The Improper Solicitation and Graft Act [See entire ACT]

Chapter 2. Prohibition of Improper Solicitations

Article 5 (Prohibition of Improper Solicitations)

(1) No person shall make any of the following improper solicitations to any public servant, etc. performing his/her duties, directly or through a third party:

1. Soliciting to process, in violation of statutes, such tasks as authorization, permission, license, patent, approval, inspection, qualification, test, certification, or verification, for which statutes (including Ordinances and Rules; hereinafter the same shall apply) prescribe requirements and which should be processed upon application by a duty-related party;

2. Soliciting to mitigate or remit administrative dispositions or punishments such as cancellation of authorization or permission, and imposition of taxes, charges, administrative fines, penalty surcharges, charges for compelling compliance, penalties, or disciplinary actions, in violation of statutes;

3. Soliciting to intervene or exert influence in the appointment, promotion, assignment or reassignment, or any other personnel matter with respect to any public servant, etc., in violation of statutes;

4. Soliciting to select or reject a person, in violation of statutes, for a position which intervenes in the decision-making of a public institution, such as a member of various deliberation, decision-making, and arbitration committees, and a member of a committee for a test or screening administered by a public institution;

5. Soliciting to select or reject a specific individual, organization, or juridical person, in violation of statutes, in any award, prize, or selection of outstanding institutions or persons, administered by a public institution;

6. Soliciting to disclose, in violation of statutes, duty-related confidential information on tender, auction, development, examination, patent, military affairs, taxation, etc.;

7. Soliciting to select or reject a specific individual, organization, or juridical person as a party to a contract, in violation of statutes governing contracts;

8. Soliciting to intervene or exert influence so that subsidies, incentives, contributions, investments, grants, funds, etc., are assigned to, provided to, invested in, deposited in, lent to, contributed to, or financed to a specific individual, organization, or juridical person, in violation of statutes;

9. Soliciting to allow a specific individual, organization, or juridical person to buy, exchange, use, benefit from, or possess goods and services that are produced, supplied, or managed by public institutions, at prices different from what is prescribed by statutes, or against normal transaction practices;

10. Soliciting to process or manipulate affairs of schools of each level, such as admission, grades, or performance tests, in violation of statutes;

11. Soliciting to process affairs related to military service, such as physical examination for military service, assignment to a military unit, or appointment to a position, in violation of statutes;

12. Soliciting to conduct various assessments or judgements implemented by public institutions, or manipulate the results thereof, in violation of statutes;

13. Soliciting to make a specific individual, organization, or juridical person subject to or exempt from administrative guidance, enforcement activities, audit, or investigation; to manipulate the outcome thereof; or to ignore any illegality, in violation of statues;

14. Soliciting to process investigation of a case, trial, adjudication, decision, mediation, arbitration, reconciliation, or other equivalent affairs, in violation of statutes;

15. Soliciting a public servant, etc. to act beyond the limits of his/her position and authority granted by statutes, or to take any action for which he/she lacks legitimate authority, regarding any and all affairs that may be the subject-matter of improper solicitation as prescribed by subparagraphs 1 through 14.

(2) Notwithstanding paragraph (1), this Act shall not apply to any of the following cases:

1. Where demanding particular action such as relief or settlement of infringement on rights in accordance with the procedures or methods prescribed by the Petition Act, the Civil Petitions Treatment Act, the Administrative Procedures Act, the National Assembly Act, or other statutes or standards (including regulations, rules, and standards of the public institutions set forth in subparagraphs 1 (b) through (e) of Article 2; hereinafter the same shall apply); or suggesting or proposing enactment, amendment, or rescission of any statute, or standards relevant thereto;

2. Where publicly demanding a public servant, etc. to take a particular action;

3. Where an elected public servant, political party, civil society organization, etc., conveys a third party's complaints and grievances for the public interest; make suggestions or proposals regarding establishment, amendment, or rescission of any statute or standard; or make suggestions or proposals regarding improvement of policies, projects, systems, or the administration thereof;

4. Where requesting or demanding a public institution to complete a certain duty within a statutory deadline, or asking confirmation or inquiring about the progress or outcome thereof;

5. Where requesting or demanding confirmation or certification for duties or legal relations;

6. Where demanding explanation or interpretation of statutes, systems, procedures, etc., related to duties, in the form of inquiry or consultation;

7. Any other conduct recognized to be consistent with societal rules and norms.

Article 6 (Prohibition of Performing Duties as Directed by Improper Solicitations)

No public official or relevant person who receives an improper solicitation shall perform his or her duties as directed thereby.

Article 7 (Reporting and Handling of Improper Solicitations)

(1) If a public official or relevant person receives an improper solicitation, he or she shall notify the person who made the improper solicitation that the solicitation is improper and clearly express an intention to refuse the solicitation.

(2) If a public official or relevant person receives the same improper solicitation again even though he or she took the measure as prescribed in Paragraph (1), he or she shall report such fact to the head of the relevant agency in writing (including electronic documents; hereinafter the same shall apply).

(3) A head of the relevant agency in receipt of a report under Paragraph (2) shall promptly verify whether the subject-matter of the report constitutes an improper solicitation by examining the background, purport, details and evidence of the report.

(4) A head of the relevant agency may take any of the following measure against a public official or relevant person who received an improper solicitation should the head of the relevant agency be aware of such fact or if it is deemed that the performance of the duties of the public official or relevant person may be hindered during the process of reporting the improper solicitation and verifying the report under Paragraphs (2) and (3):

1.Provisional suspension of performing the duties;

2.Designation of a substitute;

3.Change of position; and

4.Any other measures as provided by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations or Presidential Decree.

(5) Notwithstanding Paragraph (4), a head of the relevant agency may let the public official or relevant person continue his or her duties in any of the following cases. In this case, the head of the relevant agency shall have an official in charge who belongs thereto under Article 20 or other public official or relevant person verify and check regularly as to whether the public official or relevant person performs his or her duties uprightly.

1.In the event that it is very difficult to find a substitute for the public official or relevant person who can perform the duties;

2.In the event that the performance of the duties of the public official or relevant person is marginally affected; and

3.In the event that the necessity of continuing the duties is greater in the light of protecting national security, developing the national economy and promoting any other public interest.

(6) A public official or relevant person may submit a report as prescribed in Paragraph (2) to a supervisory body, the Board of Audit and Inspection, an investigative agency or the Anti-Corruption and Civil Rights Commission.

(7) A head of the relevant agency may disclose the details of an improper solicitation and the measures taken on the internet homepage of the public institution to the extent it does not violate other Acts and subordinate statutes.

(8) Any other matters necessary to report, verify, handle, record, manage and disclose an improper solicitation other than those provided under Paragraphs (1) through (7) shall be prescribed by Presidential Decree.

Enforcement Ordinance

Article 3 (Methods of Reporting Improper Solicitation, etc.)

If a public servant, etc. intends to report that he/she has received an improper solicitation pursuant to Article 7 (2) of the Act, he/she shall submit, to the head of the relevant institution, documents (including electronic documents; hereinafter the same shall apply) containing the following:

1. Personal details of the reporting person:

(a) Name, resident registration number, address, department to which he/she belongs, and contact information;

(b) Other personal details identifying the reporting person;

2. Personal details of the person who has made an improper solicitation:

(a) Where the person is an individual: name, contact information, occupation, and other personal details identifying the person who has made the improper solicitation;

(b) Where the person is a representative of a juridical person or an organization: matters set forth in (a), above, and the name and location of the juridical person or the organization;

(c) Where the person is an agent, an employee, or any other worker employed by a juridical person, an organization, or an individual: matters set forth in (a); the name and location of the juridical person, the organization, or the individual; and the name of the representative;

3. Details and the purport of the reporting;

4. Date, time, location, and details of the improper solicitation;

5. Materials evidencing the details of the improper solicitation (this applies only if such materials are obtained).

Enforcement Ordinance

Article 4 (Confirmation, etc. by Head of Relevant Institution of Report of Improper Solicitation)

(1) Upon receipt of a report pursuant to Article 7 (2) of the Act, the head of the relevant institution may confirm the following:

1. Details to specify the report, such as the matters set forth in the subparagraphs of Article 3;

2. Whether evidentiary materials, persons having information, etc. are found so that they can corroborate the report;

3. Whether the same case has been reported to any other institution.

(2) If a report made pursuant to Article 7 (2) of the Act does not fully provide details to specify the report as described in paragraph (1) 1 of this Article, the head of the relevant institution may have the reporting person supplement the report within a set period.

Enforcement Ordinance

Article 5 (Action Taken by Head of Relevant Institution upon Report of Improper Solicitation, etc.)

Upon receipt of a report pursuant to Article 7 (2) of the Act, the head of the relevant institution shall conduct the necessary inspection relating to the details of the report and shall take necessary measures on the results of the inspection, as classified below:

1. Where a crime is suspected or criminal investigation is necessary: Notification to an investigative agency;

2. Where an administrative fine should be imposed: Notification to the court having jurisdiction over administrative fines;

3. Where disciplinary action should be taken: Initiation of disciplinary procedures.

Enforcement Ordinance

Article 6 (Methods of Notification, etc. of Results of Inspection by Head of Relevant Institution)

(1) Upon receipt of a report pursuant to Article 7 (2) of the Act, the head of the relevant institution shall notify the reporting person of the results of inspection in writing within 10 days from the date the inspection is finished.

(2) Results of inspection notified by the head of a relevant institution pursuant to paragraph (1) shall include the following:

1. Action taken on the reported case and grounds therefor;

2. Matters that the reporting person should be aware of regarding the reported case.

Enforcement Ordinance

Article 7 (Measures Taken by Head of Relevant Institution against Public Servant, etc. in Receipt of Improper Solicitation)

(1) If the head of a relevant institution cannot attain the desired objectives even after taking the measures set forth in Article 7 (4) 1, 2, or 4 of the Act, only then may the head of the relevant institution take the measures described in Article 7 (4) 3 of the Act.

(2) “Measure prescribed by ... Presidential Decrees” in Article 7 (4) 4 of the Act means the following:

1. Designation of a person who can jointly perform duties;

2. Modification of work scope.

Enforcement Ordinance

Article 8 (Report, Confirmation, etc. by Supervisory Institution, etc. of Improper Solicitation)

(1) If a public servant, etc. intends to report that he/she has received an improper solicitation to a supervisory institution, the Board of Audit and Inspection, or an investigative agency pursuant to Article 7 (6) of the Act, Article 3 shall apply mutatis mutandis with regard to the details to be specified in the documents submitted.

(2) Article 4 shall apply mutatis mutandis where a supervisory institution, the Board of Audit and Inspection, or an investigative agency confirms a report of an improper solicitation or has the details of the report supplemented, upon receipt of a report of an improper solicitation pursuant to Article 7 (6) of the Act.

Enforcement Ordinance

Article 9 (Measures, etc. Taken by Supervisory Institution, etc. on Report of Improper Solicitation)

Upon receipt of a report of an improper solicitation pursuant to Article 7 (6) of the Act, a supervisory institution, the Board of Audit and Inspection, or an investigative agency, shall conduct the necessary inspection, audit, or investigation (hereinafter referred to as “inspection, etc.”) relating to the details of the report and take measures on the results of the inspection, etc. as classified below:

1. Measures taken by supervisory institutions or the Board of Audit and Inspection:

(a) Where a crime is suspected or criminal investigation is necessary: Notification to an investigative agency;

(b) Where an administrative fine should be imposed or disciplinary action should be taken: Notification to the relevant institution;

2. Measures taken by an investigative agency:

(a) Where a crime is suspected or criminal investigation is necessary: Initiation of a criminal investigation;

(b) Where an administrative fine should be imposed or disciplinary action should be taken: Notification to the relevant institution.

Enforcement Ordinance

Article 10 (Methods of Notification, etc. by Supervisory Institution, etc. of Results of Inspection, etc.)

@Article 6 shall apply mutatis mutandis to the period, methods, etc. of notification where a supervisory institution, the Board of Audit and Inspection, or an investigative agency notifies the reporting person of the results of the inspection, etc., upon receipt of a report of an improper solicitation pursuant to Article 7 (6) of the Act.

Enforcement Ordinance

Article 11 (Reporting and Confirmation, etc. of Improper Solicitation by the Anti-Corruption and Civil Rights Commission)

(1) If a public servant, etc. intends to report that he/she has received an improper solicitation to the Anti-Corruption and Civil Rights Commission pursuant to Article 7 (6) of the Act, Article 3 shall apply mutatis mutandis with regard to the details to be specified in the documents submitted.

(2) Article 4 shall apply mutatis mutandis where the Anti-Corruption and Civil Rights Commission confirms a report of an improper solicitation or has the details of the report supplemented, upon receipt of a report of an improper solicitation pursuant to Article 7 (6) of the Act.

Enforcement Ordinance

Article 12 (Action Taken by the Anti-Corruption and Civil Rights Commission to Process Report of Improper Solicitation)

(1) Within 60 days from the date of receiving a report pursuant to Article 7 (6) of the Act (if the report needs to be supplemented, such date refers to when such supplementation is completed pursuant to Article 4 (2)), the Anti-Corruption and Civil Rights Commission shall confirm the matters set forth in the subparagraphs of Article 4 (1) and refer the case to the following institutions:

1. Where a crime is suspected or criminal investigation is necessary: An investigative agency;

2. Where it is deemed that audit in accordance with the Board of Audit and Inspection Act is necessary: The Board of Audit and Inspection;

3. Where subparagraphs 1 and 2 do not apply: The relevant institution or a supervisory institution.

(2) If several institutions are involved in the matters reported, the Anti-Corruption and Civil Rights Commission may designate a main institution from among a relevant institution, a supervisory institution, the Board of Audit and Inspection, and an investigative agency; and refer the case to the main institution. In such cases, the main institution shall ensure that the reported case is processed as a single unified case through mutual cooperation.

(3) The Anti-Corruption and Civil Rights Commission may forward a case, reported pursuant to Article 7 (6) of the Act, to the head of the relevant institution, a supervisory institution, the Board of Audit and Inspection, or an investigative agency, if the reported case falls under both of the following:

1. Where it is unclear as to whether the reported case is subject to referral under paragraph (1);

2. Where it is unclear whether the reported case is subject to closure under Article 14 (1).

(4) If the Anti-Corruption and Civil Rights Commission refers or forwards a reported case pursuant to paragraphs (1) through (3), the Anti-Corruption and Civil Rights Commission shall attach thereto the matters confirmed under the subparagraphs of Article 4 (1) and notify the reporting person of the referral or forwarding.

Enforcement Ordinance

Article 13 (Handling, etc. of Referral or Forwarding)

(1) The head of the relevant institution, a supervisory institution, the Board of Audit and Inspection, or an investigative agency shall complete the necessary inspection, etc. within 60 days from the date of receipt of a report of an improper solicitation, which is referred or forwarded pursuant to Article 12 (1) through (3): Provided, That the period may be extended where there is good cause, and the reasons and period for such extension shall be notified to the Anti-Corruption and Civil Rights Commission.

(2) Article 5 shall apply mutatis mutandis to the measures, taken by the head of the relevant institution, on the results of the inspection conducted under paragraph (1); and Article 9 shall apply mutatis mutandis to the measures, taken by a supervisory institution, the Board of Audit and Inspection, or an investigative agency, on the results of the inspection, etc. conducted under paragraph (1).

(3) If a report of an improper solicitation is referred or forwarded, the head of the relevant institution, a supervisory institution, the Board of Audit and Inspection, or an investigative agency shall notify the reporting person and the Anti-Corruption and Civil Rights Commission of the results of the inspection, etc., in writing, within ten days from the date the inspection, etc. is completed.

(4) The results of the inspection, etc., notified by the head of the relevant institution, a supervisory institution, the Board of Audit and Inspection, or an investigative agency pursuant to paragraph (3), shall include the following:

1. Action taken on the reported case and grounds therefor;

2. Matters that the reporting person and the Anti-Corruption and Civil Rights Commission should be aware of regarding the reported case.

Enforcement Ordinance

Article 14 (Closure of Case, etc.)

(1) Notwithstanding Articles 5, 9, 12 and 13, the head of a relevant institution, a supervisory institution, the Board of Audit and Inspection, an investigative agency, or the Anti-Corruption and Civil Rights Commission may close a case of an improper solicitation, reported, referred, or forwarded thereto, in any of the following cases. In such cases, the head of the relevant institution, the supervisory institution, the Board of Audit and Inspection, the investigative agency, or the Anti-Corruption and Civil Rights Commission shall notify the reporting person of the closure of the case and grounds therefor:

1. Where the report is clearly false;

2. Where the reporting person fails to supplement the report within a required period, after supplementation is requested under Article 4 (2);

3. Where the case is re-reported without justified grounds, after the action taken on the case has already been notified, while no evidence is newly added;

4. Where the reported case is publicized through the media, etc. and inspection for the case is ongoing or completed, while no evidence is newly added;

5. Where another report with the same content has already been received and inspection for that case is ongoing or completed, while no evidence is newly added;

6. Other cases where it is deemed reasonable to close the case because inspection, etc. is not necessary as no violation of law is found, etc.

(2) A reporting person notified pursuant to paragraph (1) may re-report, by citing reasonable grounds such as submission of new evidence.

Enforcement Ordinance

Article 15 (Disclosure of Details of Improper Solicitation and Corrective Measures)

(1) Pursuant to Article 7 (7) of the Act, the head of a relevant institution may disclose details of an improper solicitation and measures taken against it, considering the following cases:

1. Where an administrative fine is imposed for violation of Article 5 (1) of the Act;

2. Where a judgement of conviction or a suspension of indictment becomes final for a violation of Article 6 of the Act;

3. Other cases where the head of a relevant institution deems that disclosure is necessary to prevent improper solicitations.

(2) The details of an improper solicitation and measures taken against it, disclosed by the head of a relevant institution pursuant to Article 7 (7) of the Act, may include the following:

1. Date, time, purpose, type, and other details of the improper solicitation;

2. Measures and disciplinary action, taken by the head of a relevant institution, pursuant to the subparagraphs of Article 7 (4), Article 16, Article 21 of the Act;

3. Details of sanctions, such as imposition of penalties or administrative fines.

Enforcement Ordinance

Article 16 (Preserving and Managing Records of Violations)

(1) Pursuant to Article 7 (8) of the Act, the head of a relevant institution shall preserve and manage records of any report submitted, facts ascertained, and action taken under Articles 3, 4 (1), 5, 7 and 13 (1), in connection with the public officials of the relevant institution. In such cases, Article 26 of the Enforcement Decree of the Public Records Management Act shall apply mutatis mutandis to the period for preserving such records.

(2) The head of a relevant institution shall manage records described in paragraph (1), in electronically processable form, such as electronic media, microfilm, etc.

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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