2016, 418 Violation of the Improper Solicitation and Graft Act and the Prohibition of Acceptance of Money and Valuables

○ Kim

Chicago-si

October 10, 2017

A person who commits an administrative fine shall be punished by an administrative fine of KRW 80,000.

1. Facts of recognition;

According to the records, the following facts are recognized.

A. On September 28, 2016, at around 14:00 on September 28, 2016, a person who is a director of a corporation A, indicated B’s employees and B’s employees at the office of ○○○○○○○ Headquarters (hereinafter “B”) and the schedule for the planned prevention and maintenance of ○○○ Headquarters No. 1-4 in 2017, and 27,000 won.

B. A Co., Ltd. is an enterprise that acquires a certificate of registration concerning the maintenance of power generation facilities and construction works, etc. and carries out light maintenance works at power plants.

2. Determination

A. Whether the Improper Solicitation and Graft Act was violated

B is a market-type public corporation under Article 5 (3) 1 (a) of the Act on the Management of Public Institutions, and is a public institution under Article 4 of the Act on the Management of Public Institutions. Accordingly, employees of B constitute "public officials, etc." under Article 2 (2) 2 (b) and 1 (c) of the Act on the Prohibition of Improper Solicitation and Graft, Etc. (hereinafter referred to as the "Improper Solicitation and Graft Prohibition Act") and "public officials, etc.".

Therefore, the act of providing money and valuables to B employees related to one's own business and the two employees, like the above facts, constitutes an act prohibited by Article 8 (5) of the Improper Solicitation and Graft Act, and there is no circumstance to deem that it constitutes an exception to Article 8 (3) of the Improper Solicitation

B. Article 23(5) of the Act on the Prohibition of the Improper Solicitation and Punishment of Fines for Negligence provides that the fine for negligence shall be imposed in an amount equivalent to two to five times the value of the money, goods, etc. related to the violation. Determination of specific amount within the scope of two to five times the value of the money, goods, etc. may take into comprehensive account the content and degree of the duty relationship of the public official, etc., personal relations between the parties to whom the money, goods, etc. are given, personal relation between the parties to whom the money, goods, etc. are given, and kinds and value of the money, goods, etc.

3. Conclusion

If so, it shall be decided in accordance with Article 23 (5) 3 and Article 8 (5) of the Improper Solicitation and Graft Act, and Article 44 of the Act on the Regulation of Violations of Public Order.

October 10, 2017

Judges Lee Jong-soo