Anti-corruption law encompassing journalists, teachers ruled constitutional: top court

The Constitutional Court upheld the controversial anti-graft law, which subjects journalists and private school teachers along with public officials to strict guidelines in regards to gifts, paving the way for its official implementation.

The so-called Kim Young-ran Law, named after its proposer, prohibits civil servants, journalists and those hired by private schools from receiving goods and services that exceed 1 million won ($888) or 3 million won in total annually. The rules make it illegal to accept meals exceeding 30,000 won, presents in excess of 50,000 won and congratulatory or condolence money totaling over 100,000 won. The law is slated to take effect on Sept. 28.

Local journalists and their associations, as well as private school organizations, filed four separate petitions, asking the court to review the law shortly after it passed the National Assembly in March last year.

They said the new law, which was created to ensure fair performance of duty by public officials, infringes upon the freedom of press and private schools by including journalists and private teachers in rules meant for public officials.

The court, however, said the law does not put direct restriction on contact between journalists and their sources, or on their legal rights to report and to inform the public. The petition filed by private school teachers were dismissed for similar reasons.

"Educators and press have a huge impact on the country, and corruption among workers in these fields exerts long-lasting effects," the court said, explaining the legitimacy to regulate these sectors under the law.

Previously, it was difficult to punish public officials, journalists and teachers under bribery charges if a connection with their duties could not be proven. Under the new law, they can be punished regardless of whether the money or gifts were given in relation to their job or not.

Regarding a clause that mandates public officials, journalists and teachers to report their spouses if they receive any prohibited goods or money, the court said it is necessary to uphold the purpose of the law.

The justices also rejected petitioners' claim that the law failed to specify what conduct is punishable or not.

The expression "illicit request (in return for money)" has been used in diverse legal clauses and the nation's top court has accumulated enough precedents based on how it should be defined, it said.

The court, meanwhile, rejected to rule on one of the petitions filed by the Journalists Association of Korea, saying the organization cannot claim its rights will be affected by the law. (Yonhap)