Improper Solicitation and Graft Act

Improper Solicitation and Graft Act (colloquially, Kim Young-ran Act) is a 2016 anti-corruption law in South Korea. The bill is associated with Kim Young-ran, former head of the Anticorruption and Civil Rights Commission, who proposed it in August 2012, and is often referred to as the Kim Young-ran Act (or Law, or Bill).[1] The bill has also been translated as Anti-Corruption and Bribery Prohibition Act, through 'Improper Solicitation and Graft Act' is the official name[2][3]


Background

Further information: Corruption in South Korea

The law has been described in Financial Times as "aimed at widespread corruption".[4] A leading Korean newspaper noted in 2014 that "Korea is still lagging behind its peers in terms of transparency".[5]

According to the 2014 Corruption Perceptions Index, which annually ranks countries "by their perceived levels of corruption, as determined by expert assessments and opinion surveys," South Korea was ranked 43rd. This was the third highest rank in East Asia, behind Japan (15th) and Taiwan (35th).[6]

History

The law was passed by the South Korean parliament in March 2016 and after a hearing by the Supreme Court of South Korea went into force in September 2016.[7]

Impact

The law makes it illegal for public officials (including journalists, private school teachers and their spouses) to accept gifts of more than 50,000 won (~45 USD), 100,000 won (~90 USD) at closed events such as weddings and funerals, and limits dinner expenditures to 30,000 won (~27USD) per person.[3][7] In addition, the law also defines improper conduct without monetary gifts, related to people attempting to influence decisions of public officials.[4]

The law is seen as likely to clash to with Korean traditions, such as that the most senior person at social gathering should pay the entire bill. Another controversy surrounds traditional gift baskets during holidays such as Chuseok, which usually are priced at 70-80,000 won. Both of those customs are made illegal by the law.[4]

Some Korean lobby groups like Federation of Korean Industries have opposed the law, arguing that it could cause economic losses for Korean economy, negatively affecting spending in some industry sectors, like in the restaurants business.[4] The law has been also challenged by Korean Bar Association, the Journalists Association of Korea, representatives of Internet media, private schools and kindergartens who complained that the law defines public officials too broadly; their claims have been rejected by the Supreme Court of South Korea.[7] The court also addressed the criticisms which suggested it would negatively affect the economy, saying "Some argued that the law will discourage economic growth, but we have seen proof in advanced countries that a country advances when corruption decreases".[7]

Since the law came into force, many Korean officials reported that they are cancelling dinners, golfing hangouts, and splitting bills at cheaper cafeterias, which have seen increased number of customers.[8][9] On the other hand, higher end restaurants, flower shops and chauffeur services at business and government districts reported lower business.[9] Some officials also reported that they can return home earlier, spending more time with their families, as the number of work-related gatherings, often lasting until late hours, have been sharply curtailed.[9]

A survey in early October 2016 showed that the law is supported by 71% of polled Koreans.[10]

See also

Korean Wikisource has original text related to this article:

References

  1. ↑ "The "Kim Young-ran Act," a Ban on Bribery and Solicitation: Lawmakers to Pass the Bill on January 12". Retrieved 2016-11-18.
  2. ↑ "Anti-corruption & Civil Rights Commission". www.acrc.go.kr. Retrieved 2016-11-21.
  3. 1 2 Diplomat, Maximilian Ernst, The. "South Korea's New Anti-Graft Law: A Diplomatic Question". The Diplomat. Retrieved 2016-11-18.
  4. 1 2 3 4 Ogura, Kentaro. "South Korea's new graft law strikes deep into corporate culture". Fiancial Times.
  5. ↑ "Korea ranks 43rd in corruption-perceptions index". koreatimes. 2014-12-03. Retrieved 2016-11-21.
  6. ↑ Transparency International e.V. "2014 Corruption Perceptions Index -- Results". transparency.org.
  7. 1 2 3 4 "Constitutional Court upholds antigraft law". Korea JoongAng Daily. Retrieved 2016-11-18.
  8. ↑ Herald, The Korea (2016-09-29). "Extreme caution prevails toward anti-graft law". Retrieved 2016-11-23.
  9. 1 2 3 "(News Focus) Anti-graft law changes dining scene, gift culture". Yonhap News Agency. Retrieved 2016-11-23.
  10. ↑ YAMADA, KENICHI (October 9, 2016). "71% of South Koreans support anti-graft law". Nikkei Asian Review.
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