Big changes coming in law that makes millions of people “potential criminals”

The National Assembly Policy Committee subcommittee deliberates over the so-called “Kim Young-ran Act” at the National Assembly in Seoul, Jan. 8. (Yonhap News)

Kim Young-ran Act would regulate entertainment, gifts and meals among public officials, and also their families and media members

Big changes look to be in store for public officials - and South Korean society in general - after the passage of the so-called “Kim Young-ran Act” by a National Assembly Policy Committee subcommittee on Jan. 8.

The legislation, formally titled the Act on the Prohibition of Improper Solicitation and Exchanges of Gifts, is very likely to be passed in the February extraordinary session of the National Assembly after its review by the Policy Committee plenary session and Legislation and Judiciary Committee (LJC), LJC chair Lee Sang-min said on Jan. 9. If passed, the law would go into effect one year later.

The terms of the law would apply not only to public officials but also employees at private schools and news outlets and their family members - a category estimated to include anywhere from six million to 20 million people. All past forms of solicitation and “entertainment” through personal relationships and connections, including meals and gifts, would be subject to regulation.

The response from officials was mixed, with many calling the law’s aims legitimate but the terms themselves excessive.

“I don’t think anyone is going to disagree that public servants and their family members shouldn’t be taking questionable gifts,” said an official with the Ministry of Trade, Industry and Energy on condition of anonymity.

But an official from another central government agency called the terms “unrealistic.”

“When you’re eating with an acquaintance, it often comes out to more than the 30,000 won (US$27.30) per person given in the public servants’ behavioral guidelines,” the official said. “It’s not realistic to punish cases like that more severely.”

“It feels like public servants are being slandered, as though we’ve been taking thousands of dollars in ‘gifts’ every year,” the official added.

The law is also likely to result in a sharp decline in gift exchanges and “entertainment” in relationships between public officials, affiliated organizations, and companies.

“After the Kim Young-ran Act goes into effect, it’s going to bring changes to the practice of public servants, corporate employees, and journalists eating and drinking without any sense of guilt,” said Shin Dong-woo, a Saenuri Party (NFP) lawmaker on the Policy Committee.

“This is going to mean a big change for South Korean society,” he predicted.

Some lawmakers and public officials said the changes would be “refreshing,” as the law would provide an excuse for turning down uncomfortable requests and gifts.

But the inclusion of private school and news media employees and their family members as “public officials” subject to the law’s terms could raise questions about excessive government legislation and guilt by association. Indeed, the interpretation of the “professional relationship” between public officials and others is expected to be the subject of major debate. One concern is that with as much as half the country’s population becoming “potential criminals,” the result could be excessive authority for prosecutors, police, and other investigations - and a proliferation of indictments and complaints.

“I think it would have been better to apply [the law] to senior public officials first, and then expand it in stages,” said one National Assembly lawmaker on condition of anonymity.

“We could end up seeing someone file a constitutionality suit against the Kim Young-ran Act,” the lawmaker predicted.

Park Min-shik, a Saenuri lawmaker and LJC member, said the law should be “implemented full-scale to meet its goal of eliminating corrupt practices.”

“Any problem areas can be dealt with as they come,” he added.

Meanwhile, Saenuri floor leader Lee Wan-koo said on Jan. 9 that he planned to personally sponsor a bill expanding the scope of the special inspector system to senior officials at the ministerial level and higher, as well as the heads of administration agencies. The Special Inspector Act, which has been in effect since June 2014, establishes the position of special inspector to conduct investigations into potential wrongful acts by relatives and other individuals with a special relationship to the President. Its scope is currently restricted to presidential spouses, immediate family members up to and including first cousins, and public officials at the Blue House senior secretary level and higher.

“I want to return it to the special inspector system Park Geun-hye envisioned in her pledge during her presidential campaign,” Lee said at a meeting with reporters on Jan. 9.

“I plan to propose a bill that would extend regulations to the Prime Minister and Cabinet ministers, the head of the Board of Audit and Inspection, the head of the National Intelligence Service, and the Prosecutor General, and I will work to pass it as quickly as possible,” he added.

The list of senior public officials did not include National Assembly members, judges, or prosecutors.

Former Anti-corruption and Civil Rights Commission chief Kim Young-ran. (provided by the Anti-corruption and Civil Rights Commission)

By Hwang Jun-beom and Jung Se-ra, staff reporters

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