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미국 부정청구법제 연구

원문정보

A Study on the False Claims Act in U.S.

박민영, 박세훈

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초록

영어

Legal claims against the government a false negative or other illegal ways that harm the interests against him lieutenant general signed by this country on its own or jointly with the Minister of Justice, cattle raising, and refund a portion of the prize, if the prevailing is a paid program. The False Claisms Act in the United States by the Qui Tam Action budgets from 1987 to 2005 nearly $ 17 billion million. In addition, effective for the prevention of illegal budgets can expect even greater effect so I will not be visible. Negatively charged over the 1986 legislative amendments have been revised since the 2009 and 2010. A powerful means of negatively charged with respect to the point once again confirmed.

The False Claims Act filed by the laws called Qui tam Action. Qui tam Action to the federal government committed fraudulent acts by a person with evidence of fraud on behalf of the federal government to file a lawsuit against the actor is the system supposed to be able to claim. These regulations citizens "private attorney general (private attorneys general)" means the act has to Qui tam Aciton filed by the fact that within the public if informers often because "Whistleblower lawsuit (whistleblower lawsuit)" are also referred to as Qui tam Action examples of the types of conduct that are the subject of unfair billing cases (mischarging case), false contracts (false negotiation) or unfair pricing, (defective pricing), proof of fraud (false certification) include:
Now established as a requirement of a negatively charged, such as monetary claim must exist, such as billing fraud or false claims of negligence, are provisions that must be. In addition, the court denied that claim proved to be channeled to specific needs are.
The False Claims Act in the country against the government for fraud or false claims by means of a strong response is needed full discussion.

목차

Ⅰ. 문제제기
 Ⅱ. 미국 부정청구법제
  1. 부정청구 법제의 발전
  2. 부정청구법제 의의
  3. 부정청구의 성립요건
 Ⅲ. Qui Tam 소송
  1. Qui Tam 소송의 의의
  2. Qui Tam Action의 적용대상
  3. Qui Tam 소송의 절차
  4. Qui Tam 소송의 종류
  5. 원고적격과 피고적격
 Ⅳ. 국내 논의 쟁점
  1. 논의 경과
  2. 국민소송 도입 쟁점
  3. 부정청구법제의 평가
 Ⅴ. 결론
 [참고문헌]
 

저자정보

  • 박민영 Park, Min young. 동국대학교 법과대학 교수
  • 박세훈 Park, Se Hun. 동국대학교 일반대학원 법학과 박사과정(공법 전공)

참고문헌

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