「부정청탁 및 금품등 수수의 금지에 관한 법률」에 관한 연구 - 금품등의 수수금지를 중심으로 -

The improper Solicitation and Graft Act includes the Prohibition of Improper Solicitations and the Prohibition of Acceptance of Financial or other Advantages. Public official or relevant person shall not accept unacceptable financial or other advantage and shall not accept, request, or promise to receive as well. Regulating such limitation intends identical goal as the Criminal Act's Aceeptance of Bribe. The Improper Solicitation and Graft Act applies different amount of fine depending on the value of the financial or other advantages received by public official or relevant person. If the value of financial or other advantage exceeds one million won at a time, the recipient shall be punished regardless of the relationship between such offer and his or her duties by imprisonment for not more than three years or by a fine not exceeding 30 milion won. Public official or relevant person will be punished regardless of the relationship between such offer and his or her duties based on this rule. However, in the Criminal Act, a public official will not be punished for accepting bribe as long as receiving, demanding or promising to accept a bribe is not in connection with his/her duties. From now on, public official or relevant person shall be prohibited to receive, demand or promise to accept a bribe regardless of the relationship between such offer and his or her duties, and the motive for such offer, including contribution, sponsorship, donation, etc. Not only any direct acceptance of financial or other advantages by a public official or relevant person but also redirecting such act to a third party shall be prohibited. No public official or relevant person shall accept, request, or promise to receive, any financial or other advantage not exceeding the amount prescribed by Paragraph (1) in connection with his or her duties, regardless of whether such offer is given in exchange of any favors. This law applies, in connection with his or her duties, regardless of whether such offer is given in exchange of any favors. Criminal Act's Acceptance of Bribe shall be additionally applied if such an act was in connection with his or her duties and such offer was given in exchange of any favors. It has been pointed out that the statement of “regardless of whether such offer is given in exchange of any favors” of this law resulted in a difficult interpretation of The Improper Solicitation and Graft Act. Therefore, the Improper Solicitation and Graft Act anticipates a public official or relevant person would receive financial or other advantages in connection with his or her duties, yet without an exchange of any favors. In this case, such an act corresponds to a violation of public order, such person shall be subject to a fine for negligence of two to five times the value of the financial or other advantage related to the violation.