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