ACRC Publishes English Version of Compilation of Authoritative Interpretations of the Improper Solicitation and Graft Act for Foreign Expatriates Residing in Korea

The English Version to be Distributed to Foreign Chambers of Commerce, Embassies and Corporations in Korea, etc. and Downloadable in the ACRC’s Web Page from May 10

April 30, 2019

Anti-Corruption and Civil Rights Commission

The Republic of Korea

The Anti-Corruption and Civil Rights Commission (ACRC, Chairperson Pak Un Jong) plans to publish the English version of a compilation of authoritative interpretations of the Improper Solicitation and Graft Act (the “Anti-Graft Act”) and distribute it to about 500 institutions, including foreign chambers of commerce, foreign corporations and embassies in Korea, and international anti-corruption organizations, in May this year.

Last November, the ACRC produced a compilation of cases of authoritative interpretations regarding the Anti-Graft Act after analyzing 20,000 or more accumulated cases for which authoritative interpretations have been requested since the Anti-Graft Act first took effect and reflecting the revisions made to the Enforcement Decree of the Anti-Graft Act (January 17, 2018) and distributed it to approximately 1,500 public institutions across the nation. The English edition of the compilation was created for the purpose of enabling foreign chambers of commerce and foreign corporations, etc. in Korea that find it difficult to use the Korean language to utilize it more easily.

The Anti-Graft Act applies to both Koreans and foreigners who reside in the territory of Korea based on the principle of territorial privilege for jurisdiction and to Korean public officials working abroad, etc. according to the nationality principle.

* The nationality principle is a tenet that recognizes the right of a country to apply its national laws to all its nationals based on the nationality even if the nationals violate sovereign laws in another country, and the territoriality principle is a principle under which a country can exercise jurisdiction over actions committed within its borders regardless of whether a person who committed the actions is a national or non-national of the country.

Since the implementation of the Anti-Graft Act, 210 or so cases have been submitted to the ACRC for its authoritative interpretations by foreign companies doing business in Korea and foreign embassies in Korea, etc., and the cases inquiring about whether it is possible to provide transportation/ accommodation or food and beverages to public officials, etc. attending official events organized by the companies or embassies concerned took up the largest proportion out of the total cases received by the ACRC, amounting to 68 cases. According to an analysis, it is because most of the agencies that made inquiries often hold official events such as product demonstration or launching ceremonies and other various diplomatic events, etc.

The English version will be publicly available online in the ACRC’s web page (www.acrc.go.kr) from May 10 and can be downloaded by clicking ‘Anti-Corruption’ → ‘Resources’ → ‘Anti-Graft Act Interpretations and Promotion’.

The Chairperson Pak Un Jong of the ACRC said, “I hope that the English version of the compilation of the authoritative interpretations of the Anti-Graft Act to be published in May will serve as a useful guideline for Korean public officials, etc. and foreign businesspeople conducting business in Korea, those working for the foreign chambers, and employees of foreign embassies in Korea, etc. to better understand the contents of the Anti-Graft Act and apply them directly to their various duty-related circumstances.”