The Constitutional Court of Korea on Thursday ruled that a controversial anti-corruption law that bans solicitation and gift acceptance of public officials does not violate the country’s constitution.

The ruling comes after the Korean Bar Association and the Journalists Association of Korea filed petitions against the law dubbed as the Kim Young-ran law after the former head of the anti-corruption commission who proposed the initial draft.

The bill called Improper Solicitation and Graft Act, which is slated to take effect on Sept. 28, will be applied to not only government officials but also journalists and private school teachers. Under the law, those who are treated with a meal costing more than 30,000 won ($26) will be fined. Gift cannot cost more than 50,000 won, and cash taken from quests to weddings and funerals cannot exceed 100,000 won.

The main focus of the latest ruling was whether journalists and private school teachers should be included in the scope of public officials. Seven out of nine Justices ruled that they should be subject to the new law while two Justices ruled that doing so goes against the constitution.

The court said that educators and journalists have a great ripple effect on the society, causing extensive and long-lasting damage in the society if they are involved in any form of corruption. The court is aware of lingering concerns over a possible infringement of freedom of journalism and private education due to fears over state authority’s misusing of the legislation, but it noted that public interest pursued by the law weighs more than the private interest.

The court also emphasized that the practice of improper solicitation and bribery acceptance cannot be neglected just because of concerns that the new law could result in “temporary difficulties in the society,” citing the positive impact of the law that is expected to reduce corruption and boost social integrity.

More than 4 million individuals are expected to be affected by the anti-graft law including public servants and journalists, bringing changes to the Korean business culture and socializing ways once it takes effect in the end of September.

Under the new act, people under the broader definition of public service would even face a jail term if they or their spouses receive 1 million won in cash or equivalent or more than 3 million won a year regardless of relevance to the work or favors attached.

People in the business circle have been strongly opposing the bill, complaining about potential dent in their business. Giving presents and serving meals is treated as a normal business practice in Korea.

By Lee Hyun-jung

[ⓒ Pulse by Maeil Business News Korea & mk.co.kr, All rights reserved]