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Press Release
The Improper Solicitation and Graft Act
- Date2015-06-30
- Hit2,596
The Improper Solicitation and Graft Act was passed by the National Assembly on March 3, one year and seven months after it was submitted.
Unfair and improper influence peddling and solicitations based on family ties and regional or academic relationships have been the main causes of corruption in Korean society. However, the system to regulate those factors has been insufficient. Also, it was hard to punish public officials who accepted bribes under the Criminal Act if such an offer was not proven to be given in exchange of any favors, leaving a blind spot in regulating corrupt practices.
As a result, the ACRC has promoted the enactment of the Act in order to eradicate improper solicitations that undermine the fair performance of public officials' duties and to punish public officials who offer or accept money, gifts or other items of value regardless of whether such an offer is given in connection with their official duties or in exchange for any favors. The Act will be enforced in September 2016, one year and six months after its promulgation.
According to the Act, public officials will be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won if they receive money, gifts or other items in excess of one million won at a time or three million won in a fiscal year from the same person. In this case, it does not matter whether the offer is related to their official duties, or whether the benefits are given for any favors.
If public officials accept money or gifts not exceeding one million won in relation to their duties, they will be subject to a fine for negligence twice to five times the benefits they received.
The same level of punishment will be imposed on those who provide or promise to provide money, gifts or other items to public officials or their spouses.
The Act prohibits improper solicitations made directly or through a third party by stipulating 15 types of such acts that hinder the fair performance of public officials' duties.
While those who make improper solicitations to public officials will face a fine for negligence, public officials who perform their duties in accordance with the improper solicitations they received will be punished by imprisonment for not more than two years or by a fine not exceeding 20 million won.
Anyone who is aware that a violation of this Act has taken place may report it to the public institution where the violation of the Act occurs or its supervisory agency, the Board of Audit and Inspection, an investigative agency, or the Anti-Corruption and Civil Rights Commission (ACRC). The Act also has put in place protective measures for whistleblowers such as prohibition of disadvantageous measures against whistleblowers, protection of confidentiality, and mitigation of culpability.
The ACRC expects that the Act will contribute to enhancing Korea's national integrity by reducing the practices of improper solicitations and bribery, promoting the fair performance of public officials' duties, and restoring public confidence in public institutions.
The ACRC plans to take follow-up measures such as addressing the concerns raised during the enactment of the Act in the process of drawing up the enforcement decree, and holding briefing sessions by region.
Unfair and improper influence peddling and solicitations based on family ties and regional or academic relationships have been the main causes of corruption in Korean society. However, the system to regulate those factors has been insufficient. Also, it was hard to punish public officials who accepted bribes under the Criminal Act if such an offer was not proven to be given in exchange of any favors, leaving a blind spot in regulating corrupt practices.
As a result, the ACRC has promoted the enactment of the Act in order to eradicate improper solicitations that undermine the fair performance of public officials' duties and to punish public officials who offer or accept money, gifts or other items of value regardless of whether such an offer is given in connection with their official duties or in exchange for any favors. The Act will be enforced in September 2016, one year and six months after its promulgation.
According to the Act, public officials will be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won if they receive money, gifts or other items in excess of one million won at a time or three million won in a fiscal year from the same person. In this case, it does not matter whether the offer is related to their official duties, or whether the benefits are given for any favors.
If public officials accept money or gifts not exceeding one million won in relation to their duties, they will be subject to a fine for negligence twice to five times the benefits they received.
The same level of punishment will be imposed on those who provide or promise to provide money, gifts or other items to public officials or their spouses.
The Act prohibits improper solicitations made directly or through a third party by stipulating 15 types of such acts that hinder the fair performance of public officials' duties.
While those who make improper solicitations to public officials will face a fine for negligence, public officials who perform their duties in accordance with the improper solicitations they received will be punished by imprisonment for not more than two years or by a fine not exceeding 20 million won.
Anyone who is aware that a violation of this Act has taken place may report it to the public institution where the violation of the Act occurs or its supervisory agency, the Board of Audit and Inspection, an investigative agency, or the Anti-Corruption and Civil Rights Commission (ACRC). The Act also has put in place protective measures for whistleblowers such as prohibition of disadvantageous measures against whistleblowers, protection of confidentiality, and mitigation of culpability.
The ACRC expects that the Act will contribute to enhancing Korea's national integrity by reducing the practices of improper solicitations and bribery, promoting the fair performance of public officials' duties, and restoring public confidence in public institutions.
The ACRC plans to take follow-up measures such as addressing the concerns raised during the enactment of the Act in the process of drawing up the enforcement decree, and holding briefing sessions by region.
