청탁금지법상의 ‘직무관련성’ 개념과 그 문제점

A Problem of The Improper Solicitation and Graft Act in Korea

The Improper Solicitation and Graft Act in Korea was originated from the perception that we need to take firm action on severe corruption in our society. Therefore, The Act expands the range of subject of application to private sector, and makes people feel like they will be punished if they receive money(over one million won), even though there is no duty relations and purpose to get some rewards. Furthermore, it controls lectures of government employee, which may accompany some dealings. However, this Act is actually not that different with the crime of bribery, because it grants lots of exceptions. Thus, Article 8 of this Act is very strict on the members of the newly added private sector(such as reporters), but it gives public officers light penalties, which is lighter than the crime of bribery. In accordance, the public officers must be regulated with separate Article, not with the Article 8. The Article 10 of this Act even restricts the outside lecture by professors in national universities, in the same way it controls the lecture of government employees. However, it violates not only academic freedom, but also equal rights of the professors. Since it treats professors in national universities differently with professors in private universities, while it treats them the same with administrative public officials who are in fact very different with the professors in national universities.