부정청탁 및 이해충돌 방지 관련 영국법제 연구와 그 시사점

Abstract

Korea has gained no outstanding achievement on corruption control compared to its remarkable economic development. The recent public survey demonstrated that more than half of Korean people perceived that public officers were corrupted. In spite of such situation, currently, a bill with concrete measures against corruptive practices or Act on Preventing Dishonest Solicitation & Conflicts of Interest is proposed by Anti-Corruption Civil Rights Commission. As a comparative legal research for the bill, this thesis investigates British laws related to the prevention of dishonest solicitation, interest-offering, and conflict of interest in the public service. Particularly, with respect to interest-offering, it studies U.K. Bribery Act[BA], Civil Service Code, Civil Service Management Code and case law related to the Prevention of Corruption Act. Regarding improper performance, it researched BA. Finally, as regards conflicts of interests of public officers, Fraud Act, CSC, and CSMC were examined. The bill, except treating dishonest solicitation to pubic officer under administrative sanction, is considered to have more lenient penalty than UK laws. In the long-term, pursuant to public opinion and pressure from international community, it need to raise the current level of punishment as well as to adopt transparent structure of public administration.