority of the National Police Agency and the Autonomous Police Committee. Second, the Ministry of Interior and Safety should directly carry out the affairs of the National Police Commission. Third, the police's ability to respond to crimes should be strengthened by introducing a practical autonomous police system. Fourth, the Serious Crimes Investigation Agency shall be under the Ministry of Justice and exercise the right to investigate and prosecute. Fifth, the Police and Investigation Corruption Inspection Committee is separately established under the Prime Minister. Sixth, the police recruitment system must be completely reorganized to eliminate discriminatory personnel management.","PeriodicalId":306029,"journal":{"name":"Korea Anti-Corruption Law Association","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123925452","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Public law permissible limits of parliamentary privileges- Including the discussion of dropping privileges -","authors":"Yong-jeon Choi, Bong-Ki Shin","doi":"10.36433/kacla.2022.5.2.3","DOIUrl":"https://doi.org/10.36433/kacla.2022.5.2.3","url":null,"abstract":"Our Constitution stipulates the president's criminal privilege (Article 84), the non-arrest privilege of the National Assembly member (Article 44), and immunity Privilege (Article 45), which are privileges for direct constitutional institutions' governing functions. The immunity and non-arrest privileges constitutionally granted by the Constitution are being criticized as indulgences for the politics of revelation or the bulletproof National Assembly that protects criminals. There is pressure to be However, since these powers and privileges are premised on the function of the National Assembly, depending on the case, individual members cannot renounce these privileges on their own, and their existence itself is so important that it cannot be restricted even by a resolution of the parliament. \u0000In the 16th presidential election around 2003, the attendance of lawmakers involved in the presidential slush fund case of candidates from both the opposition parties was postponed due to the convening of an extraordinary session of the National Assembly before the prosecution. Due to this incident, the privilege of non-arrest left a stigma as a tool to the 'Bulletproof National Assembly'. At the Constituent Assembly of the 1st Republic, a member of the National Assembly, who also served as the Minister of Agriculture and Forestry, was recommended to resign on the grounds that he had a different view on the president's grain purchase policy, and the arrest agreement was subject to him. There was also a positive case in which Congress protected a member of the parliament from government oppression by rejecting the arrest motion. \u0000The immunity privilege does not conform to equity with the general public by sculpting responsibility for criminal acts such as insults or defamation, but it can also be a powerful device to protect lawmakers from illegal government oppression, such as the case of Yoo Seong-hwan. . \u0000By the time of the 21st National Assembly's legislative period, all three motions for the arrest of a member of the National Assembly submitted for general crimes unrelated to their legislative activities were approved. This shows a fairly positive progress in that the lawmakers do not wrap themselves around and think about objective legitimacy. However, in general, the legislative activities of the National Assembly members are still being criticized for not reaching the level of the public, and they are being forced to lay down the contents of the various powers that have been given to them. \u0000In this situation, in order to systematically review the privileges and privileges of the members of the National Assembly and find ways to improve them, the powers and privileges of the members of the National Assembly will be reviewed, various methods for releasing the privileges will be introduced, and the discussion on the release of the privileges of members of the National Assembly will be briefly discussed. and (II), the most representative privileges of non","PeriodicalId":306029,"journal":{"name":"Korea Anti-Corruption Law Association","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128008864","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Study on Corruption Status of Elected Officials in Local Government and Anti-Corruption Measures","authors":"Hoe-Chang Kim","doi":"10.36433/kacla.2022.5.2.107","DOIUrl":"https://doi.org/10.36433/kacla.2022.5.2.107","url":null,"abstract":"A country's competitiveness in the global environment is multiplied when local governments operate soundly. However the moral hazard of elected officials who make up local governments is serious. It is the result of corruption. The current corruption of local governments is no longer something to be overlooked. The reasons for viewing corruption as dangerous are simple and clear. Corruption itself is a problem but if it spreads like an epidemic the whole country is at stake beyond the threat to the existence of local autonomy. First in the case of the head of a local government the scope and influence of the authority he exercises is much larger and more powerful than that of general public officials. In particular the bosses of the group go beyond simply individual crimes causing economic loss to local residents and a decisive obstacle to the establishment of mature local autonomy by lowering trust in local administration. What is serious about the corruption of local council members is that individual members themselves participate in various voting rights and are directly involved in the activities of the standing committees to which they belong as well as the activities of special committees for various purposes. \u0000The problem is that while the local autonomy of our country is accumulating more experience the corruption of the heads of local governments and local council members is repeating and getting worse. Therefore in this study what are the causes of corruption among the heads of local governments and local councilors and what is the actual situation and a timely plan was prepared. I convinced that if we accept and cooperate with the proposals of practical and real-life researchers local governments will be freed from the chains of corruption and regain their role. \u0000 \u0000","PeriodicalId":306029,"journal":{"name":"Korea Anti-Corruption Law Association","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116731263","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Anti-corruption measures in the tax field in the new government","authors":"N. Kim","doi":"10.36433/kacla.2022.5.2.63","DOIUrl":"https://doi.org/10.36433/kacla.2022.5.2.63","url":null,"abstract":"Although tax evasion due to tax investigation (including tax violation investigation), tax fraud and other misconduct is strictly punished by the Tax Criminal Punishment Act, tax corruption has not been reduced. Moreover, by avoiding tax in order to reduce the tax burden under the tax law, fair taxation among taxpayers is overshadowed. In particular, in the area of ​​tax law, due to the expertise, specificity, and complexity of the tax law, taxpayers secretly and unreasonably reduce their tax burden, which is becoming a social issue. \u0000Therefore, when the new government seeks anti-corruption measures in the field of tax law, it reviews the anti-corruption system under the current tax law, and as a legal task, it stipulates the tax avoidance system, introduces the self-information disclosure system for delinquents, introduces the offshore tax evasion prevention law, and prevents tax evasion. We present improvement points by considering the introduction of a tax investigation system using artificial intelligence and measures to strengthen tax evasion suppression through rationalization of administrative penalties such as tax evasion.","PeriodicalId":306029,"journal":{"name":"Korea Anti-Corruption Law Association","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130932093","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Corruption and legal action in large-scale development projects","authors":"N. Kim","doi":"10.36433/kacla.2022.5.1.3","DOIUrl":"https://doi.org/10.36433/kacla.2022.5.1.3","url":null,"abstract":"","PeriodicalId":306029,"journal":{"name":"Korea Anti-Corruption Law Association","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114145614","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}