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Anti-graft law should be impetus for cleaner society

The Constitutional Court’s ruling Thursday to uphold the anti-graft law aimed at ending corruptive practices among public officials has not been able to terminate all the confusion and controversies surrounding the nation’s strictest-ever law against graft.

One of the biggest disputes about the so-called Kim Young-ran law, named after the former justice who proposed the legislation, is the inclusion of the private sector, including journalists and private school teachers, in the targeted group.

Journalists and their associations and private school organizations have filed petitions asking the top court to review the law shortly after it passed the National Assembly in March last year. They have claimed that the law defies the original purpose of the law to reduce corruption in the public sector and infringes upon individual freedoms. But the Constitutional Court underlined the strong impact of journalists and teachers in society in explaining the reason for the need to regulate corruption in these sectors under the law.

Despite the court’s ruling, it is regrettable that the law targets journalists and teachers because they are not the main troublemakers in this republic of corruption. It is true that gift-giving culture in schools was dominant in the past, but this has improved in recent years due to stricter regulations against receiving and giving gifts among teachers and parents. Nor are journalists the main instigators or targets of corruption.

The biggest reason for Korea’s notorious label as a nation of corruption is the public sector’s lack of integrity and transparency. In this regard, the law is hugely flawed as it does not include lawmakers, who are prone to ethical lapses and corruption. Corruption in the public sector significantly underlines the confidence of the people in the government and Korea’s global standing. Despite Korea’s rapid development, corruption is rife in the public sector as shown by a flurry of recent scandals involving prosecutors and senior public officials.

Corruption has been a deep-rooted weakness in Korea. Transparency International ranked Korea 27th out of 34 OECD members in global corruption index. According to a corruption perception survey conducted by the Anti-Corruption and Civil Rights Commission, almost 70 percent of Koreans believe that Korea is corrupt. So there is no doubt that the public supports the spirit of the anti-graft law. Many believe that the long-term positive impact for reducing corruption and promoting social integrity outweighs the temporary difficulties expected from the law.

It is now up to the government and the National Assembly to implement follow-up measures to ensure the law’s effectiveness before it is enacted on Sept. 28. To uphold the original intent of the law, parties should seek a revision to have lawmakers subject to the law.

Most importantly, it is necessary to address the concerns by the business community that is worried about the law’s impact on consumption. In particular, the agricultural community is strongly protesting the law’s impact on sales of beef and other products that have been used as popular gifts.

With the court’s ruling, the law will go into effect on Sept. 28. Until then, the government and the National Assembly should do their utmost to clear the confusion surrounding the details of the law and to make it more effective in establishing a more transparent and corruption-free society.