學校教職員經濟型職務犯罪探討

A RESEARCH ON ECONOMIC OCCUPATIONAL CRIME IN SCHOOL : TYPOLOGY AND CAUSES

過去經濟型職務犯罪研究（例如：公務員貪污犯罪等），多聚焦於個人犯罪決意過程影響因素，並將犯罪動機簡化為個人利益需求，但以學校為例，教育競爭環境在過去十年，因臺灣邁入少子化社會更加白熱化，配合學校評鑑等績效考核制度之市場機制，學校排名成為是否具有競爭力之表現，如何爭取外部補助資金等各項資源，成為學校教職員職務上共同壓力，在基於組織目標考量下衍生之職務犯罪行為，是否有其他更適合之解釋理論。
本文以「學校教職員經濟型職務犯罪」為研究範圍，蒐集民國100～106年間各地方法院一審司法有罪判決書101件，重新歸納為144案、總計218人，進行犯罪主體、業務類型及地區分布等犯罪特性之描述性統計分析，將個案區分為「學校職務犯罪」、「個人職務犯罪」、「教師集體犯罪」及「教師專業犯罪」四種犯罪類型，選擇代表性案例，深入瞭解犯罪原因。
研究發現個案犯罪動機以組織目標為主，且犯罪集中於學校運作管理層面，以採購及補助款經費來源之業務類型個案最多；組織目標為動機之個案犯罪原因較為貼近組織理論，並較常由多位教職員共同犯下；犯罪發展背景可能受到組織內、外部環境影響使組織帶有犯罪性；另當法紀觀念不佳領導者介入時，容易形成組織偏差文化，使組織成員合理化自身犯罪行為，並依領導者違法指示共同犯下，據以提出相關犯罪防治建議。

In the past, research on economic occupational crimes (for example, civil servants' corruption crimes, etc.), mostly focused on the factors influencing the process of personal criminal decision-making and simplified the criminal motive into the needs of personal interests. However, taking schools as an example, the educational competition environment has become more intense in the past ten years as Taiwan has entered a low birthrate society, and with the market mechanism of performance appraisal systems such as school evaluation, school rankings have become an indicator of competitiveness. How to strive for external subsidy funds and other resources to become common pressure on school staff. Whether there are other more suitable explanation theories for occupational crimes derived from the consideration of organizational goals.
This paper takes "economic occupational crime in School" as the research scope, collects 101 judicial guilty verdicts from local courts from 2011 to 2017, re-categorizes them into 144 cases with a total of 218 persons, and conducts descriptive statistical analysis (crime characteristics such as criminal subjects, business type, and regional distribution), divide the cases into four types of crimes: "school occupational crime", "individual occupational crime", "teachers collective crime" and "teacher professional crime", select representative cases, and gain a deeper understanding of the reasons for the crime.
The study found that the motivation of the crimes in the cases was mainly based on the organizational goals, and the crimes were concentrated at the school operation and management level, and the business type cases with procurement and subsidy funding sources were the most; the reasons for the crimes in the cases where the organizational goals were the motivation were closer to the organizational theory, and more often by A number of teaching staff committed the crime together; the development background of the crime may be affected by the internal and external environment of the organization, making the organization criminal; in addition, when leaders with a bad sense of law and discipline intervene, it is easy to form a culture of organizational deviation, which makes members of the organization rationalize their criminal behavior. And according to the leader's illegal instructions, they jointly committed the crime, and put forward relevant crime prevention and control suggestions based on this.