The sweeping anti-graft law that will go into effect in September is a necessary step toward changing Korea's corruption-friendly culture. However, the so-called Kim Young-ran law, named after the former justice who proposed the legislation, has much room for modification so it can effectively achieve its purpose.
The Anti-Corruption and Civil Rights Commission announced the particulars on Monday of the enforcement ordinances of the Law on the Prevention of Illicit Soliciting and Bribery that was approved by the National Assembly in March 2015. The law stipulates that public officials, journalists and private school faculty who are treated to meals costing more than 30,000 won can be fined. The proposed ordinances limit the amount for gifts to 50,000 won, and money for congratulations and condolences to 100,000 won. It also set the lecture fees for ministers at 400,000 won per hour, while journalists and private school faculty can receive up to 1 million won per hour.
It is true that all organizations that wield significant influence in Korean society need to become more ethical. But there are many flaws with this law, the biggest of which is that professionals in the private sector such as journalists were rashly included by the National Assembly. Disputes remain concerning the infringement of individual freedom because of the comprehensive inclusion of the private sector. The Constitutional Court is reviewing the details of the law after the Korean Bar Association filed a petition arguing that it is unfair and unconstitutional.
Above all, the targeted groups of the law need to be adjusted to better reflect its original intention, which was to eliminate corruption in the public sector. By properly punishing those in the public sector, particularly those who hold high-level positions, an anti-corruption message could spread to other parts of society.
Some critics say that the law does not reflect Korea's long-running culture of gift-giving. Also, there has been a strong backlash against the law from those in the relevant industries who argue that their businesses will suffer when the law goes into effect.
Even President Park Geun-hye, who strongly pushed for an anti-corruption drive since the beginning of her tenure, showed some concerns about the law during a recent meeting with newspaper editors, saying that it could slow spending.
Before the law goes into effect on Sept. 28, the incoming National Assembly should discuss modifications to the law to minimize damage for relevant industries and better serve its original intention to prevent corruption in the public sector.
The widespread corruption in Korea has been a critical hindrance to Korea's progress to become an advanced country. Global indexes have shown that Korea is still one of the most corrupt countries among OECD members. One law will not be enough to eradicate corruption. It is necessary for the government to study what is happening in countries such as Singapore that are implementing benchmark policies for corruption-free public sector.