청탁금지법 시행 5년의 의미와 평가

Corruption acts undermine the national economic development, democracy, and national competitiveness, and makes it difficult to secure the principle of transparency derived from the rule of law principle, as well as undermine the constitutional value. As the Sewol Ferry incident, the Sponsor Prosecutor’s case, and the Vanz female prosecutor’s case occurred, the 2015 Anti-Graft Act was enacted and September 2016. Although it was enforced, the controversy over its constitutionality persisted, and according to the Constitutional Court’s 2016 decision on the constitutionality of the Solicitation and Graft Act, including the National Government Nongdan Case and the Judicial Nongdan Case, the public’s consensus on the Solicitation and Graft Act was formed and it was established as a legal norm in people’s lives. The Anti-Graft Act was revised twice and the enforcement ordinance was revised four times. When the public duty, which was intended to be introduced at the time the Anti-Graft Act was enacted, conflicts with private interests, matters related to conflict of interest regulation will be revised on May 2021. It was enacted as the Conflict of Interest Prevention Act to prevent corruption in advance. Evaluating the five years since the enforcement of the Anti-Graft Act shows that corruption among public officials has decreased, the corruption perception index has improved by 19 steps, and a paradigm shift has been made to ensure fair job performance, administrative transparency, and the formation of a clean culture. can do. Despite this, there are concerns about violation of the rule of law due to the lack of specific standards for fines in the Anti-Graft Act, and the unconstitutionality of the principle of clarity due to improper solicitation, social norms, and indeterminate concept of job relevance. In addition, the issue of violation of the principle of proportionality and equality of scope of application to private school teachers and journalists has been continuously raised. The lack of it raises questions about its effectiveness. Therefore, after examining the meaning of the five years of enforcement of the Anti-Graft Act, preparation of sanctions standards for violations of the Anti-Graft Act based on the principle of the state rule of law, clarification of indeterminate concepts of improper solicitation, social norms, and job relevance, the appropriateness of the subject of the Anti-Graft Act, gifts and kickbacks Evaluate the implementation of the Anti-Graft Act for 5 years and prepare measures for improvement in relation to the improvement of regulations, etc., and the granting of the right to investigate and accuse the Anti-Corruption and Civil Rights Commission.