공기업 임직원의 의무와 책임에관한 연구 - 한국토지주택공사 임직원의 비위행위 및 근절대책을 중심으로-

Abstract

Because of Korea Land & Housing Corporation(hereinafter referred to as “LH”) situation, the Korea government have been pushed ahead with eradication countermeasures for misconduct of officers and staff of public corporations since March 2021. By the way, most of the eradication countermeasures for misconduct have been to strengthen the duty to prohibit the use of nonpublic information and the responsibility for it. Thus the eradication countermeasures for misconduct are focused on preventing, detecting, and punishing speculation in real estate by officers and staff of public corporations and recovering profits obtained through such misconduct. So, although the internal control system to eradicate misconduct has been strengthened, misconduct other than speculation in real estate continues to this day, regardless of the position of LH members. The Korean government has identified the cause of the LH situation as organizational problems in LH, and is promoting an organizational reorganization of LH to solve this problem. Considering this progress, it is very worrisome that the officers and staff have lost awareness of ethical management. Therefore, I think it is necessary to discuss the effectiveness of eradication countermeasures for misconduct, which are designed to strengthen the duties and responsibilities of officers and staff of LH. In this study, the cause of the LH situation and eradication countermeasures for misconduct are examined, the characteristics of public corporations and the duties and responsibilities of officers and staff, and the effectiveness of eradication countermeasures for misconduct are discussed. AS a result, (ⅰ) The expansion of the subject of the obligation to prohibit the use of nonpublic information and the strengthening of the penalty have considered to be temporarily effectiveness in that no additional misconduct was detected after the LH situation. (ⅱ) To eradication of other misconduct, it has proposed to amendment of the new penalty provision that allows officers and staff to be held accountable when they violate the rights of the people intentionally or through gross negligence or fail to remedy the infringed rights of the people. (ⅲ) It emphasized the need for motivation to voluntarily control misconduct as well as strengthen regulations on duties and responsibilities of officers and staff of public corporations. In conclusion, as a eradication countermeasures for misconduct about officers and staff of public corporations I think that it is most desirable to enable officers and staff to suppress misconduct by themselves. But I believe that various policies can be eradicated only when various policies are promoted, such as strengthening the duties of officers and staff for misconduct and holding them accountable accordingly, so that officers and staff give up misconduct with a reasonable choice.