THE IMPROPER SOLICITATION AND GRAFT ACT [See entire ACT]
Chapter 1. General Provisions
- Article 1 (Purpose)
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The purpose of this Act is to ensure that public servants, etc. perform their duties in a fair manner and to secure public confidence in public institutions, by prohibiting any improper solicitation made to public servants, etc., and by prohibiting public servants, etc. from receiving money, goods, etc.
Enforcement Ordinance
- Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Improper Solicitation and Graft Act and matters necessary for enforcement of said Act.
- Article 2 (Definitions)
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The terms used in this Act are defined as follows:
1. The term "public institution" means any of the following institutions and organizations:
(a) The National Assembly, the Court, the Constitutional Court, Election Commissions, the Board of Audit and Inspection, the National Human Rights Commission, the Corruption Investigation Office for High-Ranking Officials, central administrative agencies (including institutions affiliated with the office of the President and the office of the Prime Minister), institutions affiliated therewith, and local governments;
(b) Organizations related to public service under Article 3-2 of the Public Service Ethics Act;
(c) Institutions under Article 4 of the Act on the Management of Public Institutions;
(d) Schools of each level established under the Elementary and Secondary Education Act, the Higher Education Act, the Early Childhood Education Act, or any other statute; and educational foundations established under the Private School Act;
(e) Press organizations defined by subparagraph 12 of Article 2 of the Act on Press Arbitration and Remedies for Damage Caused by Press Reports.
2. The term “public servant, etc.” means any of the following public servants or persons engaging in public duties:
(a) Public officials specified by the State Public Officials Act or the Local Public Officials Act and persons recognized by other Acts as public officials in their qualification, appointment, educational training, service, remuneration, guarantee of status, etc.;
(b) Heads of organizations related to public service and institutions under subparagraphs 1 (b) and (c), and executive officers and employees thereof;
(c) Heads and faculty members of schools of each level described in subparagraph 1 (d), and executive officers and employees of educational foundations described in subparagraph 1 (d);
(d) Representatives, executive officers, and employees of the press organizations described in subparagraph 1 (e);
3. The term “money, goods, etc.” means any of the following:
(a) Any and all financial interests, including money, securities, real estate, articles, complimentary accommodations, memberships to clubs and facilities, admission tickets for venues and performances, discount coupons, invitation tickets, entertainment tickets, or licenses and permissions to use real estate;
(b) Offering entertainment, including food and beverages, alcoholic beverages, or golf; or accommodations, including transportation or lodging;
(c) Other tangible or intangible financial benefits, such as cancelling debts, offering jobs, or granting rights and interests;
4. The term “head of a/the relevant institution” means the head of a public institution to which a public servant, etc. belongs.
- Article 3 (Responsibility of the State)
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(1) The State shall endeavor to create working conditions in which public servants can perform their duties in a fair and disinterested manner.
(2) Public institutions shall endeavor to create a public service culture in which improper solicitations and acceptance of money, goods, etc. are not tolerated, in order to ensure that public servants, etc. perform their duties in a fair and disinterested manner.
(3) Public institutions shall create reasonable and appropriate protective measures in order to ensure that public servants, etc. will not be subject to any disadvantage for reporting a violation or taking any other action pursuant to this Act.
Enforcement Ordinance
- Article 2 (Code of Ethics)
(1) In order to create a public service culture as provided for in Article 3 (2) of the Improper Solicitation and Graft Act (hereinafter referred to as the “Act”), any of the following public institutions may formulate its own code of ethics (hereinafter referred to as “code of ethics”) for its public servants to comply with:
1. As provided for in subparagraph 1 (d) of Article 2 of the Act, schools of each level, established under the Elementary and Secondary Education Act, the Higher Education Act, the Early Childhood Education Act, or any other statute or regulation; and educational foundations established under the Private School Act;
2. As provided for in subparagraph 1 (e) of Article 2 of the Act, press organizations defined by subparagraph 12 of Article 2 of the Act on Press Arbitration and Remedies for Damage Caused by Press Reports.
(2) A code of ethics shall include the following:
1. Matters relating to prohibiting or restricting any intervention in personnel management, intervention in rights and interests, influence peddling, or solicitation, engaged in by taking advantage of one’s position;
2. Matters relating to prohibiting or restricting acceptance of money, goods, etc.;
3. Matters relating to reports and restriction on lectures, speeches, contributions, etc.;
4. Other matters necessary for maintaining integrity and dignity of public servants.
(3) When enacting or amending a code of ethics, heads of public institutions provided for in the subparagraphs of paragraph (1) may publish such fact on the Internet webpage of the relevant public institution.
(4) The Anti-Corruption and Civil Rights Commission may support the public institutions set forth in the subparagraphs of paragraph (1), so that they can efficiently enact or amend their code of ethics.
- Article 4 (Obligations of Public Servants)
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(1) Public servants, etc. shall perform their duties in a fair and disinterested manner, without being influenced by their personal interests.
(2) Public servants, etc. shall behave in a fair and impartial manner in performing their duties, and shall not favor or discriminate against any person related to their duties.
