Critics raise concerns about constitutionality of new anti-corruption law

• published: 04 Mar 2015
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A much contested bill aimed at rooting out corruption passed the parliamentary hurdle yesterday… but critics are already raising concerns that the law′s broad scope may make the legislation unconstitutional. Ji Myung-kil explains. A sweeping anti-corruption law will go into effect starting as early as September of next year,... after an 18-month grace period. Under the new law, public figures "with influence" who receive money or gifts worth more than 912 U.S. dollars, as a bribe for a favor can be jailed for three years or fined up to five times the value of the money or gifts received. The list of "people with influence" includes government officials, lawmakers, reporters and the faculty of public and private schools. But critics are already calling for revisions. One problem, they say, is that a person can be charged under both the anti-corruption law and criminal law. "The criminal statute allows for the punishment of those who receive bribes in exchange for favors... and the anti-corruption law allows for the punishment of a person who takes money or gifts in the amount specified regardless of the existence of a favor. That could lead to a double punishment for a single person." Another problem is that the law does not have a clause that allows for the punishment of those who asked for the favors or contributed the bribes. The law also strengthens the power of the prosecution,... which has already been criticized for abusing its investigative power,... especially where politicians or CEOs are concerned. "Prosecutors will be able to exploit their authority using the anti-corruption law, as it makes it easier for investigations to be conducted with little proof... since the law says a recipient can be punished even in the absence of a favor." Some lawmakers have also raised concerns that the law is unfair because it does not include civic groups, which are seen as the largest interest groups in society. The law was originally aimed at rooting out corruption within the government, but has now been expanded to other people with public influence such as teachers and journalists. "The legal community has expressed concerns that the law is so broad and ambiguous that anyone could become the target of a criminal investigation. Ji Myung-kil, Arirang Nzews."