공정한 사회를 위한 특수활동비 규제 연구- 청탁금지법을 중심으로 한 법정책적 관점에서 -

Our society is shifting from a paradigm that is oriented toward high economic growth to a paradigm that is fair and just and at the same time rationally distributes rich goods. It can be seen that it is undergoing process of changing from a quantitative paradigm to a qualitative paradigm. The change and migration of the paradigm is accompanied by the rejection and resistance of the existing members familiar with the existing paradigm. The social resistance to the change of paradigm can be called conflict. In a country that is oriented toward democracy and the rule of law, it demands the acceptability of the people to accept conflicts. This acceptability can be regarded as meeting the procedural definition. At the same time, the way of ultimately eliminating conflicts is not a one-sided superiority of distribution in the lion union. The fundamental solution for conflict resolution is to meet a reasonable allocation. The issues raised in our society demand that we solve the problem before these questions. It is the time to be transparent, rational, and consistent with the logic of allocation that can be accommodated to members. Recently, it has been discussed through a set of events that if the public society establishes and uses the special activity cost, even if the public institution is active, it meets the rule of the fair society and if it does not match, what should be done to the fair society. Almost all state agencies have been working on special and specialized tasks of public institutions through a special budget, in the form of special activity expenses, rather than moving on a regularly set budget. The problem is that unlike a general budget, standards are not legally established, are not transparent, and are not well publicized, making them unsuitable for a fair society. Even if public institutions are required to use special activity expenses for their specific tasks, the risk of failing to meet the rules of fairness is greatly increased if they can not solve the problems of these special activity expenses. Now it is time to apply these rules of fairness to the special activity costs in public institutions and to make a new, transparent and rational legal system. We discussed fairness, equality, proportionality and procedural justice. In addition, I discussed the legislation for the proper and progressive law policy about this theme.