Korea's Implementation of the OECD Convention on Combatting Bribery of Foreign Public Officials Jong-Bum Kim As international economic interdependence grows, it is increasingly recognized that corruption in international business is undermining integration of the world economy. The OECD has rallied international efforts to combat corruption and has succeeded in concluding the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions on December 17, 1997. Once the OECD Convention enters into force and the South Korean government legislates domestic laws implementing OECD recommendations on combating international corruption, there will be significant changes in the commercial practices of Korean firms in the overseas markets. Bribes to foreign officials by Korean firms will now be subject to punishment by domestic law. Korean firms will operate in the overseas markets subject to the international norms stipulated in the OECD Convention.

The effect of ratifying the OECD convention and following the OECD recommendations on combating international bribery will have important consequences on domestic criminal laws dealing with bribery in the domestic market. The OECD Convention explicitly states that among others things, bribery distorts internationally competitive conditions. The purpose of the Convention is to establish a level playing field by criminalizing the bribery of domestic public officials. Implementing the OECD Convention, however, will have important consequences in the way the domestic criminal laws dealing with bribery of domestic public officials is interpreted. The usual interpretation of Korea's domestic criminal bribery law's aim is to protect the integrity of a public official's duty. In addition to the current interpretation, the protection of domestic competitive conditions should be incorporated in the interpretation of the aim of domestic criminal law against bribery. The protection of a level playing field in the domestic market is becoming increasingly important as current economic difficulties in Korea are attributed to the failing competitiveness of the Korean economy. Bribery and corruption in Korea have resulted in inefficiency in the economy.
Criminal punishment of those who bribe to domestic public officials stipulated in domestic criminal law is less severe than that of those who bribe to foreign public officials stipulated in the OECD convention. Korean criminal law should be amended to make the punishment of bribing domestic public officials on par with that of bribing foreign public officials. This study aims to analyze the process of covergence of domestic norms to international norms. This study looks at the integration of the Korean economy into the world economy with Korea's adoption of the OECD Convention as an illustrative example.

序 言
要 約

I. 序 論

II. 海外에서의 腐敗防止 論議
1. 腐敗剔抉 論議의 背景과 動向
2. 美國의 國際貿易에서의 賂物防止 노력
3. OECD에서의 賂物防止 論議

Ⅲ. OECD 賂物防止協定의 國內適用과 問題點
1. OECD 규범의 國內的 受容
2. 國內 賂物罪와 海外立法의 比較
3. 國內規範化 過程上 保護法益의 問題

Ⅳ. 結論
1. 反腐敗 論議에 대한 韓國의 對應
2. 國內規範에 주는 示唆點

附錄
1. OECD 賂物防止協定 前文 및 註釋 飜譯本
2. 海外賂物去來防止法(案)

參考文獻