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
Act No. 15972, Dec. 18, 2018
Act No. 16909, Feb. 4, 2020
The purpose of this Act is to contribute to establishing sound order in international business transactions by punishing the acts of bribing foreign public officials in conducting international business transactions and to provide for matters necessary to implement the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.
[This Article Wholly Amended on 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 a legislative, administrative, or judicial office of 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 the statutes or regulations 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 the same shall not apply to 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 on Mar. 24, 2010]
| Article 3 (Criminal Liability of Persons Offering Bribery) |
| (1) | Any person who has promised, offered, or expressed his or her intent to offer 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 50 million won. In such cases, if the benefits derived from such criminal act (referring to the value offered if the value of the benefits is smaller than the value offered or is incalculable) exceeds 10 million won, he or she shall be punished by imprisonment with labor for not more than five years or by a fine of not less than two but not more than five times of the benefits (referring to the value offered if the value of the benefits is smaller than the value offered or is incalculable). <Amended on Feb. 4, 2020> |
| (2) | A person who delivers money to a third party for the purpose of engaging in the activities referred to in paragraph (1) and a person who receives such money with the knowledge of such fact shall be subject to the same punishment as provided for in paragraph (1). <Newly Inserted on Dec. 18, 2018> |
| (3) | In cases falling under paragraph (1) or (2), any of the following cases shall be excluded: <Amended on Dec. 18, 2018>. |
| 1. | Where such payment is permitted or required pursuant to the statutes and regulations of the country to which a foreign public official or the like belongs; |
| 2. | Deleted. <Oct. 15, 2014> |
| (4) | Where a person is punished by imprisonment with labor for committing a crime specified in paragraph (1) or (2), a fine prescribed in paragraph (1) or (2) shall be concurrently imposed. <Amended on Dec. 18, 2018> |
[This Article Wholly Amended on 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 a violation 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 benefits (referring to the value offered if the value of the benefits is smaller than the value offered or is incalculable) derived from such criminal act exceed 500 million won, the corporation shall be punished by a fine of not less than two but not greater than five times of the benefits (referring to the value offered if the value of the benefits is smaller than the value offered or is incalculable): 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 violation. <Amended on Feb. 4, 2020> [This Article Wholly Amended on Mar. 24, 2010]
Any bribe given in the course of committing a criminal act 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 on Mar. 24, 2010]
ADDENDUM <Act No. 5588, Dec. 28, 1998>
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)
The amended provisions of this Act shall begin applying to the first offence under Article 3 (1) committed after this Act enters into force.
ADDENDUM <Act No. 15972, Dec. 18, 2018>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 16909, Feb. 4, 2020>
This Act shall enter into force three months after the date of its promulgation.