공직자 부동산백지신탁제에 관한 헌법적 고찰

This article addresses the constitutional analysis of bills which focus on the introduction of the blind trust system of real estate into the public service ethics act. The blind trust system of real estate is to compel a range of high ranking public officials or the public officials whose real estates are relevant to his/her duties to sell the relevant real estates or to trust their real estates which exceed one housing a trustee institution. The significant bills which refer to the blind trust system of real estate have been proposed by the lawmakers who belong to the ruling party. The model of this system is the blind trust system of stocks of the public service ethics act. The purpose of the system is similar to that of the blind trust system of stocks. Namely, the purpose of this system is to contribute to the establishment of the ethics of public officials as servants of citizens by preventing conflict of public and private interests through the prevention from acquiring unlawful property and the securing of the fairness in the execution of their official duties. In short, the bill does not violate some important constitutional criteria. That is, the system conform to the guarantee of property rights, the principle of proportionality, the principle of equality, the prohibition of implicative system, and the fundamental right of officials. This constitutional analysis basically also applies to the blind trust system of stocks.