공직자윤리법상 공직부패 방지에 대한 고찰

Abstract

Corruption in the public service society undermines the principle of fair competition and the health of the market, undermines the public's trust in the public, and ultimately violates the basic principles and values of the Constitution, including the principle of the rule of law, which is a fundamental principle of our Constitution.
 As a public service ethics, integrity is a standard of morality that public officials should have, and the duty of integrity of a member of the National Assembly under Article 46(1) of the Constitution is a duty that applies to all public officials beyond the members of the National Assembly. Under the Ethics of Public Officials Act, the system of property registration and disclosure does not violate the Constitution because it does not regulate how public officials form property or the limits on property holdings, but rather requires them to register the formed property by declaring it to the state.
 Stocks are property rights that have a fairly small meaning for the individual's personality manifestation, but because their social associations and social functions are distinct, they can be more broadly restricted by the state. Because a stock trust is based on a substantial connection between a public official and a family member, it does not fall under the constitutionally prohibited association system. The employment restriction of retired public officials is intended to ultimately ensure the fairness of their duties by preventing the possibility of using confidential information or information obtained during their employment for certain companies re-employed after retirement, or exerting undue influence over the department in which they were employed.