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Revised draft of the “Act on the Prevention of Corruption and the Establishment and Management_

Date
14-01-2022

Revised draft of the “Act on the Prevention of Corruption and the Establishment and Management of the Anti-corruption and Civil Rights Commission,” which significantly enhances confidentiality, protection, and reward of corruption reporters, passed by the National Assembly at the plenary session on Dec. 9th.

 

- Implementation of the system of non-real name proxy representation for corruption reports

- Expansion of the range of culpability mitigation and payment of relief money

 

It is going to be possible for people to make a corruption report by proxy through an attorney-at-law without a real name. The ranges of culpability mitigation and payment of relief money are also going to be expanded for corruption reporters.

 

The Anti-Corruption and Civil Rights Commission (Chairperson Hyun-Heui Jeon, hereinafter ACRC) revealed that on December 9, the National Assembly at the plenary session passed the revised draft of the “Act on the Prevention of Corruption and the Establishment and Management of the Anti-corruption and Civil Rights Commission” which significantly enhances confidentiality, protection, and reward of corruption reporters.

 

The revised draft introduced a system for non-real name proxy representation reporting, which enables a corruption reporter to make a report with the name of an attorney-at-law and not disclosing the reporter’s personal information, to nurture an environment where people can freely make a corruption report without fear. Currently, it is possible for a public interest report to be made by non-real name proxy representation through an attorney-at-law.

 

In addition, the draft Act expanded the range of culpability mitigation for corruption reporters so that if a criminal act of a reporter is found in connection with the report, not only the criminal punishment and disciplinary action but also the administrative disposition of the person may be mitigated. The Act also lays the legal ground for the ACRC to require the concerned agency to mitigate the culpability of the reporter.

 

In addition, at present, the relief money* is provided to a reporter only for the expenses of the lawsuit (lawyer expense, etc.) regarding the reinstatement from discharge, etc. due to the report. However, the revised act has expanded the range of payment to the expenses of all lawsuits such as defamation or false accusation due to the report.

* Money to be provided to a reporter to compensate for economic losses if the reporter suffers economic losses or damages such as expenses incurred in lawsuits, transference or treatment, or wage loss due to the report

 

In addition, the Act has made it mandatory for public institutions to give a person dismissed for corruption prior notice of the system to restrict re-employment, to prevent the person dismissed for corruption from being employed by a restricted institution without knowing that the institution is subject to the restriction on employment of a person dismissed for corruption.

 

The system to restrict re-employment bans any public official who mandatorily retires or is dismissed or discharged from office or a former public official who is sentenced a fine of more than 3 million won for committing an act of corruption in connection with his or her duties while in office, from being employed by public institutions or for-profit private enterprises related to the public duties of the institution to which he or she belonged, for five years from the date he or she retires.

 

The Act has also laid the legal ground for the ACRC to request an inspection to other supervisory agencies such as the concerned administrative agency in addition to the Board of Audit and Inspection, if in dealing with a complaint the ACRC finds out that an employee of the concerned administrative agency conducted his or her duty in an unlawful or unjust manner intentionally or by gross mistake.

 

In the meantime, the National Assembly also passed the revised draft of the Improper Solicitation and Graft Act that increases the range of the allowed amount of money up to twofold for gifts of agricultural and livestock products during the holiday seasons of the Lunar New Year and Chuseok.

 

Chairperson Jeon stated, “As the revised draft has passed the plenary session of the National Assembly, it will contribute to creating an environment where people can make a corruption report without fear, since the Act will provide more enhanced support and protection to corruption reporters in terms of confidentiality, mitigation of culpability, and relief money, etc.” She also added, “The ACRC will push ahead subsequent legislation measures as soon as possible, including the revision of the enforcement decree, to ensure the protection of corruption reporters.”