Go to contents

Flaws in the Kim Young-ran Act

Posted October. 12, 2016 08:54,   

Updated October. 12, 2016 08:59

한국어

During the National Assembly inspection chaired by the National Policy Commission on Monday, a series of questions were raised regarding Anti-Corruption and Civil Rights Commission Chairman Sung Yung-hoon’s remarks that even a small gift of student can be illegal under the Improper Solicitation and Graft Act, also known as the Kim Young-ran Act. “Isn’t it too harsh that buying carnations on Teacher’s Day as a token of gratitude is against the law?” said Rep. Kim Yong-tae. “What is the basis of prohibiting buying a canned coffee for professor or preparing a lunchbox for teacher on a field trip day?” Amid chaos in every corner of society due to the Anti-Corruption and Civil Rights Commission‘s over-interpretation of the Kim Young-ran Act, which went into effect two weeks ago, such controversy finally caught the attention of National Assembly members and sparked dispute.

Rep. Kim added that the concept of “job relevance” was not even introduced during discussion about the original law at the National Assembly while he was serving as the administrative secretary of the National Policy Commission during the 19th National Assembly. He was one of the leading members of the Assembly that passed the law. In addition, even Kim Young-ran, the former chief of the Anti-Corruption and Civil Rights Commission who proposed the law, complained she “did not come up with the concept of job relevance” back then when she prepared for the draft. She further criticized that the law after all became “much complicated.” In his response, Sung said even though a canned coffee was illegal based on “job relevance”, punishment looked unlikely as it was a minor case. How irresponsible it is that he comes up with highly inflexible interpretation using something that was not even a part of the original version and says no punishment.

During the inspection, it was commented that nine employees of the Anti-Corruption and Civil Rights Commission are handling about as much as 360 consultation requests a day, which are too much. In addition, according to the question and answer book of the Anti-Corruption and Civil Rights Commission, strategy and finance minister is allowed to receive meals under 30,000 won, or 27 U.S. dollars. On the other hand, other manual indicates that public servants in the financial institutions are not allowed to receive meals under 30,000 won. Sung could not answer when asked about the difference between the minister and other employees. The Ministry of Strategy and Finance said “budget-slip” from assembly member or local community leader would be regarded as illegal solicitation, while the Anti-Corruption and Civil Rights Commission said it would be accepted as long as it was intended for common good. Again, it only confuses us. The Anti-Corruption and Civil Rights Commission should be blamed for failure in staff augmentation and precise interpretation after wasting one year and a half before the law finally takes effect, not avoiding further confusion.

President Park Geun-hye has demanded elimination of side effects of the Kim Young-ran Act as much as possible, saying the law was not intended to put regulations on healthier relationships during the cabinet meeting on Monday. It was a good thing to say against the backdrop that we face some controversies already. As she noted, we have heard about some positive feedbacks but they are overshadowed by much chaos and confusion. I wonder if the Kim Young-ran Act can correct the wrong attitude of the Anti-Corruption and Civil Rights Commission enjoying near absolute power over public officials.