부패방지법 관련 현안문제에 관한 고찰

Abstract

This study aims to examine the current issues of the Anti-Corruption Act focusing on the revised bill. In Chapter 2, the legal issues related to the protection and compensation support for whistleblowers were reviewed following: first, vitalization of the corruption reporting system through the essential reduction of penalties; second, reinforcement of reporter protection strengthening protection procedures for reporting person, easing requirements for temporary suspension decision for ‘procedural pre-protection and post-review’ of reporting person); third, improving the effectiveness of subrogating the right to claim compensation for damages. Next, in Chapter 3, legal issues related to the strengthening of citizens' surveillance and participation functions were considered through securing the timeliness and effectiveness of the national audit request system. Lastly, in Chapter 4, legal issues related to strengthening the integrity of public institutions were reviewed as follows: first, investigation and evaluation of corruption in public institutions and imposition of administrative fines; second, the use of business secrets by employees of public institutions; third, the punishment on acquiring property by using undisclosed information acquired in official affairs unrelated to work.
 It is impossible to prevent massive corruption without aversion to small corruption. Moreover, The problems corruption are serious not only in the public sector, but also in the private sector. Therefore, I agree with the point that solution should be changed from public office-centered corruption to public interest-centered corruption in the future.
 The rule of law has developed as a principle of liberalism to guarantee the freedom of the people, and is recognized today as a component of liberal democracy along with separation of powers.
 Anti-corruption needs to be approached from the perspective of overcoming the crisis of the rule of law, because corruption has the meaning of eroding the rule of law.