Local elected officials and conflict of interest: Focusing on French judgements and implications of the 2022 revised law

The issue of conflict between transparency and fairness and administrative efficiency and expertise has been also continuously raised in France. As part of an important recent reform, on the recommendation of the French High Commission for Public Transparency, the scope of Article 432-12 of Criminal law on obtaining illicit profits has been extended. The scope of the crime of obtaining benefits due to conflict of interest was confretely defined. In adition, through the adoption of the “3DS Act” in February 2022, standards for the discipline of conflict of interest situations were introduced. Before 3DS Act, many elected officials excluded themselves from such work due to the concerns that the legal framework would put them in a dangerous situation where they would be mistaken for corruption when performing official duties in external organizations. The law confirms the reform's commitment to address the situation of local elected officials on transparency issues related to the modification of the crime of obtaining unlawful gains as defined in the law of December 22, 2021. One of the most important backgrounds for the enactment of Korean Conflict of Interest Prevention Act was the need to effectively manage conflicts of interest, especially for elected officials. There has been continued criticism of the need for effective sanctions against corruption activities by mmber of the Ntional Assembly and heads of local governments, in particular, compliance with the principles of disclosure and transparency regarding secretive local administration that receives less media attention and coverage over a relatively wide. Cases such as when the head of a public institution orders a construction project to his spouse, or when a high-ranking public official instructs the public institution to which he or she belongs to provide preferential treatment for his children, does not result in the direct benefit of the public official, but it does not accrue to his or her relatives or society. This is something that can definitely be influenced by indirect influence in relationships. In particular, in the case of elected officials, it is easy to be tempted to defend the interests of an organization or group in order to receive votes for re-election after their term of office. A comparative legal review of the French system provides useful implications for improving this legal system.