The Current Status of Legislation and Tasks Regarding the Improper Solicitation and Graft Act of Korea

• 발행기관: 한국학술연구원
• 저자명: Myeongjin Han
• 간행물 정보: 『Korea Observer』Vol 49, No 4, 643~663쪽, 전체 21쪽
• 주제분류: 사회과학 > 정치외교학
• 파일형태: PDF
• 발행일자: 2018.12.31

영문 초록

The Improper Solicitation and Graft Act (hereafter Solicitation Prohibition Act) consists of 5 chapters and 24 articles regarding the prohibitions of improper solicitations and receiving bribes and relevant procedures and punishments for violation of the Act. It can be viewed as reasonable legislative policy to have the Solicitation Prohibition Act classify improper solicitation acts that were previously not addressed by the legal system and place them on the prohibition list and devise proper measures such as imposing criminal punishment or fines depending on the gravity of the offense. However, the following aspects of the Act need improvement: limiting the application of the Act to specific groups based solely on consideration of the public nature of the education sector and public interest of the press; listing the types of improper solicitation so that those not included on the list may not be regulated by the Act; and deletion of the article regarding the prevention of public officials’ conflicts of private interests, which was one of the major points in the proposed bill.

목차

I. Introduction

II. What is the Solicitation Prohibition Act of Korea?

III. Issues with the Solicitation Prohibition Act

IV. Conclusion

키워드

Solicitation Prohibition Act duty-relatedness quid pro quo private sector with strong public nature conflict of private interests