BackIn his opening speech, Chairman introduced the purpose and the main content of the recently-enacted Act on theProhibition of Improper Solicitations and the Offer and Acceptance of Money, Gifts, etc. along with the changes that it will bring about in Korean society.
He made an opening speech at the special request of the Secretary General Angel Gurria of the OECD to explain the Act enacted in this March to the members of the OECD. The participants of the forum demonstrated great interest in his speech.
The ACRC has promoted the enactment of the Act in order to prevent improper solicitations that hinder fair performance of public officials’ duties and to impose punishment for public officials’ acceptance of money, gifts, etc. whether the offer is related to their official duties, regardless of whether such offer is given in exchange of any favors.
The National Assembly of the Republic of Korea passed the Act on March 3, 2015, a year and seven months after it was submitted to the National Assembly in August 2013. The Act will enter into force starting from September next year, a year and six months after it was proclaimed.
The Act stipulates 15 types of improper solicitations that hinder fair performance of public officials’ duties. Fine for negligence will be imposed to those who make improper solicitations to public officials. In the meantime, public officials who fulfill their duties at the request of improper solicitations will be subject to criminal punishment.
Criminal punishment will be imposed to public officials if they receive money, gifts, etc. in excess of one million won (around one thousand dollars) at a time or three million won (around three thousand dollars) in a fiscal year from a same person, whether the offer is related to their official duties, regardless of whether such offer is given in exchange of any favors.
Background
In Korea, sufficient legal tools were not in place to control the main causes of corruption, namely unfair and unjust influence peddling and solicitations caused by nepotism as in the case of relationships based on family members, regions, or academic backgrounds. Limitations existed in regulating corrupt acts as it was hard to punish public officials even though they received money, gifts, etc. if the offer was not proven to be given in exchange of any favors under the Criminal Act stipulating the bribery.
Case in point: A female prosecutor received a Mercedes-Benz car and a Chanel bag after soliciting a case of a lawyer she had an affair with from a prosecutor who was one of her colleagues. However, the female prosecutor was sentenced of being not guilty. The rationale was that the offer was not given in exchange of any favors because there was a gap between the time the female prosecutor received valuables and the time she made a solicitation to the other prosecutor. The ruling created a stir among people and became the starting point of enacting the Act on the Prohibition of Improper Solicitations and the Offer and Acceptance of Money, Gifts, etc.
Source: Anti-Corruption and Civil Rights Commission, Korea
