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.

Advertising

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

Four years on and half a billion dollars later – Tax Inspectors Without Borders

5 lessons for the future success of virtual and augmented reality

EU legislation protecting home buyers approved in Parliament

Could a Digital Silk Road solve the Belt and Road’s sustainability problem?

How to stop data leaks

These countries have the most nuclear reactors

Reparations for sexual violence in conflict – ‘what survivors want most, yet receive least’

EU tourism industry expects a new record year in 2014

COP21 Breaking News_05 December: Carbon Price Needed for Climate Change Success

Afghanistan: top UN official denounces ‘extreme’ suffering of civilians in Ghazni

UN highlights importance of skills development on World Youth Skills Day

The status of the Code of Medical Ethics: loading

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

On World Bee day, human activity blamed for falling pollinator numbers

EYE to kick off on Friday: 8000+ young people discussing the future of Europe 1 – 2 June

At global health forum, UN officials call for strong, people-focused health systems

With Gaza violence ‘escalating as we speak,’ UN envoy calls for ‘immediate stop’

2014 budget: The EU may prove unable to agree on own resources

Harnessing the power of nature in the fight against climate change

The Philippines is reopening a ‘cesspool’ island after a six month clean up

Parliaments broadly agree on next steps for economic, monetary union

Brain drain 2017: why do medical students need to emigrate to become doctors in 2017?

Larger species are more at risk of extinction than smaller ones – here’s why

The EU Commission predicts a decimated growth in the next years

Postal workers in France are helping elderly people fight loneliness

Commission issues guidance on the participation of third country bidders in the EU procurement market

Backed by UN agency, countries set to take on deadly livestock-killing disease

These are the 3 key skill sets workers will need to learn by 2030

‘Crimes against humanity,’ ‘war crimes’ and risk of new ethnic violence in DR Congo, warn UN experts

EU and China to do more in common if the global scene gets worse

Making the most of the Sustainable Development Goal 3: its overlooked role in medical education

The future of science could be in your gut. Here’s why

Access to health in the developping world

UN chief ‘deeply alarmed’ over military offensive in south-west Syria

Children are so hungry in one British town they are eating from bins

Citing public anger and youth activism, OECD Secretary-General urges governments to heed calls for climate action

Gynecologic care in the 21st century

“The Arctic climate matters: to what degree?”, a Sting Exclusive co-authored by UN Environment’s Jan Dusik and Slava Fetisov

EU Commission – US hasten talks to avoid NGO reactions on free trade agreement

Portugal: €4.66 million in aid for 1,460 dismissed workers and jobless young

This Chinese tech giant’s latest gadget is… a bus

“No labels for entrepreneurs!”, a young business leader from Italy cries out

FROM THE FIELD: Malawi farmers diversify to fight climate change

“The Sea is vast as it admits all rivers”, Ambassador Yang Yanyi of the Chinese Mission to EU gives her farewell address in Brussels

UN chief hopes for new agreement after Israel concludes international observation mission

Preparing Africa for ravages of climate change ‘cannot be an afterthought’ – COP24

Globalization is changing. Here’s how your business can adapt

Cohesion Policy: EU invests €880 million to improve Poland’s railway system

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

Greece: Tsipras’ referendum victory does not solve the financial stalemate of the country and its banks

Election-related violence claims 85 lives in Afghanistan: UN report

Why climate change matters for future health professionals

Wind farms now provide 14% of EU power – these countries are leading the way

Bayer-Monsanto merger: the story of the rise of the “endless company”

“As German Chancellor I want to be able to cope with the merger of the real and digital economy”, Angela Merkel from Switzerland; the Sting reports live from World Economic Forum 2015 in Davos

2019 EU Budget: Commission proposes a budget focused on continuity and delivery – for growth, solidarity, security

Climate change as determinant of health: the 21st Century challenge

LETTER FROM AFGHANISTAN: Elections serve up food for thought, for Afghan youth

The creative technology and its advancements

European Semester: The Winter Package explained

More Stings?

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