Korea must enhance detection and reinforce sanctions to boost foreign bribery enforcement

Seoul 2019

This is the scenery of Seoul, capital of South Korea (Unsplash, 2018)

This article is brought to you in association with OECD.


Korea must step up enforcement of its foreign bribery laws and strengthen the capacities of law enforcement agencies to proactively detect and investigate the offence, according to a new report by the OECD Working Group on Bribery.

Enforcement of foreign bribery has weakened since 2011 and the enforcement rate does not correspond to the significant level of exports and outward investment by Korean companies in countries and sectors at high risk for corruption. Korea needs to address key elements of its legislative framework, in particular a longstanding recommendation to increase the level of sanctions for foreign bribery, notably for companies, and ensure that application of its foreign bribery law is not subject to a restrictive interpretation by its law enforcement and judiciary. Korea must also be more proactive in using international cooperation in foreign bribery cases.
The 44-country OECD Working Group on Bribery has just completed its Phase 4 evaluation of Korea’s implementation of the Convention on Combating Bribery of Foreign Public Officials and related instruments.
The Group further recommends that Korea:

  • Improve coordination, information-sharing and cooperation in foreign bribery investigations within and between prosecutorial and police agencies
  • Vigorously enforce related offences of false accounting and money laundering predicated on foreign bribery
    • Ensure the current investigation time limit and the timeframe for prosecuting companies for foreign bribery are sufficient to allow for effective foreign bribery enforcement
    • Enhance its detection capacities by mobilising government agencies and private sector professionals with particular potential for detecting foreign bribery

The report also notes positive aspects of Korea’s anti-bribery framework, notably the recent passing of legislation to close the loophole concerning bribes paid to third party beneficiaries, and its comprehensive legal and institutional framework for whistleblower reporting and protection. This is an example of good practice among the member countries of the Group in this area, and constitutes a potentially strong asset for detecting foreign bribery. Korea’s positive response to foreign counterparts in transnational bribery cases is another encouraging feature: Korea has responded efficiently to intenational cooperation requests by foreign countries, and investigated foreign bribery reports referred to it by foreign authorities.
Korea’s Phase 4 report was adopted by the OECD Working Group on Bribery on 13 December 2018. The report, available at www.oecd.org/corruption/anti-bribery/OECD-Korea-Phase-4-Report-ENG.pdf, lists the recommendations the Working Group made to Korea on pages 70-75, and includes an overview of recent enforcement activity and specific legal, policy, and institutional features of Korea’s framework for fighting foreign bribery. Korea will submit an oral report to the Working Group in December 2019 on progress made to increase foreign bribery sanctions, in particular for legal persons, and a written report within two years (December 2020) on its implementation of all recommendations and its enforcement efforts. This report will also be made publicly available.
The report is part of the OECD Working Group on Bribery’s fourth phase of monitoring, launched in 2016. Phase 4 looks at the evaluated country’s particular challenges and positive achievements. It also explores issues such as detection, enforcement, corporate liability, and international cooperation, as well as covering unresolved issues from prior reports.

the sting Milestone

Featured Stings

Can we feed everyone without unleashing disaster? Read on

These campaigners want to give a quarter of the UK back to nature

How to build a more resilient and inclusive global system

Stopping antimicrobial resistance would cost just USD 2 per person a year

The sad show of Brexit

FROM THE FIELD: Powering up health care in Sub-Saharan Africa

These countries have the most doctors and nurses

EU’s Finance Ministers draft plan to raise tax bills of online giants like Google and Amazon

Youth Guarantee putting young people in jobs

The first-ever climate telethon has raised $2.6 million for new forests

These airports are now opening their doors to non-fliers

Global Citizen – Volunteer Internships

European Youth Forum and youngest MEPs call on President Juncker to keep his promise to Europe’s youth

Reducing deforestation means getting serious about environmental crime

European Parliament approves more transparency and efficiency in its internal rules

Mergers: Commission approves acquisition of Raytheon by UTC, subject to conditions

Climate changes and the imminent public health crises

European Commission determined to conclude EU-Mercosur trade deal this year despite French concerns

EU to manage external borders against the will of member states; Greece to be the first target

Novartis and Johnson & Johnson to deprive Europeans of their right to Health

UN chief condemns air strike that hit school bus in northern Yemen, killing scores of children

Brexit Update: EU endorses unprecedented compromise to help Cameron out of the referendum mess he got himself into

Global climate change: consequences for human health in Brazilian cities

Protection of workers from biological agents: how to classify COVID-19

UN expert condemns new sentence for jailed Venezuelan judge as ‘another instance of reprisal’

UN condemns deadly simultaneous terrorist attacks on military camps in Mali

EU Summit: Why was Poland isolated in opposing Tusk and the ‘multi speed’ Europe

India is building a high-tech sustainable city from scratch

EU announces record €550 million contribution to save 16 million lives from AIDS, tuberculosis and malaria

Intel @ MWC14: Our Love Story with Mobile – Transforming Wireless Networks

He died so I could live: UN peacekeeper pays tribute to fallen colleague

Central American migrants must be protected, urge UN experts

Lorenzo Natali Media Prize 2019: winners of EU’s development journalism award unveiled

Security Council beats midnight deadline, renews Syria cross-border aid in contentious vote

European Commission welcomes the positive assessment about how it has managed the EU budget

Trump systematically upsets global order and trade: Where does this end?

EU Summit/Migration: Parliament calls for joint solutions based on solidarity

European Banking Union: Like the issue of a Eurobond?

Data Protection Regulation one year on: 73% of Europeans have heard of at least one of their rights

Piracy and high seas crime growing, becoming more sophisticated, UN Security Council told

Fair minimum wages: Commission launches second-stage consultation of social partners

Concorde is a reminder that the only way for innovation is up

5 neuroscience hacks that will make you happier

WHO study reveals ‘game-changer’ drug with potential to save thousands of women’s lives in childbirth

Crop yields are up in Syria, but higher prices still cause major strain: new UN report

Education should be like everything else. An on-demand service

Inspiring medical students to choose primary health care

DR Congo: efforts to control Ebola epidemic continue, UN food relief agency doubles assistance to affected people

Canada has the most comprehensive and elaborate migration system, but some challenges remain

How AI can accelerate the search for treatments for emerging and intractable diseases

Future EU-UK relations: EU is offering ‘cooperation of an unprecedented nature’

Deep chasm still divides Athens and Brussels; can Eurozone use the nuclear arm of liquidity against Greece?

Ocean Conference has potential to be a ‘global game-changer’

4 ways to become a ‘business baobab’ on the African economic landscape

Can we create an empathic alternative to the capitalist system?

Migration and the climate crisis: the UN’s search for solutions

The big five EU telecom operators in dire straights

Migration crisis update: The “Habsburg Empire” comes back to life while EU loses control

ECB: Monetary policy decisions

De-escalation of fighting in Hodeida is key to ‘long-overdue’ restart of Yemen peace talks: UN envoy

These are the world’s most future-proof cities

This is what a planet-wide network of ocean sanctuaries could look like

EU Elections: new rules to prevent breaches of data used to influence elections

The shrinking Arctic ice protects us all. It’s time to act

More Stings?

Advertising

Speak your Mind Here

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s