earticle

영어

Corruption harms personal ethical values, destroys fair society, and corrupts law and order by threatening society and economy. Therefore, it is necessary to make national·personal efforts to prevent it. Since 1990, Mongolia experienced rapid social change in the course of turning into market economy system and then, faced frequent corruption and bribery offense. Thus, this thesis intends to analyze causes thereof in order to take a step forward more transparent society and to suggest an efficient direction with respect to criminal law and criminal policy. The main improvements proposed in this paper is as follows. 1. In order to correctly apply the Criminal law provisions on the investigation and trial procedures, It should be clear that the concept and scope of bribe, the distinction between gifts and bribery, the scope of public servants, the provision of punishment for corruption among individual, and the criteria to be used as administrative penalties. And it is necessary to revise the criminal law and a clear interpretation of the Supreme Court in Mongolia is also needed. 2. The basic bribery provisions of advanced countries doesn’t require between cheating and bribery. Therefore, in Mongolia, such regulations should be established. 3. It is required to review all the areas where bribery offenses may occur in order to prevent concealment of crime and to reduce hidden crime and then, to make detailed amendment of law to regulate such crime. 4. Since the existing law against corruption is not so effective, it needs to be fully revised. The purpose of the law should be clarified and the scope of punishment broadened. and it should be revised to make it understandable to prevent crime, Furthermore, to maintain the independence and neutrality of the Anti-Corruption Authority, the Anti-Corruption Authority should be promoted to an independent institution. The president of Mongolia must give up the party and appoint an anti-corruption chief. 5. As long as the standard of living is not improved without paying the public wages, the corruption crime of Mongolia will not be endless. Therefore, it is necessary to raise the wage level and stabilize the price level by realizing the compensation of public officials. 6. It is required to pay informant for compensation and to guarantee secrecy of informant in order to easily expose bribery offenses. In addition, expansion of benefit would be effective to prevent bribery offenses in case a bribe provider gave itself up for investigation with positive cooperation and therefore, it mentioned necessity of escape from criminal punishment or reduction of penalty if the offender turned himself in. 7. Mongolian people are widely aware that bribery is routine and always existed. Therefore, it is necessary to change the consciousness of these people and create a democratic society in all areas of politics, economy, society and culture. In addition, individual nationals and government agencies should cooperate with each other with the hope and will to prevent corruption.

한국어

부정부패는 사회 및 경제를 위협함으로써, 개인의 윤리 가치관을 해치며, 공정한 사회를 무너뜨리며, 법질서를 어지럽히는 결과를 가져온다. 이를 방지하기 위해 끊임없는 국가적⋅개인적 노력이 필요하다는 것은 두말할 필요없다. 1990년 이후, 몽골은 사회주의에서 시장경제체제로 변화하는 과정에서 급격한 사회변화를겪게 되었고, 언론과 출판의 자유가 보장됨에 따라 과거에는 거의 드러나지 않았던 부정부패와 뇌물범죄가 빈번하게 되었다. 민주적 제도를 구축하고, 부패방지를 위하여 반부패청을 공식적으로 출범시켰지만 여전히 몽골의 부패 수준은 과거보다 심각한 수준을 보이고 있다. 따라서, 본 논문은 부정부패가 만연되어 있는 몽골이 선진국과 같은 투명한 사회로 진일보하기 위해, 이에 대한 원인과 실태를 분석한 후, 형법적, 형사정책적 개선방안이 무엇인지 제시하고자 하였다.