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[Editorial] Anti-corruption bill

Law needs more teeth to rein in corruption

July 31, 2013 - 19:24 By Yu Kun-ha
The Cabinet has finally approved the so-called “Kim Young-ran Bill” aimed at rooting out corruption in officialdom. It was almost a year after Kim Young-ran, then chairwoman of the Anti-Corruption and Civil Rights Commission, first put forward a draft bill.

The main cause of the long delay was disagreement between the anti-corruption commission and the Ministry of Justice over some of Kim’s proposals.

Kim, who had also served as a Supreme Court justice, wrote the bill to plug the big loopholes in the current Criminal Act. Presently, prosecutors cannot indict a bribe-taking public official unless they can prove that he or she received money in connection with the official’s duties or in return for favors.

These loopholes allow a public official to receive a bribe from a businessman and get away with it by claiming that his “kind-hearted sponsor” has given him money without any strings attached.

But the money received should be seen for what it is ― a bribe. Common sense tells us that no sane businessman would give away money to a public official without any expectation of reciprocity.

Kim rightly thought that rampant corruption in officialdom would not be curbed without eliminating the loopholes. So she proposed that criminal punishment be meted out to public officials if they were found to have received 1 million won ($900) or more, whether or not in connection with their duties or in exchange for favors.

Specifically, she called for imprisonment of up to three years or fines of up to 30 million won for such a criminal offense.

Kim’s proposal caused consternation among public officials. The Ministry of Justice opposed it on the grounds that Kim’s proposed punishment was excessive. So it has kept pressing the anti-corruption commission to tone it down.

The final bill approved by the Cabinet on Tuesday is a compromise. Under it, a public official will face a criminal indictment if he receives 1 million won or more in connection with his duties.

But he will not face criminal charges if the money he has received is found to have nothing to do with his duties. Instead, he will be subject to penalties of two to five times the money he has received.

The watered-down bill will be submitted to the National Assembly for approval next month. How legislators will handle it remains to be seen. On the surface, the ruling Saenuri Party says it will seek to pass it without delay, while the main opposition Democratic Party says it will resuscitate Kim’s original version.

Yet lawmakers could be tempted to further tone down the bill as it will be applied, when enacted, not only to public officials in the administrative branch but to those in the judiciary and legislative branches, including judges and legislators.

Legislators are advised to resist the temptation. They need to heed Kim’s warning that any attempt to rein in corruption in officialdom will fail without tackling the insidious practice of officials taking money from “good-hearted sponsors.”

Despite the Justice Ministry’s argument to the contrary, the government-endorsed bill is not stringent enough to put pressure on officials to sever ties with their sponsors.