Act on Combating Bribery of Foreign Public Officials in International Business Transactions [Trial 24.03.2010] [Act No. 10178, 24.03.2010, some revision] Article 1 (Purpose) Punish acts of international commerce and to offer bribes to foreign public officials, including the law of the Organization for Economic Cooperation and Development, and contributing to the establishment of a sound international commerce order "Convention for the Prevention of Bribery of Foreign Public Officials in International Business Transactionsfor the purpose of setting forth "in the implementation of the necessary changes. [Amended 03/24/2010] Article 2 (A Range of Foreign Public Officials) In this Act, "foreign public official" is a person who falls under any of the following subparagraphs. 1. Appointed or elected to a foreign government (including all levels of government to the provinces from the central hereinafter the same shall apply) of legislative, administrative or judicial affairs, regardless of who are engaged 2. Corresponding to each one of the neck of foreign people as a public function Attendant A. Entrusted with public received from a foreign government, the person who performs the B. Who are engaged in the work of public institutions or public organizations, was established in accordance with the laws and regulations in order to perform specific official duties C. Exceed 50 percent of the paid-up capital by the foreign government owned or have important business decisions and the appointment and dismissal of officers operating across about the practical dominance of events and corporate employees. However, the equal competitive relationship in the general economy subject and without being discriminatory subsidies or other preferential treatment in the case of companies that do business shall be excluded. 3. The person who performs the duties of a public international organization. [Amended 03/24/2010] Article 3 (Donors, such as the Criminal Liability of Bribery) â‘ Promises or bribes to foreign government officials, including those related to international commerce and the fraudulent purpose of benefiting the work related donor or donor's doctor, who shall be punished by a fine of not more than 5 years in prison or 20 million won or less. In this case, shall be punishable by a fine or imprisonment of not more than 5 years of its profits equal to twice the amount of less than the profit obtained by committing the crime when it exceeds 10 million won.
â‘ĄExceptions referred to in paragraph (1) if any of the following subparagraphs, if applicable. 1. If payment is permitted or required in accordance with the laws and regulations of the country in which the foreign government officials and 2. If you routinely and repeatedly engaged in the business of a foreign public official to perform his legitimate business purpose to facilitate the donor or the donor's doctor appointment, or a small amount of money or other benefit. â‘˘Committing the sin referred to in paragraph (1), imprisonment in jeopardy if the penalties set forth in paragraph (1) bottles. Article 4 (Joint Penal Provisions) In addition to its corporate representatives or agents of the corporation, other employees on the affairs of the corporation and punish the violation of Article 3, paragraph 1, the actors act shall be punishable by a fine of 10 million or less. In this case, the benefits obtained by committing the crime when it exceeds 5 billion shall be punished by a fine of not more than the amount equal to twice that of its profits. However, that this shall not apply if the corporation about their work in order to prevent the violation considerable attention and does not neglect the director. [Amended 03/24/2010] Article 5 (Confiscation) As bribes to the offenses provided for in this Act, perpetrators punish the corporation in accordance with Article 4 (contains) is owned by knowing the context or a culprit other than the self-acquired shall be confiscated. [Amended 03/24/2010]
Addendum <Article No. 10178, 24.03.2010> The promulgation of this Act.
Published on Dec 14, 2012