미국 기업준법약정(Corporate Integrity Agreement) 제도와 국내 시사점 : 보건의료산업을 중심으로

In order to eliminate “illegal kickback” practices in health care industry, the provision of incentives for companies to introduce ex-ante preventive measures would be more effective policy than mere criminal punishment based on dual punishment system. Considering the fact that the health care industry has unique transaction structure in which most sales choices have been decided by physicians and illegal rebate issues are recurring even after the introduction of hard-line dual punishment system, I believe that voluntary refurbishments of distorted corporate culture in this industry are more needed than external enforcements. In this context, it is required to seriously consider the introduction of corporate integrity agreement system which is widely utilized and successfully established in the United States to South Korea. To achieve the successful implantation of such new system, the authorities concerned are needed to recognize the importance of the preventive measures and the legislative efforts are also required to revise the related acts for the introduction of corporate integrity agreement system.