Article 21 (Disciplinary Actions)

The head of each relevant agency shall take disciplinary action against each public official or relevant person who violates this Act or Decree pursuant this Act.

Enforcement Ordinance

Enforcement Ordinance

Article 22 (Criminal Punishments)

(1) Any of the following persons shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won:

1.A public official or relevant person who violates Paragraph 8(1) (including private persons performing public duties under Article 11). Provided, that a public official or relevant person who submits a report as prescribed in Paragraph 9(1), (2), or (6), or who returned, delivered or expressed an intention to reject an unacceptable financial or other advantage shall be excluded;

2.A public official or relevant person (including private persons performing public duties under Article 11) who recognizes that his or her spouse received, requested or promised to receive an unacceptable financial or other advantage under Paragraph 8(1) in violation of Paragraph 8(4) , and fails to report such fact as prescribed in Subparagraph 9(1)2 or Paragraph 9(6). Provided, that this shall not apply where the public official or relevant person, or his or her spouse, returned, delivered, or expressed an intention to reject, the unacceptable financial or other advantage in accordance with Paragraph 9(2);

3.Any person who offers, promises to offer, or expresses an intention to offer an unacceptable financial or other advantage as prescribed in Paragraph 8(1) to a public official or relevant person (including private persons performing public duties under Article 11), or his or her spouse in violation of Paragraph 8(5);

4.Any person who tells, discloses or publicizes to any third party personal information concerning a reporting person or cooperator, or other facts from which the identity of the reporting person or cooperator can be inferred in violation of Paragraph 12(1) of the Act on the Protection of Public Interest Whistleblowers, which is applied mutatis mutandis under Paragraph 15(4); and

5.A public official or relevant person who divulges confidential information of which he or she has become aware in the course of performing his or her duties in violation of Article 18.

(2) Any of the following persons shall be punished by imprisonment for not more than two years or by a fine not exceeding 20 million won:

1.A public official or relevant person (including private persons performing public duties under Article 11) who performs his or her duties as directed by an improper solicitation in violation of Article 6;

2.Any person who takes a disadvantageous measure falling into Item (a) of Subparagraph 6 of Article 2 in the Act on the Protection of Public Interest Whistleblowers in violation of Paragraph 15(2); and

3.Any person who fails to take a protective measure which was verified under Paragraph 21(2) in the Act on the Protection of Public Interest Whistleblowers, which is applied mutatis mutandis as prescribed in Paragraph 15(4), or as a result of an administrative litigation.

(3) Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding ten million won:

1.Any person who hinders reporting or cooperation or coerces withdrawal of the reporting or cooperation in violation of Paragraph 15(1); and

2.Any person who takes a disadvantageous measure against a reporting person or cooperator in violation of Paragraph 15(2), which falls into any of Items (b) through (g) of Subparagraph 6 of Article 2 in the Act on the Protection of Public Interest Whistleblowers.

(4) All financial or other advantages prescribed in Subparagraphs (1)1 through 3shall be confiscated. Provided, that where it is impossible to confiscate all or any part of such financial or other advantage, an amount equivalent to the value thereof shall be collected.

Article 23 (Fines for Negligence)

(1) Any of the following persons shall be subject to an administrative fine not exceeding 30 million won:

1. A public servant, etc. (including private persons performing public duties under Article 11) who makes an improper solicitation to another public servant, etc. (including private persons performing public duties under Article 11) for a third party, in violation of Article 5 (1): Provided, That no administrative fine shall be imposed if criminal punishment is imposed under the Criminal Act or any other Act; if criminal punishment is imposed after an administrative fine is imposed, the imposition of the administrative fine shall be revoked;

2. A person who refuses to submit relevant materials, make an appearance, or submit a written statement, in violation of Article 19 (2) and (3) of the Protection of Public Interest Reporters Act, applying mutatis mutandis pursuant to Article 15 (4) (including cases where the said Article 19 (2) and (3) apply mutatis mutandis pursuant to Article 22 (3) of the same Act).

(2) A person (excluding persons subject to paragraph (1) 1), who makes an improper solicitation to a public servant, etc. (including private persons performing public duties under Article 11) for a third party, in violation of Article 5 (1), shall be subject to an administrative fine not exceeding 20 million won: Provided, That no administrative fine shall be imposed if criminal punishment is imposed under the Criminal Act or any other Act; if criminal punishment is imposed after an administrative fine is imposed, the imposition of the administrative fine shall be revoked.

(3) A person (excluding persons subject to paragraph (1) 1 and (2)) who makes an improper solicitation to a public servant, etc. (including private persons performing public duties under Article 11), through a third party, in violation of Article 5 (1), shall be subject to an administrative fine not exceeding 10 million won: Provided, That no administrative fine shall be imposed if criminal punishment is imposed under the Criminal Act or any other Act; if criminal punishment is imposed after an administrative fine is imposed, the imposition of the administrative fine shall be revoked.

(4) A public servant, etc. who fails to report and return pursuant to Article 10 (5) shall be subject to an administrative fine not exceeding five million won.

(5) Any of the following persons shall be subject to an administrative fine of two to five times the monetary value of the money, goods, etc. related to the violation: Provided, That no administrative fine shall be imposed if criminal punishment (including confiscation and collection) is imposed under Article 22 (1) 1 through 3, the Criminal Act, or any other Act; if criminal punishment is imposed after an administrative fine is imposed, the imposition of the administrative fine shall be revoked:

1. A public servant, etc. who violates Article 8 (2) (including private persons performing public duties under Article 11): Provided, That the foregoing shall not apply if the public servant, etc. reported, returned, delivered, or expressed an intention to reject prohibited money, goods, etc. pursuant to Article 9 (1), (2) or (6);

2. A public servant, etc. (including private persons performing public duties under Article 11) who fails to report pursuant to Article 9 (1) 2 or Article 9 (6), although he/she is aware that his/her spouse received, requested, or promised to receive prohibited money, goods, etc. specified in Article 8 (2), in violation of Article 8 (4): Provided, That the foregoing shall not apply if the public servant, etc. or his/her spouse returned, delivered, or expressed an intention to reject prohibited money, goods, etc. pursuant to Article 9 (2);

3. A person who offers, promises to offer, or expresses an intention to offer prohibited money, goods, etc., specified in Article 8 (2), to a public servant, etc. (including private persons performing public duties under Article 11) or his/her spouse, in violation of Article 8 (5).

(6) Notwithstanding paragraphs (1) through (5), no administrative fine shall be imposed after any resolution is passed to impose disciplinary additional charges under the State Public Officials Act, the Local Public Officials Act, or any other Act; after any administrative fine is imposed, no resolution shall be passed to impose any disciplinary additional charges.

(7) The head of a relevant institution shall notify a competent court, having jurisdiction over cases of administrative fines under the Non-Contentious Case Procedure Act, of a violation committed by those subject to the administrative fines set forth in paragraphs (1) through (5).

Enforcement Ordinance

Article 24 (Responsibility of Legal Persons, etc.)

Where a representative of a legal person or organization, or an agent, employee or other servant of a legal person, organization or individual commits a violation under Subparagraph 3 of Paragraph (1) of Article 22 (excluding a case where the provider of a financial or other advantage is a public official or relevant person (including private persons performing public duties to whom Article 8 applies mutatis mutandis under Article 11)), Paragraph 23(2) or (3), or Subparagraph 23(5)3 (excluding a case where the provider of a financial or other advantage is a public official or relevant person (including private persons performing public duties to whom Article 8 applies mutatis mutandis under Article 11)), not only shall the violator be punished, but the legal person, organization or individual also shall be punished by a fine, or fine for negligence, prescribed by the corresponding provision. Provided, that this shall not apply where the legal person, organization or individual has not been negligent in giving due attention and supervision concerning the relevant duties so as to prevent such violation.