The Criminal Law Amendment, which will prohibit a third party from receiving financial or other advantages, was passed by the National Assembly on May 19, 2016. Under the amended law, a public official or relevant person who helps a third person to receive financial or other advantages in return for an improper solicitation, will also be subject to criminal punishment and confiscation of his or her property.

With regard to bribery, the current Criminal Law stipulates that giving bribes to a third person is subject to punishment. However, having a third person, not a public official or relevant person, receive financial or other advantages in return for an improper solicitation had not been subject to punishment.

As the private sector plays an increasing role in the national economy, the negative impact of private-to-private corruption on society has also increased. Against this backdrop, some have argued that having a third person receive financial or other advantages must be subject to punishment just like bribery.

The recent amendment is a recommendation of the United Nations Convention against Corruption (UNCAC), ratified by Korea in 2008. With regard to private-to-private corruption, UNCAC requires the authorities to consider legislation which penalizes a public official or relevant person having a third person receive improper benefits in breach of his or her duties.

Accordingly, the Ministry of Justice submitted the Criminal Law Amendment to the National Assembly on November 5, 2015. Passing the National Assembly, the Amendment is likely to contribute to eradicating corruption and thereby realizing the rule of law going forward.