反 부패와 사법부 독립

The Role of the Judicial Independence in Anti-Corruption : the Case of Korea

The Role of the Judicial Independence in Anti-Corruption : the Case of Korea Korea has been notorious for its corruption, especially in its public sector. Although some movements of eliminating corruption by governments have been attempted, the results were far from achieving success. Notwithstanding, up to this point, the Korea courts have not fully managed the anti-corruption mechanism satisfactorily. Therefore there is no doubt that the new environment in the anti-corruption would require new patterns of system and model in the courts, especially in the judicial decisions in Korea. This paper discussed the reality of fighting corruption and the role of the Supreme Court in controlling corruption. The regimes have attempted to clean up the corruption phenomena but failed because of its lack of management and legal systems. Therefore, the best control mechanism against corruption is the court system to administer an integrated anti-corruption act. The judicial decisions in the corruption-related cases and the court systems to controlling the widespread corruption phenomena have been inclined to dysfunction in anti-corruption. The decision taken by the justices of the Supreme Court and judges of the inferior courts to eliminate corruption exemplifies such dysfunction. This paper discusses the role of the Court in Korea, with a special focus on the effective mechanism to eliminate corruption. In this paper, the author considers the decisions and behaviors of the judges have depreciated the anti-corruption efficiency and the integrated anti-corruption law, though it will be acted. This paper suggests the proper role of Courts of Korea in eliminating corruption and the vital factors for managing the anti-corruption law from the political influence of external forces are the judicial independence. In conclusion, Korea should errect a united legal institutionalization to eliminate corruption, and the Supreme Court must be strengthened to maximize the control mechanism of corruption phenomena in the system.