Law Viewer

Back Home

ACT ON COMBATING BRIBERY OF FOREIGN PUBLIC OFFICIALS IN INTERNATIONAL BUSINESS TRANSACTIONS

Act No. 5588, Dec. 28, 1998

Amended by Act No. 10178, Mar. 24, 2010

Act No. 12775, Oct. 15, 2014

 Article 1 (Purpose)
The purpose of this Act is to contribute to establishing sound order in international business transactions by punishing offenses of bribing foreign public officials in conducting international business transactions and to provide for matters necessary therefor to perform the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. [This Article Wholly Amended by Act No. 10178, Mar. 24, 2010]
 Article 2 (Scope of Foreign Public Officials)
The term "foreign public official" in this Act means any of the following persons:
1. Any person holding legislative, administrative, or judicial office in a foreign government (including governments in all levels from central level to a local level; hereinafter the same shall apply), whether appointed or elected;
2. Any person exercising a public function for a foreign country and falling under any of the following persons:
(a) Any person conducting public affairs delegated by a foreign government;
(b) Any person holding office in a public organization or public agency established by any Act and subordinate statutes to conduct specific public affairs;
(c) Any executive officer or employee of an enterprise in which a foreign government has invested in excess of 50 percent of its paid-in capital or over which a foreign government has de facto control as regards all aspects of its management, such as decision-making on important business operations and the appointment and removal of executive officers: Provided, That excluded herefrom is any enterprise engaging in a business in competition at arm's length with general private business entities without any privilege conferred thereon, such as discriminative subsidies;
3. Any person acting for a public international organization.
[This Article Wholly Amended by Act No. 10178, Mar. 24, 2010]
 Article 3 (Criminal Liability of Persons Offering Bribery, etc.)
(1) Any person who has promised, given, or expressed his/her intent to give a bribe to a foreign public official in relation to any international business transaction with intent to obtain any improper advantage for such transaction shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding twenty million won. In such cases, if the pecuniary advantage obtained by such offense exceeds ten million won, the offender shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding an amount equivalent to double the pecuniary advantage.
(2) Of cases under paragraph (1), any case falling under any of the following subparagraphs shall be excluded therefrom:
1. Where such payment is permitted or demanded pursuant to any applicable Act and subordinate statutes of the country to which a foreign public official belongs;
2. Deleted. <by Act No. 12775, Oct. 15, 2014>
(3) Where any person who has committed an offense under paragraph (1) is punished by imprisonment with labor, a fine provided for in paragraph (1) shall be imposed concurrently.
[This Article Wholly Amended by Act No. 10178, Mar. 24, 2010]
 Article 4 (Joint Penalty Provisions)
If the representative of a corporation, or an agent or employee of, or any other person employed, by a corporation commits an offense under Article 3 (1) in connection with the business affairs of the corporation, not only shall such offender be punished, but also the corporation shall be punished by a fine not exceeding one billion won. In such cases, if the pecuniary advantage obtained by such offense exceeds 500 million won, the corporation shall be punished by a fine not exceeding an amount equivalent to double the pecuniary advantage: Provided, That this shall not apply where such corporation has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offence.
[This Article Wholly Amended by Act No. 10178, Mar. 24, 2010]
 Article 5 (Confiscation)
Any bribe given in the course of committing an offense and owned by the offender (including a corporation subject to the punishment under Article 4) or knowingly acquired by any person other than the offender shall be confiscated.
[This Article Wholly Amended by Act No. 10178, Mar. 24, 2010]
ADDENDUM
This Act shall enter into force on the date when the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions becomes effective for the Republic of Korea.
ADDENDUM <Act No. 10178, Mar. 24, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12775, Oct. 15, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability)
This amended provisions of this Act shall begin applying to the first offence under Article 3 (1) committed after this Act enters into force.