현행 부정청탁금지법(소위‘김영란법’)의 핵심 문제점과 개정 방안

다국어 초록 (Multilingual Abstract)

Due to the execution of “The Improper Solicitation and Graft Act” are quite a few changes that are occurring in the economic life of the people and the market. These changes will have a negative also be positive.
It is worrisome that a burning candle is ridiculous results bedbugs japeuryeoda incest can be caused. We are sure to remember “Don’t as throw the baby out with the bathwater.” Especially when the economy is in the economic downturn in the wrong factors or pay a price to return it and can only be restored to the previous level. The nation is now shrinking factor in a market suffering from long-term recession will be avoided as much as possible. Negative effects of the market downturn and the act can be a positive social effect transparency in public office.
Education institutions targeting the belonging configuration in order to avoid confusion over the enforcement of the current act, as well as illegal solicitation is being conducted also a variety of education for the public. However, including the media, which is found to be a serious misunderstanding of the act, even above the interests authoritative interpretation organization, the Anti-Corruption and Civil Rights Commission. Meanwhile. Many ordinary citizens not engaged in public service know they are not good at hitting is not subject to the applicable act. And for those who think themselves the subjects of applicable act, unlike the contents of this Act it shall also contracted a life too.
On the other hand, there is a authoritative interpretation agency and the judiciary do not show a difference of opinion conflict or less in part related to the interpretation and application of act standards initiative characters are confused whether to comply with certain criteria and weighting.
This paper is the first ‘subject of application’ and ‘duties related requirement’ that the essential requirements of the many controversial points of The Improper Solicitation and Graft Act, and second, ‘gifts, etc.’ and follows centered on the concepts such as ‘social normal usages’ It proposed to derive the same key improvements.
First, the Prohibition of Acceptance of Financial or other Advantages are unified by then incorporated into the Criminal Code.
Second, and except for the media and private schools involved in applied subjects.
Third, all of the provisions that can be punished in the duties unrelated official should be deleted.
Fourth, get rid of the Restriction of Acceptance of Honoraria for Outside Lectures or Relevant Activities. Otherwise, the current act and regulations as it shall be the “as the public official or relevant person’s the abuse behavior, they accept the reward money related to his or her duties or requested due to de facto influence arising from his or her position or responsibilities in the outside lecture or relevant activity” only applies to, and the upper limit of reward of the outside lecture or relevant activity should be eliminated entirely.
Sixth, it should also be punished in violation of the act of a foreign country.
Seventh, the requirement for the prohibition of illegal appeal should be defined as a request for illegal or unfair economic gain from the beginning.

목차 (Table of Contents)

• Ⅰ. 서론
• Ⅱ. 부정청탁법의 주요 적용 방식 및 성립 요건
• Ⅲ. 적용대상자
• Ⅳ. 문제점 및 개선 방안
• Ⅴ. 결론
• 참고문헌
• Abstract

참고문헌 (Reference)

1 국민권익위원회, "｢부정청탁 및 금품등 수수의 금지에 관한 법률｣ 청탁금지법 권역별 순회 설명회 자료집"

2 박기석, "형법의 훼손과 복원 -형사특별법 폐지의 관점에서-" 법학연구소 31 (31): 201-226, 2015

3 임웅, "형법각론" 법문사 2013

4 장영수, "헌법학, 제6판" 홍문사 2011

5 성낙인, "헌법학" 법문사 2010

6 양건, "헌법강의" 법문사 2014

7 정하중, "행정법개론" 법문사 2015

8 민경국, "시장경제의 법과 질서 : 질서경제학과 주류경제학" 자유기업센터 1997

9 송덕수, "시민생활과 법: 민사 생활법률 강의" 이화여자대학교출판부 2016

10 조재현, "부정청탁금지법의 위헌성에 관한 논의" 한국부패학회 20 (20): 289-310, 2015

11 이부하, "부정청탁금지법의 위헌성 검토" 한국법정책학회 15 (15): 1003-1026, 2015

12 이은영, "민법총칙" 박영사 2005

13 양창수, "민법I" 박영사 2011

14 김대순, "국제법론(17판)" 삼영사 2013

15 강병근, "국제법" 삼우사 2014

16 이관희, "검찰의 근본적인 개혁은 수사권제한이다" (716) : 2016

17 한상희, "검찰개혁의 현실과 방향" (78) : 2013

18 최원식, "검찰개혁의 방향" (39) : 2003

19 임종훈, "「부정청탁 및 금품등 수수의 금지에 관한 법률」(소위 김영란법)의 헌법적 쟁점에 대한 고찰" 법조협회 64 (64): 112-168, 2015