공직자의 이해충돌 규제 제도에 관한 연구 — 캐나다 이해충돌 규제 제도와의 비교를 중심으로 —

The 21th National Assembly Republic of Korea enacted the Conflicts of Interest Prevention Law on May 18, 2021 after a long failed effort to enforce a general conflict of interest regulation to overcome the limitations of the conventional regulations regarding conflicts of interest among public office holders. Considering Korea's conflicts of interest regulations and those of Canada using the comparison method, newly enacted laws focused on the prevention of conflicts of interest can be evaluated to determine if they were enacted in a timely manner to supplement the institutional limitations as the conventional regulation failed to keep up with the normative reality. In terms of the legislative method, it is similar to the law in Canada as it adopts an isolated regulatory system by limiting the scope and normative area of the offender to the public domain in order to protect the meaning of independence of the system, thus raising awareness of conflicts of interest issues within civil society and public service society. The regulation adopts removal methods, although it can consider the information provision method by allowing information related to the conflict of interest of public office holders to be provided before or after the case. Thereby, sufficient consideration should be given to the structural approach of these regulations, which provide an opportunity for civil society to monitor public office holders on a daily basis and enhance trust among the people.