This article is to study on the legalistic control measures against the illegality and corruption of the public officials. The purpose of this study is to survey on the public officials corruption were changed, fundamental reasons of corruption were a...
This article is to study on the legalistic control measures against the illegality and corruption of the public officials. The purpose of this study is to survey on the public officials corruption were changed, fundamental reasons of corruption were analysed and find a change trend of the public officials corruption, and I suggest options for eradication of corruptions.
This article consist of 5 chapter, first introduction, second theoretical backround third analysis of current legislation related anticorruption of korea,fourth legalistic control options against the illegalty and corruption, fifth conclusion.
Since the execution of the Law of Anti-corruption in 2002, the Civil Rights Commission (former Anti-corruption Commission) and the National Integrity Commission have been executing activities of the anti-corruption in the various fields. Notwithstanding, the incidents related corruption and absurdity have occurred continuously, which could lead to the credential level about overall public official society of Korean people is staying in the low level.
The core of public officials' integrity is just right on the justifying and unbiased job execution. And so, in order to secure public officials' integrity, and to remove citizens' suspicion and unbelief against the public officials' justifying job execution, the establishments of the laws and systems which are able to prevent effectively the justification impediment factors from interior and exterior environments. Firstly, impediment factors from exterior environments are that the influential power is executed unjustifiedly against the public officials' job execution, the power is included the dishonest meditation, corruption and solicitation, etc.
Although the practices of corruption and solicitation resulting from relation-paternalism deeply rooting of our society, are becoming a major cause of illegality and recognizing persistence damage connecting with a directive damage, when the practices are connected only with giving-and-receiving interests like bribe money in the currently acting laws such as the Criminal Law Act, the Additional Punishment Law, the Attorneys-at-Law Act are applied partially to those cases, there is no regulations related the laws which are not effectively regulated corruption and solicitation themselves.
Acts such as giving and receiving bribery related the jobs of the public officials are hampering factors the justice performance of duties by the public officials. With analysing of status of corruption of the public officials, legalistic control measures against the illegality and corruption, legalistic control measures of the foreign countries, drawing the issues and I insist the policy suggestions related those things. The conclusion which is the illegality and corruption of the public officials are not legal system but men, could be repeated. We should refrain rapidly from wrong consciousness if one's abide by laws, they lose ultimately.
The legalistic control measures against the illegality and corruption of the public officials are the followings.
First, anticorruption using prite public governance, when investigating of corruption we can try to eradicate corruption through preriminary convention of civil group and by exchanging mutual information ,monitoring ,controling each other and providing cases.
Second, the situation under the prosecutors are investigating and questioning about corruption of the public officials, the investigation and question by the prosecutors are continually relating with the ruling government and political issues, and those cases could cause public indignation and could loose peoples' confident. So the administration for the corruption of the public officials as the independent organization should be established direct under the president, the chief of the administration of an office is to be vice-minister level.
Third, integration of regulation regarding public ethics. the system of independent auditor in the organization of an auditor office should be managed, and gave the rights for keeping political neutral position, investigating and questioning against the illegality and corruption of the public officials.
Fourth, construction of autonomous internal control system for advanced prevention of offical corruption and effective management public offical carry out selfregulating themselves.
detailed legalistic control options against public corruption public officials are the followings.
First, it is to establish the measures for anti-corruption on the laws in accordance with establishment and operation of anti-corruption using private public governance.
Second, it is to establish the measures anti-corruption on laws in accordance with the Public Officials Ethics Law.
Third, it is to establish the measures for anti-corruption on laws in accordance with the law of the Criminal Procedure Code.
Fourth, it is to make the suggestions about the laws and the situation on social conditions. In the field, there are included operation of the property registration system, strengthen of organizations of the public officials anti-corruption commission,construction of autonomous
internal,control system, right-sizing of punishment, restriction of giving-and-receiving gifts, the restriction on employment, etc.
Key Words : Public Officials, Illegality and Corruption of Public Officials, Public Officials Ethics Law, Anti-Corruption and Civil Rights Commission, Property Registration of Public Officials