부패방지법연구最新文献

{"title":"A study on the decision to guarantee status by the Anti-Corruption and Civil Rights Commission","authors":"Sun-Kyun Jung","doi":"10.36433/kacla.2023.6.2.213","DOIUrl":"https://doi.org/10.36433/kacla.2023.6.2.213","url":null,"abstract":"Through the Corruption Reporting System, corruption in the public sector can be prevented, and the basic rights of the people can be protected and the adequacy of administration can be secured. However, issues regarding conflicts between organizations and members or between members through corruption reporting, and explicit or implied disadvantages to corruption reporters(whistleblower) are constantly being raised. Therefore, in order to solve this problem, Article 62-2 of the Anti-Corruption Rights and Civil Rights Commission Act allows corruption reporters to apply for measures such as guaranteeing their status to the Anti-Corruption and Civil Rights Commission if they have received or are expected to receive disadvantageous measures for reporting. By the way, it is clear that the Anti-Corruption and Civil Rights Commission's decision on measures such as guaranteeing the status of the head of the agency to which the reporter belongs is a measure to protect the rights and interests of the reporter, but on the other hand, it would violate the constitutional or statutory authority of the head of the affiliated agency. Therefore, an in-depth study on this is required.
 First, the Anti-Corruption and Civil Rights Commission's decision to guarantee status is an internal act between administrative agencies and not an act regulating the rights or duties of citizens, so it cannot be regarded as an administrative disposition as a subject of an appeal lawsuit. Accordingly, a lawsuit in which the head of an affiliated agency contests a decision on to guarantee status against the Anti-Corruption and Civil Rights Commission should be regarded as an institutional lawsuit, which is a lawsuit about the exercise of authority between administrative agencies, not an appeal lawsuit. In this way, if the administrative litigation regarding the decision to guarantee status is regarded as an institutional litigation, there is no problem in theory that Article 62-4 of the Anti-Corruption Rights Commission Act limits the eligibility of plaintiffs and the subject of suit, and sets the filing period very short. However, the current regulation limiting the filing period to 30 days due to excessive focus on the protection of whistleblower is not appropriate in light of the nature of institutional litigation aimed at resolving disputes over authority between institutions. Therefore, it is reasonable to amend the Act so that a lawsuit can be filed within 60 days from the date of notification of the decision to guarantee status. In addition, the current regulations do not have a separate objection provision in case the whistleblower's application for guarantee of status is rejected or rejected. So, it is necessary to establish a new regulation on the whistleblower's right to file a lawsuit so that he can file a lawsuit with the court.","PeriodicalId":475403,"journal":{"name":"부패방지법연구","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135990478","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Brain doping in Sports and human rights: brain doping from the perspective of anti-corruption","authors":"Ju-Hee Eom","doi":"10.36433/kacla.2023.6.2.153","DOIUrl":"https://doi.org/10.36433/kacla.2023.6.2.153","url":null,"abstract":"The use of tDCS (Transcranial Direct-Current Stimulation), a non-invasive and painless brain stimulation technique, could be used in sports as a new form of brain doping. The World Anti-Doping Agency prohibits doping in competition, and brain doping has the potential to be used as a substitute or workaround for traditional doping methods. As brain doping technologies may provide performance enhancement in a similar way to doping athletes with banned substances or other devices, it is necessary to examine the normative implications of brain doping as an advanced technology. This article examines constitutional principles from the perspective of fundamental rights, such as the rule of law and fairness, and how they relate to human rights issues. In order to focus the discussion on the constitutional issue of anti-corruption, the article examines the public law issues of rule of law and fairness, and the human rights issues of equality, mental freedom, and the right to health, in the context of brain doping in athletes, and suggests implications for anti-doping policy. The implications of imposing restrictions on performance enhancement by intervening in the brain may be a matter of limiting an individual's right to self-determination as a form of self-determination in that it may restrict an individual's ability to improve their performance in a variety of ways of their own free will. In order for brain-doping devices to contribute to sporting fairness, it is important to ensure that access to brain-doping devices is equitable among individuals, while minimizing the adverse effects of using the technology and ensuring that athletes are safe from health risks. Guidelines are needed to ensure that devices that have the potential to undermine the fairness of sporting events through brain doping are included on the anti-doping rule's prohibited list and that athletes who use them are suspended from competition, and that underage athletes are not coerced into using brain-doping devices by coaches, managers et al. When tDCS used for brain doping is marketed as a wellness healthcare product, there is a need for consumer protection. Considering that doping may emerge in new ways in line with advances in science and technology, international cooperation and discussions should be carried out with the participation of civil society to ensure that technological advances do not jeopardize the safety of citizens and become a tool for corruption.","PeriodicalId":475403,"journal":{"name":"부패방지법연구","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135990661","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Study on the US Corrupt Police Officer Regulation System: Focusing on the New York Police Department","authors":"Koung-Mi Huh","doi":"10.36433/kacla.2023.6.2.185","DOIUrl":"https://doi.org/10.36433/kacla.2023.6.2.185","url":null,"abstract":"This study analyzes the corrupt police officer regulatory system in the United States and presents its dilemma or implications. Due to the complex legal system in the United States, the punishment for the same corruption is different. This gives police officers the false impression that a colleague has been sacrificed in order to uphold noble justice. Federal disciplinary laws make it difficult to punish corrupt police officers because they determine the necessity of using firearms or violent force from the police officer's point of view. After all, the government is making a practice of closing corruption cases with a large civil settlement. Sanctions are required when the New York Police Commissioner does not accept the civil complaint review committee's disciplinary recommendation for corrupt police officers.Violence and excessive use of firearms by US police officers are increasing the number of civilian deaths. It should be recognized that punishing only the problem cops, like the rotten apple theory, is not an essential solution. Corruption among civilian police officers is also serious, and a separate anti-corruption policy is needed. US police need to make efforts to restore the trust and status of the police, which have been lost to the extent that the theory of abolition of the police force is spreading. In addition, the corruption control system of the police organization should be systematically overhauled.","PeriodicalId":475403,"journal":{"name":"부패방지법연구","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135990307","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A study on the system status of social enterprises and anti-corruption measures","authors":"Soonja Lee","doi":"10.36433/kacla.2023.6.2.99","DOIUrl":"https://doi.org/10.36433/kacla.2023.6.2.99","url":null,"abstract":"Korea promotes, supports, and regulates social enterprises through the Social Enterprise Promotion Act. In this Act, a “social enterprise” refers to a company that engages in business activities such as production and sales of goods and services while pursuing social goals such as improving the quality of life of local residents by providing social services or jobs to the underprivileged or contributing to the local community. It is an enterprise. In general, businesses pursue profit, while social enterprises pursue profit, but they also have the purpose of solving social problems or creating social values through business activities, so they receive various support from the government or local governments.
 However, social enterprises engage in corrupt practices in various fields, such as overcharging labor costs, fraudulent receipt of subsidies for job creation projects, accounting fraud, improper use of support funds, fraudulent subsidies, fraudulent business development expenses, operational corruption, fraudulent receipt of social insurance premiums, and use of subsidies unrelated to business purposes. are doing
 Due to such corruption, the value of social enterprises is being devalued, and it can be evaluated that corruption is so widespread that the government has discussed reducing subsidies to social enterprises.
 In Ⅱ below, the concept, characteristics, and typology of social enterprises were reviewed, and the goals and roles pursued by social enterprises, the method of creating social values, and the sustainable social influence of social enterprises were considered. In Ⅲ, what is corruption in social enterprises is defined, and the causes of corruption, cases of corruption, and problems caused by corruption are mentioned. In Ⅳ, the regulation on sanctions in case of corruption was reviewed in the Social Enterprise Promotion Act, and the revision of this law was presented to prevent corruption, and solutions were presented by dividing it into internal and external measures.","PeriodicalId":475403,"journal":{"name":"부패방지법연구","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135990843","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Corruption in the medical field and measures to prevent corruption: Based on the data of the Anti-Corruptin & Civil Rights Commission","authors":"Yong-Jeon Choi","doi":"10.36433/kacla.2023.6.2.131","DOIUrl":"https://doi.org/10.36433/kacla.2023.6.2.131","url":null,"abstract":"In May 2023, the SBS ‘Model Taxi 2’ drama, which aired on the theme of corruption in the medical field, recorded a fairly high viewership rating. ‘Model Taxi 2’ was aired with the theme of medical personnel who committed various medical accidents and corruption, such as surrogate surgery by mobilizing pharmaceutical company employees and surgery under the influence of alcohol. It is suspected that such corruption is frequent in the medical field.
 The Anti-Corruption and Civil Rights Commission has voted to consider false and fraudulent claims by doctors and medical institutions as corruption. However, the Korean Medical Association systematically protested the decision on the grounds that it fostered mutual distrust among the public, doctors, medical workers, staff and doctors, and the medical field. The medical community is taking a tolerant attitude towards anti-corruption activities, such as internal public interest whistleblowing and fighting to block the implementation of the compensation system.
 In this reality, this study began with the purpose of preventing some medical institutions or medical personnel who commit corruption from committing corruption any more, and protecting medical institutions and medical personnel performing normal medical activities. In addition, based on various data collected by the Anti-Corruption and Civil Rights Commission through internal public interest reporting newly established in 2003 and the reward system introduced in 2008, the current status and types of corruption in the medical field were analyzed and improvement plans were presented.
 According to the data of the Anti-Corruption and Civil Rights Commission, first, cases of violation of the Pharmaceutical Affairs Act are not diverse. In general, these are excessive claims for insurance benefits, hiring unqualified people, lending licenses, or receiving kickbacks rom pharmaceutical companies. Second, compared to the cases of the Pharmaceutical Affairs Act, corruption related to healthcare takes on quite a variety of forms, and the number of cases is large. Among many acts of corruption, there are many fraudulent claims for insurance benefit costs, and the methods of fraudulent claims for insurance benefit costs vary. In addition, medical personnel directly commit corruption, mobilize employees of medical institutions, or commit themselves by themselves. Corruption such as lending a doctor’s license, acting on behalf of an unqualified person, corruption in bidding, corruption in hiring, bribery, receiving kickbacks, embezzlement, etc. It is no exaggeration to say that it is a department store of corruption. Of course, the same is true for other occupations, but we cannot help but be surprised at the phenomena occurring in the medical field, which requires a high degree of professionalism and strict medical ethics.
 As measures to improve the system to prevent such acts of corruption, the self-regulatory system, strengthening punish","PeriodicalId":475403,"journal":{"name":"부패방지법연구","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135990144","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Study on the Contents of the Current Union Accounting System and the Prevention of Accounting Fraud","authors":"Nam-Wook Kim, Bong-Ki Shin","doi":"10.36433/kacla.2023.6.2.3","DOIUrl":"https://doi.org/10.36433/kacla.2023.6.2.3","url":null,"abstract":"Public institutions or social organizations that have received financial support from the government must submit accounting-related data for the financial support they have received in accordance with relevant laws or have them accounted for by separate accounting in accordance with relevant laws and have them undergo periodic internal or external audits. there is.
 However, in Korea’s Trade Union Act, not only is the qualification of a union auditor and the scope of audit data that union members can request unclear, but also the scope of data reporting to administrative authorities is limited to cases requested by administrative authorities. There are limits to preventing fraud and corruption. There are cases of embezzlement or misappropriation of labor union fees by executives such as the head of a labor union, and suspicions of embezzlement of government subsidies are being raised. In order to secure the transparency of labor union accounting, there have been cases where the government has not submitted relevant data even though the government requested the labor union to submit the cover and inlay of the account books and documents based on the Trade Union Act.
 Therefore, after clarifying the concept of accounting under the Trade Union Act, reviewing the trade union accounting system under the Trade Union Act in Korea, and comparatively examining legislation related to the trade union accounting system in the United Kingdom, the United States, Japan, and France, the implications for Korea to seek In addition, since transparency in labor union accounting is a prerequisite for securing democracy and autonomy of trade unions, clarification of labor union accounting standards, introduction of trust management duty and conflict of interest duty system for labor unions, measures to secure transparency in labor union finances, and From the viewpoint of the duty to prepare and submit an annual report, the guarantee of the right to access information to union members, the right to ask questions and the right to request data submission from administrative authorities, and the strengthening of administrative penalties for accounting corruption by trade union executives, etc. We seek to secure a fair and objective accounting system for labor unions.","PeriodicalId":475403,"journal":{"name":"부패방지법연구","volume":"148 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135990310","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Public Law Regulation for Large-Scale Jeonse Lease Fraud (Villa King)","authors":"Kyoung-Sun Kwon","doi":"10.36433/kacla.2023.6.2.41","DOIUrl":"https://doi.org/10.36433/kacla.2023.6.2.41","url":null,"abstract":"Since the second half of last year, large-scale Jeonse lease fraud cases called “Villa King” and “Villa God” have been revealed one after another. The term “rental fraud” can be understood as “an act of stealing a lease deposit by deceiving a tenant (tenant) by those involved in a lease contract, such as a landlord (tenant), a builder, a broker, or a sales agent”.
 Most of the so-called “King of Villas” and “Billasin” defrauded tenants of their Jeonse lease deposits in a similar way, mainly targeting new villas or tenants of multi-family homes.
 The large-scale Jeonselease fraud occurred because of the difficulty in grasping the market price of new villas, the corruption of pre-sale agencies and licensed real estate agents, and the loopholes in the Jeonse lease loan and Jeonse lease guarantee insurance system. The problem of Jeonse lease fraud has existed before, but in recent years, Jeonse lease fraud has occurred nationwide and systematically because a large number of pre-sale agents, unqualified licensed real estate agents, and brokerage assistants have actively attracted tenants. Due to this Jeonse lease fraud, the Certified Brokerage Act was revised to prevent unqualified licensed real estate agents from operating, but there are no measures or regulations for sale agencies and real estate consulting companies. Therefore, it is hoped that the legislation for the sale agency business and real estate consulting business will be reorganized as soon as possible so that those with expertise and responsibility can mediate and protect the property of the people.
 The recent large-scale lease fraud is a complicated combination of insufficient tenant protection, guarantee insurance and lease loan system weaknesses, and legal and institutional problems of licensed real estate agents and real estate consulting companies. The large-scale Jeonse lease fraud has caused great pain and confusion, especially to the common people, and it also makes us think about the principles of private autonomy and the limitations of government intervention.
 The principle of private autonomy means that individuals can make their own decisions on matters related to them by respecting human dignity and values, and are also responsible for the decisions they have made. But no individual, no organization, no state is complete, and is free from unreasonable decision-making and unethical deviations and corrupt practices. And it grows through trial and error such as unreasonable decisions and corruption. I sincerely hope that the pain and confusion experienced by our society will be an opportunity to sublimate into an advanced housing welfare system and real estate transaction system.","PeriodicalId":475403,"journal":{"name":"부패방지법연구","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135990669","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A study on legislative solutions to prevent lax management and waste of local government budget","authors":"Hoe-Chang Kim","doi":"10.36433/kacla.2023.6.2.71","DOIUrl":"https://doi.org/10.36433/kacla.2023.6.2.71","url":null,"abstract":"Among the writings on local government operation published since the 1970s until recently in the UK, which can be said to be the suzerain of local autonomy the representative characteristic is the focus of research on the logic that threatens the traditional status of local autonomy which has been understood as a sound symbol of democracy in the past.
 Korea has been experiencing incomplete local autonomy with insufficient decentralization for over 30 years but it is not much different in that local autonomy is rapidly being absorbed into turbid central politics as in the UK and Western Europe. In addition to the influence of central politics lacking national trust local election officials bandwagon of popularism drives unit local governments to serious budget waste.
 The problems arising from the continuous budget waste and lax financial management of local governments can be limited to a unit area in a microscopic view but expand as a side effect of the nation's overall financial management in a macroscopic view. In particular, such a side effect is that it promotes distrust between social classes, while eventually causing serious obstacles in the operation of local autonomy, which is the basis of democracy.
 The patterns of budget waste in the budget management process of local governments typically show behaviors such as hasty decisions, exhibitionism, patronage and sharing. The main background of this problem is the selfish judgment of the political party that does not properly accept the voters' demands. In other words, rather than managing their finances soundly, they focused only on spending their budgets by pandering to popularity. It has also encouraged a waste of budget due to the private use of public powers.
 Therefore, we urge the introduction of a local government bankruptcy system and a taxpayer lawsuit system as a way to solve the problem. At the same time, the improvement and strengthening of the ordinance legislative power which has been continuously requested from the local government field and that is an urgent issue. Along with improvement of the current self-audit function of local governments. In the future I would like to suggest that it is necessary to establish a 'Local Board of Audit and Inspection' gradually divide the country into regions.","PeriodicalId":475403,"journal":{"name":"부패방지법연구","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135990673","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}