비영리법인·공익법인 부패방지 방안

Abstract

The prevention of corruption in non-profit organizations and public interest organizations that serve the public interest in the private sector plays an important role in pursuing the public good and enhances trust and confidence in the private sector. In our anti-corruption law system, prevention of corruption in the private sector is added to the provisions on breach of trust under criminal law. The Public Interest Whistleblower Protection Act regulates the protection of whistleblowers, and the Medical Service Act, Medical Device Act, Pharmaceutical Affairs Act, etc., are governed by regulations prohibiting receiving bribes or similar payments. There is a need to introduce regulations for non-profit corporations through a legislative reform of the anti-corruption law system. In that sense, we looked at the legal system and regulations on the Australian Charities and Not-for-profits Commission of Australia and considered the implications for improving future anti-corruption legislation in the private sector. In the case of Australia, non-profit charitable corporations are generally afforded with public trust and confidence through the ongoing disclosure, transparency, public education, and independent and powerful authority of the Charity Commission, while sufficiently guaranteeing citizens' autonomy and enjoying tax benefits. We also need to refer to the model of discipline based on autonomy and trust. Regarding the discipline of public interest corporations, it is necessary to consider implementing a newly established public interest committee to prevent dual supervision issues with existing authorities and supervisory agencies such as the National Tax Service, and to develop a new independent management and supervision body as in the case of Australia.