시행 100일, 청탁금지법에 대한 평가와 전망

Now it is over 100days from the execution of the Improper Solicitation and Graft Act on Semtember 28, 2016. This law could be come into force through the many social discussion and argument and by supporting of the public opinion, however the problem whether the enforcement regulation of the Improper Solicitation and Graft Act because of the market downturn should be revised or not, is becoming hot issue again. The prejudices and the worries in respect to the negative effect of this law becoming widespread over our society before the enforcement, could be wiped out more or less by the constitutional decision of the Constitutional Court now. The Constitutional Court decided on July 28, 2016 that this law is constitutional, after examining the argumentsit that it would violate the constitutional principal, and the apprehension that the most part of people would be the potential suspect because of the unclear and extensive object and the critical commment that the disciplined acts themselves because of using the vague terms such as the socail rules and the unjust solicitations could become unclear. However, the Improper Solicitation and Graft Act is now in the face with the opinion that this current act and the its enforcement regulation should be revised because of the negative effects such as the decrease of consumption and economic downturn. In fact, we could forecast in course of preparing the this law enforcement that it could effect negatively over the market economy somewhat, however we couldn’t cope with the eonomic downturn well and take a proper counterplans to meet this situation because of the recently couldn’t be anticipateed and being faced social-political confusions I think that the Improper Solicitation and Graft Act could be the essencial and effective measures to spring into the country having transparency in public office, so that we should perform the a task to maintain the enforcement of the current act and not to be a dead letter. Fortunately, following the recent public opinion it is confirmed that the most part of people have the positive evaluation in account of the this law enforcement and suspect it to be established well in our society. In order to avoid the confusion over the enforcement of the current act and properly to be applied, it is needed to provide the middle-long term support measures of the government for the in damage suffered business engaged person in economic aspect, and to conduct consistantly the various education and information for the public as well as the object of the current act.