Anti-graft law may hinder envoys' duty

Following is the fifth in a series on the anti-graft law or the Kim Young-ran Act which could possibly change Korean society profoundly. ― ED.

By Yi Whan-woo

The anti-graft law brings challenges for Korean diplomats at home and abroad in offering and receiving meals according to protocol.

They are restricted from buying foreign dignitaries meals over 30,000 won ($27), including formal dinners, under the law that took effect on Sept. 28. The price of 30,000 won is the maximum amount for meals that bureaucrats are allowed to offer or receive under the so-called Kim Young-ran Act that is aimed at rooting out corruption.

“The course meals served at formal dinners are more than fancy and expensive food,” a diplomatic source said. “They serve as means to show respect, courtesy and hospitality toward guests from other countries. In that regard, the dining places are certainly where the two or more countries can ensure their ties and continue to develop such relations.”

The diplomatic sources said the 30,000 won limit could be even more difficult to apply overseas where costs of living and exchange rates against the Korean currency vary from country to country.

“The value of 30,000 won is obviously different between New York City and Manila,” a source said.

“The officials at the Korean Embassy in the Philippines will be able to eat at fancy restaurants for business purposes, whereas those at the Korean Consulate in New York City may have to eat cheap sandwiches.

“The case can be also tricky when the officials are invited as guests, because it’s the host, not them, who will decide which meals to offer regardless of their price.”

To minimize confusion, the Ministry of Foreign Affairs introduced a set of guidelines listing a series of exceptions to the law.

It stated that diplomats will be allowed to receive meals over 30,000 won under special circumstances, such as events that are related to diplomatic activities and hosted by governments, public entities and international organizations and their agents.

“We set up guidelines based on criteria such as whether failing to attending events will hurt our national interest,” a ministry official said on condition of anonymity. “And exceptional cases will be applied to help our officials carry out their work efficiently.”

The diplomats are still required to observe the maximum price of meals set by the law “as much as possible,” according to the official.

Vice-ministerial level officials at Korean embassies will be allowed to host a luncheon and dinner twice a year. In terms of gifts, the anti-graft law regulates that their value should not exceed 50,000 won.

The rule can be controversial under circumstances where the exchange of gifts is “customary.”

Some analysts speculated that the foreign ministry’s guidelines could trigger other ministries to come up with their own exceptions to the law.

“I believe every ministry has complaints about the law and wants to have their say,” said Hong Seong-tae, vice chairman of the People’s Solidarity for Participatory Democracy. “Making an exception will lead to a string of other exceptions so revising the law would be the best way to get it to serve its purpose.”

Regarding foreign diplomatic missions in Korea, the foreign ministry said they expressed concern that the law is “not in accordance with international customs” and may “intimidate” them from carrying out diplomatic activities legally.

“We’re monitoring how the law will be applied in the diplomatic circle and serve our interests,” a public relations official at a foreign embassy said, asking not to be named.