CONTENTS
- 1. Acceptance of Bribes | Definition
- - Elements of Acceptance of Bribes
- - Scope of Acceptance of Bribes
- - Bribery Case
- 2. Acceptance of Bribes | Types
- - Acceptance of a Bribe
- - Crime of Advance Acceptance of a Bribe
- - Crime of Provision of a Bribe to a Third Party
- - Wrongful Act After Accepting a Bribe, Subsequent Acceptance of a Bribe
- - Acceptance of a Bribe Through Good Offices
- 3. Severity of Punishment for Acceptance of Bribes
- - What If the Amount of the Bribe Exceeds 30 Million Won?
- - Administrative Disposition
- - Sentencing Guidelines
- 4. Acceptance of Bribes | Methods of Response
- - If You Need the Assistance of an Attorney
1. Acceptance of Bribes | Definition
Acceptance of bribes refers to a public official or arbitrator receiving money or other benefits, or some other improper compensation, in connection with their duties.
The term "acceptance of bribes" is not a crime expressly named under the Criminal Act, but the Korean Criminal Act contains various provisions that encompass it.
Elements of Acceptance of Bribes
① Element as to the subject
② Element as to the act
③ Element as to intent
Scope of Acceptance of Bribes
A bribe does not mean money alone; it includes sexual favors, gold bars or jewelry, treating someone to a meal, a vehicle from a high-end automobile brand, a luxury watch, and similar items. Anything that benefits the recipient is included as a bribe.
If something is determined to be a bribe, all related conduct constitutes a crime, so criminal punishment is imposed.
Bribery Case
Receipt of Money or Goods
This is the most common type, in which a person receives a direct financial benefit such as cash, gift certificates, real estate, or high-value goods.
Provision of Entertainment
This refers to forming a relationship connected to one's official duties by receiving material benefits such as meals, drinking gatherings, or golf outings.
Provision of Favors
This refers to providing a favorable advantage to a particular person in the course of performing one's duties, such as in permits, licenses, or the conclusion of contracts.
Solicitation for Hiring
This is a case in which a person solicits the hiring of a child or relative and receives a bribe in return.
Other Improper Benefits
Beyond the types mentioned above, any benefit that may be improperly obtained in connection with one's duties may be regarded as a bribe.
2. Acceptance of Bribes | Types
Acceptance of bribes is subdivided into several types of crime, such as acceptance of a bribe, advance acceptance of a bribe, provision of a bribe to a third party, wrongful act after accepting a bribe, subsequent acceptance of a bribe, acceptance of a bribe through good offices, and offering a bribe, and such bribery-related crimes are punished very strictly.
Acceptance of a Bribe
The crime of accepting a bribe is established when a public official or arbitrator receives, demands, or promises to receive a bribe in connection with their duties.
Here, "duties" includes not only the statutory duties currently being performed but also duties handled in the past or duties to be assigned in the future.
Crime of Advance Acceptance of a Bribe
Even a person who is not yet a public official or arbitrator may be guilty of advance acceptance of a bribe if they receive an improper solicitation in relation to duties they are to assume in the future, accept a bribe, and then become a public official.
Crime of Provision of a Bribe to a Third Party
Where a public official or arbitrator receives an improper solicitation in connection with their duties and provides a bribe to a third party, or demands or promises such provision, the crime of provision of a bribe to a third party is established.
Even if the content of the solicitation was not actually carried out, a person is subject to punishment if they received a bribe in relation to the solicitation.
In addition, where the content of the solicitation is carried out after the bribe is received, the offender may be punished more heavily under separate provisions, and the same punishment applies where the solicitation is granted first and the bribe is received later.
·
Wrongful Act After Accepting a Bribe, Subsequent Acceptance of a Bribe
The crime of a wrongful act after accepting a bribe is established when a public official, after receiving a bribe, performs an improper official act as consideration for it.
The crime of subsequent acceptance of a bribe is established when a public official or arbitrator receives, demands, or promises a bribe as consideration after already having performed an improper official act.
Acceptance of a Bribe Through Good Offices
Acceptance of a bribe through good offices is a crime that is established when a public official, using their position, receives, demands, or promises a bribe as consideration for mediating a matter that falls within the duties of another public official.
3. Severity of Punishment for Acceptance of Bribes
▶ Criminal Act Article 129(1)
Acceptance, advance acceptance | Imprisonment for up to 5 years or suspension of qualifications for up to 10 years |
If a person who is to become a public official or arbitrator receives, demands, or promises a bribe in relation to the duties they are to handle, having received a solicitation, and then becomes a public official or arbitrator, they are subject to the following punishment.
▶ Criminal Act Article 129(2)
Acceptance, advance acceptance | Imprisonment for up to 3 years or suspension of qualifications for up to 7 years |
▶ Criminal Act Article 130
Provision of a bribe to a third party | Imprisonment for up to 5 years or suspension of qualifications for up to 10 years |
▶ Criminal Act Article 131
| Wrongful act after accepting a bribe | Imprisonment for a definite term of at least 1 year |
| Subsequent acceptance of a bribe | Imprisonment for up to 5 years or suspension of qualifications for up to 10 years (may be imposed concurrently) |
▶ Criminal Act Article 132
Acceptance of a bribe through good offices | Imprisonment for up to 3 years or suspension of qualifications for up to 7 years |
What If the Amount of the Bribe Exceeds 30 Million Won?
In cases of acceptance of a bribe, acceptance of a bribe in advance, offering a bribe to a third party, or acceptance of a bribe through good offices, if the amount of the bribe exceeds 30 million won, the punishment differs under the Act on Aggravated Punishment of Specific Crimes.
▶ Article 2 of the Act on Aggravated Punishment of Specific Crimes
Where the amount of the bribe is 100 million won or more | Life imprisonment or imprisonment for at least 10 years |
Where the amount of the bribe is 50 million won or more but less than 100 million won | Imprisonment for a definite term of at least 7 years |
Where the amount of the bribe is 30 million won or more but less than 50 million won | Imprisonment for a definite term of at least 5 years |
Administrative Disposition
When a public official accepts a bribe, the consequences are not limited to criminal punishment but also have a significant effect on the retention of public office.
If a person receives criminal punishment for the crime of bribery, a heavy disciplinary action such as removal or dismissal may be imposed under the State Public Officials Act, which can lead to a situation where the person must leave public office.
Sentencing Guidelines
▷ Where the person is to become a public official or arbitrator
▷ Where the conduct was limited to a demand or promise
▷ Return of the bribe before the commencement of investigation
▷ Mental and physical weakness
▷ Voluntary surrender or reporting of internal misconduct
▷ Where the degree of participation or the actual gain is minor
▷ A quasi-public official under Article 4 of the Act on Aggravated Punishment of Specific Crimes
▷ Sincere remorse
▷ No prior record of criminal punishment
4. Acceptance of Bribes | Methods of Response
① Accurately Understanding the Content of the Charges
If you are charged with bribery, you should first carefully review the specific content of the applied charges and the relevant statutory provisions.
It is necessary to thoroughly examine the alleged facts and evidence presented by the investigative authorities, and where there are parts that differ from the facts or involve a misunderstanding, to record these in detail and use them in your future response.
② Response at the Investigation Stage
During the police investigation, statements should be made with care, and where the charges are denied, the grounds for doing so should be clearly presented.
In addition, materials that can secure evidence or provide a rebuttal should be prepared.
▷ Records of monetary transactions, calls, and text messages
▷ Statements of third parties that can prove it was an ordinary gift, and the like
③ Response in Court
Where the charges are acknowledged, in court one should analyze the sentencing factors in detail to seek a reduction of the sentence, and prepare as materials any circumstances that may appeal for leniency, such as an attitude of remorse.
During the trial, one should calmly state the facts accurately, and where there are matters of injustice, explain them clearly with logical and specific grounds.
If You Need the Assistance of an Attorney
Because the crime of bribery centers on key issues such as complex evidentiary relationships, the connection to official duties, and whether there was consideration, a prompt and accurate legal response is of the utmost importance.
Daeryun Law Firm has many criminal defense attorneys registered with the Korean Bar Association, so when you need professional assistance regarding a case of the crime of bribery, you may request a consultation at any time.
In addition, through its own Evidence Investigation Center, the firm systematically collects and analyzes various forms of evidence such as call records and financial transaction records, promptly securing the materials needed to prove or rebut the charges.
If you are facing difficulties due to charges of the crime of bribery, we invite you to receive a professional consultation by reserving a legal consultation with a criminal defense attorney at Daeryun Law Firm.
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