The anti-graft law in light of the Kwak Tube controversy... Where do the criteria for application to civil servants and spouses differ?

For civil servants, the amount is ‘1 million won per time’, and for spouses, it is based on ‘job-relatedness’… The application of the law may vary depending on the type of sponsorship.

In the wake of the controversy over famous YouTuber ‘Kwak Tube’ sponsoring a postpartum care center for the spouses of public officials, interest is focused on how the standards for receiving money and valuables differ between public officials and their spouses. Even if the sponsorship is the same, the standards for applying the law may vary depending on whether the public official receives it or his or her spouse receives it.

Recently, Kwak Tube was at the center of controversy after it became known that it had received room upgrades and some services from a postpartum care center after the birth of a spouse's child. Kwak Tube said, “We confirmed through legal advice that it was a private contract unrelated to the spouse’s job,” but when controversy arose, they paid the difference in sponsorship.

According to Article 8, Paragraph 1 of the Act on the Prohibition of Improper Solicitations and Receiving Money, etc. (Improper Solicitation Act), if a public official is assessed to have received money or valuables, he or she is, in principle, prohibited from receiving, requesting or promising money or valuables exceeding 1 million won at a time (3 million won per year), regardless of job-relatedness.

For this reason, it is pointed out that in this case as well, the legal judgment may be divided just by explaining that it is ‘not related to the job.’ This is because, regardless of the form of sponsorship, the amount standard can be applied if it is assessed that the actual benefit was enjoyed by the public official. The Anti-Corruption and Civil Rights Commission is said to have received a related civil complaint on April 10 and is reviewing the possibility of applying the law.

On the other hand, if the spouse of a public official receives money or valuables, the application standards are different. Money received by a spouse is a violation only if it is related to the public official's duties. Article 8, Paragraph 4 of the Anti-Graft Act stipulates that “the spouse of a public official, etc. is prohibited from receiving money or valuables in connection with the duties of the public official, etc.”

Kim Dae-su, general counsel at Daeryun Law Firm, explained, “If a spouse receives money or valuables, there is a possibility of violating the Anti-Graft Act only if it is related to the duties of a public official.” He added, “The application of the law does not change depending on whether the spouse is an influencer or an ordinary person.”

Reporter Kim Jeong-ah ja.kim@ilyo.co.kr

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The anti-graft law in light of the Kwak Tube controversy... Where do the criteria for application to civil servants and spouses differ? (Shortcut)