SOUTH KOREA Law and Practice Contributed by: Jeena Kim, Kyunghwan Lee, Eunyoung Row and Bochan Kim, Bae, Kim & Lee LLC
relaxed to KRW300,000 before and after Korean traditional holidays. Facilitation Payments South Korea does not explicitly regulate facilitation payments, treating them as bribes if bribery elements are present. However, the FBPA exempts payments authorised under the laws of the foreign official’s country from being considered a bribe. Accordingly, if the facilitation payment is allowed in the foreign offi - cial’s country, such payment will not be subject to the FBPA. 2.2 Influence-Peddling The Criminal Act Article 132 of the Criminal Act addresses influence- peddling committed by public officials within the scope of their official capacity. A public official who uses their official position to mediate in a way that directly or indirectly influences another public official’s duties, and who in turn accepts, demands or promises to receive money or benefits in exchange for such mediation, is punishable by imprisonment for up to three years or with disqualification from office for up to seven years. The Specific Crimes Act Article 3 of the Specific Crimes Act applies to non- public officials with influence over public officials, and offers stricter penalties than the Criminal Act. It expands the scope of influence-peddling to include any individual, regardless of public official status, who mediates influences with respect to public officials’ duties, and who in turn accepts, demands or promises to receive money or benefits in exchange for such mediation – this is punishable by imprisonment for up to five years or with a fine of up to KRW10 million. The Attorney-at-Law Act Article 111 of the Attorney-at-Law Act seeks to address corruption in public administration or legal proceedings, particularly where public officials’ roles are involved. It punishes anyone who receives, prom - ises to receive, or causes a third party to provide mon - ey, goods, entertainment or other benefits under the pretence of making requests or arrangements related to matters handled by public officials, or anyone who offers or promises to offer such benefits to others,
subject to imprisonment for up to five years or to a fine of up to KRW10 million. Overlap and Redundancy in Legislation Article 132 of the Criminal Act has become almost obsolete due to the broader and stricter provisions under the Specific Crimes Act and the Attorney-at- Law Act. These laws largely cover similar offences, leading to calls for legislative reform to consolidate the laws and improve clarity in their application. Influence-Peddling in International Contexts (FBPA) The FBPA does not explicitly address influence- peddling involving foreign officials. However, Article 3 (2) of the FBPA penalises third-party bribery where money or benefits are given to a third party intending to bribe a foreign official. In any event, this provision focuses on third-party bribery rather than influence- peddling. The Graft Act Article 5 of the Graft Act prohibits any form of improp - er solicitation to public servants, whether made directly or indirectly. This prohibition applies univer - sally, including to foreign nationals, and is enforced regardless of whether an economic benefit is offered or promised in connection with the solicitation. The following actions are classified as improper solicita - tions and are strictly prohibited: • requesting unauthorised facilitation of tasks, such as granting permits, licences, approvals or other statutory authorisations; • seeking mitigation or waiver of administrative penalties, including taxes, fines, charges or sur - charges; • attempting to influence decisions related to recruit - ment, employment, promotion or assignment of public officials; • requesting disclosure of confidential job-related information, such as tender processes, auctions, patents, military operations or taxation, in violation of laws; • soliciting the selection or exclusion of specific individuals, organisations or entities as contracting parties in breach of statutory rules; and
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