Article 1 (Purpose)

The purpose of this Act is to ensure that public officials and relevant persons fulfill their duties uprightly and to secure public confidence in public institutions by forbidding improper solicitations to public officials and relevant persons and by prohibiting them from accepting financial or other advantages.

Enforcement Ordinance

Article 2 (Definitions)

The definitions of the terms used in this Act shall be as follows:

1.The term “public institution” means any of the following agencies or organizations:

(a)The National Assembly, courts, Constitutional Court, election commissions, Board of Audit and Inspection, National Human Rights Commission, central administrative agencies (including organizations belonging to the President and Prime Minister) and institutions affiliated therewith, and local governments;

(b)Public service-related organizations as prescribed in Article 3-2 of the Public Service Ethics Act;

(c)Organizations as prescribed in Article 4 of the Act on the Management of Public Institutions;

(d)Schools of various levels established under the Elementary and Secondary Education Act, Higher Education Act, Early Childhood Education Act, and other Acts and subordinate statutes, as well as educational corporations incorporated under the Private School Act; and

(e) Media companies as prescribed in Subparagraph 12 of Article 2 of the Act on Arbitration and Remedies, etc., for Damage Caused by Press Reports.

2.The term “public official or relevant person” means any of the following public officials or employees performing public duties

(a)Civil servants under the State Public Officials Act or Local Public Officials Act, and persons deemed by other Acts as civil servants in terms of their qualification, appointment, educational training, service, remuneration, guarantee of tenure and so on;

(b)The heads of public service-related organizations and public institutions prescribed in Items (b) and (c) of Subparagraph 1, and employees thereof;

(c)The heads of schools of various levels and educational corporations prescribed in Item (d) of Subparagraph 1, and employees thereof; and

(d)The representatives and employees of media companies as prescribed in Item (e) of Subparagraph 1.

3.The term “financial or other advantage” means any of the following advantages:

(a)Any financial interest, such as money, securities, real estate, goods, accommodation vouchers, facilities memberships, admission tickets, discount coupons, complimentary tickets, tickets for entertainment, entitlements to use real estate, etc.;

(b)Offering of entertainment, such as food and drink, alcoholic beverages and golf, or conveniences, such as transportation and accommodation; and

(c)Other tangible and intangible financial benefits, such as cancellation of debts, offering of employment opportunities, and grant of rights and interests.

4.The term “head of the relevant agency” means a head of a public institution to which the public official or relevant person in question belongs.

Article 3 (Duties of the State and Public Institutions)

(1) The State shall strive to guarantee working conditions under which public officials are able to perform their duties in a fair and upright manner.

(2) Public institutions shall strive to build a culture in public service under which improper solicitations and acceptance of financial or other advantages are not tolerated, to ensure that public officials or relevant persons perform their duties in a fair and upright manner.

(3) Public institutions shall take the protective measures necessary to ensure that public officials or relevant persons will not be subject to any disadvantage on grounds of reporting a violation or take any other measure pursuant to this Act.

Enforcement Ordinance

Article 4 (Duties of Public Officials or Relevant Persons)

(1) Public officials or relevant persons shall perform their duties in a fair and upright manner free from the influence of any personal interest.

(2) Public officials or relevant persons shall act impartially in performing their duties, and shall not offer advantage to or discriminate against any person related to their duties.