청탁금지법상 공직자등의 직무와 관련한 금품등의 수수 금지

The case started when the accuser delivered a box of rice cake which is worth 45,000 won to a police officer who is in charge of the affair. Because it is considered that the accuser offered financial or other advantage not exceeding one million won to the police officer in connection with his duty, the accuser was charged a negligence fine of 90,000 won corresponding to the double amount of the financial or other advantage offered. 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. In addition, no one shall offer, promise to offer, or express any intention to offer, any unacceptable financial or other advantage to any public official or relevant person, or to his or her spouse. The Order adjudicated the accuser to be guilty of violating this rule by offering financial or other advantage to the police officer. 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 million won. The same punishment shall be applied when the financial or other advantage exceeds three million won in a fiscal year. In order to prevent the acceptance of financial or other advantage more effectively, it is necessary to reduce the upper limit of acceptable amount in a fiscal year. Public official or relevant person will be punished regardless of the relationship between such offer and his or her duties based on this rule. This characterizes the Improper Solicitation and Graft Act and that is why this law was established. 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. Public official or relevant person shall not accept, request, or promise to receive any financial or other advantage not exceeding one million won in connection with his/her duties. 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 as well. Therefore, it would be proper to delete the phrase "regardless of whether such offer is given in exchange of any favors" in order to make the interpretation of the law easier.