부정청탁금지법의 적용대상범위 확대에 관한 소고

The Anti graft Law is currently being implemented with the aim of ensuring the fair performance of public officials and ensuring the public’s trust in public institutions, by prohibiting in principle the improper solicitation and graft to the officials. However, from the time of the legislative initiative, until now, this law has been raised for unconstitutionality and the Constitutional Court has made constitutionality decision. The cause for this controversy was the expansion of the scope of the application of law targets to private school staff and journalists. As with all laws, it is very important that the Anti graft Law also specify the scope of subject to application of law. Meanwhile, like current Anti graft Law, in order to punish private school staff and journalists in accordance with public officials, clear and consistent standards should be presented. From that point of view, journalists and private school staff should be excluded from the subject to application of this law. In the case of private school teachers or journalists subject to the ban, economic impacts on the economy and the influence of society are different. It is believed that imposing penalties on these private areas violates the proportional principles of responsibility and punishment. Therefore, it will be necessary to exclude journalists and private school staff from applying to the subject matter of the Anti graft Law. If legislation is enacted to supplement the anti graft law, it is deemed necessary to make more relevant and detailed regulations concerning the subject matter and scope of the law.