• Title/Summary/Keyword: 해외부패방지법

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A Comparative Study on the Foreign Corrupt Practices Act (FCPA) and Article 21.6 of the KORUS FTA (미국 해외부패방지법(FCPA)과 한미 FTA 제 21.6 조 비교연구)

  • Bae, Sungho
    • International Commerce and Information Review
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    • v.15 no.1
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    • pp.287-307
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    • 2013

  • Numerous discussions on the KORUS FTA has been centered around issues on trade in goods, services, or dispute settlement mechanisms. On the other hand, little attention has been given to Chpater 21 of the KORUS FTA on transparency, especially Article 21.6 which states about anti-corruption. Article 21.6 and the Foreign Corrupt Practices Act shares the common purpose to prevent corruptive business practice, and they show similarities in many aspects. The FCPA enforcement has dramatically increased over the past ten years by the U.S. Department of Justice and Securities Exchange Commission stretching its jurisdiction to foreign nationals and companies. Korean business professionals and corporations are exposed to both Article 21.6 and the FCPA on corruption issues. Thus, it is imperative to understand Article 21.6 to be equipped with anti-corruption compliance programs. This paper examines the FCPA and Article 21.6 through comparative analysis and proposes appropriate measures for Korea to take.

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