미국법상 공직자의 주식백지신탁제도에 관한 고찰

A blind trust is a trust in which the beneficiaries are unaware of the trust's specific assets, and in which a fiduciary third party has discretion over all management of the trust assets. In general, politicians or high ranking officials are often required to place their personal assets into blind trusts, to avoid public scrutiny and accusations of conflicts of interest. Blind trusts are set up with the public official as both grantor and beneficiary, and a independent trust company as trustee. In the United States, the President, Vice President, Secretaries, Chairman of the Federal Reserve Board, Generals, Congress men and other high ranking public officials are to apply for blind trusts. The trustee holds stocks, bonds, real estate, and other income-generating property in trust for the politician-beneficiary, but the public official lacks knowledge of what stocks or bonds or real estate or other investments are in the trust. In this manner, the public official is immune to accusations of enacting legislation for his/her own gain. This study researched the legal regulation of public officials’ blind trust in the United States - 5 U.S.C.(Ethics in Government Act of 1978), 5 C.F.R. - concretely and thoroughly. It will form the basis of the improvement and development of our public service ethics.