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A Study on the Public Interest and Socially Weak Protection — Focus on the FCA in U.S. —

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2016, 4(1), pp.7-32
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

Park Sehun 1

1한국법제연구원

Candidate

ABSTRACT

The preparation of devices for social security is closely connected with the expansion of 'social capital,' which is highlighted today as a new growth engine for national development in the international society. Social capital can serve as a platform for promoting sustainable development and creating a new growth engine, only when it is built up on the basis of transparency, confidence, and fairness throughout our society, including private enterprises. That is why we must be faithful to public interest and need to take resolute countermeasures against acts that violate public interest. After all, it is linked to fundamental rights of all citizens. Under the main premise of public interest that practical benefits from regulation for protecting public interest and those from the protection of the socially weak are mutually complementary in their nature, protecting public interest seems to be significantly complementary to the protection of the socially weak under the statutes generally and currently applied. This study has a significance in that it marks the start of research on the correlation between public interest and the protection of the socially weak, since there has been no discussion on such correlation. The socially weak appears in various specific forms, such as people socially disadvantaged in the use of facilities, those socially disadvantaged in the use of financial services, those socially disadvantaged in the use of space, and non-regular workers socially disadvantaged in employment. The protection of the socially weak, which has diverse meanings in this regard, will eventually have an orientation towards the protection of public interest and the promotion of practical benefits. The False Claims Act (FCA) of the United States of America is evaluated as a product of efforts made by the government and the private sector to keep national funds appropriated for public interest from malicious claims.

Citation status

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