부정청탁금지법의 위헌성 검토

The act on the prohibition of illegal solicit was enacted that public officials are banned to receive bribery more than a certain amount regardless of whether or not job-related. The act on the prohibition of illegal solicit may conflict with the provisions of the criminal law system. The concept and type of action of illegal solicit is unclear. The private autonomy principle can be violated for that reason that media workers and private schools’ staff are included in the law. It is likely to be a violation of the private autonomy principle because national penalties are involved in the economic activities related to the individual. In addition, the The act on the prohibition of illegal solicit may be in violation of the principle of proportionality in terms of violation the freedom of the general action of the press and private school teachers. The concept of illegal solicit violates the constitutional principle of clarity because an general public can not predict the content of the law. The act violates the principle of proportionality between that responsibility and punishment to impose a prison term or a fine of 30 million won or less than three years if requested or promised anything of value, such as whether to receive or whether job-related and more than 1 million won or 300 won once each fiscal year.