Improper Solicitation and Graft Act

Institutions Subject to Application

Persons Subject to Application

Under the Improper Solicitation and Graft Act, no person may make, either directly or through a third party, any of the following improper solicitations to a public official or other person performing official duties.

The types of improper solicitation are quite varied, but the following examines some of the more commonly occurring principal examples.

Regardless of whether it relates to their duties and regardless of the nominal purpose, such as a donation, sponsorship, or gift, public officials and others may not receive, demand, or promise money, goods, or other valuables exceeding 1 million won on a single occasion or 3 million won in a single fiscal year from the same person.

Here, money, goods, or other valuables refer to any one of the following.

The heads of public institutions and others impose disciplinary action when a public official or other person violates an order under the "Improper Solicitation and Graft Act".

For disciplinary purposes, the head of a public institution establishes detailed criteria by considering the type of violation, the degree of misconduct, the gravity of the negligence, and other factors.

Where a person who has taken a disadvantageous measure on the ground of a public interest report or similar fails to take the protective measure by the prescribed deadline after receiving a decision on protective measures, the Anti-Corruption and Civil Rights Commission imposes a charge for compelling compliance of up to 30 million won.

However, the State or a local government is excluded.(Article 15-2, Paragraph 1 of the Improper Solicitation and Graft Act).

When the head of the relevant institution notifies the court having jurisdiction over administrative fine cases of the violation by a person subject to an administrative fine, the court having such jurisdiction imposes the administrative fine through a ruling (decision).

However, where a person has been subject to criminal punishment under the Criminal Act or other statutes, no administrative fine is imposed, and where criminal punishment is imposed after an administrative fine has been imposed, the imposition of the administrative fine is revoked,

A person who falls under any of the following is subject to an administrative fine not exceeding 20 million won.

If a person makes an improper solicitation to a public official or others through a third party, that person is subject to an administrative fine not exceeding 10 million won.(Article 23, paragraph 3, main text, of the Act on the Prohibition of Improper Solicitation and Graft)

A public official or other person who has performed official duties pursuant to an improper solicitation is subject to the following penalties under the Improper Solicitation and Graft Act.

The head of a public institution may impose disciplinary action on an employee where the affiliated public official has violated an order issued under the Improper Solicitation and Graft Act.

In any of the following cases, an administrative fine of not less than two times and not more than five times the value of the money or other valuables related to the violation is imposed. (Article 23 (7) of the Improper Solicitation and Graft Act)

In addition, a public official or similar person who receives excess honoraria for external lectures and others and fails to report this to, or return it to, the head of his or her affiliated institution is subject to an administrative fine of not more than 5 million won.

If a person has given or received money, goods, or other benefits, the following punishment may be imposed under the Improper Solicitation and Graft Act.

An improper solicitation must be reported to the head of the relevant institution.

A public official or other person who receives an improper solicitation must report it to the head of the relevant institution, and may also report it to the supervisory agency, the Board of Audit and Inspection, an investigative agency, or the Anti-Corruption and Civil Rights Commission.

A report must include the following required items.

The head of the relevant institution then promptly confirms whether the reported content constitutes an improper solicitation, and where the need for investigation is recognized, notifies the relevant content to the investigative agency.

This firm has many specialized attorneys with extensive experience in the field of criminal cases, and it provides legal services tailored to each situation.

The firm also establishes a systematic and prompt response strategy from the early stages of the investigation, protecting the client's rights throughout the entire process, from the police investigation to the trial stage.

If you are experiencing difficulties due to a violation of the Improper Solicitation and Graft Act, you may at any time request a 🔗criminal attorney legal consultation appointment with Daeryun, the 9th-largest law firm in Korea (based on 2025 National Tax Service value-added tax filings).