「부정청탁 및 금품 등 수수의 금지에 관한 법률」의 쟁점과 전망 - 법 시행 3년차, 여전히 계속되는 위헌성 논란 -

Abstract

The Improper Solicitation and Graft Act which entered third year of implementation. Still has a variety of unconstitutional possibilities despite of its innate ability. First, in relation to the scope of the application of the law, the prohibition of the prohibition act violates the principle of equality in the Constitution that the public officials and civilians (journalists, professors) treat the same area arbitrarily. In addition, although the request for prohibition of appeal should not be made unjustly according to the name of the law, it may be a violation of the principle of clarity of the penal regulations because it can be known after the trial of the court It is significant to newly establish the definition of "illegal appeal" in Article 2 of the Suppression Ban Act. In addition, if the money received by the public official is recognized as a prize, it is punishable by bribery under the common criminal law. In addition, the same treatment of general administrative officers and professors in relation to ‘external lectures’ to be governed by Article 10 of the Ban on Prohibition Act is likely to violate the academic freedom and equality principle. In addition, the pre-notification system related to the external lecture infringes privacy rights, personal information self-determination right, and the freedom of scholarship because it contains personal information such as personal political opinions and thoughts and beliefs. Finally, according to the Prohibition Ban Act, the head of a public institution is required to receive a pledge from the office of public officials promising to abide by the obligation to prohibit illegal gifts and bribery, which would also violate the freedom of conscience in the Constitution.