「부정청탁 및 금품등 수수의 금지에 관한 법률」의 구조와 쟁점

초록

After much argument, 「The Improper Solicitation and Graft Act」 has been in 28. Sep. 2016 finally enforced. The purpose of this Act is to ensure that public officials and relevant persons fulfill their duties uprightly and to secure public confidence in public institutions by forbidding improper solicitations to public officials and relevant persons and by prohibiting them from accepting financial or other advantages. This Act regulates not only prohibition of improper solicitations, but only prohibition of acceptance of financial or other advantages. No one shall solicit any public official or relevant person performing his or her duties, directly or through a third party. In article 5 prohibited behaviors are described detailed. This Act prohibits, on the other hand, acceptance of financial or other advantages. No public official or relevant person shall accept, request, or promise to receive, any financial or other advantage not exceeding the amount, one million won at a time, in connection with his or her duties, regardless of whether such offer is given in exchange of any favors. But this Act has some problem. It covers too large range of persons and has some vagueness. And in article 8, the relation of section 1, 2, 3 must be clarified in the future.

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