The Korea Herald

지나쌤

Police release anti-graft law guide

By Korea Herald

Published : Sept. 8, 2016 - 16:25

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Bracing itself for the implementation of a comprehensive anti-corruption law on Sept. 28, the police on Thursday handed out investigation manuals to help officers apply the new regulations.

It also summoned senior officials of regional police stations for an intensive training session, seeking coherency in the enforcement of the forthcoming law which has been causing confusion and concerns.

The National Police Agency sent out 4,000 copies of probe manuals on the Improper Solicitation and Graft Act to police stations around the country, it said through a press release.

The central police organization also kicked off a two-day training session at its headquarters for some 600 investigation chiefs.

The booklet, as well as the training curriculum, was drafted by the NPA’s special task force which has been in action since July.
Public officials attend a seminar on the antigraft law at the government complex in Sejong on Tuesday. (Yonhap) Public officials attend a seminar on the antigraft law at the government complex in Sejong on Tuesday. (Yonhap)
Following the Cabinet’s final approval of the bill on Tuesday this week, which cleared the way for effectuation, the NPA immediately went into full momentum in its preparatory works.

The 500-page manual comprises the full text of the anti-graft law, as well as commentaries on the sanction clauses and investigation processes according to the genre and intensity of violations.

“Various manuals and casebooks have been provided but the point of issuing an official police manual is to prevent confusion in the early stages of the law’s effectuation and to promote consistency in its execution,” said an official.

Below are some details included in the NPA manual book.

Q. How should a police officer respond to a reported case?

A. The police is only to deal with written reports with evidence or detailed personal information. When receiving phone calls, whether through 112 or other means, the corresponding official should recommend the caller to carry out the written procedure.

Q. Are public institutions or companies banned from providing food or gifts exceeding the legitimate amount ceiling at an official press conference?

A. No, press conferences which are open to all members of the press are exempted from the rule -- 30,000 won ($27) for each meal, 50,000 won for gifts, and 100,000 won in cash gifts -- as these do not involve individual contacts with a specific media outlet or covert solicitation. But those that limit entrance to specific media should abide by the rule as such occasions cannot be seen as official, open events.

Q. Do personal events (in which cash gifts are permitted) include birthdays and family gatherings?

A. No, the official range only includes wedding and funerals, the two being the most representative social events that customarily involve receiving money.

Q. Do the restrictions bind personal relationships, such as friends and lovers?

A. Yes, all those subject to the law face the regulations equally, regardless of their relationship. So, a small dinner between friends may also turn out to be a violation, should the parties have a business relationship and the amount exceed the ceiling. However, the law allows an exemption on socially accepted rules, such as gifts between lovers. So, an expensive engagement ring, for instance, does not face the law’s sanctions.

Q. Are the police allowed to visit individual houses, offices and restaurants to investigate possible cases of violation?

A. Not unless there are reasons to justify their specific visit. The police is to apply the principle of proportional investigation in executing the anti-graft law, as the related cases are closely interlaced with people’s daily lives. An investigation may only kick off upon the official permission of the probe chief and the issuance of search warrants is to be kept at a minimum level. For such reasons, police officials should restrain themselves from cracking down on possible violations in wedding halls, funeral houses and on other personal occasions.

The anti-graft law, often dubbed the Kim Young-ran law after its initiator, was first motioned in 2011 but has long been stalled due to disputes over the scope of application. It was the tragic sinking of the Sewol ferry in April 2014 that drew attention to the lax public administration system and consequently rekindled talks on the anti-solicitation bill.

After years of debates, it has been decided that the bill is to be applied to government officials as defined by the Government Officials Act and the Local Officials Act, along with executive and staff members of public service-related organizations, educational institutions and media companies. The spouses of the corresponding officials are also subject to the regulation.

Some 40,919 institutions, of which 96.8 percent are schools and media companies, will be subject to the law, starting from Sept. 28 when it is to take effect.

By Bae Hyun-jung(tellme@heraldcorp.com)