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The Cabinet Passe Revision Bill of the Enforcement Decree of the Improper Solicitation and Graft Act

  • Date2023-09-26
  • Hit789

The Cabinet Passed Revision Bill of the Enforcement Decree of the Improper Solicitation and Graft Act to Enforce Starting Sep. 30

The price ceiling for agricultural, livestock, fishery and related processed products to be raised (from 100,000 won to 150,000 won, from 200,000 won to 300,000 won during Lunar New Year and Chuseok holiday)

Mobile gift vouchers and concert tickets to be included in the list of prohibited gifts under the revision

During the period of Chuseok holiday (Sept. 5th – Oct. 4th), the value limits for agricultural, livestock, fishery and related processed products to be doubled

(Aug. 29, 2023, ACRC)

The value limits for agricultural, livestock, fishery and related processed products that are permissible as exceptions for gifts public servants, etc. can receive under the Improper Solicitation and Graft Act will be raised from the current 100,000 won to 150,000 won (200,000 won to 300,000 won during Lunar New Year and Chuseok holiday season), and mobile gift vouchers and concert tickets will also be included in the list of prohibited gifts.

The Anti-Corruption and Civil Rights Commission (ACRC, Chairperson Kim Hong-Il) announced that a revision bill of the Enforcement Decree of the Improper Solicitation and Graft Act* to adjust the price ceilings for gifts was passed on Aug. 29 in the Cabinet meeting and that the revised Decree was promulgated and enforced starting Aug. 30.

* The Enforcement Decree of the Improper Solicitation and Graft Act stipulates the value limits on gifts, etc. offered for purposes of facilitating performance of duties, social relations, or aid

The major revisions include: first of all, raising the value limits on gifts that are agricultural, livestock and fishery products including processed products thereof. currently, public servants are allowed to accept gifts of agricultural, livestock and fishery products including related processed products the value of which falls within the limits of 100,000 won (200,000 won during Seollal and Chuseok) as exceptions, but from now on, the limits are raised to 150,000 won (300,000 won during Seollal and Chuseok).

The holiday season provision applies starting 24 days before Seollal and Chuseok holiday until five days afterward*. This year’s Chuseok holiday is on Sept. 29, and the time period is applied from Sept. 5 to Oct. 4.

* In case where gifts are mailed during this period but received after it, the time period will be extended to the date of receipt of the gifts (Paragraph 2 of Article 17 of the Enforcement Decree of the Improper Solicitation and Graft Act)

In addition, the scope of acceptable gifts is expanded. Only goods were acceptable under the law before the revision, but from now on, goods/service vouchers other than goods are included in the list of permissible gifts, but gift certificates including those for department stores which can be cashed are not included in the list.

On Aug. 21, the ACRC held the Plenary Committee and passed the revision bill of the Enforcement Decree to adjust regulations that are isolated from changing socioeconomic situations and consumption patterns of the public such as a culture of untact gift-giving to be more rationalized with values of fairness and integrity embedded in the Improper Solicitation and Graft Act adhered.

This revision aims to support the agricultural, livestock and fisheries industries struggling with difficulties arising from natural disasters such as deadly floods and typhoons which have become annual events, economic recession and inflation.

Public servants should be aware that they are prohibited from receiving any kinds of money, goods, or gifts, etc. in relation to their duties under the Improper Solicitation and Graft Act, unless such money, goods or gifts are offered for purposes of facilitating performance of duties, social relations or aid within the limits prescribed by law.

The ACRC plans to provide public servants, etc. with a guide so that they can fully understand the revision and avoid violations of the law, while actively promoting the revised bill to the public through various means such as media, broadcasting and SNS.

As a national corruption control tower in charge of general anti-corruption legislations in Korea, the ACRC is committed to exerting all-out efforts to make the Improper Solicitation and Graft Act established as an effective anti-corruption code of conduct in people’s everyday lives by thorough monitoring the effectiveness of the legislation under the unwavering strict and stern stance based on the principle of zero-tolerance towards corruption and respecting the public aspiration to a fair and transparent society in pursuit of the value of integrity, which is the legislative purpose of the Improper Solicitation and Graft Act.

 

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