도덕적 입법의 적정성에 관한 연구 - 부정청탁 및 금품등 수수의 금지에 관한 법률의 경우를 중심으로 -

The IMPROPER SOLICITATION AND GRAFT ACT was pursued to address anti-corruption with significant public interest and public support since its discussion stages. Despite the fact that its purpose was indisputably ethical, the Act underwent several issues during the course of its legislative process. Although its basic formulation as a legislation became a reality, issues raised during its legislative process still merit deep consideration. Against the backdrop of a critical attitude questioning whether normative values and principles – the appropriate subject of diligent attention and examination where the enactment of a legislation is sought for ethical reasons – are receiving adequate consideration, this study specifically focuses on the expansion of the Act’s areas of application, from education to journalism. It also discusses the need for a legislative design focusing on the essential characteristics of the private domain besides seeking the best method to meet the demand for rationalizing standards. This will provide the foundation for potential self–regulation of such private domains. Further, the approach toward identifying and analyzing these issues will be discussed in a similar context: the legislative process of the ACT ON THE PROTECTION OF CHILDREN AND JUVENILES AGAINST SEXUAL ABUSE and the decisions of the Constitutional Court related to this legislation. This paper considers that these studies will provide an opportunity to explore areas for improvement in facilitating a legislative process to provide the most practical results and allow in-depth understanding of the constitutional significance of the legislature’s role and function, thereby contributing to the establishment of a foundational basis for such steps to become a reality.