국민감사청구제도와 공익감사청구제도의 효율적 운영을 위한 법제 통합방안

The national audit request system is a legal system based on the 2002 Anti-Corruption Act, characterized by strict requirements and clear screening procedures, and the public audit request system was designed in accordance with the internal policy of the Board of Audit and Inspection in 1996 and operates more flexibly. Both systems contribute to enhancing administrative transparency and fairness by allowing citizens of 300 directors or older to participate directly through monitoring claims. Although the national audit request system and the public audit request system are functionally similar, they are operated in a dual manner, which partially overlaps the audit function. First of all, the national audit request system is regulated by Chapter 6 (Articles 72 to 76) of the Act on the Establishment and Operation of the Anti-Corruption and Civil Rights Commission, while the public audit request system is operated based on the ‘Regulations on the Processing of Public Interest Audit Claims’, a directive of the Board of Audit and Inspection. With the two systems operating in a dual manner, a systematic analysis of each system and a close review of operational problems are necessary for efficient operation and system innovation. The auditor is the same agency under the jurisdiction of the two systems, but there have been discussions about transferring the national audit request system from the Act on the Establishment and Operation of the Anti-Corruption and Civil Rights Commission to the Audit and Inspection Service Act, but few studies have suggested practical alternatives to the integration of the national audit request and the public audit request. In terms of legal reservation, it is desirable to establish and operate a legal basis for the public audit request system or the Prime Minister’s audit request system based on the order of the Board of Audit and Inspection. Regarding the integration and transfer of national audit claims and public audit claims, the first proposal is to transfer all of it to the Board of Audit and Inspection Act, including the proviso to Article 72 (1) of the Act on the Establishment and Operation of the Anti-Corruption and Civil Rights Commission, and to promote the basis of the public audit request system to the law to integrate it into a single public audit request system. This integration plan is a desirable legal integration plan in that it overcomes the problems of the separate operation of both systems that function similarly and operates the audit request system in a unified manner. Among the legal regulations on the request for national audit, the second proposal retains the part of the proviso to Article 72 (1) of the above Act and transfers the rest to the Board of Audit and Inspection Act, but does not integrate the national audit claim system and the public audit claim system, and establishes a legal basis for a separate public audit claim system and operates it in a dual manner. These separate measures can take advantage of the advantages of each system and can be considered as an alternative in situations where integration is difficult.