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Korea's Anti-Corruption Strategies and Experiences Korea's Anti-Corruption Strategies and Experiences 3 September 2013 Lee Sungbo, Chairman Anti-Corruption and Civil Rights Commission Republic of Korea
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Since the Enactment of the Anti-Corruption Act in 2001 - Widespread recognition to eradicate corruption for national development - Improved sense of integrity among public officials National agenda to “straighten out misguided practices of the past” - Put our priority on raising the integrity level of the Korean society as a whole While the national integrity level has continuously increased, there’s much to be done considering its economic status 1
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1.Before establishing an anti-corruption body (1948 to the early 1990s) - Turning to a donor country from a recipient country, achieving successful national development - Some irregularities and expedients happened during rapid economic growth 2. Setting up institutional foundation for anti-corruption system (mid 1990s to the early 2000s) - Movements to raise transparency in society at home and abroad Enactment of the Anti-Corruption Act (2001) 2 Establishment of an anti-corruption agency: KICAC (2002)
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3. Active anti-corruption activities and widening targets of policies (2002 to 2007) 4. Integration of government watchdog agencies (2008-present) Reform of public attitudes and culture tolerant of corruption Improvement of laws and institutions with corruption risks Stringent punishment against corrupt acts - Integrating functions of monitoring & redressing illegal/unreasonable administrative practices & corruption/wrongdoing 3
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4 Anti-corruption body’s initiative Each agency’s voluntary efforts Case-oriented approach Scientific / systemic approach Punishment for corruption Preventive anti-corruption system Public sector integrity Private sector integrity
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1. Coordinating pan-governmental anti-corruption policies ▪ “Anti-corruption” as a national agenda ▪ Pan-governmental Anti-corruption basic plan - establishing mid- to long-term anti-corruption measures - providing anti-corruption policy guidelines for public agencies - monitoring/evaluating anti-corruption initiatives of public agencies - offering consulting for the agencies with low levels of integrity - Establishment of comprehensive & long-term anti-corruption strategies at the national level 5
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2. Preventive anti-corruption system 2.1. Improvement of corruption-causing laws and institutions ▪ Process of institutional improvements ▪ Enhancement of transparency in corruption-prone areas such as public companies, building/construction, taxation, and education * ACRC made a total of 174 recommendations (1,760 specific issues) to improve laws & institutions between 2002 and August 2013. Selecting corruption- prone areas Collecting materials and researching facts Collecting opinions and recommending institutional improvements Monitoring and feedback 6
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2.2. Corruption Impact Assessment (CIA) ▪ Since 2006, over 90% of ACRC's recommendations have been followed ▪ Expand CIA to the existing laws & regulations as well as draft of them * Assessment Criteria: Discretion, Compliance & Transparency Government Agencies A C R C Recommendation to remove corruption-causing factors Enactment/amendment proposals of laws & regulations 7
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2.3. Integrity Assessment and Integrity Consulting Corruption Perceptions Survey Integrity Consultancy Service Integrity Assessment Advice on Improving Integrity Corruption-prone areas/level of corruption Causes of corruption Evaluating anti-corruption efforts of public agencies Anti-Corruption Policies Anti-Corruption Initiatives Assessment 8
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2.4. Enactment of the Code of Conduct for Public Officials (2003) ▪ Code of Conduct for Public Officials - Setting up ethical standards for public officials and encouraging them to implement the standards - Central governments, local governments, and public service agencies set up and are implementing their own codes of conduct. - Enacting the Code of Conduct for Local Council Members (2010) 9 Education & promotion activities on the code of conduct A C R C Investigation & monitoring on the violations of the code
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3. Detection and Punishment for corruption 3.1. Examination of corruption reports ▪ Procedure of corruption reports Reporting corrupt behaviors Fact-finding Investigating/ notifying the ACRC of the results Handling investigation results ReporterACRC Investigative agencies ACRC ▪ The detection rate of corruption cases referred to investigative agencies is over 70% 10
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3.2. Whistleblower protection and reward 11
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▪ Encouraging ethical behaviors of public officials throughout the whole public career cycle ▪ Making “Integrity Training” conditional for public officials to be promoted or seconded overseas 12 4. Spreading a culture of integrity
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1. Improving transparency in the private sector ▪ Enactment of Act on the Protection of Public Interest Whistleblowers ▪ Proposing the Amendment - Protect whistleblowers on any violation of the public interest such as public health & safety, the environment and fair competition (2011) -Help businesses establish compliance/ethical management framework, resulting in the increase in transparency of Korea 13 - Expand the scope of public interest violations to be reported - Recommend awards or provide award money for whistleblowers
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2. Bill on the Prevention of Illegal Solicitation & Conflict of Interest ▪ Background -Growing public concern over illegal solicitation and influence-peddling 14 - No punishment for corrupt acts without duty-relatedness or reciprocity under the current criminal law of Korea ▪ Major contents of the bill -Prohibition on illegal solicitation or influence peddling -Prohibition on receipt/request/promise of money or any item of value regardless of duty-relatedness or reciprocity -Prohibition on any forms of conflict of interest
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▪ Refinement of anti-corruption policies to keep up with the trend - Economic growth & democracy driven by enhanced integrity & transparency with anti-corruption policies 15 ▪ Collective response with other countries & international bodies - Exchange of best practices & system with the international community
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