국민권익위원회 조직개편과 기능강화 방안 연구

Abstract

Since the founding of the Republic of Korea, corruption has been a top policy issue for any regime, but no regime has been free from corruption. With the enactment of the Anti-Corruption Act, the Korea Independent Commission against Corruption was launched in 2002 and the Anti-Corruption and Civil Rights Commission(ACRC) was established in 2008, but the investigation of corruption awareness has been stalled and major corruption cases have repeatedly erupted. In the future, anti-corruption and integrity reform tasks will continue to be the top policy tasks. Therefore, the role of ACRC is still significant.
 The purpose of this study is to examine the organizational legal history and characteristics of the Anti-Corruption, Ombudsman and Administrative Appeals of ACRC's functions, and to examine the direction of reorganization by analyzing the correlation between functions. In addition, measures to strengthen the status and function of ACRC as a general agency for anti-corruption were summarized.
 ACRC was launched by the integration of the Korea Independent Commission against Corruption, the Ombudsman of Korea and the Administrative Appeals Commission in 2008 under the new government's 'Small Government' policy stance. However, it has been pointed out that the three functions of the Anti-Corruption, Ombudsman and Administrative Appeals do not function organically through chemical fusion due to the integration of the three institutions of a heterogeneous nature.
 Analysis of the correlation between the three functions shows that the Anti-Corruption and Administrative Appeals are heterogeneous, the Anti-Corruption and Ombudsman can be fused, and Ombudsman and Administrative Appeals are different, but on the contrary, there is a possibility of a positive correlation. Therefore, the direction of government reorganization, in which ACRC, a general agency for preventing corruption, separates Administrative Appeals function and leaves Ombudsman function, can be evaluated as positive. However, if the positive correlation between Ombudsman and Administrative Appeals is considered together, an alternative to separating not only the Administrative Appeals but also Ombudsman function can be considered. However, it is not simple to move on to the question of whether to make Ombudsman a separate organization or combine it with Administrative Appeals. Legislative policy discussions on the procedures and organizational design of Administrative Appeals ans Ombudsman functions need to be preceded.
 Apart from discussions on reorganization, ACRC has been criticized for its deterioration from the president to the prime minister, undermining its status, independence and political neutrality, and lacking practical authority to realize anti-corruption functions. In order to solve these problems and strengthen the overall anti-corruption function, it is proposed to establish an independent anti-corruption organization, to include the Chairperson of ACRC in the list of Confirmation Hearings, to grant investigation rights, and to improve the whistleblower protection system.