腐敗防止制度의 벤치마킹에 관한 硏究 : 主要 國家와 韓國의 事例比較 = Anti-corruption measures and strategies in Korea

다국어 초록 (Multilingual Abstract)

Corruption is a common phenomena with only relative differences. As the world becomes more globalized, corruption in bureaucratic functions is one of the barriers against globalization. Therefore, bureaucratic corruption is the focus of state administrative reforms around world. This research examines, "The Benchmarking Against Anti-Corruption in Terms of the New Institutionalism Approch". As defined in current research, "institution" and "social structure" are viewed as environmental conditions that influence both individual's behavior and group behavior directly or indirectly.
However, the macro structure that shapes a state plays a more predominant function than individual behaviors in deciding policies, in the view of the new institutional approach.
As a matter of course, policies are not decided solely by macro factors. It is significant that the new institutional approach focuses on the institutional and structural factors which have been ignored by behavioral approaches. This research analyzes the phenomena of corruption in three aspects, macro, middle-ranged, and micro analysis, and carries out the benchmarking.
Corruption, the key concept of this research is mainly focused on the phenomena of bureaucratic corruption. From the macro point of view, this occurs with the contradiction of the constitutional position and right or irrationality. The middle-ranged approach views bureaucratic corruptions mean the corruption phenomena caused by the contradiction, irrationality, and imcompletedness in the legal system or operational procedure. As civil servants' behaviors are against the public interest and the system controling human desires, corruption occurs in the micro level.
This research is a comparative analysis of the inspection systems of 11 countries, Korea, the United States of America, Japan, France, the United Kingdom, France, New Zealand, Singapore, Hong Kong, the Peoples Republic of China, and Thailand. Surveys were conducted with civil servants and ordinary people in order to examine the feasibility for the introduction of a useful system of inspection in Korea. The results of empirical analysis are the following.
The results show that institutional remedies are necessary in order to prevent bureaucrats' corruption at the macro level. First, the function of the Board of Audit & Inspection should be separated and reinforced. Although the Board of Audit & Inspection is the supreme authority of inspection in Korea, the support of personnel and budget is not sufficient.
The duties of audit and inspection as well as being the support function of the national assembly creates an overload of duty which is not matched. Therefore, the audit function of the Board of Audit & Inspection should be transferred to the national assembly and the support of personnel and budget should be increased in order to stenghthen the section of duty-investigation. The research indicates that the reinforcement of policy inspection is needed, rather than just an audit by the Board of Audit & Inspection, in order to clarify the responsibilities under the present system.
Second, the research reveals that changes in the administrative culture as a subculture and the social-cultural factors in Korean society are required in view of their interactions with administrative environment.
Public ethics should be improved and the autonomy of civil servants in economic operations should be guaranteed. This research seeks the measures and strategies of public-civil cooperation for anti-corruption in order to restructure/reform social-cultural factors.
The renovation of administrative culture should be implemented. It is necessary to transform major factors that cause corruption, such as authoritarianism, nepotism, over-emphasis on personal relationships, fatalism, and transientism to more positive functional factors in the administrative culture. In this context, authoritarianism should be exchanged with the rationality of authoritative exercise, nepotism and affinity-orientism exchanged with community-oriented behavioral empowering.
In particular, personal groups based on primordial-ties, locality, and school connections should be eradicated. In addition, fatalism and transientism should be transformed to more achievement-oriented behavior.
Next, the research conducted shows the results of middle-ranged approaches. First, the range of the arbitrative application system should be enlarged. The current arbitrative application system is only applied to the abuse of duty. However, it should be enlarged to cover all the crimes of bureaucrats. Second, an anti-corruption bill should be established. Research shows that powerful anti-corruption laws and their complete enforcement are the most important factors in the success against corruption in developed countries. In Korea's case, there is no unified anti-corruption law. Laws related with anti-corruption should be separated, and enforced thoroughly. Therefore, powerful and unified anti-corruption law could be established which would regulate the corrupted behaviors of bureaucrats comprehensively. In addition, as there is whistle-blowing between bureaucrats, there should also be a bill that protects the whistle-blower.
Thirdly, pension confiscation should be introduced. As pension contributions come from taxes, like the salary of civil servants, there should be a measure that limits pension allowance in cases of criminal sentencing or dismissal.
Fourth, the disclosure, registration, and review of civil servants' property should be expanded. Although the current civil servants' property registration system is good in theory, the actural operation of it is not working well. Therefore, the inspection rights of registered property should be reinforced. The personnel and organizations in charge of the current system should be supplemented. The coverage of registration should be extended from the current high-ranking officers to the lower-ranking officers in charge of public service contact.
Finally, the strategic behavior of bureaucrats should be checked in order to prevent individual corruption. To do so, this research proposes that strong punishment should be intensely executed against corruption, along with the reinforcement of efforts searching for corruption and the clarification of regulations against the fraud, waste and abuse of authority. A civil servants' code of ethics and values should be developed and established in order to avoid corruption. The selection of civil servants with firm public professional ethics and continuous education, along with the implementation of an appropriate reward system for clean civil servants should be implemented.
This research has the following limitations: it does not provide the execution and results. of benchmarking, the causal relationship among systems, or the performance measurement of the results. Therefore, future research should be directed toward overcoming these limitations, such as the development of performance measurement methods, the revelations of causal relationships between each system, and the implementation results. A more effective benchmarking measures and strategies should also be developed in the future research.

목차 (Table of Contents)

• 第1章 序論 = 1
• 第1節 硏究의 目的 = 1
• 第2節 硏究의 範圍 및 方法 = 3
• 第2章 腐敗防止制度의 벤치마킹에 관한 理論的 論議 = 6
• 第1節 官僚腐敗에 관한 旣存硏究의 檢討 = 6
• 1. 官僚腐敗의 意義 = 6
• 2. 旣存硏究의 論議 = 10
• 1) 관료부패에 관한 접근법 = 10
• 2) 관료부패의 원인 = 14
• 3) 관료부패의 유형 = 19
• 4) 부패방지에 관한 연구 = 23
• 5) 기존 연구의 검토 = 27
• 第2節 官僚腐敗에 대한 新制度主義的 接近 = 32
• 1. 신제도주의 의 발전 = 32
• 2. 신제도주의 이론의 특성 = 35
• 3. 신제도주의와 관료부패 = 37
• 第3節 벤치마킹의 理解 = 39
• 1. 벤치마킹의 개념 = 39
• 2. 벤치마킹의 유형 = 40
• 3. 벤치마킹의 과정 = 44
• 第4節 硏究分析의 틀 = 47
• 1. 거시적 차원 = 47
• 2. 중범위적 차원 = 48
• 3. 미시적 차원 = 49
• 第3章 세계主要 國家의 腐敗防止制度 比較 = 53
• 第1節 韓國 官僚腐敗防止制度 = 53
• 1. 부정부패의 현황 = 53
• 2. 현행 부패방지제도 = 60
• 第2節 外國의 腐敗防止制度 = 66
• 1. 國際的 反腐敗제도의 動向과 論議 = 66
• 2. 主要國家의 腐敗防止制度 = 73
• 1) 미국 = 73
• 2) 영국 = 78
• 3) 일본 = 82
• 4) 프랑스 = 85
• 5) 뉴질랜드 = 86
• 6) 중국 = 88
• 7) 홍콩자치구 = 92
• 8) 싱가포르 = 95
• 9) 태국 = 98
• 第3節 外國과 韓國의 腐敗防止制度 比較 = 100
• 1. 각국의 부패 방지 제도 비교 = 100
• 2. 한국 부패방지제도의 문제점 = 105
• 3. 벤치마킹(Benchmarking)을 위한 모색 = 111
• 第4章 腐敗防止制度의 벤치마킹을 위한 意見調査 = 114
• 第1節 調査設計 = 114
• 1. 설문자료의 구성 몇 조사과정 = 114
• 2. 표본의 추출 및 특징 = 117
• 第2節 벤치마킹을 위한 意見調査 = 121
• 1. 거시적 차원 = 121
• 1) 감사원의 기능분리 강화에 대한 문제 = 121
• 2) 시민단체들의 감시확대에 대한 견해 = 124
• 3) 부정방지대책위원회의 對國民 교육에 대한 견해 = 126
• 2. 중범위적 차원 = 127
• 1) 통합부패방지법의 제정에 대한 견해 = 127
• 2) 법적 처분에 관한 견해 = 132
• 3) 내부고발자(Whistle blowing)제도의 강화 = 136
• 3. 미시적 차원 = 128
• 1) 민원 부서에 대한 수시점검제에 관한 견해 = 138
• 2) 민원 부서에 대한 전산화 및 기록보존 = 140
• 3) 높은 윤리성을 가진 공직자에 대한 승진 혜택 = 141
• 第3節 關聯制度導入의 可能性檢討 = 144
• 第5章 韓國의 官僚腐敗防止를 위한 戰略 = 151
• 第1節 巨視的 次元 = 154
• 1. 감사원 기능의 분리·강화 = 154
• 2. 환경 대응전략 = 158
• 第2節 中範圍的 次元 = 160
• 1. 재정신청제도의 적용범위확대 = 160
• 2. 부패방지기본법의 제정 = 161
• 3. 연금몰수제도의 도입 = 163
• 4. 공직자 재산의 등록과 공개, 심사의 확대 = 164
• 第3節 微視的 次元 = 168
• 1. 상벌체제의 확립 = 169
• 2. 동기부여제도 = 171
• 第6章 結論 = 174
• 參考文獻 = 179
• 附錄: 설문지 = 191
• ABSTRACT = 202