청탁금지법의 쟁점 재검토

Abstract

This article briefly reviews possible problems regarding interpretation, implementation, and the content of the act itself. Reviewing the act, at first I was worried of its possible impact on our society, but at the same time, I could think of a bright future where healthy competition is guaranteed. Although briberies of public officials has been cleaned out through several democratic regimes entailing both internal and external effort to change, I wish this act would be a little help cleaning out such unhealthy customs. However, the specific regulations in the act should be more rational in order to carry out the act more effectively. The decision of constitutional court doesn't necessarily guarantee that the content nor procedure of such act is perfect; even some details of the act had been dissented by 5 of 9 judges. As it has been mentioned by consitutional court decision, this act applies to all citizens, and it is against existing custom. Therefore, like it says on the purpose of the act-"to ensure that public officials and relevant persons fulfill their duties uprightly and to secure public confidence in public institutions", we need to consistently re-examine and revise the act and guarantee it being rational and suitable enough as a criminal law. In addition, we have to reconsider whether regulating briberies and misconducts of public officials only with strict written-law would be solely effective. Strict regulations on criminal law might be a powerful mean to dissuade the person who is right before the choice of action. But if act of bribing or accepting bribery depends on structural defect of society, such briberies and misconducts will rather perpetrated under the surface. Eventually, the risk and cost of bribery might be even higher, possibly resulting in even bigger amount of bribery than before. Therefore, we need to examine the elements affecting the public officials decisions, and revise the act accordingly. For example, we can reward them with pays sufficient enough to meet their living costs, or create an atmosphere boosting their self-esteem as a public official.