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공공분야 갑질의 원인 진단 및 종합대책에 관한 연구
제목 공공분야 갑질의 원인 진단 및 종합대책에 관한 연구
표지 공공분야 갑질의 원인 진단 및 종합대책에 관한 연구 저자 윤해성, 이정주, 윤종설, 주용환, 이선중
등록일 2019-02-20
분류기호 18-AB-08
발간일 2018년 12월
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목차 국문요약 ········································································1 ❘제1장❘ 서 론 ···································································5 제1절 연구의 배경과 목적 ···························································7 제2절 연구 내용과 방법 ····························································9 1. 연구의 범위 ···································································9 2. 접근 방법 ··································································9 ❘제2장❘ 이론적 논의와 연구모형 ····································11 제1절 갑질 현황 ··························································13 1. 우리나라의 갑질 실태 ·····················································13 2. 언론보도상의 ‘갑질’ 사례 ················································15 가. 공공부문 ······························································16 나. 문화부문 ···························································17 3. 공공분야의 갑질에 대한 인식 ··············································18 가. 공공분야 갑질의 심각성에 대한 인식 ·······································18 나. 공공분야 갑질이 심각하다고 인식하는 이유 ·····································19 다. 공공분야 갑질이 많이 발생하는 업무 ···········································20 라. 공공분야 갑질이 가장 많이 발생하는 행정 분야 ··································21 마. 행정/공공기관으로부터의 갑질 피해 경험 여부 ··································22 바. 갑질 피해 형태 ···························································22 사. 갑질에 대한 대응 방법 ···················································23 아. 갑질에 대응하지 않았다면 그 이유 ···········································24 자. 공공분야 갑질 발생의 가장 큰 원인 ··········································25 제2절 기존 이론 및 선행연구 검토 ···········································26 1. 개념적 모호성 ····························································26 2. 접근 방법의 한계 ························································27 제3절 갑질의 개념적 특징 ··················································29 1. ‘갑질’ 정의의 의미 ························································29 2. ‘갑질’의 관계의 다중성 ····················································30 가. 구조적 관계 ····························································31 나. 사회문화적 관계 ··························································31 3. ‘갑질’ 원인의 다중성 ······················································33 가. 규칙의 위반 ···························································33 나. 도덕적 규범의 위배 ····················································34 4. ‘갑질’ 피해의 다중성 ·················································35 가. 경제적 피해 ·····················································35 나. 비경제적 피해 ··························································36 5. 특성에 따른 ‘갑질’의 개념적 모형(concept model) ······························37 제4절 일본에서의 갑질 개념 ··················································38 1. 파와하라(パワハラ)의 개념 ·················································38 2. 유형 ··········································································39 가. 신체적 공격 ··························································40 나. 정신적 공격 ·························································40 다. 인간관계의 분리 ························································40 라. 과도한 요구 ·······················································40 마. 과소 요구 ························································41 바. 사생활 침해 ·························································41 3. 영향 ···································································41 가. 사용자 책임 (불법 행위 책임) ···········································41 나. 채무 불이행 책임 (직장 환경 배려 의무) ······································42 다. 작업 환경의 악화 ·····················································42 라. 직원의 정신 건강에 미치는 영향 ···············································42 마. 생산성의 저하와 인재의 유출 ················································43 바. 신뢰 저하 ··························································44 제5절 소결 ························································44 ❘제3장❘ 공공분야에서의 갑질 사례 분석 ························47 제1절 개관 ······························································49 제2절 선정 기준 및 분석틀 ············································51 1. 선정기준 ······························································51 2. 분석틀 ···························································52 제3절 사례별 분석 ··························································53 1. 권력형 갑질 ··························································53 가. 인사 청탁형 ························································53 나. 뇌물 수수 및 공여 ···················································60 다. 리베이트 ···························································70 2. 불공정 갑질 ·····················································73 가. 계약 관계 갑질 ···················································73 나. 부당 행위 : 미정산, 대금 인하 등 ····································76 다. 납품 관련 금품 수수, 공금 유용, 횡령 ··································84 3. 권한남용 ······················································85 가. 비인격적 행동 : 모욕, 명예훼손 ······························85 나. 사적 용무 지시 : 자택 수리, 사무실 리모델링 ··························88 다. 부당한 업무 지시 ············································89 4. 기타 공공부문이 민간부문을 대상으로 갑질 사례 ·······················90 가. 계약, 납품 등 거래 관계 부정 부패 ····························90 나. 직장, 단체 내 직권 이용 부조리 ····································92 제4절 분석 및 시사점 ················································95 1. 사례 분석을 통한 가이드라인 및 주의사항 도출 ···················95 가. 권력형 갑질 ················································95 나. 불공정 갑질 ······················································100 다. 권한남용 ················································104 라. 기타 공공부문이 민간부문을 대상으로 갑질한 사례 ··························106 2. 시사점 제시 ······················································108 가. 갑질과 부패, 범죄와의 관계 ·······································108 나. 복합 내지 중복되는 행위태양 ·········································111 3. 공무원 행동강령 등의 적용여부 ··························112 가. 형법 ·····························································112 나. 부패방지 및 국민권익위원회의 설치와 운영에 관한 법률 ···················113 다. 임직원 행동강령 ··············································113 라. 청탁금지법과 공무원 행동강령, 공직자 윤리법 및 공무원 법 ················115 마. 공정거래법 및 하도급법 ············································115 4. 인식전환을 위한 의무교육실시와 갑질문화 평가시스템 개발・적용 ·······116 제5절 소결 ······················································117 ❘제4장❘ 공공분야 갑질의 유형별 원인분석 ··················119 제1절 분석을 위한 조사설계 ·································121 1. 갑질의 유형・원인・대응방안 설계 ·······························121 2. 조사설계 ············································123 제2절 공공분야 갑질에 대한 일반적 인식 ·······················124 1. 사회에서의 갑질문화 원인 ···································124 2. 우리사회 갑질의 심각성 ·····································125 3. 사회에서 갑질이 심한 영역 ·································126 4. 갑질과 범죄・부패의 경계선 ·································127 5. 갑질의 허용수준 ········································130 6. 갑질의 판단 근거 ·········································131 7. 갑질문화 청산 노력 필요 영역 ······························132 8. 갑질 신고 시스템 구비를 위한 선행 요인 ······················133 제3절 갑질 유형 별 특성 및 원인 분석 ·····················135 1. 공공분야 갑질의 유형 별 심각성 ·······················136 가. 상위 유형 별 심각성 수준 ······························136 나. 하위 유형 별 심각성 수준 ····································140 2. 공공분야 갑질의 유형 별 원인 ································147 가. 공공분야 갑질의 일반적인 원인 ···························147 나. 권력형 갑질의 원인 ·····································150 다. 불공정 갑질의 원인 ·······································157 라. 권한 남용 갑질의 원인 ·······································163 3. 공공분야 갑질의 유형 별 대응방안 ····················168 가. 권력형 갑질의 대응방안 ········································168 나. 불공정 갑질의 대응방안 ·········································172 다. 권한 남용 갑질의 대응방안 ····························174 제4절 소결 ···············································177 ❘제5장❘ 공공분야 갑질의 원인 및 개선방안 ················183 제1절 현행 공공분야 갑질의 특징 ···························185 1. 공공분야 갑질의 유형 및 유형별 특징 ·····················185 2. 공공분야 갑질의 유형별 원인 ····································186 제2절 법제도 및 조직 내 운영체계 개선방안 ················189 1. 갑질의 개념 및 판단 기준 ·························189 2. 갑질에 대한 대응 방안 ···········································190 가. 법・제도 측면에서의 대응 방안 ·······························190 나. 운영체계 측면에서의 대응방안 ································193 다. 인식개선을 위한 대응방안 ································196 라. 교육을 통한 대응방안 ·······························199 제3절 공공분야 갑질 개선을 위한 가이드라인 ·················200 공공분야 갑질 근절을 위한 가이드라인(안) 제시 ···················198 붙임1 갑질 발생 위험진단 ·····························219 붙임2 갑질 신고 업무처리에 대한 만족도 평가 ····················223 참고문헌 ···········································225 Abstract ··································227
요약

2018년 한국사회에서는 소위 ‘갑질’로 비유되고 있는 현상이 문제화되면서 고질적인 갑질 현상을 근절하기 위한 노력이 정부를 비롯하여 사회 각층에서 일어나고 있다. 이에 대통령의 지시로 인하여 2018년 7월 정부 세종청사에서 국무총리의 주재 하에
공공분야 “갑질 근절” 종합 대책을 논의 및 확정하기에 이르렀다. ‘갑질’이라는 용어가 언제부터 일반화되었는지는 알 수 없으나 한국 사회에서 이슈화 되었던 00유업 사건, 00항공 회항사건과 일가 사건, 00백화점 진상고객 사건 등을 보면 알 수 있듯이 재벌
오너의 직원 하대에서 원청과 하청의 관계, 진상 고객 등 민간 분야의 갑질에서 공직사회 조직 내의 갑질에 이르기까지 이제 ‘갑질’은 뉴스에 자주 등장하는 단골메뉴가 되고 말았다.
한국사회는 2차 세계 대전 후 빠른 경제성장으로 인해 사회 전반에 많은 문제점을 내포하고 있었다. 그 가운데 소위 “갑” “을” 관계로 인식되는 우월적 지위에 있는 상사와 하급자의 관계, 공공부문과 민간부문의 관계에서 비롯되는 부당한 문제점을 들 수 있다. 이러한 “갑”“을” 관계가 ‘갑질’이라는 새로운 용어를 만들어내면서 한국사회에서는 심각한 사회문제로 대두 되었다. 이와 같이 많은 사람들이 잘못된 행위이고 관행인 줄 알면서도 참아온 것이 바로 ‘갑질’ 현상인 것이다. 특히, 하청업자들에 대한 갑질, 신입사원 선발권행사, 상호간의 청탁, 채용 비리와 방해, 부당한 계약 등 겉으로 드러나지 않지만, 고질적이고 은폐된 ‘갑질’ 행위가 아직도 대부분의 조직에서 당연하게 이루어지고 있는 실정이다.
이러한 사회적 상황에서 ‘갑질’에 대한 국민들의 인식을 알아보고, 사례를 검토하여 현실적인 문제점을 진단하고 시사점을 도출해야 할 당위성이 한국 사회에서 늘 존재해 왔다. 더욱이 한국사회가 나아가야 할 방향을 제시하기 위해서라도 고질적인 관행을타파하고 바람직한 문화를 선도해야 할 의무도 상존하고 있었다. 그렇지만 의아하게도 한국 사회 내의 ‘갑질현상’에 대한 인식 조사와 사례 연구는 커녕 가이드라인이나 법제도에 대한 선행연구 역시 찾아볼 수 없었다. 무엇보다 갑질을 예방하고 가이드라인을 제시하기 위한 연구가 절실함에도 불구하고 실상은 그렇지 않아 일반 국민들로 하여금 혼란과 오해를 야기하고 있었던 것이다.
특히, 중요한 것은 ‘갑질’ 행위가 범죄 내지 부패로 나아갈 수 있는 개연성이 상당히 크고 때로는 범죄 내지 부패인 경우도 존재하고 있었다는 점이다. 한국사회의 그릇된 관행이 범죄와 부패로 나아가기 이전에 ‘갑질’의 판단기준과 가이드라인을 제시하기 위한 노력이 뒷받침되었어야 하는데, 현재까지 그런 연구가 이루어지지 않았다는 점에서 상당히 아쉬웠다. 이에 ‘갑질’ 사례를 분석하고 비교법적 연구와 국내의 법제도를 검토한 다음 가이드라인(안)을 제시하기 위한 실증적 연구가 필요했다.
따라서 본 연구는 국무조정실의 주재 하에 4개월의 연구기간을 걸쳐 한국형사정책연구원과 한국행정연구원이 공동으로 수시연구를 진행하였다. 한국사회에서 흔히 ‘갑질’이라고 불리는 ‘갑을 관계’에 대한 국민들의 인식과 관련해서 한국행정연구원이 조사연구를 진행하였고, 이론 연구를 비롯하여 10여년 동안의 이슈화 된 사례를 분석하고 시사점을 도출하는 법제도연구는 한국형사정책연구원이 수행하였다. 본 연구가 현 시점에서 매우 필요하고 중요한 의미를 가진 만큼, 공공분야 갑질 근절 예방과 대응은 물론 갑질 행위에 대한 경종을 울릴 수 있는데 조금이나마 도움이 될 수 있기를 기대해 보면서 가이드라인(안)도 함께 제시하였다.

한국형사정책연구원 연구보고서는 '공공누리' 출처표시, 상업적이용금지. 변경금지 조건에 따라 이용하실 수 있습니다.

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