The Improper Solicitation and Graft Act [See entire ACT]

Chapter 4: Overall Management of Duties Pertaining to Prevention of Improper Solicitations and Acceptance of Financial or other Advantages

Article 12 (Overall Management of Duties Pertaining to Prevention of Improper Solicitations and Acceptance of Financial or other Advantages)

The Anti-Corruption and Civil Rights Commission shall take charge of the duties pertaining to the following subparagraphs, under this Act:

1.The improvement of systems for prohibiting improper solicitations and for prohibiting or restricting the acceptance of financial or other advantages, as well as the establishment and implementation of related training and promotion plans;

2.The formulation and dissemination of the criteria for categorizing and determining improper solicitations and unacceptable financial or other advantages, standards for their preventive measures, etc.;

3.The guidance and consultation, as well as receiving and processing of reports on improper solicitations and unacceptable financial or other advantages;

4.The protection of and rewards to reporting persons or cooperators; and

5.The conduct of the fact-finding investigation as well as the collection, management, analysis, etc., of the materials necessary for carrying out the duties described in Subparagraphs 1 through 4.

Enforcement Ordinance

Article 41 (Establishment, Operation, etc. of Information System)

(1) The Anti-Corruption and Civil Rights Commission may establish and operate an information system to efficiently conduct the affairs described in Article 12 of the Act.

(2) The Anti-Corruption and Civil Rights Commission may request the head of a public institution to enter data necessary for conducting affairs described in Article 12 of the Act, into the information system described in paragraph (1).

Article 13 (Reporting of Violations)

(1) Anyone who discovers a violation of this Act has taken place or is taking place, may report it to the following authorities:

1.The public institution where the violation of the Act occurs or its supervisory body;

2.The Board of Audit and Inspection or other investigative authority; or

3.The Anti-Corruption and Civil Rights Commission.

(2) No who reports pursuant to Paragraph (1) shall receive protection or rewards under this Act in any of the following cases:

1.In the event the report was filed even though the reporting person had known or could know that the information in the report was false;

2.In the event that the reporting person demanded a financial or other advantage or special privilege within the context of the employment relationship in return for the reporting; and

3.In the event that the report was filed for some other improper purpose.

(3) An individual who intends to submit a report under Paragraph (1) shall submit in writing his or her personal details along with the purport, purpose, and details of the report; sign the written report; and at the same time identify the suspected violator and provide evidence of a violation.

Enforcement Ordinance

Article 29 (Report of Violation of the Act)

Anyone intending to report any completed or ongoing violation of the Act pursuant to Article 13 (1) of the Act shall submit, to the public institution where such violation occurs, a supervisory institution, the Board of Audit and Inspection, an investigative agency (hereinafter referred to as “inspection agency”) or the Anti-Corruption and Civil Rights Commission, documents containing the following:

1. Personal details of the reporting person;

(a) Name, resident registration number, address, occupation, contact information;

(b) Other personal details identifying the reporting person;

2. Personal details of the violator:

(a) Where the person is an individual: name, contact information, occupation, and other personal details identifying the violator;

(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 violation of the Act;

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

Enforcement Ordinance

Article 30 (Confirmation, etc. by Inspection Agency on Report of Violations of the Act)

(1) An inspection agency in receipt of a report pursuant to Article 13 (1) of the Act shall confirm the following:

1. Details to specify the report, such as the matters set forth in the subparagraphs of Article 29;

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;

4. Whether the reporting person consents to disclosure or implication of his/her identity (hereinafter referred to as “disclosure of identity”) in the course of processing the report.

(2) When an inspection agency confirms whether a reporting person consents to the disclosure of identity pursuant to paragraph (1) 4, the inspection agency shall explain to the reporting person the procedures for processing the report and disclosing the identity.

(3) If a report made pursuant to Article 13 (1) of the Act does not fully provide details to specify the report as described in paragraph (1) 1 of this Article, the inspection agency may have the reporting person supplement the report within a set period.

Enforcement Ordinance

Article 31 (Measures, etc. by Inspection Agency on Reported Violations of the Act)

@Articles 5, 6, and 9 shall apply mutatis mutandis to measures taken by an inspection agency in receipt of a report described in Article 13 (1) of the Act, including inspection of the report of a violation of the Act, and the period, methods, etc. of notification.

Enforcement Ordinance

Article 32 (Confirmation by the Anti-Corruption and Civil Rights Commission on Reported Violations of the Act)

@Article 30 shall apply mutatis mutandis to matters to be confirmed by the Anti-Corruption and Civil Rights Commission with regard to any report received pursuant to Article 13 (1) of the Act, explanation to the reporting person, and supplementation of details of the report.

Enforcement Ordinance

Article 33 (Handling, etc. by the Anti-Corruption and Civil Rights Commission of Reported Violations of the Act)

(1) The Anti-Corruption and Civil Rights Commission in receipt of a report pursuant to Article 13 (1) of the Act shall confirm the matters set forth in the subparagraphs of Article 30 (1) within 60 days from the date of the receipt (where it is necessary to supplement details of the report, such date means when such supplementation is completed pursuant to Article 30 (3)), 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 details of a report, 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 13 (1) of the Act, to the head of a 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 documents stating the matters confirmed under the subparagraphs of Article 30 (1) (excluding personal details if the reporting person disagrees to the disclosure of identity) and notify the reporting person of the referral or forwarding.

(5) Where the Anti-Corruption and Civil Rights Commission is notified by an inspection agency of the results of inspection, etc. pursuant to Article 34 (2), it shall notify the reporting person, who disagreed to disclosure of identity, of the results of the inspection, without delay.

Enforcement Ordinance

Article 34 (Handling Referral or Forwarding by Inspection Agency)

(1) An inspection agency shall complete the necessary inspection, etc. within 60 days from the date of receipt of a report of a violation of the Act, which is referred or forwarded pursuant to Article 33 (1) through (3), and take necessary measures on the results of the inspection, etc. as follows: 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:

1. Measures taken by the head of a relevant institution:

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

(b) Where an administrative fine should be imposed: Notification to the court having jurisdiction over administrative fines;

(c) Where disciplinary action should be taken: Initiation of disciplinary procedures;

2. Measures taken by a supervisory institution 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;

3. 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.

(2) If a report of a violation of the Act is referred or forwarded to an inspection agency, the inspection agency shall notify the reporting person (this does not apply if the reporting person disagrees to the disclosure of identity and the report is referred or forwarded without any information on the reporting person) and the Anti-Corruption and Civil Rights Commission of the results of the inspection, etc., in writing, within 10 days from the date the inspection, etc. is completed.

(3) The results of the inspection, etc. notified by an inspection agency pursuant to paragraph (2) 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 35 (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.

Article 14 (Processing of Reports)

(1) An agency prescribed in Subparagraph 13(1)1 or 2 (hereinafter referred to as “investigative agency”) that receives a report in accordance with Paragraph (1) of the same Article, or receives a report transferred from the Anti-Corruption and Civil Rights Commission in accordance with Paragraph (2) of the same Article shall conduct the necessary examination, inspection or investigation of the information in the report.

(2) Upon receiving a report in accordance with Paragraph 13(1), the Anti-Corruption and Civil Rights Commission shall first verify the details of the report from the reporting person, then transfer the case to an investigative agency as prescribed by Presidential Decree and notify the reporting person of such fact.

(3) The investigative agency shall notify the reporting person and the Anti-Corruption and Civil Rights Commission of its findings within ten days of the day that the examination, inspection or investigation under Paragraph (1) is completed (applicable only when the case was transferred from the Anti-Corruption and Civil Rights Commission), and then, based on the results of the examination, inspection or investigation, take the necessary follow-up measures, such as filing an indictment, issuing a notification of a violation subject to a fine for negligence, or taking a disciplinary action.

(4) Upon notification of the results of an examination, inspection or investigation conducted by the investigative agency in accordance with Paragraph (3), the Anti-Corruption and Civil Rights Commission shall immediately inform the reporting person of the results of the examination, inspection, or investigation.

(5) Upon notification of the results of an examination, inspection, or investigation in accordance with Paragraph (3) or (4), the reporting person may file an appeal with the investigative agency, and the reporting person notified of the results of an examination, inspection or investigation in accordance with Paragraph (4), may also file an appeal with the Anti-Corruption and Civil Rights Commission.

(6) Should the results of the investigative agency’s examination, inspection or investigation be deemed unsatisfactory, the Anti-Corruption and Civil Rights Commission may request the investigative agency to reexamine the case within thirty days after receiving the results of the examination, inspection, or investigation.

(7) The investigative agency that receives a reexamination request pursuant to Paragraph (6) shall notify the Anti-Corruption and Civil Rights Commission of the results within seven days after completing the reexamination. Upon receipt of such results, the Anti-Corruption and Civil Rights Commission shall immediately provide the reporting person with a summary of the reexamination.

Enforcement Ordinance

Article 36 (Filing Appeals against Action Taken on Reports of Violations of the Act)

(1) If a reporting person intends to file an appeal pursuant to Article 14 (5) of the Act, he/she may apply in writing by submitting an application stating the details and purport of the appeal along with necessary materials attached, within seven days from the date he/she was notified of the results of the inspection, etc., pursuant to Article 14 (3) or (4) of the Act.

(2) Upon receipt of an application for appeal pursuant to Article 14 (5) of the Act, an inspection agency or the Anti-Corruption and Civil Rights Commission shall give a notification of its decision on the appeal within thirty days from the date of the receipt of the application.

(3) No further appeal can be filed against the notification of decision on the application for appeal described in paragraph (2) and the notification of results of the reinspection described in Article 14 (7) of the Act.

Enforcement Ordinance

Article 37 (Notification of Initiation and Completion of Investigation)

When an investigative agency initiates an investigation, suspecting a crime upon a report of a violation of the Act, etc., and when it completes such investigation, the investigative agency shall notify within 10 days the public institution to which the relevant public servant, etc. belongs.

Enforcement Ordinance

Article 38 (Measures, etc. to Protect Personal Details)

If a person reports without agreeing to disclosure of identity, an inspection agency shall take measures necessary to prevent disclosure of identity of the reporting person in the course of inspection, etc.

Enforcement Ordinance

Article 39 (Establishment and Operation of Integrity Consultation Committee)

(1) The head of a public institution may establish an integrity consultation committee in order to review the following:

1. Matters regarding disclosure of improper solicitation as provided for in Article 7 (7) of the Act;

2. Matters regarding action and measures taken on reports of an improper solicitation and the prohibited money, goods, etc., as provided for in Articles 7, 9, and 14 of the Act;

3. Matters regarding recommendation of a person eligible for a monetary award as provided for in Article 40;

4. Other matters the head of a public institution deems necessary for enforcing the Act.

(2) Details necessary for organizing and operating the integrity consultation committee under paragraph (1) shall be determined by the head of the public institution.

Article 15 (Protection of and Rewards to Reporting Persons or Cooperators)

(1) No one may hinder anyone from filing any of the following reports, etc. (hereinafter referred to as "report, etc.") or coerce anyone who submitted a report, etc. (hereinafter referred to as "reporting person, etc.") into withdrawing such report, etc.:

1. Reports set forth in Article 7 (2) and (6);

2. Reports or delivery set forth in Article 9 (1), the proviso to Article 9 (2), and Article 9 (6);

3. Reports set forth in Article 13 (1);

4. Cooperation in the form of statements, testimony, provision of evidentiary materials, or other assistance, provided by a person other than those who reported pursuant to subparagraphs 1 through 3 during the course of: an inspection, an audit, an investigation, or a lawsuit regarding reports; or an inspection or a lawsuit regarding protective measures, etc.

(2) No one may take any disadvantageous measure (this refers to the disadvantageous measure described in subparagraph 6 of Article 2 of the Protection of Public Interest Reporters Act; hereinafter the same shall apply) against any reporting person, etc. on the grounds of the report, etc.

(3) Criminal punishment, administrative fines, disciplinary actions, or other administrative dispositions imposed on a violation of this Act may be mitigated or remitted, if the violator voluntarily reports his/her violation or if a violation of this Act, committed by the reporting person, etc. is discovered as a result of his/her report, etc.

(4) Articles 11 through 13, Article 14 (3) through (5), and Articles 16 through 25 of the Protection of Public Interest Reporters Act shall apply mutatis mutandis to protection, etc. of reporting persons, etc., except as provided in paragraphs (1) through (3). In such cases, “public interest reporter, etc.” shall be construed as “reporting person, etc.”; and “public interest report, etc.” shall be construed as “report, etc.”

(5) If a report filed pursuant to Article 13 (1) either contributes to financial benefit or prevents any financial loss to a public institution; or if it enhances the public interest, the Anti-Corruption and Civil Rights Commission may pay a monetary award to the reporting person, etc.

(6) If a report filed pursuant to Article 13 (1) directly brings recovery of revenue, increase in revenue, or cost reduction for a public institution, the Anti-Corruption and Civil Rights Commission must pay a monetary reward to the reporting person at his/her request.

(7) Articles 68 through 71, 70-2, and 71 of the Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission, shall apply mutatis mutandis to requests for or payment of monetary awards and rewards, described in paragraphs (5) and (6). In such cases, “reporter” shall be construed as “person who reported pursuant to Article 13 (1)”; and “report filed pursuant to this Act” shall be construed as “report filed pursuant to Article 13 (1).”

Enforcement Ordinance

Article 40 (Recommendation, etc. of Persons Eligible for Monetary Awards)

(1) Where a person reporting violations of the Act is eligible for a monetary award as provided for in Article 15 (5) of the Act, an inspection agency may recommend such person to the Anti-Corruption and Civil Rights Commission.

(2) When the inspection agency recommends pursuant to paragraph (1), it shall submit relevant materials so that the Anti-Corruption and Civil Rights Commission can verify grounds for the monetary award.

(3) Upon receipt of a recommendation pursuant to paragraph (1), the Anti-Corruption and Civil Rights Commission may contact the inspection agency, persons having an interest therein, and persons having information, etc. and verify grounds for monetary awards, in order to determine on the payment of the monetary award.

(4) If necessary, the Anti-Corruption and Civil Rights Commission may select and provide a person with a monetary award, without receiving a recommendation under paragraph (1).

Article 16 (Measures for Dealing with Unlawful Performance of Duties)

Should a public official or relevant person be found to have been in violation of the provisions of Article 5, 6, or 8 during or subsequent to the performance of his or her duties, the head of the public institution shall take necessary measures, such as suspension or cancellation of the duties.

Article 17 (Recovery of Improper Benefits)

Should the unlawfulness of the duties of a public official or relevant person performed in violation of the provisions of Article 5, 6, or 8 be verified, the head of the public institution shall recover the money, article or other financial benefit that has already been paid or handed over to the other party of those duties.

Article 18 (Prohibition on Divulgence of Confidential Information)

No public officials or relevant persons who are performing or have performed duties that fall under any of the following subparagraphs shall divulge any confidential information of which he or she has become aware in the course of performing such duties. Provided, that this shall not apply in cases of public disclosure prescribed in Paragraph 7(7).

1.Duties related to the receiving and processing of reports on improper solicitations under Article 7; and

2.Duties related to the receiving of reports on and disposal of unacceptable financial or other advantages under Article 9.

Article 19 (Training and Promotion)

(1) The head of each public institution shall provide public officials and relevant persons with regular training on matters concerning the prohibition of improper solicitations and acceptance of financial or other advantages, and shall receive from them signed pledges of compliance.

(2) The head of a public institution shall guide the public in complying with this Act by actively providing information on the items that are prohibited herein.

(3) When necessary, the head of a public institution may request the support of the Anti-Corruption and Civil Rights Commission in the implementation of educational and promotional activities prescribed in Paragraphs (1) and (2). In such cases, the Anti-Corruption and Civil Rights Commission shall cooperate proactively.

Enforcement Ordinance

Article 42 (Training, etc.)

(1) Pursuant to Article 19 (1) of the Act, the head of a public institution shall formulate annual plans for training on the prohibition of improper solicitations and acceptance of money, goods, etc.

(2) Plans for training described in paragraph (1) shall contain information on the trainees, details, methods, etc. of the training.

(3) Pursuant to Article 19 (1) of the Act, the head of a public institution shall provide training for public servants, etc. at least annually; and, when newly employing any public servants, shall receive from them signed pledges of compliance with statutes governing prohibition of improper solicitations and acceptance of money, goods, etc.

(4) To provide support pursuant to Article 19 (3) of the Act, the Anti-Corruption and Civil Rights Commission may formulate and implement plans for support, such as training professional lecturers; developing and distributing standard training materials and lecture programs; providing collective training at an integrity training institute, etc.

Article 20 (Designation of Officers in Charge of Prohibition of Improper Solicitations and Relevant Duties)

The head of a public institution shall designate among the public officials or relevant persons who belong thereto, an officer in charge of the prohibition of improper solicitations, and each of the following relevant duties:

1.Training and consultation on matters concerning the prohibition of improper solicitations and acceptance of financial or other advantages;

2.Receiving and processing reports and requests pursuant to this Act and examining the details thereof; and

3.Notifying the courts or investigative authorities upon the detection of violations of this Act by the head of the relevant agency.

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

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