Defense industry corruption has now become an important national and social issue. It brings about not only wide-spread public anger, but also significantly aggravates public trust in the civilian government and the military. Furthermore, there is rising skepticism that the criminal justice system might not be functioning properly in reducing defense industry corruption offences.
In contrast to other categories of corruption offences, those committed in the defense industry are more serious offences causing critical ripple effects threatening the very foundation of our national security.
Given the hostile confrontation between two Koreas, such corruption has also been considered as treason conferring crucial advantages on the adversarial state. As such, several bills aiming at punishing corruption in defense industry as an act of treason were submitted in the 20th session of the National Assembly.
With such legislative attempts reflecting a nationwide consensus on the needs for severe punishment of defense industry corruption, this research examines whether it is appropriate, effective, and advisable or not to punish defense industry corruption as treason in the current context of criminal law. Based on such examination, this research also seeks for a reasonable criminal policy designed to prevent and deter defense industry corruption effectively.
In line with a series of reforms aimed at exterminating defense industry corruption, a criminal justice policy administering a zero-tolerance principle seems to be in urgent need. However, these actions and policy belong primarily to the area of criminal justice or criminal procedure where defense industry corruption cases are investigated and prosecuted.
Legislative measures such as the “Special Act on Defense Industry Corruption Punishment”, directed at deterring corrupt practices through aggravated punishment, could be considered implemented as a last resort in the form of law of temporary duration. Even in this case, however, the types of crime and illegality in the context of the systemicity of the criminal law must be thoroughly examined to provide for reasonable rules and regulations with regards to the composition of the crime and the preion of punishment.