The Ideal and the Real in Combatting Corruption in Western Style Democracies

( Gerald E. Caiden ) 성균관대학교 사회과학연구소 2008 社會科學 Vol.41 No.1

The best attempts to measure the extent of official misconduct or corruption in the global society by such key organizations as the World Bank and Transparency International show great disparities between continents, regions within continents, and countries within regions. They also reveal that attempts to combat corruption from international level down to local community level similarly vary with some reporting great success and others admitting almost total failure. Or so the measures purport to demonstrate conclusively. On the basis of these official findings, some communities redouble their efforts to improve their standing in world opinion while others ashamed of their low ranking proclaim that the measures are biased against them and discount their meaningless efforts to contain corruption within. In any event, many countries acknowledge that corruption seems to be on the increase worldwide and their policies to reduce its incidence seem always one step behind, regardless of international agreements, tougher laws, stronger investigation and prosecution, and more stringent ethics codes and education. Admittedly, such measures of corruption actually bear little relation to anti-corruption campaigns. And for simple, obvious reasons. First, as few agree exactly what constitutes corruption, researchers use quite different definitions and measure quite different forms of official misconduct. Second, as much corruption is by definition furtive and hidden, all that can be measured is that which becomes known and discovered and possibly misdiagnosed when innocent officials are used as unknowing agents of the really corrupt who deliberately take advantage of the ignorant. Third, most measures are purely guesswork taken from selective opinion surveys from unrepresentative sample groups whose opinions are solely valued. Fourth, the way in which such biased sampling is handled is hardly scientific but is highly prejudiced economically, politically, socially, and culturally. Fifth, what purports to be corruption, mostly in the public sector and rarely in the private sector which may much more significant for the general populace, is taken out of context. The best attempts to measure the extent of official misconduct or corruption in the global society by such key organizations as the World Bank and Transparency International show great disparities between continents, regions within continents, and countries within regions. They also reveal that attempts to combat corruption from international level down to local community level similarly vary with some reporting great success and others admitting almost total failure. Or so the measures purport to demonstrate conclusively. On the basis of these official findings, some communities redouble their efforts to improve their standing in world opinion while others ashamed of their low ranking proclaim that the measures are biased against them and discount their meaningless efforts to contain corruption within. In any event, many countries acknowledge that corruption seems to be on the increase worldwide and their policies to reduce its incidence seem always one step behind, regardless of international agreements, tougher laws, stronger investigation and prosecution, and more stringent ethics codes and education. Admittedly, such measures of corruption actually bear little relation to anti-corruption campaigns. And for simple, obvious reasons. First, as few agree exactly what constitutes corruption, researchers use quite different definitions and measure quite different forms of official misconduct. Second, as much corruption is by definition furtive and hidden, all that can be measured is that which becomes known and discovered and possibly misdiagnosed when innocent officials are used as unknowing agents of the really corrupt who deliberately take advantage of the ignorant. Third, most measures are purely guesswork taken from selective opinion surveys from unrepresentative sample groups whose opinions are solely valued. Fourth, the way in which such biased sampling is handled is hardly scientific but is highly prejudiced economically, politically, socially, and culturally. Fifth, what purports to be corruption, mostly in the public sector and rarely in the private sector which may much more significant for the general populace, is taken out of context Secondly, this paper is not to be taken as giving up on combating corruption as the corrupt always seem to find a way around any measures taken against them. The idea of ridding humankind of all corruption is beyond reach. But there can be little excuse for not trying to reduce and minimize its presence, to chase it into relatively harmless pursuits, to expose and punish corrupt conduct, and to minimize and compensate its victims where they can prove being harmed. Corruption only breeds more corruption. The wrong signals are sent out to the vulnerable who come to believe that they can get away on cheating on others and in so doing cheat themselves too. No society, certainly not a democratic society, can be complacent and blind itself to the rot within. Integrity must be cherished for the virtue it truly is in any civilized society.

Corruption and Public Value in Malaysia

Shakila Yacob 한국공공가치학회 2021 공공가치연구 Vol.2 No.1

Purpose: This paper explores the interrelated relationship between corruption and public value in Malaysia. It examines the government s creation of public value and why these values become meaningless in the face of systemic corruption pervading the country. This review aims to identify the areas of concern that had nurtured the practice of corruption in Malaysia s public sector and how these areas of concern can be strengthened to rebuild the citizen or rakyat s trust in the integrity of the public sector. Method: Over several decades, the Malaysian governments have launched important initiatives to counter corruption. This paper focuses on only two government initiatives as a reference. The first initiative refers to the three different approaches undertaken by the Mahathir government in the early 1980s. These included- the Clean, Efficient and Trustworthy initiative (1981), which had Leadership by Example (1983) as a central theme. These initiatives were followed by the campaign for the Inculcation of Islamic Values Policy (1985). The second initiative refers to the National Anti-Corruption Plan launched by the Pakatan Harapan (PH) government in 2019, under the Mahathir 2.0 government. The present Perikatan Nasional (PN) government has also adopted this plan. Using the examples of these two Malaysian governments anti-corruption initiatives, this paper examines the values espoused by the government, almost four decades apart, to instill integrity in the public sector. Results: High corruption in the public sector has led to a serious public trust deficit, threatening the country s economic development and social cohesion. Public integrity remains evasive when the interests of a few override those of the larger population. With rampant corruption, the delivery and quality of public services to the citizens become problematic. Conclusion: This paper recommends the way forward in rebuilding trust and public value in Malaysia. Institutional reforms, empowering the public, and encouraging the participation of civil society organizations are some of the measures proposed to overcome the scourge of corruption in Malaysia.

부패인식의 차이에 대한 실증적 분석 : 시민들의 공직사회에 대한 부패인식의 차이는 어떠한 요인에 기인하는가?

김준석(Kim Junseok),조진만(Cho Jin-man),엄기홍(Eom Ki-hong) 서울행정학회 2011 한국사회와 행정연구 Vol.21 No.4

Corruption perceptions measures that are based on public opinion survey with sophisticated sampling methods, have been widely used in field of corruption studies over decades as proxies for the state of corruption. Past research however has failed to distinguish the difference between the degree to which corruption is perceived to exist in public mind and the degree of corruption in a society. Further they tended to underestimate the importance of response variations about corruption perceptions in survey research with the political, economic, and institutional environment controlled. What makes survey respondents perceive the same state of corruption differently and can we find any patterns of their perception in terms of socio-economic characteristics? This article improves our understanding of these questions by exploring factors upon the degree to which corruption is perceived to each respondent. This article constructs an empirical model to test the effects of respondents' socio-economic characteristics and corruption perception about specific policy arena on the general perception of corruption in a society. Using a couple of corruption surveys in 2004 and 2006 and a ordered logistic regression method, this article finds that a respondent's age, job, education, income factors influence how his general perception of corruption is shaped. The younger a respondent is, she is more likely to evaluate the state of corruption negatively. Those who are rich tend to be more insensitive to the state of corruption. Also, a respondent's evaluation on tax and civil engineering and construction administration influence have strong impact on the degree to which corruption is perceived to him while the effects of those on police, education, and court are rather minimal. To emphasize the potential harm caused by sampling bias, we conduct a semi-experiment using a series of Korean Public Administration Research Institute Corruption studies. Our result shows that changes in aggregate public corruption scores could be due either to changes in societal corruption or to sampling errors in respective surveys. Our findings warn that corruption measures based on public polls should be carefully utilized in terms of its potential for inaccuracy.

민간부패의 개념과 가벌성 - 민간부패 처벌 법제의 정비를 위한 소고 -

안수길 ( Sugil An ) 한국법정책학회 2017 법과 정책연구 Vol.17 No.1

민간부패 처벌 법제 정비에 일조하고자 민간부패의 개념과 가벌성을 검토했다. 형법해석학의 관점에서 보면 부패란 수임인(대리인)이 제3자(증뢰자)와 결탁해 위임인(고용주)에 대한 의무를 위반하여 이익을 주고받는 행위라 할 수 있다. 여기에서 수임인이 공무원이면, 즉 위임인이 국가이면 공직부패이고, 수임인과 위임인 모두 민간인이면 민간부패이다. 민간부패의 처벌 근거는 사무처리의 공정성이나 경쟁의 공정성을 해친다는 데에서 찾을 수 있다. 사무처리의 공정성을 보호법익으로 삼아 민간부패를 범죄화하는 것은 사회의 투명성을 높이는 데 기여할 수 있다는 장점이 있다. 반면 민간인에게 공무원 수준의 청렴의무를 요구해 형벌권의 과잉행사를 조장한다는 단점도 있다. 다만 이 단점은 사무가 공공성이 강한 때에는 줄어든다. 부패행위를 경쟁의 공정성을 침해하는 범죄로 규정 할 수도 있다. 공정한 경쟁은 시장경제질서가 원활하게 작동할 수 있는 조건이 어서 형법으로 보호할 가치가 있기 때문이다. 최근에는 경제 외에 스포츠 분야 에서도 공정한 경쟁을 해치는 부패행위를 형법으로 벌하려는 경향이 있다. 이상의 내용에 기초하면 현재의 민간부패 처벌 규정들을 세 유형으로 나눌 수 있다. 사 무처리의 청렴성을 보호하는 규정, 경쟁의 공정성을 보호하는 규정, 이 둘을 동 시에 보호하는 규정으로 말이다. 이 유형화는 민간부패 처벌 규정들을 짜임새 있게 고치는 출발점이 될 수 있다. Corruption in the private sector has become a major task of crime policy. But current crime policies show their limits when facing this task, because they have up to now focussed on corruption in the public sector. This problem is further complicated by the fact that criminal provisions against corruption in the private sector are now inconsistently scattered in many individual laws. It is urgent to develop a crime policy to prevent and reduce corruption in the private sector. For this purpose, this article has attempted to examine what corruption means, and whether and why it is punishable not only in the public sector, but also in the private. Indeed, there is no universal definition of corruption. But from the angle of the criminal law doctrine (Strafrechtsdogmatik) corruption can be defined as the behavior of an agent who receives benefit from a third person and giving benefit to a third person by violating his duty to his principal. If an agent is a government official, and thus his principal is a state, then corruption is classified into corruption in the public sector. If, on the contrary, the agent and his principal are both civilians, corruption belongs to corruption in the private sector. The culpability of private-to-private corruption can be sought in the fact that it breaches the duty to manage another`s business fairly or harms fair competition in the market. Examples of the former are Art. 322novies Swiss Criminal Code (“accepting bribes”) and Sec. 309 Austrian Criminal Code (“acceptance of gifts and bribery of employees or agents)”; an example of the latter is Sec. 299 German Criminal Code (“taking and giving bribes in commercial practice”). Penalizing private-to-private corruption for ensuring the duty of fair management of another`s business is able to contribute to fight against corruption in general effectively, but creates also the risk of being misused to interfere in the freedom of action of civilians. However, this risk could be significantly reduced, if a business has a public character and can therefore be treated more or less as an official business. On the other hand, in the field of commercial practice corruption can be criminalized for ensuring fair competition in the market as an essential prerequisite for a modern economic system. It is remarkable that nowadays legislators in many countries tend to protect conditions of fair competition not only in business transactions, but also in sport which has gained in significance. This leads us to the question whether fair competition in sport can be a legal good (Rechtsgut) that should be protected by criminal law. It may be concluded from the above that penal provisions against private-to-private corruption in many individual laws can be categorized into three groups: provisions to protect the legal good “fair management of another`s business”, those to protect the legal good “fair competition” and those to protect these legal goods at the same time. This categorization could serve as a starting point for a fair and effective anti-corruption criminal legislation.

중국 부패범죄의 형사정책에 관한 연구

민수현(Min, Shou-xuan) 한국형사정책학회 2017 刑事政策 Vol.29 No.2

Corruption is the same with widespread illness, and it is a malignant entity that can corrupt the entire society if not cut off. Regarding anti-corruption, China has consistently and severely punished. In particular, after the election of 2013 by the state, Mr. Shi Jinping introduced the so-called zero tolerance policy against corruption. The problem, however, is that anti-corruption crimes have not diminished in spite of these strict measures. We start from the awareness of the above problems and insist on building a new infrastructure to solve the corruption problem in China. In this paper, we analyze the limitations of stricture in the control of corruption problem. Therefore, recognizing that strong punishment is not the only punishment, choosing the root of corruption is not a problem that can be solved in a short time, It is necessary to provide a solution to the problem. As a result of the study, the following conclusions can be obtained. Thoroughbred can break the momentum of explorers, but it can bring about a shimmering effect, but it can not change the soil and environment of corruption that has already been prevalent in society. Therefore, it is necessary to establish a strategy to censor strictly from the punishment to prevent even a small corruption case. We must inspect every single corruption crime to prevent corruption in the first place, and keep this phenomenon in order to create an atmosphere in which society is no longer corrupted.

민간부문 부패의 의의와 법적 과제

이동원 단국대학교법학연구소 2013 법학논총 Vol.37 No.2

Generally, corruption means the public or political one and most statutes and norms of every nation are focusing on those. So it's academically or substantially meaningful to establish the definition of the private sector corruption and the scope of that. It is also needed to find out the exterminatory measures of private sector corruption. In the first part, this article defines the definition of the private sector corruption. It is basically same with the public or political corruption in the aspect of “the abuse of entrusted power for private gain”, but there is a difference that it occurs in private organization(or corporation). In the second part, this article confirms that the scope of the private sector corruption is somewhat different and varies according to the culture of every nation. Nevertheless, judging from the rules and statutes of many countries in operation, it can be classified roughly into two parts-the inner private sector corruption and outer one. The former includes the accounting fraud, bribery and money laundering, and the latter includes the corruption concerning with the public office or officer and the competition among companies. In the third part, the acts and rules on private corruption have something in common in many aspects, even there are some differences according to the culture of each nation. Finally, it is essential to make every effort to exclude exclusionary practices and wrong doings-that is as follows; making the criteria on private sector corruption, establishing the system of protection of whistle blowers, endowing the substantial power to authorities concerned, encouraging the members of society including NGO and NPO, protecting the money laundering, and improving the culture that can protect the corruption in corporations.

프랑스의 부패방지관련 사후적 법조항 및 사전적 예방제도에 대한 연구

윤광재(Yun, Kwang Jai) 한국부패학회 2015 한국부패학회보 Vol.20 No.4

프랑스는 국제투명성기구가 수행하고 있는 부패관련 인식도지수 평가에 있어 순위가 높은 국가에 속하고 있지 않다. 이러한 이유는 순위가 높은 다른 국가에 비해 사회문화적 환경이 상대적으로 부패에 관대하고 특히 정치엘리트를 중심으로 한 부패구조가 은밀하게 구성되어 있기 때문이다. 그럼에도 불구하고 부패현상을 개선하기 위한 방식에는 전통적이자 사후적 방식인 형법전의 처벌과 사전적이면서 예방적 방식인 반부패기관의 설립 및 운영 등이 존재하고 있다. 형법전에는 부패에 대한 범위규정과 소극적 부패와 적극적 부패라는 구분과 함께 처벌조항으로 법정구속과 벌금규정을 두고 있다. 그리고 반부패기관에 의한 부패예방 업무로는 법무부 산하에 부패방지중심국을 두고 운영하고 있다. 부패예방과 관련한 자문, 교육 등의 업무를 수행하고 있으며 국제협력을 중시하여 다양한 국제기관과의 교류를 강화하고 있다. 다시 말해, 유럽연합, OECD, UN 등과 활발한 교류를 수행하고 있다. 그러나 이와 같은 노력에도 불구하고 부패인식지수는 여전히 20위권 초중반에 머무르고 있다. 결국, 이러한 사항을 개선하기 위해서는 장기적인 시각하에서 부패에 대한 사회문화적 인식과 환경을 개선하고 단기적 및 중기적 조치들을 강구해야 한다. 또한, 국가전체의 강력한 의지가 있어야 하고 이와 같은 의지하에서 체계적인 관리가 이루어져야 한다. France is ranked lower in the corruption perception index associated with the evaluation carried out by Transparency International than others higher countries. This is why french socio-cultural environment is relatively tolerant of corruption, especially corruption structure consists mainly political elite in secrete. Nevertheless, France uses an ex post facto way and a prior way such as Criminal code and anti-corruption institution so as to improve the corruption phenomenon. The Criminal code enacts the provisions related to corruption definition, passive and active corruption, and rules of punishments and penalties. And corruption prevention work is due to Central Service for the Prevention of Corruption has been operating under the Department of Justice. It provides anti corruption advice, performs duties such as education, and strengthen exchanges with various international organizations to focus on international cooperation. In other words, the Central Service for the Prevention of Corruption carries out mutual exchange with EU, OECD, UN, etc. However, France’s corruption perception index is still in early and mid of the top 20. After all, in order to improve the awareness of these matters and the socio-cultural environment of corruption, it should take the long term vision including the short and medium term measures. Also, it has a strong commitment of the country as a whole and should make a systematic management under such commitment.

Revising the Corrupt Assets Recovery System to Improve Posteriori Corruption Control

( Sauk-hee Park ),( Kang-joo Cho ) 한국행정연구원 2015 韓國行政硏究 Vol.2015 No.-

In spite of the remarkable economic expansion for the past five decades and the ensuing democratization, corruption is still perceived as a serious social issue in South Korea. In Transparency International`s 2013 CPI (Corruption Perception Index), South Korea ranked 46th out of the 177 countries surveyed. In addition, South Korea`s rank dropped for the past three consecutive years, pushing the country to the 27th place among the 34 member states of OECD. Particularly, the cases of corruption crimes committed by government officials more than doubled from 2002 to 2012 (from 891 to 2,358). On the other hand, a total of 528 corruption cases, including those involving government officials, were reported to the Anti-Corruption and Civil Rights Commission from 2008 to 2013, but only a small number of cases were reported as crimes and a great deal of corrupt assets have not been recovered. The government has enforced a variety of anti-corruption measures including the establishment of the Corruption Prevention Act in 2002. Through these efforts, the government has systemized proactive and preventive anti-corruption policies, such as ones for raising detection rates in the case of a-posteriori corruption control. The inspection and correction steps alone, however, are limited in controlling corruption. Thus, the corrupt assets recovery system should be extended and the punishments consolidated to substantially reinforce a-posteriori corruption control. Nonetheless, the recovery of direct and indirect corrupt assets and profits is still at a very low level. This paper analyzes the real situation with regard to corrupt-activity occurrence, and discusses measures to improve the corrupt assets recovery system and to set up an anti-corruption fund by investigating crime assets recovery systems based on the civil forfeiture and confiscated property funds in other countries.

Institutional Approach to Anti-corruption at Local Level in China

( Bo Wang ),( Jong Youl Lee ) 인천대학교 사회과학연구원 2013 사회과학연구 Vol.4 No.-

Corruption becomes a crucial obstacle in the process of deepening reform in China. The purpose of this study is to suggest some institutional anti-corruption measures to local governments. How to control the local corruption effectively has become a major theoretical and practical issue of anti-corruption work. The anti-corruption in China experienced three stages: campaign against corruption, power against corruption, and institution against corruption. Even though many anti-corruption practices, they finally depends on the institutional innovation of the local governments. In recent years, local governments made great achievements in constructing preventive and punishing anti-corruption measures. The corruption problem of officials in local governments, however, still remained fairly serious. The local governments are the main locus and implementers of the anti-corruption measures in China. The institutional building strategies against corruption in local governments range from system level, mechanism level, technology level, perception level and tool level. All these strategies are reviewed and suggested to be considered for local governments in China.

의료분야 부패의 현황과 부패방지 방안 - 국민권익위원회 자료를 근거로 -

최용전 한국부패방지법학회 2023 부패방지법연구 Vol.6 No.2

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 punishment, acceptance of medical ethics laws to strengthen medical ethics, and expansion of targets for ‘corrupt acts’ in the medical field were proposed. 2023년 5월 SBS 모범택시2 드라마에서는 제약회사 직원을 동원한 대리수술, 음주수술 등 각종 의료사고와 부패행위를 저지른 의료인을 주제로 방영하여 상당한 시청률을 기록하였다. 이런 드라마의 방영과 높은 시청률에서 나타나듯이 국민들은 의료계에서 이러한 부패행위가 빈번히 일어나고 있다는 의심을 가지고 있다. 물론 수시로 보도되는 의료계의 불법행위에 대한 관대한 징계나 처벌도 한 몫을 하고 있다는 것을 부인할 수는 없다. 그러나 대한의사협회의 의견은 이러한 경향과 상반된 반부패적 모습을 보이고 있다. 국민권익위원회는 의사나 의료기관의 진료비 허위·부정청구 등을 부패행위로 간주하고자 하는 의결을 하였다. 대한의사협회는 이러한 국민권익위원회의 의결에 대하여, 국민과 의사, 의료계 종사자 직원과 의사 등 의료현장에 상호불신을 조장한다는 이유로 조직적으로 항의하였으며, 제도 시행을 저지하기 위한 투쟁을 전개하는 등 다소 부패행위에 대하여 관용적인 태도를 취하고 있다. 러한 현실에서 본 연구는 부패행위를 범하는 일부 의료기관이나 의료인 등으로 하여금 더 이상 부패행위를 하지 못하도록 하는 방안을 모색함으로써 정상적인 의료행위를 하는 의료기관과 의료인 등을 보호하기 위한 취지에서 기술되었다. 특히 2003년 신설된 내부공익신고와 2008년에 도입된 포상제도 등을 통하여 수집된 국민권익위원회의 각종 자료를 바탕으로 의료분야의 부패 현황과 부패유형을 분석하고 개선방안을 강구하고자 하였다. 먼저 의료계의 상대적인 부패정도를 파악하기 위하여 부패인식지수 조사결과도 분석하였다. 국민권익위가 2022년 외국인 그리고 국가 및 지방직 공무원을 대상으로 한 부패인식시수조사결과를 발표하였다. 동 발표에 따르면 보건의료 분야는 부패인식지수를 기준으로 측정한 청렴순위가 일반국민에게는 소방분야에 이어서 5.68점으로 2위, 기업인에게는 5.39점으로 1위, 전문가와 공무원에게는 소방분야에 이어 5.42점과 6.99점으로 2위의 수준으로 인식되었다. 그리고 국민권익위원회의 위원회의결 중에서 부패방지 의결정보를 보면, 2023년 4월 18일 현재 1527건이 공지되어 있다. 의결사항 중에서 약사법과 관련된 사건을 모아보면, 약 16건 정도를 찾아볼 수 있으며, 의료기관과 관련된 부패행위 건수는 약 74건 정도 검색된다. 이처럼 의료분야는 부패정도가 심각한 수준은 아니지만, 국민의 건강과 삶의 질에서 차지하는 비중이 큰 점과 의료계의 사회 지도적 위치를 고려한다면, 결코 가볍게 여길 수 없으며, 다소 미흡하다는 것을 인지할 수 있다. 실제로 국민권익위의 자료에 따르면, 첫째 약사법 위반의 사례들은 보면, 다양하지는 않다. 대체로 보험급여비용의 과다청구, 무자격자 고용, 자격증 대여 또는 제약사 등과의 리베이트 수수 등이다. 둘째로 의료관련 부패행위들은 약사법의 사례에 비하여 상당히 다양한 형태를 띄고 있으며, 사례의 건수도 많다. 의료계의 부패행위 중에서 보험급여비용 부정청구가 기징 많으며, 부정청구의 방법도 각양각색이다. 그 외에 의료인이 직접 부패행위를 자행하거나 의료인이 의료기관의 직원을 동원하여 행하거나, 의료기관의 직원이 스스로 부패행위를 자행하기도 하였다. 그리고 의료계의 부패행위의 형태를 구체적으로 보면, 의사면허 대여, 무자격자 대리 의료행위, 입찰 비리, 채용 비리, 뇌물수수, 리베이트...