KOREA | ACRC welcomes Improper Solicitation and Graft Act

In Korea, Improper Solicitation and Graft Act took effect in September 2016 with an aim to eradicate corruptions that violate people's right. The Act has gained a great support from the public.

The ACRC has promoted the enactment of the Act for the following reasons. First reason is to eradicate improper solicitations that undermine the fair performance of public officials’ duties. The other reason is to punish public officials who offer or accept graft regardless of whether such an offer is given in connection with their official duties or in exchange for any favors.

According to the Act, public officials will be punished by imprisonment or a fine if they receive money or other valuables in excess of one thousand dollar. In this case, it does not matter whether the acceptance of benefits is related to their official duties, or whether the benefits are given for any favors. Those who accepted money or other valuables not exceeding one thousand dollar are liable to a fine of 2 to 5 times the amount received, if the bribes are related to their job. Public officials are also liable to punishment if their spouse receives bribes.

The Act also prohibits improper solicitations made directly or through a third party to public officials. While those who make improper solicitations to public officials will face a fine for negligence, public officials who perform their duties under the improper solicitations will be punished by imprisonment for not more than two years or by a fine not exceeding 20 thousand dollar.

The ACRC expects that the Act will contribute to enhancing Korea’s national integrity and preventing violation of people’s rights and interests by reducing the practices of improper solicitations and bribery, promoting the fair performance of public officials’ duties, and restoring public confidence in public institutions.

 

Source: Anti-Corruption & Civil Rights Commission (ACRC), Korea

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