By Kim Tae-gyu
The government is trying to put real teeth into anti-corruption codes to police public servants so that bribe-takers will not be able to sidestep regulations by exploiting legal loopholes. But critics counter that the teeth are not sharp enough.
The weekly Cabinet meeting passed Tuesday the Anti-Corruption and Conflicts of Interest Act so that the National Assembly can discuss it, possibly beginning next month.
If the act, better known as the Kim Young-ran law named after its proposer, wins parliamentary approval, bribe-taking bureaucrats will be subject to jail terms without regard to whether their illegal activities were “reciprocated.”
“Up until now, public officials could avoid punishment even after they were found to have taken kickbacks if prosecutors failed to prove that favors were given in return,” said an official from the Anti-Corruption and Civil Rights Commission (ACRC).
“But the new act will make them punishable for up to three years in jail and a 30 million won fine. When it is passed, we think the strengthened regulations will make our officialdom more transparent and cleaner.”
However, bribe-takers will remain unpunished if the illegally-offered money has nothing to do with their duties or positions. They might be burdened with fines amounting to two to five times the amount of bribe money taken, but still will not have to face criminal charges.
Some observers point out that the government is backpedaling in the much-vowed campaign against rampant corruption in the bureaucratic system because the original draft of the Kim Young-ran law was designed to render criminal punishment to all officials who take bribes amounting to more than 1 million won without any conditions.
Last year, then ACRC chief Kim Young-ran suggested such legislation to stop corruption ― recent research found that Korea is ranked 27th out of 34 OECD countries in terms of the integrity of public officials.
The former Supreme Court judge also proposed to strictly ban family members of bureaucrats being hired by their organizations’ subsidiaries or associated entities. If they don’t report any illicit funds taken by their family members, they will be punished or fined.
The Justice Ministry revised it, claiming that some of the stipulations are unconstitutional, thus generating great public backlash. The Office of Prime Minister moved again the pendulum toward the original draft but failed to fully satisfy the people.
Concerns rise that even the toned-down bill may not win the parliamentary approval because many bureaucrats are against it, contending that its provisions are overly strict and severe.
In addition, it is feared that lawmakers are reluctant to pass it because they will be also subject to the fresh regulations.
The ACRC said that despite the revisions, the act is still revolutionary but critics remain skeptical as to whether or not it will eventually be able to regulate officialdom.