Improper Solicitation and Graft Act

Improper Solicitation and Graft Act
point1 point2 main2 main1 back1 back2 Turning point to a transparent nation Improper Solicitation and Graft Act

CONTENTS Improper Solicitation and Graft Act Purpose & Scope
point1 point2 main2 main1 back1 back2 Turning point to a transparent nation Improper Solicitation and Graft Act CONTENTS Purpose & Scope Prohibition of Improper Solicitation Prohibition of Graft Response to Violation Case study and Judicial Precedent Closing

I Purpose & Scope

of Improper Solicitation
I. Purpose and Scope Purpose Public officials, etc. Prohibition of Graft Prohibition of Improper Solicitation

Public officials, etc. Spouses of public officials, etc.
I. Purpose and Scope Scope | Public officials, etc., spouses of public officials, private persons performing public duties Public officials, etc. Public officials, Persons recognized as public officials Heads and employees of public service related organizations and public organizations Heads and staff of media companies Heads and faculty members of schools of each level and education foundations Spouses of public officials, etc. Private persons performing public duties

Administrative Agency Public service -related agency
I. Purpose and Scope I. 입법목적 및 적용대상 Scope | Public officials, etc., spouses of public officials, private person performing public duties Who is Subject to the Improper Solicitation & Graft Act? Q Public organizations Subject to the Act Not subject to the Act Administrative Agency Public service -related agency Media company Schools Public officials in a fixed term position Persons recognized as public officials such as public health doctors and registered security guards Temporary workers Open-ended contract workers Non-regular workers such as temporary workers or open-ended contract workers Contract company workers Part-time workers including intern journalists Subcontracted program production companies * 애니메이션 효과가 일부 안 들어가 있습니다. (표 좌측 하단) 효과 넣어주세요~ Director or coach of sport teams Faculty members such as President, dean, or professors Temporary teachers, kindergarten teachers After –school teachers Adjunct professors, or honorary professors

I. Purpose and Scope Scope of Applications | Who is a private person performing public duties? A member, who is not a public official, of any committee established under the Act City Planning Committee Commissioner, Building Committee Commissioner A person delegated or entrusted by a public institution under Acts Korea Association of Property Appraisers, Korea Housing Association A person conducting deliberation or assessment in relation to public duties Deliberation on architectural scenery, medical institution assessing industrial accident compensation insurance An individual dispatched from the private sector to a public institution Private association‘s employee dispatched to government agencies

Prohibition of Improper Solicitation
II Prohibition of Improper Solicitation *국민권익위원회 로고 크기를 키웠습니다.

What Does Improper Solicitation Mean?
II. Prohibition of Improper Solicitation What Does Improper Solicitation Mean? An act of soliciting, directly or through a third party, public officials performing duties to handle 14 duties listed in the Act in violation of Acts Public official in charge Head of Bureau division Head of an agency Superior with a command / supervisory authority Officer in charge Senior officer who has an authority to give approvals Public officials performing duties Improperly solicit Improperly solicit Anyone A third party *

Fourteen Prohibited Improper Solicitations
II. Prohibition of Improper Solicitation Fourteen Prohibited Improper Solicitations 1 Handling of authorization, permission , etc. 3 Intervening in personnel management such as appointment or promotion 5 Intervening in selecting /rejecting winners of award or prize granted by public institutions 7 Intervening in selecting contract winners, etc. 9 Using, benefiting from, possessing goods & services produced or provided by public institutions 11 Handling matters related to military service including physical examination for conscripts 13 Manipulating the outcome of administrative guidance, control, or ignoring discovered violations 2 Mitigating administrative disposition or punishments 4 Interfering with selection or rejection of a person for a position and intervening in the decision making of a public agency 6 Disclosing duty-related confidential information on tender, auction, etc. 8 Intervening in assignment or provision of subsidies 10 Handling or manipulating admission or grades at schools 12 Intervening in assessments and judgments performed by public institutions 14 Intervening in investigation, judgment, etc. of a case * 박스들 크기를 동일하게 해주세요. 글씨가 다 안 들어가는 부분은 글씨 간격을 좁히거나 글씨 크기를 좀 줄일 수 밖에 없을 것 같아요.

Improper Solicitation in Relation to Personnel Affairs
II. 오해와 진실 II. 부정청탁의 금지 II. Prohibition of Improper Solicitation II. 부정청탁의 금지 II. 부정청탁의 금지 II. 부정청탁의 금지 인사청탁 음주운전 묵인 청탁 부정청탁 관련 사례 부정청탁 관련 사례 부정청탁 관련 사례 Improper Solicitation in Relation to Personnel Affairs 1. Central government public official Please employ my son 2. Get my friend’ son to be employed High ranking official of government affiliated agency Administrative fine of 30 million or less Administrative fine of W30 million or less 3. Director of HR division of the government affiliated agency We cannot because of the Improper Solicitation and Graft Act No punishment

Improper Solicitation in Relation to Subsidies
point1 point2 main2 main1 back1 back2 II. 오해와 진실 II. 부정청탁의 금지 II. 부정청탁의 금지 II. 부정청탁의 금지 II. Prohibition of Improper Solicitation II. 부정청탁의 금지 음주운전 묵인 청탁 인사청탁 부정청탁 관련 사례 부정청탁 관련 사례 부정청탁 관련 사례 Improper Solicitation in Relation to Subsidies 4. Public official in charge D 3. Head of division C Please have A receive subsidies 2. Local councilman B A is having a difficult time, so please help him receive government subsidies 1. Child care center owner A We are having a difficult time. Please help me receive government subsidies. He is not qualified for the subsidies but I will take care to have him receive the subsidies Imprisonment of two years or less Administrative fine of W20million or less Administrative fine of W30mililon or less 1천만원 이하 과태료 Administrative fine of W 10 million or less Imprisonment of two years or less Administrative fine of W20million or less

administrative fine of W10million
II. 부정청탁의 금지 부정청탁 관련 사례 II. 오해와 진실 인사청탁 음주운전 묵인 청탁 Solicitation to Overlook Violation (Suwon District Court) II. Prohibition of Improper Solicitation 1. Fire-fighting system installation business A A violated the Fire-Fighting System Installation Business Act 2. Overlook Company A’s violation Head of fire-fighting office B administrative fine of W10million 3. Fire-fight officer in charge C No I cannot

Seven Exceptions to Prohibited Improper Solicitation
II. Prohibition of Improper Solicitation Seven Exceptions to Prohibited Improper Solicitation Requesting certain actions in accordance with Acts and standards 1 2 Elected public officials conveying a third party’s complaints for the public interest 3 Requesting completion of public duties within a statutory deadline 4 Requesting or demanding confirmation or certification of a duty or juristic relations 5 Requesting explanation or interpretation of regulations or Acts through inquiry or consultation 6 Other acts not recognized as defying social rules 7 Publicly requesting certain actions

Exceptions [Article 5 (2) 2 ,3]
II. Prohibition of Improper Solicitation Exceptions [Article 5 (2) 2 ,3] Publicly requesting certain actions Elected public officials conveying a third party’s grievances for the public interest Through picketing in the public space Through a media outlet such as TV or newspaper Through an official document National Assembly members, being public officials, are subject to the Act If they deliver a third party’s grievances for the public interest, this includes exceptions to the prohibited solicitations

III Prohibition of Graft

Yes No Criminal Punishment Administrative Fine Not subject to
III. Prohibition of Graft Prohibited Money, Goods, Etc. Duty-relatedness Yes No Criminal Punishment More than 1 Million Less than Administrative Fine Not subject to punishment

Eight Exceptions to Prohibited Grafts
III. Prohibition of Graft Eight Exceptions to Prohibited Grafts 1 Money, goods, etc. offered by public institutions or senior public officials Money, goods, etc. offered from a legitimate source of right 3 Money, goods, etc. offered in accordance with the rules of employee’s mutual aid societies or social organizations or by those with close relationship 5 Souvenirs, promotional goods, etc. distributed in a contest, or a lottery 7 2 Foods, gifts and congratulatory or condolence money offered for facilitating public duties, social relationships, rituals or aids Money, goods, etc. provided by relatives 4 Transportation, accommodations or foods provided uniformly in a normally accepted at an official event 6 Money, goods, etc. permitted by other Acts, subordinate statutes, standards, or societal rules and norms 8

Exceptions to Prohibited Grafts [Article 8 (3) 1]
III. Prohibition of Graft Exceptions to Prohibited Grafts [Article 8 (3) 1] Money, goods, etc. that a public institution offers to its public servants, etc. or a senior public servant, etc. offers to subordinate public servants for purposes of consolation, encouragement, and reward Meals that a public institution provides to its non-standing commissioner after board of directors’ meeting are allowed Flowers and congratulatory or condolence money provided by the head of an agency to his/her employees are allowed

assistance to festivities and funerals
point1 point2 main2 main1 back1 back2 III. Prohibition of Graft Exceptions to Grafts [Article 8 (3) 2] Food, gifts, and congratulation/condolence money offered for facilitation of public duties, social relationship, rituals or assistance to festivities and funerals Purpose To facilitate performance of duties, social relationship, ritual, or aid Ceiling W30,000 for food W50,000 for gift, W100,000 for congratulatory/condolence money

Q Food Gift What are Food, Gifts and Congratulation/Condolences Money?
main1 III. 금품등의 수수 금지 III. Prohibition of Graft main2 What are Food, Gifts and Congratulation/Condolences Money? Q point1 point2 back1 back2 Food Meals, snacks, alcohol, and drinks, etc. that the provider and a public official share Gift Goods excluding money or food, such as gift cards and securities Congratulatory /Condolence money This applies only to weddings and funerals All kinds of money gifts, including congratulatory or condolence money, gifts of flowers provided instead of the money gift

Exceptions to Grafts [Article 8 (3) 3, 4]
III. Prohibition of Graft Exceptions to Grafts [Article 8 (3) 3, 4] Money, goods, etc. offered from a legitimate source of right Money , goods, etc. offered by relatives of public officials Purpose and reason of the offer Content of duty and relation between the giver and receiver Whether it is within the accepted range by related laws and standards  (ex) consultancy fees for written advice Blood relatives within the eighth degree of relationship Affinity relatives within the fourth degree of relationship Spouses  legal spouse: O, de facto spouse: X

Exceptions to Grafts [Article 8 (3) 5]
III. Prohibition of Graft Exceptions to Grafts [Article 8 (3) 5] Money, goods, etc. offered by employee’s mutual aid societies or social organizations according to internal rules to a public official in need of help due to a disease or disaster To be recognized as a “social organization”: ① The organization’s existence should not be affected by change of members ② A decision-making body and its representative should exist ③ Internal regulation including by-laws or rules should exist ④ Membership fees should be paid by all members Congratulatory & condolence money provided to members according to rules : allowed Parting gifts paid by membership fees to a retiring non-member public official : prohibited

Exceptions to grafts [Article 8 (3) 6]
III. Prohibition of Graft Exceptions to grafts [Article 8 (3) 6] Transportation, accommodations or food provided uniformly in a normally accepted range at an official event “Official event”: Program should meet the purpose of the event; the event should be open to the public; official invitation should be made “Normally accepted range”: Financial benefits should be equivalent to those provided at a similar event; expenses should be covered in a normal way “Uniformly”: Benefits can be provided differently based on the participant’s role in the event; Offering benefits only to certain individuals or groups is not allowed

Souvenirs, promotional goods, etc by a contest, or a lottery
III. Prohibition of Graft Exceptions to grafts [Article 8 (3) 7] Souvenirs, promotional goods, etc by a contest, or a lottery Ground for judgment : Organization's name or logo on the product; the purpose, value and the number of units of production (Judicial Precedents) Towels with company logo embroidered (2,500won) are souvenirs or promotional goods

A financial or other advantage permitted by other Acts or standards
III. Prohibition of Graft Exceptions to grafts [Article 8 (3) 8] A financial or other advantage permitted by other Acts or standards Act on Collection and Use of Donations : Voluntary donations that passed through deliberation by the Deliberative Committee on Donations Act on the Establishment of the Korea Scholarship Foundation : Collection and receipt of donations by Korea Scholarship Foundation Culture and Arts Promotion Act : Collection and receipt of donations by Arts Council Korea School regulations and their provisions under Higher Education Act (Ex) Scholarship offered to a public official according to postgraduate scholarship regulations

Financial or other advantages permitted by social norms
III. Prohibition of Graft Exceptions to Grafts [Article 8 (3) 8] Financial or other advantages permitted by social norms “Social norms” : Customary practice is not enough. It should be an act deemed acceptable in the light of the entire notion of legal order and/or social ethics Ground for judgment : relationships between the related parties, content of duty-relatedness, types and value of the received benefits, time and place of receipt, details and the purport of receipt  Food offered to all guests at a wedding  A press concert tickets provided to journalists  Free admission for teachers guiding student groups

Performance production company in charge of the concert
point1 point2 main2 main1 back1 back2 III. Prohibition of Graft Joint Penal Provisions CEO A Performance production company Public servants B, C in charge of the concert Offered a meal of W 50,000 each Administrative fine of W100,000 each Administrative fine of W200,000 Administrative fine of W200,000 If the employer “paid due attention to and supervised “ its employees to prevent such violation, the employer will not be punished.

point1 point2 main2 main1 back1 back2 III. 금품등의 수수 금지 III. Prohibition of Graft 양벌규정 (Reference) Grounds for Exceptions to Punishment against an Employer under US Anti-Corruption Act Make a pledge of not tolerating corrupt acts and establish policies against corruption Designate anti-corruption officers within organization Develop a clear and detailed code of ethics and distribute it to the entire employees Provide a regular employee training program Build a procedure and system for whistle blowing Establish an appropriate and clear disciplinary procedure on those committing corrupt practices

Reporting outside lecture
III. Prohibition of Graft Prior Report on Outside Lectures Outside lecture, etc. Reporting outside lecture Related to public official’s duties Outside lectures with no honoraria should be reported Report should be made in advance At a training course, promotional event, forum, seminar, public hearing If prior report is impossible, report should be made within 2 days * 우측 박스 안에 하얀 박스들 높이를 맞춰주세요. Lecture requested by state or local governments do not need to be reported Lecture, presentation, contribution

Q Scope of Prohibited Outside Lectures
III. 금품등의 수수 금지 III. Prohibition of Graft Scope of Prohibited Outside Lectures Q Doing concert, performance, and exhibition at concert or exhibition events Making an examination as an examiner Giving advice or doing contracted project not in the form of a meeting Attending a meeting as a committee member in pursuant to Acts and regulations Lecturing at a school as a concurrent job after getting agency head’s prior approval

Ceiling of Honoraria for Outside Lectures
III. Prohibition of Graft Ceiling of Honoraria for Outside Lectures Private Schools, media company Minister or higher level public officials Vice-Minister level public officials, Heads of public service related institutions Public officials of Grade 4 or higher, executive officers of public service- related institutions Public officials Of grade 5 or lower, employees of public service related Institutions Maximum honoraria for one- hour lecture W 1 million W 500,000 W 400,000 W 300,000 W 200,000 amount of total No limit W 750,000 W 600,000 W 450,000 ※ Maximum amount for one - hour lecture *150 % *맨 윗줄 구분 부분에도 칸 별로 구분선이 있도록 해주세요

Grounds for Judgment on Outside Lecture at a Time
point1 point2 main2 main1 back1 back2 III. Prohibition of Graft Grounds for Judgment on Outside Lecture at a Time Payer Dates Audience Contents (topic) Acceptance of honoraria Same Different No matter Different Different Different Different One can receive an honoraria for each of lectures delivered, unless the honoraria provider, date, audience and content of the lectures delivered are all same

Acts of Violating the Act
IV How to Respond to Acts of Violating the Act

How Should Public Officials Respond to Acts of Violation?
IV. Respond to Violations How Should Public Officials Respond to Acts of Violation? If pubic officials received improper solicitation, If public officials received grafts, If public officials received honoraria exceeding limits, They should clearly express their intention of rejection They should reject and return the grafts without delay They should reject and return the excess amount without delay If receiving the same improper solicitation again, they should report in writing to the head of their organization They should swiftly report in writing to the head of their agency They should report in writing to the agency head within 2 days

Public institution in question Board of Audit and Inspection
point1 point2 main2 main1 back1 back2 IV. Respond to Violations How to Report Violation of the Act? Anyone Report in writing Reporting agencies Reporter’s personal information 2. Violator’s personal 4. Date, place and details of violation 5. Evidential materials 3. Reason and purport of reporting ACRC Public institution in question Board of Audit and Inspection Investigation agency Supervisory agency * 글씨 크기 키워주세요

Confidentiality is guaranteed Disadvantageous measures are banned
IV. Respond to Violations Protection for Reporters Confidentiality is guaranteed Disadvantageous measures are banned Liability is remitted Disclosing reporter’s identity is banned Violation will lead to criminal punishment Dismissal, transfer, or reduction of salary is banned Violation will lead to criminal punishment Reporters are exempted from work confidentiality obligation The reported cannot claim compensations against the reporter Criminal punishment, administrative fines, and disciplinary measures will be remitted

Rewards and Awards to Reporters
IV. Respond to Violations Rewards and Awards to Reporters Rewards Awards If a report directly increases revenue or reduces cost of a public institution If a report brings significant financial benefits or prevents financial damages to a public institution, or enhances the public interest 4~30% of the benefit incurred, up to 3 billion won Maximum of 2 billion won * 양쪽 박스 칸 높이를 같게 맞춰주세요

Cases & Judicial Precedents
point1 point2 main2 main1 back1 back2 V Cases & Judicial Precedents

Case 1 : Money, Goods, etc. to Private Persons
point1 point2 main2 main1 back1 back2 V. Cases & Judicial Precedents Case 1 : Money, Goods, etc. to Private Persons 200,000 won of Congratulatory/ condolence money Employee of a private company 100,000 won of Gifts Retired public official Friend Public Private persons, who are not public officials, etc, are not subject to the Act Gifts offered between private persons or to a private person by a public official is not prohibited

Pay medical checkup fees
point1 point2 main2 main1 back1 back2 V. Cases & Judicial Precedents Case 2 : Money, Goods, etc. to Spouses of Public Officials, etc. Pay medical checkup fees Spouse Company Employee Public official or etc. Spouses of public officials, etc. are prohibited from receiving money, goods, etc. related to the public official’s duty This does not apply when: There is no duty-relatedness between the company and the public official; The benefits are provided as welfare benefits to all employees according to company’s internal rule If a public official knew that his/her spouse received money, goods, etc. in connection with his/her public duties but did not report the fact, he/she will be subject to punishment (his/her spouse will not be punished)

Head of the organization(President)
point1 point2 main2 main1 back1 back2 V. Cases & Judicial Precedents Case 3 : Scope of Private Persons Performing Public Duties Legal person or organization Head of the organization(President) Authority entrusted according to the Infant Care Act Teacher Public child-care center A legal person, an organization, or an individual who has an authority delegated or entrusted by a public institution under statues Such legal person or organization or its head is a person performing public duties An individual belonging to the legal person or organization is not a person performing public duties

Case 4 : Gifts Provided not for Facilitation of Performance of
point1 point2 main2 main1 back1 back2 V. Cases & Judicial Precedents Case 4 : Gifts Provided not for Facilitation of Performance of Duties, Social Relationship or Rituals Providing a gift of less than W50,000 is prohibited if the intent is not to facilitate performance of duties, or for social relationship or rituals Grounds for judgment : Whether the parties formed relationship while performing duties, details of the duties, details of their relationship A person under investigation gave the public official in charge 9,600won worth of snacks  An administrative fine of W20,000 was imposed An official of the organization against which an administrative appeal was filed gave a box of drinks of 10,800 won to the official in charge of administrative appeals affairs  An administrative fine of W22,000 was imposed A plaintiff gave a box of rice cake of W45,000 to the police officer in charge  An administrative fine of W90,000 was imposed

Case 5 : Meal Shared with Duty-related Public Officials
point1 point2 main2 main1 back1 back2 V. Cases & Judicial Precedents Case 5 : Meal Shared with Duty-related Public Officials Food less than W30,000 provided for facilitation of performance of duty, social relationship, or ritual refers to a meal shared by the payer and public officials, etc. A court lawyer paid W28,000 for a meal that a court judge and his family had, without telling the judge  The meal, which the lawyer did not share, is not deemed as allowed food under the Act. The lawyer faced an administrative fine of W 112,000 * 빨간 화살표 아랫줄 시작줄을 맞춰주세요 W50,000 dining gift card  Giving a dining gift card of less than W50,000 is allowed, unless the intention is circumventing the W30,000 limit for food

Retiring direct superior for a gift of W1milion golden key
point1 point2 main2 main1 back1 back2 V. Cases & Judicial Precedents Case 6 : Gift to a Retiring Public Official (parting gift) Employees of public institution Retiring direct superior 20 employees paid W 50,000 each for a gift of W1milion golden key Each employee is deemed to have provided a W1million gift If more than one person split the cost of a gift, not only the gift receiver but also each of the providers is punished based on the total value of the gift Article 30(Co-principals) of the Criminal Act, Article 12(Joint Violation of Public Order) of the Act on the Regulation of Violations of Public Order

Case 7 : Congratulatory/ Condolence Money to Duty-related
point1 point2 main2 main1 back1 back2 V. Cases & Judicial Precedents Case 7 : Congratulatory/ Condolence Money to Duty-related Public Officials Scope of congratulatory / condolence event : wedding and funeral Wedding of oneself or one’s lineal ascendant Funeral of one’s spouse, or lineal ascendant of oneself or one’s spouse W100,000 orchid gift was given to a duty-related public official to congratulate his promotion Since promotion is not congratulation/condolence event under the Act, a gift over W50,000 is prohibited A public official gave W100,000 condolence money to the head of HR division , whose father passed away during promotion evaluation period  Condolence money under W100,000 is allowed If a public official received congratulation money or condolence money of W150,000  Under social norms, he needs to return the excess of the W100,000 ceiling, or W50,000

Discount fees for those with membership holder
point1 point2 main2 main1 back1 back2 V. Cases & Judicial Precedents Case 8 : Golf with public Servants and Etc. If a public official’s hometown friend paid the green fees for the public official who is not duty-related  Since there is no duty-relatedness, the public official is allowed to receive financial benefits worth less than W1 million at a time If employees of a public organization used their organization golf membership  Since the membership is deemed as a financial benefit provided by the public organization to its employees, they are allowed to use the membership If a person paid less than W50,000 for a round of golf for a duty-related public official Since a golf rounding is not a gift, green fee less than 50,000 is not allowed If a public official played golf with a duty-related person who has a golf membership and got his green fee discount Since the discount is deemed as prohibited financial benefits, such discount is not allowed Normal fee (non-membership) W350,000 Discount fees for those with membership holder W200,000 Financial benefits of W150,000 = - *나중에 뜨는 짙은 색 박스가 분리(?) 되는 것 같아요 한꺼번에 뜨도록 해주세요

point1 point2 main2 main1 back1 back2 VI Closing

How the Act will Impact Korean Society?
point1 point2 main2 main1 back1 back2 How the Act will Impact Korean Society? I don’t know 1.4% Negative impact 13.6% Positive impact 85.0% KIPA’s survey of 3,562 adults (2016)

How the Act will Impact Korean Society?
point1 point2 main2 main1 back1 back2 How the Act will Impact Korean Society? Parents do not need to worry about whether to give money gift to teachers The education sector welcomes the new Act, expecting that misunderstandings and unnecessary uncomfortable feelings between parents and teachers will disappear. Improper Solicitation and Graft Act brings back life after work Office workers said they can now spend time with family or engage self-improvement activities after work. Before the enforcement of the Act, they had to wine and dine with duty-related people after work. Graduate students welcome the Improper Solicitation and Graft Act Long time practice of providing excessive allowances to professors for thesis evaluation will disappear

CEOs of foreign companies in Korea welcome the Act
point1 point2 main2 main1 back1 back2 CEOs of foreign companies in Korea welcome the Act President of Foreign Chamber of Commerce in Korea “The Improper Solicitation and Graft Act is a great law which enables companies in Korea to compete on a level playing field based on product quality and service not resorting to personal relationship” CEO of foreign IT company in Korea “The Improper Solicitation and Graft Act is a law that Koreans can boast about to foreigners” Result of In-depth interviews with CEOs of foreign companies by KIPA (2016)

Improper Solicitation & Graft Act creates
point1 point2 main2 main1 back1 back2 Improper Solicitation & Graft Act creates a fair nation where people can compete on a level-playing field without resorting to improper solicitation or entertainment

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