법치주의 관점에서 본 청탁금지법

The Anti-graft law was enacted with the aim of restoring public trust in public institutions by eradicating corruption and securing fairness in the public sector. However, without sufficient review and discussion in advance to clear up the social confusion caused by the enforcement of the Anti-Solicitation Act, criticism follows that the legislation is not in line with the rule of law. because it was legislated by public opinion criticizing the corruption of some public officials. In particular, the definition of the target of legal application is unclear, it causes confusion about who is subject to specific application. and as a result of using of abstract concepts such as social norms, as a reason for allowing prohibited actions, it does not meet the clarity required by the rule of law. Above all, punishment for violations of the law should be made based on consistent standards, as well as specifying the subject of the law and prohibited acts. when it is difficult to calculate the value, there is a problem that public officials cannot punish. Therefore, it is necessary to seriously discuss the improvement legislation so that the anti-graft law can achieve its legislative purpose within the scope that the anti-graft law conforms to the principle of rule of law.