The Scope of Application of the Improper Solicitation and Graft Act of Korea (“Graft Act”) was a hotly contested issue that led to Korean 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
- Highest Government Organs (National Assembly, Ordinary Courts, Constitutional Court)
- Other Government Organs (election commissions, Board of Audit and Inspection, Human Rights Commission)
- Central Government Administrative Agencies
- Local Governments
- Education Offices
- 318 Institutions under Article 1(a) of the Improper Solicitation and Graft Act of Korea
- Public Service Related Institutions
- 983 Institutions under Article 1(b) of the Improper Solicitation and Graft Act of Korea
- Public Institutions not covered under Article 1(b) institutions
- 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
- Elementary, middle, high schools and others schools
- National, public and private universities
- Over 1000 Institutions under Article 1(d) of the Improper Solicitation and Graft Act of Korea
- TV & Radio Broadcasters
- Newspapers (print and online)
- Communication businesses (will have an article on this issue in the near future)
- Over 16,000 Institutions under Article 1(e) of the Improper Solicitation and Graft Act of Korea.
- Individual that “improperly” solicited a public official; or
- Individual who offered “unacceptable” advantage.
- Will have an article on “improper solicitations” and “unacceptable advantages” in the near future.
- Korea’s Improper Solicitation and Graft Act: Kim Young-ran Act
- Korea’s Anti-corruption/Anti-Graft Law: Kim Young-ran Law Implementation in Korea
- U.S. Foreign Corrupt Practice Act Basics for Korean-based Business Enterprises
- Rights of “Non-Registered” Shareholders in Korea
- Korea’s Real Name Transaction Act Strengthened: Korea’s Banking Law Basics
- Involuntary Dissolution of a Company in Korea: Shareholder Disputes in Korean Companies
- Foreign Account Tax Compliance Act (FACTA) in Korea
- Korea Increases the List of Serious Crimes in the Act on Regulation and Punishment of Criminal Proceeds Concealment
- Korea’s Competitive Advantage Shrinking: Korea’s Education System to Blame? by Tom Coyner
- Bithump Crypto-Currency Exchange in Korea to Ban Trading in 11 Countries