국문요약 ··············································································1
.제1장. 서론 및 청탁금지법 개요 ····································3
제1절 연구의 배경과 목적 ············································································5
제2절 청탁금지법 개요 ·················································································6
1. 제정과정 ··········································································································6
2. 법률안의 비교 ·································································································8
3. 법체계의 개요 ·······························································································16
.제2장. 청탁금지법의 법리적 쟁점 분석 ························19
제1절 적용대상의 선정의 자의성과 형평성의 문제 ····································22
제2절 보호법익과 불법의 불명확성 ····························································26
제3절 부정청탁 ···························································································36
1. 부정청탁의 행위유형과 그 문제점 ······························································36
가. 가벌성을 결정하는 열거규정 ·········································································37
나. 위법성조각사유의 열거규정 ···········································································40
2. 부정청탁 금지규정의 적용상의 문제점 ·······················································42
가. 부정청탁 금지규정의 적용 ············································································42
나. 자신의 이익을 위하여 직접 청탁한 사람에 대한 제재의 결여 ··················48
제4절 금품 등의 수수 등의 행위 ·······························································51
1. 금지되는 금품 등 ·························································································51
가. 접대비에 대한 세제혜택과 금품 등 수수의 금지 ········································52
나. 위법성조각사유의 열거규정의 명확성과 포괄위임의 문제 ·························54
2. 배우자의 금품 등 수수사실의 미신고와 수수된 금품 등의 미반환 ·········60
가. 입법목적의 정당성 ·························································································62
나. 구성요건의 규정형식의 문제점 ·····································································63
제5절 이해충돌방지를 위한 제도적 장치의 부재 ·······································67
.제3장. 청탁금지법에 관한 의식조사의 방법론 ··············69
제1절 청탁금지법에 관한 설문문항 구성 ····················································72
1. 청탁금지법과 관련된 예시 문항들의 구성 ·················································72
가. 부정청탁의 금지에 관한 예시 ·······································································73
나. 금품수수 금지에 관한 예시 ··········································································75
다. 비교용 예시 : 이해충돌 방지에 관한 예시 ·················································77
2. 청탁금지법의 주요 쟁점에 관한 설문 문항들의 구성 ·······························78
가. 청탁금지법의 쟁점에 관한 공통 설문 문항 ·················································79
나. 청탁금지법의 쟁점에 관한 전문가용 설문 문항 ·········································81
3. 기타 설문 문항들의 구성 ············································································82
제2절 표본조사의 방법 ···············································································82
1. 일반 국민들을 대상으로 한 조사 ································································83
2. 이해관계자 및 법률전문가들을 대상으로 한 조사 ····································84
가. 교육계 종사자 대상 조사 ··············································································84
나. 언론계 종사자 대상 조사 ··············································································86
다. 법률전문가 대상 조사 ····················································································88
.제4장. 청탁금지법에 관한 의식조사 결과 분석 ············91
제1절 일반인 인식조사 결과 분석 ······························································93
1. 응답자의 사회 인구학적 특성 ·····································································94
2. 사회문화적 배경 ···························································································96
가. 부정부패 관련 문화적 배경 ··········································································96

나. 사회 인구학적 특성별 결과 ··········································································97
3. 우리나라의 부정부패의 수준에 대한 인식 ···············································102
가. 부정부패 수준에 관한 문항 ······································································102
나. 사회 인구학적 특성별 부정부패 수준의 인식 ···········································103
4. 부정부패 해결에 관한 의견 ·······································································108
가. 부정부패의 해결 관련문항 ········································································108
나. 사회인구학적 특성별 ···················································································109
5. 청탁관행의 심각성 ·····················································································115
가. 청탁관행에 관한 문항 ·················································································115
나. 사회 인구학적 특성별 ·················································································116
6. 떡값관행의 심각성 ·····················································································117
가. 떡값관행에 관한 문항 ·················································································117
나. 사회 인구학적 특성별 ·················································································118
7. 대상자(공직자, 언론인, 교육인)별 부패 정도 ··········································120
8. 청탁금지법에 대한 인지도 ········································································121
가. 청탁금지법에 대한 인지도 문항 ·································································121
나. 사회인구학적 특성별 청탁금지법에 대한 인지도 ······································122
다. 청탁금지법의 인지경로 ················································································124
9. 청탁금지법에 대한 기대 ············································································125
가. 법의 효용성.효과성 ·····················································································125
나. 법의 내용상 적절성 ·····················································································126
10. 부정부패 행위 ··························································································127
가. 청탁금지법상 부정청탁 행위 ······································································127
나. 특정 행위들의 부정부패 행위여부 ···························································127
11. 경조사비 비용의 허용기준 ······································································128
가. 청탁금지법의 예외사항으로서 경조사비의 허용기준 ································128
나. 사회 인구학적 특성별 ·················································································130
12. 외부강의 사례금 제한규정 ······································································132
가. 외부강의 사례금 제한규정의 적절성 ··························································132
나. 외부강의 사례금 기준 적용의 형평성 ························································134
13. 쟁점 비교분석을 위한 응답성향 변수의 생성 ·······································136
가. 법에 대한 기대 ··························································································136
나. 기준 적용상 형평성 ··················································································137

14. 언론의 자유 침해 여부 ············································································138
가. 언론의 자유 침해 소지 ···············································································138
나. 사회 인구학적 특성별 ·················································································139
다. 법에 대한 기대수준별 ·················································································141
라. 형평성 성향별 ······························································································141
마. 부패대상자별 ······························································································142
15. 사립학교 법인 포함 규정 ········································································143
가. 사립학교 법인 포함 규정의 적절성 여부 ··················································143
나. 사회 인구학적 특성별 ·················································································144
다. 형평성 성향별 ······························································································146
라. 부패대상자별 ································································································146
16. 청탁금지법 대상 직업의 확대여부 ·························································147
가. 대상 직업 확대에 대한 의견 ······································································147
나. 법에 대한 기대별 ·························································································148
다. 사회 인구학적 특성별 ·················································································149
라. 형평성 성향별 ······························································································151
마. 부패대상자별 ······························································································151
17. 배우자 규정의 적절성 ············································································153
가. 배우자 금품수수시 공직자 처벌 규정의 적절성 ·······································153
나. 사회 인구학적 특성별 ·················································································154
다. 형평성 성향별 ······························································································155
18. 배우자 신고 규정의 적절성 ····································································156
가. 배우자 금품수수시 신고 규정 ·····································································156
나. 사회 인구학적 특성별 ·················································································158
다. 형평성 성향별 ······························································································159
19. 친족의 행위 포함여부 ·············································································160
가. 금품수수 등 위반시 처벌 규정의 범위 ······················································160
나. 사회 인구학적 특성별 ·················································································161
다. 형평성 성향별 ······························································································162
20. ‘농축산물’과 ‘화훼’의 소비 위축에 대한 우려 ······································163
가. 특정 품목의 소비 위축에 대한 우려 ·························································163
나. 사회 인구학적 특성별 ·················································································164
21. ‘국내산 농축산물’과 ‘화훼’의 제외 필요성 ···········································166

가. 농축산물 및 화훼의 제외 필요성에 관한 의견 ·········································166
나. 사회 인구학적 특성별 ·················································································166
다. 형평성 성향별 ······························································································167
22. 이해충돌 방지 규정의 제외 ····································································168
가. 이해충돌 방지규정 제외에 대한 의견 ························································168
나. 사회 인구학적 특성별 ·················································································169
다. 법의 내용상 적절성 문항과의 관계 ···························································171
23. 추가적 입법의 시급성 ·············································································172
가. 이해충돌 방지법의 추가적 입법의 시급성 ················································172
나. 사회 인구학적 특성별 ·················································································173
다. 법의 내용상 적절성과의 관계 ·····································································174
제2절 주요 이해당사자 및 법률전문가 의식조사 결과 분석 ····················175
1. 청탁금지법에 대한 교육계 종사자들의 기본 인식 ··································175
가. 교육계 종사자들의 청탁금지법에 대한 기본적 인지 정도 ·······················175
나. 청탁관행 및 떡값관행에 대한 교육계 종사자들의 의견 ··························177
다. 청탁금지법 내용의 적절성 및 성공가능성에 대한 교육계의 의견 ··········183
2. 청탁금지법에 대한 언론계 종사자들의 기본 인식 ··································187
가. 언론계 종사자들의 청탁금지법에 대한 기본적 인지 정도 ·······················187
나. 청탁관행 및 떡값관행에 대한 언론계 종사자들의 의견 ··························187
다. 청탁금지법 내용의 적절성 및 성공가능성에 대한 언론계의 의견 ··········191
3. 청탁금지법에 대한 법률전문가들의 기본 인식 ········································193
가. 법조계 종사자들의 청탁금지법에 대한 기본적 인지 정도 ·······················193
나. 청탁관행 및 떡값관행에 대한 법조인들의 의견 ·······································195
다. 청탁금지법 내용의 적절성 및 성공가능성에 대한 법조계의 의견 ··········196
4. 청탁금지법의 주요 쟁점에 대한 응답 결과 분석 ····································198
가. 주요 쟁점에 관한 공통 문항 분석 ·····························································199
나. 심층적 쟁점에 관한 분석 ············································································208
제3절 일반 국민 대상 설문 쟁점별 예시 문항 분석 결과 ·······················214
1. 부정청탁 금지에 관한 예시문항 ·······························································214
가. 전형적인 청탁 유형 ·····················································································214
나. 논란의 여지가 있는 청탁 유형 ···································································217
2. 금품수수 금지에 관한 예시문항 ·······························································227
가. 전형적인 금품수수 유형 ··············································································227
vi 최근 부패방지법의 쟁점에 관한 연구
나. 논란의 여지가 있는 금품수수 유형 ···························································229
3. 이해충돌 방지에 관한 예시문항 ·······························································238
가. 퇴직공무원의 민간기업 재취업 관련 문제 ················································239
나. 가족 또는 친인척 관련 업무 ······································································243
제4절 집단별 예시문항 응답 비교분석 ·····················································245
1. 부정청탁 금지에 관한 예시문항 ·······························································245
가. 전형적인 청탁 유형 ·····················································································245
나. 논란의 여지가 있는 청탁 유형 ···································································249
2. 금품수수 금지에 관한 예시문항 ·······························································259
가. 전형적인 금품수수 유형 ··············································································259
나. 논란의 여지가 있는 금품수수 유형 ···························································261
3. 이해충돌 방지에 관한 예시문항 ·······························································269
가. 퇴직공무원의 민간기업 재취업 관련 문제 ················································269
나. 가족 또는 친인척 관련 업무 ······································································270
.제5장. 결 론 ·······························································273
참고문헌 ···········································································285
Abstract ··········································································289
부록 ··················································································291
[부록1] 일반국민용 설문지 ·······································································291
[부록2] 법조인용 설문지 ···········································································306
[부록3] 언론인용 설문지 ···········································································322
[부록4] 교육인용 설문지 ···········································································338
[부록5] 청탁금지법 제정과정 비교표 ························································353

부패부정의 근절을 목표로 삼는 청탁금지법의 입법취지는 누구나 공감할 수 있을정도로 보편적이고 타당하며, 그 때문에 이 법의 가치와 의의가 있다. 하지만, 청탁금지법의 내용이 과연 그러한 입법취지를 만족시킬 수 있을지에 대해서는 회의적 시각들이 존재하고 있는 게 현실이다. 이에 본고에서는 청탁금지법을 법리적으로 면밀히검토함과 아울러 청탁금지법의 주요 쟁점과 관련한 대국민 설문조사 및 주요 이해당사자 대상 설문조사 결과를 분석하여 현 청탁금지법에 대한 다면적인 진단을 시도하였다. 그리하여 이 법의 시행 이전에 이 법의 문제점을 개선할 수 있는 방안을나름대로 마련해 보고자 하였다.