| Protection of legal interest is a core issue in the research on bribery crime. After the integrity theory on the protection of legal interests of bribery crime lost its dominance in the academic circle, theories of fairness, incorruptibility, and unselfishness, all of which take the objective perspective, have gained powerful positions, but are faced with multiple problems, such as inadequate extension. The theory of trust legal interest, which takes a subjective perspective, has been questioned due to its abstractness. However, such abstractness can be explained. Epistemologically, the essential characteristic of the bribery crime, which infringes on the political legitimacy of the state, can be better revealed by clarifying the national, emotional, and recoverable properties of trust legal interest to make necessary supplements to their connotations. Methodologically, the investigation into “taking advantage of his office” should focus on whether there is a functionary connection between the harmful act and the trust legal interest, while “illegally accepting others’ money or other forms of property” and “as a price of providing benefits” should be investigated to determine whether it damages citizens’ trust in the integrity and impartiality of the government so that the protection of legal interests can be harmonized with constituent elements. Regarding the practical application of the theory of trust legal interest to address complex issues in handling bribery crimes, both formal and substantive judgments can be considered through a thorough investigation to realize the organic unity of the punishment of crimes and the protection of human rights. |
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