청탁금지법상 ‘금품등 수수 금지의 예외사유’에 관한 고찰

The Improper Solicitation and Graft Act prohibits the improper solicitations and the acceptance of financial or other advantages. Public official or relevant person shall not accept unacceptable financial or other advantages and shall not accept, request, or promise to receive as well. The improper Solicitation and Graft Act occasionally allows public official or relevant person to accept financial or other advantages that either exceeds one million won for unrelated to his/her duties, or less than one million own in connection with his/her duties. This refers to the exception reason for The Improper Solicitation and Graft Act and The Acceptance of Financial or Other Advantages. This exception reason was not established originally in The Improper Solicitation and Graft Act. It has been adopted from the Code of Conduct for Public Officials. The most noticeable item among the exception reason for the prohibition of accepting financial or other advantages is “Food and drink, congratulatory or condolence money, gifts, or other items that are offered to facilitate performance of duties or for social relationships, rituals, or assistance to festivities and funerals, the value of which is within the limit provided by Presidential Decree. According to the Presidential Decree, the amount of money was decided to be 30,000 won for food, 50,000 won for gifts, and 100,000 won for congratulatory or condolence. As a result, public official or relevant persons who are not civil servants under the State or Local Public Officials Act are in confusion due to such unprecedented regulations. Because of such low limit of money on food and gifts, it is pointed out the difficulty of living for restaurants and livestock industries. Additionally, restriction of Acceptance of Honoraria for Outside Lectures or Relevant Activities is included in the exception reason for the porhibition of accepting financial or other advantages. Outside lectures or relevant activities should be requested either in connection with his/her duties or by de facto influence arising from his or her position or responsibilities. The subject of outside lecture should be related to the duty and the requester of the outside lecture should be a duty-related party. Public/Private university professors have significant disadvantages regarding the restriction of acceptance of Honoraria for outside lectures. Public university professors receive 30,000 won for outside lecture while private university professors receive one million own which creates a huge discrepancy. This law shall be revised henceforth because of the possibility of restricting the freedom of learning and occupation. The Enforcement of Decree of the Improper Solicitation and Graft Act ordered a measure to examine the upper limit of money for food, gifts, and congratulatory or condolence as well as the outside lectures to be revised by December 31, 2018. Therefore, it is necessary to examine the result thoroughly and take a required measure until the fixed period by the Decree.