The Improper Solicitation and Graft Act [See entire ACT]
Chapter 3. Prohibition of Acceptance of Financial or other Advantages
- Article 8 (Prohibition of Receipt of Money, Goods, etc.)
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(1) No public servant, etc. shall accept, request, or promise to receive any money, goods, etc. exceeding one million won at a time or three million won in a fiscal year from the same person, regardless of any connection to his/her duties and regardless of any pretext such as donation, sponsorship, gift, etc.
(2) No public servant, etc. shall, in connection with his/her duties, accept, request, or promise to receive any money, goods, etc. not exceeding the amount prescribed by paragraph (1), regardless of whether the money, goods, etc. are given as part of any quid pro quo.
(3) An honorarium for an outside lecture, etc. described in Article 10, or any of the following shall not constitute money, goods, etc., the receipt of which is prohibited by paragraph (1) or (2):
1. Money, goods, etc. that a public institution offers to its public servants, etc. and seconded public servants, etc.; or a senior public servant, etc. offers to subordinate public servants, etc. for purposes of consolation, encouragement, reward, etc.;
2. Money, goods, etc. the value of which is within the limits specified by Presidential Decree, in the form of food and beverages, congratulatory or condolence money, gifts, etc. offered for purposes of facilitating performance of duties, social relationships, rituals, or aid;
3. Money, goods, etc. offered from a legitimate source of right such as payment of debts (excluding donation) incurred in a private transaction;
4. Money, goods, etc. provided by relatives (relatives defined in Article 777 of the Civil Act) of a public servant, etc.;
5. Money, goods, etc. provided by employees' mutual aid societies, clubs, alumni associations, hometown associations, friendship clubs, religious groups, social organizations, etc., related to a public servant, etc. to their members in accordance with the rules prescribed by respective organizations; and money, goods, etc. offered by those who have long-term and continuous relationships with a public servant, etc., such as a member of the aforementioned groups, to the public servant, etc. who is in need due to a disease, disaster, etc.;
6. Money, goods, etc., provided uniformly in a normally accepted range by an organizer of an official event related to the duties of a public servant, etc. to all participants thereof, in the form of transportation, accommodation, food and beverages, etc.;
7. Souvenirs, promotional goods, etc. to be distributed to multiple unspecified persons, or awards or prizes given in a contest, a raffle, or a lottery;
8. Money, goods, etc. permitted by other statutes, standards, or societal rules and norms.
(4) No spouse of a public servant, etc. shall, in connection with the duties of the public servant, etc., receive, request, or promise to receive any money, goods, etc. that public servants, etc. are prohibited from accepting (hereinafter referred to as "prohibited money, goods, etc.") under paragraph (1) or (2).
(5) No person shall offer, promise to offer, or express any intention to offer any prohibited money, goods, etc. to any public servant, etc. or to his/her spouse.
Enforcement Ordinance
- Article 17 (Limits on Value of Food and Beverages, Congratulatory or Condolence Money, etc., Provided for Purposes of Social Relationships, Rituals, etc.)
“Limits specified by Presidential Decree” in Article 8 (3) 2 of the Act shall be as described in attached Table 1.
- Article 9 (Reporting and Disposal of Unacceptable Financial or Other Advantages)
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(1) A public official or relevant person shall immediately report, in writing, any of the following cases, to the head of the relevant agency:
1.A case where a public official or relevant person himself or herself receives an unacceptable financial or other advantage, or a promise or an expression of intention to do so; and
2.A case where a public official or relevant person knows the fact that his or her spouse received an unacceptable financial or other advantage, or a promise or an expression of intention to do so.
(2) Should a public official or relevant person receive an unacceptable financial or other advantage, a promise or an expression of intention to do so, or should a public official or relevant person be aware that his or her spouse received an unacceptable financial or other advantage, or a promise or an expression of intention to do so, the public official or relevant person shall immediately return, or have his or her spouse return, the advantage to the provider, manifest an intention to reject the advantage, or have his or her spouse manifest such intension. Provided, that the public official or relevant person shall deliver, or have his or her spouse deliver, the financial or other advantage received to the head of the relevant agency in any of the following cases:
1.In the event that the financial or other advantage is subject to loss, decay, or deterioration;
2.In the event that the provider of the financial or other advantage is unknown; and
3.Any other situations where it is difficult to return the financial or other advantage to the provider.
(3) If a head of the relevant agency receives a report as provided in Paragraph (1), or a financial or other advantage is delivered to him or her under the proviso to Paragraph (2), and he or she deems that the advantage is an unacceptable financial or other advantage, the head of the relevant agency shall have the public official or relevant person return or deliver the advantage, or express an intention to reject the advantage. When investigation is deemed necessary, the head of the relevant agency shall immediately notify an investigative agency of the details thereof.
(4) Should a head of the relevant agency come to know that a public official or relevant person or his or her spouse received an unacceptable financial or other advantage, a promise or an expression of intention to do so, the head of the relevant agency shall immediately inform an investigative agency of the details thereof if investigation is deemed necessary.
(5) A head of the relevant agency may take such measures as prescribed in each subparagraph of Article 7(4) and (5) against a public official or relevant person if the head of the relevant agency comes to know that the public official or relevant person or his or her spouse received an unacceptable financial or other advantage, a promise or an expression of intention to do so, 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, returning, or delivering the unacceptable financial or other advantage or notifying an investigative agency of the case under Paragraphs (1) through (4).
(6) A public official or relevant person may submit a report or deliver the advantage prescribed in Paragraph (1) or proviso to Paragraph (2) to a supervisory body, the Board of Audit and Inspection, an investigative agency or the Anti-Corruption and Civil Rights Commission.
(7) Should a head of the relevant agency receive a report under Subparagraph (1)2 from a public official or relevant person and it be deemed that the financial or other advantage which the spouse of the public official or relevant person refuses to return is an unacceptable financial or other advantage, the head of the relevant agency shall require the spouse of the public official or relevant person to return the advantage to the provider.
(8) Any other matters needed to report and handle unacceptable financial or other advantages other than those prescribed in Paragraphs (1) through (7) shall be prescribed by Presidential Decree.
Enforcement Ordinance
- Article 18 (Method of Reporting, etc. Prohibited Money, Goods, etc.)
If a public servant, etc. intends to report prohibited money, goods, etc. pursuant to Article 9 (1) of the Act, he/she shall submit, to the head of the relevant institution, documents containing the following:
1. Personal details of the reporting person:
(a) Name, resident registration number, address, department to which he/she belongs, contact information;
(b) Other personal details identifying the reporting person;
2. Personal details of the person who has offered, promised to offer, or expressed an intention to offer prohibited money, goods, etc.:
(a) Where the person is an individual: name, contact information, occupation, and other personal details identifying the person who has offered, promised to offer, or expressed an intention to offer prohibited money, goods, etc.;
(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. Types and value of the money, goods, etc.;
5. Whether the money, goods, etc. are returned;
6. Materials evidencing the details of the report (this applies only if such materials are obtained).
Enforcement Ordinance
- Article 19 (Measures, etc. Taken by Head of Relevant Institution on Report of Prohibited Money, Goods, etc.)
(1) Article 4 shall apply mutatis mutandis where the head of a relevant institution confirms a report of prohibited money, goods, etc. or has the details of the report supplemented, upon receipt of the report pursuant to Article 9 (1) of the Act.
(2) The head of a relevant institution shall conduct the necessary inspection regarding the details of a report of prohibited money, goods, etc., upon receipt of a report pursuant to Article 9 (1) of the Act. In such cases, Article 5 shall apply mutatis mutandis to measures taken on the results of the inspection.
(3) Article 6 shall apply mutatis mutandis to the period and methods of notification of the results of inspection, conducted by the head of a relevant institution upon receipt of a report pursuant to Article 9 (1) of the Act.
(4) The head of a relevant institution shall preserve and manage records of reports of prohibited money, goods, etc., facts ascertained, and action taken, in connection with the public officials of the relevant institution. In such cases, Article 16 shall apply mutatis mutandis to the maintenance, management, and preservation of records.
Enforcement Ordinance
- Article 20 (Measures, etc. Taken by Supervisory Institutions, etc. on Report of Prohibited Money, Goods, etc.)
(1) If a public servant, etc. intends to report prohibited money, goods, etc. to a supervisory institution, the Board of Audit and Inspection, or an investigative agency pursuant to Article 9 (6) of the Act, Article 18 shall apply mutatis mutandis 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 or has the details of the report supplemented, upon receipt of the report of prohibited money, goods, etc. pursuant to Article 9 (6) of the Act.
(3) A supervisory institution, the Board of Audit and Inspection, or an investigative agency shall conduct the necessary inspection regarding the details of a report of prohibited money, goods, etc., upon receipt of the report pursuant to Article 9 (6) of the Act. In such cases, Article 9 shall apply mutatis mutandis to measures taken on the results of the inspection.
(4) Article 6 shall apply mutatis mutandis to the period and methods of notification of the results of inspection, conducted by a supervisory institution, the Board of Audit and Inspection, or an investigative agency upon receipt of a report pursuant to Article 9 (6) of the Act.
Enforcement Ordinance
- Article 21 (Measures, etc. taken by the Anti-Corruption and Civil Rights Commission on Report of Prohibited Money, Goods, etc.)
(1) If a public servant, etc. intends to report prohibited money, goods, etc. to the Anti-Corruption and Civil Rights Commission pursuant to Article 9 (6) of the Act, Article 18 shall apply mutatis mutandis 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 or has the details of the report supplemented, upon receipt of the report of prohibited money, goods, etc. pursuant to Article 9 (6) of the Act.
(3) Article 12 shall apply mutatis mutandis to the methods for referring or forwarding a report, and notification of the results of the referral or forwarding, conducted by the Anti-Corruption and Civil Rights Commission in receipt of the report pursuant to Article 9 (6) of the Act.
Enforcement Ordinance
- Article 22 (Handling, etc. of Referral and Forwarding)
@Article 13 shall apply mutatis mutandis to measures taken on referral or forwarding and methods of notification, if a report of prohibited money, goods, etc. is referred or forwarded to the head of a relevant institution, a supervisory institution, the Board of Audit and Inspection, or an investigative agency, pursuant to subparagraphs (1) through (3) of Article 12, which apply mutatis mutandis pursuant to Article 21 (3).
Enforcement Ordinance
- Article 23 (Closure of Case, etc.)
@Article 14 shall apply mutatis mutandis where 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 can close a reported case.
Enforcement Ordinance
- Article 24 (Handling Delivered Money, Goods, etc.)
(1) Where the money, goods, etc. is delivered to 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 pursuant to the proviso to Article 9 (2) or Article 9 (6) of the Act, such money, goods, etc. shall immediately be photographed, or video-recorded.
(2) If, upon receipt of money, goods, etc., delivered pursuant to Article 9 (6) of the Act, the Anti-Corruption and Civil Rights Commission refers or forwards the case pursuant to Article 12 (1) through (3), which apply mutatis mutandis pursuant to Article 21 (3), it shall attach the delivered money, goods, etc., and photographs or videos made under paragraph (1). In such cases, the Anti-Corruption and Civil Rights Commission shall notify the person who delivered the money, goods, etc. of such referral or forwarding.
(3) If it is found in the results of an inspection, etc. that the money, goods, etc., delivered, referred, or forwarded pursuant to the proviso to Article 9 (2) of the Act, Article 9 (6) of the Act, or paragraph (2) of the Article, do not constitute prohibited money, goods, etc., the head of a relevant institution, a supervisory institution, the Board of Audit and Inspection, or an investigative agency shall return the money, goods, etc. to the person who has delivered them, unless otherwise expressly provided in other statutes.
(4) If it is deemed impracticable to take measures described in paragraph (2) or (3) because the delivered money, goods, etc. are subject to destruction, spoilage, decay, etc., 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 shall discard the money, goods, etc. with the consent of the person who delivered them.
- Article 10 (Restriction of Acceptance of Honoraria for Outside Lectures or Relevant Activities)
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(1) No public official or relevant person shall accept money in excess of the limits provided under Presidential Decree as an honorarium for a lecture, presentation, or contribution related to his or her duties or requested due to de facto influence arising from his or her position or responsibilities (hereinafter referred to as “outside lecture or relevant activity”) at a training course, promotional event, forum, seminar, public hearing, or any other meeting.
(2) If a public official or relevant person intends to conduct an outside lecture or relevant activity, he or she shall report, in writing, the details of the request for the outside lecture or relevant activity in advance to the head of the relevant agency as prescribed in Presidential Decree. Provided, that he or she need not report it if the request for the outside lecture or relevant activity is made by the State or a local government.
(3) A public official or relevant person may submit a written report on an outside lecture or relevant activity within two (2) days from the day when the outside lecture or relevant activity is finished should it be difficult to make a report on the outside lecture or relevant activity in advance under the provisions of Paragraph (2).
(4) A head of the relevant agency may restrict an outside lecture or relevant activity that a public official or relevant person reported under Paragraph (2) should it be deemed hindering the public official or relevant person from performing his or her duties uprightly.
(5) Should a public official or relevant person receive an honorarium exceeding the amount as prescribed by Paragraph (1), he or she shall report the said fact to the head of the relevant agency in accordance with Presidential Decree and immediately return the excess part to the provider.
Enforcement Ordinance
- Article 25 (Maximum Amount of Honoraria for Outside Lectures, etc., Acceptance of Which Is Restricted)
“Limits specified by Presidential Decree” in Article 10 (1) of the Act shall be as described in attached Table 2.
Enforcement Ordinance
- Article 26 (Report of Outside Lectures, etc.)
(1) A public servant, etc., intending to report outside lectures, etc. specified in Article 10 (1) of the Act (hereinafter referred to as “outside lecture, etc.”) pursuant to the main sentence of Article 10 (2) of the Act, shall submit to the head of a relevant institution documents containing the following:
1. Name, department, job class, and contact information of the reporting person;
2. Date, time, duration, and venue of the outside lecture, etc.;
3. Subject of the outside lecture, etc.;
4. Total amount of the honorarium and detailed statements;
5. The person/institution requesting the outside lecture, etc., name and contact information of a person in charge of the affairs regarding the outside lecture, etc.
(2) If the details and total amount of the honorarium are unknown in advance, the report should first be made on the rest of the matters and subsequently be supplemented within five days from the date the relevant matters are known.
Enforcement Ordinance
- Article 27 (Methods of Reporting, etc. of Excess Honorarium)
(1) If a public servant, etc. has received any honorarium exceeding the limits prescribed in Article 10 (1) of the Act (hereinafter referred to as “excess honorarium”), he/she shall report to the head of a relevant institution pursuant to Article 10 (5) of the Act within two days from the date he/she became aware of receipt thereof, in writing containing the following:
1. Matters to be reported under Article 26 (1);
2. Amount of the excess honorarium and whether the excess honorarium is returned.
(2) Upon receipt of a report described in paragraph (1), the head of the relevant institution shall confirm the report and, within seven days, calculate the amount of excess honorarium to be returned and notify the public servant, etc. who has not returned the excess honorarium.
(3) Upon receipt of the notification described in paragraph (2), the public servant, etc. shall return the excess honorarium (if the reporting person has already partially returned the excess honorarium, this is limited to the rest of the excess) without delay to the provider and notify the head of the relevant institution of the return.
Enforcement Ordinance
- Article 28 (Claim for Expenses for Return and Delivery)
If a public servant, etc. or his/her spouse has returned or delivered the money, goods, etc. pursuant to Article 9 (2) or (6) of the Act, or has returned the excess honorarium pursuant to Article 10 (5) of the Act, the public servant, etc. or his/her spouse may claim reimbursement of any expenses for the return from the head of the relevant institution, by providing materials evidencing the expenses.
- Article 11 (Restriction of Public Duty-related Actions by Private Persons Performing Public Duties)
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(1) Articles 5 through 9 shall apply mutatis mutandis to the performance of public duties by any of the following persons (hereinafter referred to as “private person performing public duties”):
1.A member of various committees established under the Act on the Establishment and Management of Councils, Commissions and Committees under Administrative Agencies, or any other Acts and subordinate statutes, who is not a public official;
2.A legal person, organization, or an organ or individual belonging thereto that has an authority delegated from a public institution under Acts and subordinate statutes;
3.An individual on assignment from the private sector to a public institution in order to perform public duties; and
4.An individual, legal person or organization that conducts deliberation or assessment in relation to public duties in accordance with Acts and subordinate statutes.
(2) When Articles 5 through 9 apply mutatis mutandis to private persons performing public duties under Paragraph (1), the term “public official or relevant person” shall be construed as “private person performing public duties” and the term “head of the relevant agency” shall be construed as “person who falls into any of the following categories”:
1.A member of a committee under Subparagraph (1)1: The head of the public institution under the jurisdiction of which the committee is established;
2.A legal person, organization, or organ or individual belonging thereto under Subparagraph 2 of Paragraph (1): The head of the supervisory body or public institution that delegates or entrusts the authority;
3.An individual under Subparagraph (1)3: The head of the public institution to which the individual is on assignment; and
4.An individual, legal person or organization under Subparagraph (1)4: The head of the public institution for which the said public duties are performed.
