청탁금지법 적용대상의 문제점

Abstract

This article aims to review the Internet Service Provider as an object of the Improper Solicitation and Graft Act as a Korean Anti-corruption Act, called as the ‘Kim Young-Ran Act’. After the longtime debate about the introduction of the Anti-corruption Act, the Improper Solicitation and Graft Act is enacted on Mar. 2015 and enforced on Sep. 2016. The ‘Kim Young-Ran Act’ applies to the private journalists as well as public officials. But the Internet Service Provider, for example naver and daum, are exempted from the Kim Young-Ran Act, even though the ISP has the function of the news provider like any other press. According to Article 2 of the ‘Kim Young-Ran Act’ press organizations are public institution. And the Press organizations are defined by subparagraph 12 of Article 2 of the Act on Press Arbitration and Remedies for Damage Caused by Press Reports. The term "press organization" means any broadcasting business operator, newspaper business operator, business operator publishing periodicals including magazines, news communications business operator, or online newspaper business operator in the Article 2(Definitions) Nr.12 of the Act on Press Arbitration and Remedies for Damage Caused by Press Reports. But the ‘Internet news service provider’ is regulated in the Article 2(Definitions) Nr.19 of the Act. ‘Internet news service’ means any electronic publication that continues to provide or intermediate press articles via the Internet. Rule-maker made a mistake technically. The Korean National Assembly should correct the ‘Kim Young-Ran Act’ as it was proposed. The journalists and the ISP should be regulated by the proper Press Acts. And the ‘Kim Young-Ran Act’ should apply only for the public officials bribery.