이해충돌 방지 제도의 경성법화 과정에 관한 연구

Abstract

Methods for controlling corruption in public officials can be broadly divided into preventive control and post-punitive control. In relation to the recent anti-corruption system, more attention is paid to preventive control and it is a well-known fact that most of countries are investing considerable energy in preventive control as well as institutional improvement. It is a global trend that the national level of interest is increasing in the control of conflicts of interest situations with a high risk of causing corruption. In Korea, in the process of enacting current the Improper Solicitation and Graft Act in 2015, efforts were made to introduce regulations related to the prevention of conflicts of interest. But it was failed to cross the threshold of the National Assembly. However public opinions for legislation related to the prevention of conflicts of interest have continued to come to fruition in April 2021. In Korea's legal system, the device for preventing conflicts of interest has already been introduced in the form of a soft law in the Code of Conduct for Public Officials(Enforcement Decree) in April 2018. And according to the efforts of the relevant ministries and the standing committee under the National Assembly to make it a hard law, it will be enacted into legislation in April 2021. This series of hard legalization process is to be analyzed focusing on the change from the soft law form to the hard law form. In this case, rather than looking at the whole law in an abstract way, the detailed form(Report ･ Prohibition ･ Restriction) for preventing conflicts of interest within each law. We would like to examine it by dividing it. In addition, the matters related to the conflict of interest prevention device are divided into three categories : the Code of Conduct for Public Officials as a Soft Law, the government initiative before legislation and the final plenary resolution (The Conflict of interest Prevention Act). According to this study, we will take a look at the process of enforcing the hard legalization of the conflict of interest prevention device in Korea and examine whether there are any shortcomings in the process of enforcing the hard law and whether there are any deficiencies in the application of the law ahead of the enforcement of the law, Act on the prevention of conflict of interest related to duties of public servants.