Jan 12, 2017

Korea's Improper Solicitation & Graft Act's Institutions and Individuals?: Scope of Application of Korea's Graft Act

The Scope of Application of the Improper Solicitation and Graft Act of Korea ("Graft Act") was a hotly contested issue that led to court challenges.  The Constitutional Court of Korea has upheld the Graft Act of Korea.

More details, including a list of articles on the Graft Law of Korea, may be found at: Improper Solicitation & Graft Act of Korea.

The Scope of Application is defined in Article 2 & Article 11 of the Bribery Act.  The Act applies to both Korean and foreign nationals.  The Act applies to foreign nationals, only, for prohibited acts within Korea and to Koreans for prohibited acts universe wide.




Summary of the Scope of Application of the Graft Act of Korea

Article 1(a) Institutions
  1. Highest Government Organs (National Assembly, Ordinary Courts, Constitutional Court)
  2. Other Government Organs (election commissions, Board of Audit and Inspection, Human Rights Commission)
  3. Central Government Administrative Agencies
  4. Local Governments
  5. Education Offices
  6. 318 Institutions under Article 1(a) of the Improper Solicitation and Graft Act of Korea
Article 1(b) Institutions
  1. Public Service Related Institutions
  2. 983 Institutions under Article 1(b) of the Improper Solicitation and Graft Act of Korea
Article 1(c) Institutions
  1. Public Institutions not covered under Article 1(b) institutions
  2. Two Institutions under Article 1(c) of the Improper Solicitation and Graft Act of Korea (321 institutions overlap with Article 1(b) institutions - omitted from this count
Article 1(d) Institutions
  1. Kindergartens
  2. Elementary, middle, high schools and others schools
  3. National, public and private universities
  4. Over 1000 Institutions under Article 1(d) of the Improper Solicitation and Graft Act of Korea
Article 1(e) Institutions
  1. TV & Radio Broadcasters
  2. Newspapers (print and online)
  3. Magazines
  4. Communication businesses (will have an article on this issue in the near future)
  5. Over 16,000 Institutions under Article 1(e) of the Improper Solicitation and Graft Act of Korea.
Article 11 Individuals 
  1. Individual that "improperly" solicited a public official; or
  2. Individual who offered "unacceptable" advantage. 
  3. Will have an article on "improper solicitations" and "unacceptable advantages" in the near future. 
Please check back frequently, we shall be writing articles on this issue over the next couple of weeks.  

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Sean Hayes may be contacted at: SeanHayes@ipglegal.com.

Sean is co-chair of the Korea Practice Team at IPG Legal. He is the first non-Korean attorney to have worked for the Korean court system (Constitutional Court of Korea) and one of the first non-Koreans to be a regular member of a Korean law faculty. Sean is ranked, for Korea, as one of only two non-Korean lawyers as a Top Attorney by AsiaLaw.  Sean is known for his proactive New York-style street-market advice and his aggressive and non-conflicted advocacy.  Sean works with some of the leading retired judges, prosecutors and former government officials working in Korea.

Sean's profile may be found at: Sean C. Hayes