South Korea - Act on the Prevention of Corruption

    South Korea

    South Korea - Act on the Prevention of Corruption

    The Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission (‘the Act’) provides restrictions in relation to the employment of public officials who committed acts of corruption. 

    Last Updated: July 23, 2019

  • Requirements

    Article 82(2) of the Act provides that a public official who has been dismissed for corruption may not be employed by a for-profit enterprise, which has close relations with the business affairs of the department or institution to which that public official belonged, or by a corporation or organisation, established for the purpose of pursuing common interests and mutual cooperation with a for-profit private enterprise, for five years from the date that the public official has retired, or been dismissed or sentenced. 

    Article 82(3) specifies that, in determining whether or not employment occurs, if any person deals with any business affairs of an institution subject to restriction on employment or provides assistance thereto, such as advice and counsel, and receives wages or salaries in return for such service on a regular basis or during a specified period, such person shall be deemed to be employed.  

    Article 83 of the Act highlights that where a person is employed in a for-profit enterprise in violation of Article 82(2) of the Act, the Anti-Corruption and Civil Rights Commission shall demand the for-profit enterprise to dismiss him/her. The for-profit must comply without delay with the demand of dismissal unless there is a compelling reason not to do so.  

    A for-profit enterprise that refuses to comply with a request of dismissal without any justifiable reason is subject to an administrative fine not exceeding KRW 10,000,000 (approx. €7,590) (Article 91 of the Act).  

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