Amendment of the Enforcement Decree of the Anti-Graft Act… Daeryun Law Firm: “Confusion likely to continue on site.”

On the 21st, the Anti-Corruption and Civil Rights Commission approved an amendment to the Enforcement Decree of the Anti-Graft and Corruption Act (Kim Young-ran Act), which aims to increase the upper limit value of agricultural and fishery product gifts that public officials can receive from the current 100,000 won to 150,000 won. The Lunar New Year and Chuseok holidays will also be increased from 200,000 won to 300,000 won.

According to the legal community on the 30th, the amendment increased the amount that a specific person can use as a gift, but confusion in everyday life and work is expected to continue for the time being.

The Anti-Corruption and Graft Act came into effect on September 28, 2016 at the suggestion of the Anti-Corruption and Civil Rights Commission in 2012, but has been revised several times over the seven years since its enforcement, causing frequent confusion in the field.

In particular, although this revision is said to be an amendment to the enforcement ordinance to prevent the economic downturn and revitalize domestic demand, there are also negative reactions such as those arguing that the Anti-Graft Act is useless and that it is abolished, saying that it undermines the very foundation of the purpose of introducing the Anti-Graft Act.

There is also public opinion that the anti-graft law is ineffective and that fundamental measures must be taken. According to the ‘Results of last year’s inspection of the operation of the Anti-Graft Act of Public Institutions’ announced by the Anti-Corruption and Civil Rights Commission, the total number of reports of violations of the Anti-Graft Act received last year was 1,404, a rebound in four years. This is an increase of 19 cases compared to the previous year.

Among them, the number of reports of receiving bribes was 967, an increase of 96.9% compared to the previous year. On the other hand, cases of improper solicitation decreased by 52.54% from the previous year to 369 cases.

Recently, the anti-graft law has received a lot of attention as the ‘private education cartel’, in which current teachers receive money from companies to create questions, has been attracting attention.

Anyone subject to the bill, including public officials, journalists, and national, public, and private schools, who receives money or valuables exceeding 1 million won at a time or 3 million won per year, regardless of job-relatedness or compensation, will be subject to imprisonment for up to 3 years or a fine of up to 30 million won.

There are still cases of confusion in the field as to what acts are included in violation of the Anti-Graft Act. There are cases where it is reported that someone simply received a gift exceeding 1 million won.

Last May, confusion arose in Incheon when teachers reported that they had given gifts totaling 1 million won to Mr. A, the kindergarten director, on several occasions, including holidays, Teacher's Day, and birthdays.

Some teachers stated that they gave gifts out of fear of bullying in the workplace, which was a disadvantageous situation for Mr. A, but the case was closed as the charges of violating the Anti-Graft Act were not filed at the police stage. He was also able to avoid fines.

At the time, the court determined that there was no evidence to acknowledge that the amount paid per teacher for each gift exceeded the value of the gift specified in the enforcement ordinance. Since it could not be proven that there was coercion by Mr. A, it was decided not to impose a fine on Mr. A, saying that it could not be said that the gift was provided for the smooth performance of duties based solely on the subjective circumstances of the teachers, such as workplace bullying.

Daeryun Law Firm (Lihan) advised, “As the enforcement ordinance is revised this time, it is expected that there will be an increase in cases where application is ambiguous or reports due to confusion,” and “If you are wrongfully accused, not only administrative measures but also disadvantages in status will be imposed, so you must clearly understand the certain allowable range set by the law and respond accurately during the investigation process.”

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