내부고발자 보상제도에 관한 연구 - 미국 부정청구법제를 중심으로 -

Taxpayers’ control and monitoring can play an important role in public administration. A system like a Qui Tam action is a good alternative concerning the need to control and monitor the invasion of state finances as perpetrated through fraudulent claims. The system of having individuals act as ‘private attorney generals’ as adopted in the United States has proved to be a powerful measure of combating acts of fraud against the state. Under a false-claims Act, non-stake-holding, ordinary people, either alone on behalf of the state or jointly with the Justice Minister, may file a lawsuit against a party that has inflicted losses or damages on the government by fraudulent means and may be paid part of the money recovered from such a party as a reward. Looking at the United States, the amount of government budget recovered through the qui tam lawsuits filed under The False Claims Act came to $58 billion in the 1987~2010 period. It also has the effect of preventing budgetary waste. The scope of qui tam lawsuits has expanded to such matters as the execution of a government’s budget, health/hygiene, national defense, etc. Fraudulence and intentionality constitute a viable reason for a qui tam lawsuit. The court has said that concreteness in acts is a necessary condition for punitive measures to be taken against false claimers.