일명 김영란법상 처벌행위에 대한 헌재 결정 분석

• 영문명: Analysis of Constitutional Decisions on Punishment Act of Kim Young-Ran Law
• 발행기관: 한국형사판례연구회
• 저자명: 오경식(Oh, Kyung-Sik)
• 간행물 정보: 『형사판례연구』형사판례연구 제25권, 447~487쪽, 전체 41쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2017.06.30

영문 초록

Although the Republic of Korea has made remarkable economic development, the government’s corruption index is at the lowest level among OECD countries, and it is a fact that corruption can not escape from the widespread state in many fields. In order to achieve the growth engine of the nation, this liquidation of corruption is an essential element. From this national mission, Kim Young–Ran’s proposal was presented at the 19th National Assembly for the purpose of clearing up corruption and enhancing integrity of the public societies. After consultation between the public hearing and the related organizations, the “Kim Young–Ran Law” was enacted, the “Act on the Prohibition of Illegal Filing and Receipt of Money, etc.”. Article 1 of the Act stipulates that the illegal appeal against public officials and the receipt of money such as public officials shall be prohibited so as to ensure the fair performance of public officials and ensure public confidence in public institutions. Although the legitimacy of these legislative purposes is all affirmative, there is criticism that the enactment of the law without a careful examination of the effects of the law has had a significant negative impact on the national economy as well as unconstitutional regulations. In this paper, the criticism of the decision of the Constitutional Court and the unfairness of this law are examined through the critical analysis of the unconstitutional judgment decision of the case 2015 HUNMA 236, 2015 HUNMA 412, 2015 HUNMA 662, 2015 HUNMA 673. And the unconstitutionality of the law. The amendment should amend and supplement the legislation to ensure that political power is provided to prevent institutional abuse, such as media and means for static elimination.

목차

[사실관계]

[평석 및 김영란법의 분석내용]

Ⅰ. 들어가면서

Ⅱ. 본 법률의 입법취지와 문제점

Ⅲ. 법률의 구체적 내용에 대한 검토

Ⅳ. 결론

키워드

김영란법 부정청탁 및 금품수수의 금지에 관한 법률 명확성의 원칙 과잉금지원칙 죄형법정주의 Kim Young– Ran Law Act on the Prohibition of Illegal Filing and Receipt of Money etc the principle of clarity nulla poena sine lege the principle of excessive prohibition