A Comparative Study on the Prevention of Public servant’s Corruption for improving the legal system of Mongolia and Korea
Mongolia’s new constitution that values human rights was adapted 1991 after the socialist regime with one party dominant system of 79 years of history collapsed and a fr...
A Comparative Study on the Prevention of Public servant’s Corruption for improving the legal system of Mongolia and Korea
Mongolia’s new constitution that values human rights was adapted 1991 after the socialist regime with one party dominant system of 79 years of history collapsed and a free market economic system introduced. Although the new constitution elevates and promotes the values of democracy such as human rights, to have private property, to vote and be voted, and to speak freely; issues still exist in the development of democracy. When look back corruption in Mongolia from 1990s in general, there has been enormous issues in the society because of corruption in the state owned companies and land privatization, appointing those who are not capable to the governmental positions, approving laws on mining for lobbyists, and issuing special mining licenses illegally. By approving anticorruption law in 1996, Mongolia has established legal environment to investigate and sentence; further joined to the UN Convention on anticorruption in 2005, and again, completely renewed the 1996 law in 2006, and established Anti corruption agency in 2007 however; Mongolia is still not able to deal with corruption fully.
Regardless of approving Laws on transparency of information and rights that on getting information to make evident the activities of governments, Law on Glass accounts that to make visible of governmental finance transactions, Law on regulation for public and private interests in public sector, and Law on preventing personal interests; according to Transparency international, Corruption perceptions index (CPI) of Mongolia has not been improved for years; in fact the country encounters with new billionaires, which born from governments.
The corruption perceptions index of Mongolia discloses that Mongolia was placed in 99th place with point of 28 out of 100 in 2006, 99th with 30 points in 2007, 102th with 30 points in 2008, 120th with 27 points in 2009, and 87th with 38 points in 2016. In this regard, South Korea’s Corruption perceptions index reveals it was placed in 42th place with point of 51 out of 100 in 2006, 43th with point of 51 in 2007, 40th with point of 56 in 2008, 39th with point of 55 in 2009, and 52th with point of 53 in 2016.
In the case of Korea, the reason why its corruption perceptions index not improving forward from the middle range is that the prosecutors cannot carry out the work honestly without getting influence from big corporations and politicians when investigating criminals of corruption. The issue is investigation run by not an independent Anticorruption agency, but prosecutors’ offices. The corruption network that was set deeply in government sectors, particularly corrupted public servants in higher position becomes the biggest issue that threatens development of Mongolia and should be a priority problem that to be solved.
Therefore, by studying the anticorruption legal system of Korea; specifically bribery and corruption of its criminal law, the current research study proposes solutions to improvement of the legal system of Mongolia to fight corruption, which could show corruption perceptions index move forward step by step and that was the main purpose of the study.
In this regard, the below issues are examined and proposed that to beadapted in Mongolian legal system.
1. Extend the composition of the offense for bribery
2. Set new sections on criminal law about third parties that benefit
3. Strictly the court sentences to corrupted criminals
4. Introduce system of Forfeiture and Collect in addition
5. Improve the system of submission of assets and declaration
6. Introduce the system of whistleblowing
7. Introduce the system of blind trust
A Comparative Study on the Prevention of Public servant’s Corruption for improving the legal system of Mongolia and Korea
Mongolia’s new constitution that values human rights was adapted 1991 after the socialist regime with one party dominant system of 79 years of history collapsed and a free market economic system introduced. Although the new constitution elevates and promotes the values of democracy such as human rights, to have private property, to vote and be voted, and to speak freely; issues still exist in the development of democracy. When look back corruption in Mongolia from 1990s in general, there has been enormous issues in the society because of corruption in the state owned companies and land privatization, appointing those who are not capable to the governmental positions, approving laws on mining for lobbyists, and issuing special mining licenses illegally. By approving anticorruption law in 1996, Mongolia has established legal environment to investigate and sentence; further joined to the UN Convention on anticorruption in 2005, and again, completely renewed the 1996 law in 2006, and established Anti corruption agency in 2007 however; Mongolia is still not able to deal with corruption fully.
Regardless of approving Laws on transparency of information and rights that on getting information to make evident the activities of governments, Law on Glass accounts that to make visible of governmental finance transactions, Law on regulation for public and private interests in public sector, and Law on preventing personal interests; according to Transparency international, Corruption perceptions index (CPI) of Mongolia has not been improved for years; in fact the country encounters with new billionaires, which born from governments.
The corruption perceptions index of Mongolia discloses that Mongolia was placed in 99th place with point of 28 out of 100 in 2006, 99th with 30 points in 2007, 102th with 30 points in 2008, 120th with 27 points in 2009, and 87th with 38 points in 2016. In this regard, South Korea’s Corruption perceptions index reveals it was placed in 42th place with point of 51 out of 100 in 2006, 43th with point of 51 in 2007, 40th with point of 56 in 2008, 39th with point of 55 in 2009, and 52th with point of 53 in 2016.
In the case of Korea, the reason why its corruption perceptions index not improving forward from the middle range is that the prosecutors cannot carry out the work honestly without getting influence from big corporations and politicians when investigating criminals of corruption. The issue is investigation run by not an independent Anticorruption agency, but prosecutors’ offices. The corruption network that was set deeply in government sectors, particularly corrupted public servants in higher position becomes the biggest issue that threatens development of Mongolia and should be a priority problem that to be solved.
Therefore, by studying the anticorruption legal system of Korea; specifically bribery and corruption of its criminal law, the current research study proposes solutions to improvement of the legal system of Mongolia to fight corruption, which could show corruption perceptions index move forward step by step and that was the main purpose of the study.
In this regard, the below issues are examined and proposed that to beadapted in Mongolian legal system.
1. Extend the composition of the offense for bribery
2. Set new sections on criminal law about third parties that benefit
3. Strictly the court sentences to corrupted criminals
4. Introduce system of Forfeiture and Collect in addition
5. Improve the system of submission of assets and declaration
6. Introduce the system of whistleblowing
7. Introduce the system of blind trust
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