인문학
사회과학
자연과학
공학
의약학
농수해양학
예술체육학
복합학
DBpia AI
AI 에이전트
AI 아이디어
AI 리더
AI 뷰어
Citeasy
크롬 서지관리 다운로드
지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
이용수
초록· 키워드
The Improper Solicitation and Graft Act §11-(1)-ⅱ provides “Articles 5 through 9 shall apply mutatis mutandis to the performance of public duties by any of the following persons (hereinafter referred to as “private person performing public duties”): 1. A member of various committees established under the Act on the Establishment and Management of Councils, Commissions and Committees under Administrative Agencies, or any other Acts and subordinate statutes, who is not a public official; 2. A legal person, organization, or an organ or individual belonging thereto that has an authority delegated from a public institution under Acts and subordinate statutes; 3. An individual on assignment from the private sector to a public institution in order to perform public duties; and 4. An individual, legal person or organization that conducts deliberation or assessment in relation to public duties in accordance with Acts and subordinate statutes“
There are a lot of disputes with regard to the related person subject to application of the §11-(1)-ⅱ, a person that has an authority delegated from a public institution clause. But the range of the‘ private persons performing public duties’ shall be very strictly interpreted because of the ‘No laws, no crime’ doctrine. So, this private persons means who have administrative authorities(not including tasks) delegated from a public institution(not including private school or media companies) by respective Act or its subordinate statute that has an ‘legal fiction of public officials in applying penal provisions’ clause.
When a private person performing public authorities is a legal person or organization, its employees who deal with delegated authority shall not be subject to apply mutatis mutandis. Its all employees shall be subject to apply mutatis mutandis if only they are related to delegated authority.
There are a lot of disputes with regard to the related person subject to application of the §11-(1)-ⅱ, a person that has an authority delegated from a public institution clause. But the range of the‘ private persons performing public duties’ shall be very strictly interpreted because of the ‘No laws, no crime’ doctrine. So, this private persons means who have administrative authorities(not including tasks) delegated from a public institution(not including private school or media companies) by respective Act or its subordinate statute that has an ‘legal fiction of public officials in applying penal provisions’ clause.
When a private person performing public authorities is a legal person or organization, its employees who deal with delegated authority shall not be subject to apply mutatis mutandis. Its all employees shall be subject to apply mutatis mutandis if only they are related to delegated authority.
#청탁금지법
#공무수행사인
#공무원의제
#죄형법정주의
#권한의 위탁
#명확성의 원칙
#The Improper Solicitation and Graft Act
#doctrine of clearness
#private persons performing public duties
#legal fiction of public officials
#no laws
#no crime doctrine
#delegation of authority
상세정보 수정요청해당 페이지 내 제목·저자·목차·페이지정보가 잘못된 경우 알려주세요!
목차
- Ⅰ. 문제의 제기
- Ⅱ. 법률 규정 개관
- Ⅲ. 공무수행사인의 개념 정의
- Ⅳ. 공무수행사인이 단체인 경우의 적용례
- Ⅴ. 맺음말
- 참고문헌
- Abstract
참고문헌
참고문헌 신청최근 본 자료
UCI(KEPA) : I410-ECN-0101-2017-360-001877478
