「부정청탁 및 금품등 수수의 금지에 관한 법률」상 공무수행사인

Abstract

The Improper Solicitation and Graft Act was enacted and enforced to enable public officials to perform their duties uprightly and secure public trust in public institutions by removing improper solicitation and graft to public servants. Considering the trend of administration by the private sector, the act also regulates “Private Persons Performing Public Duties”. The Improper Solicitation and Graft Act Articles 11, Clause 1 says that Article 5 through 9 shall apply mutatis mutantis to the performance of public duties by any of the following persons (hereinafter referred to as “private person performing public duties”): 1. A member, who is not a public servant, of any committee established under the Act on the Establishment and Management of Councils, Commissions and Committees under Administrative Agencies, or any other Act or subordinate statute; 2. A juridical person or an organization, an organ thereof, or an individual to which authority has been delegated or entrusted by a public institution under Acts or subordinate statues; 3. An individual dispatched from the private sector to a public institution in order to perform public duties; 4. An individual, a juridical person, or an organization that conducts deliberation or assessment in relation to public duties in accordance with Acts or subordinate statutes. In interpreting the above regulations, first we have to consider the contents of the regulation. And we have to see if private persons make and/or announce an administrative decision with administrative authority under Acts or subordinate status. Private persons performing public duties under The Improper Solicitation and Graft Act should be limited to those who have administrative authority and legal responsibilities.