청탁금지법 유치원·어린이집 적용사례와 향후과제

Abstract

The Improper Solicitation and Graft Act, which was enforced in September last year, generated a lot of controversy due to the scope of its application and the vagueness of standards since the legislation process. Private kindergartens that are defined by the Framework Act on Education as "schools" fell under the Improper Solicitation and Graft Act. At its initial stage, teachers who privately perform public duties at the childcare centers of Nuri-Curriculum and all of the other employees of those centers fell under the Act as well. However, as the legislation process did not consider distinct characteristics of the care and education of infants, unexpected problems arose in the childcare centers' settings. Notably, confusion escalated when the teachers of the childcare centers came to be exempted from the Act 3 months after its implementation as the relevant government office gave an authentic interpretation. For this reason, this piece of writing analyzed the kindergartens and childcare centers' perceptions of the Act and examples of its application; and sought tasks for improvement through considering main issues caused by distinct characteristics of the kindergartens and childcare centers.