President Lee Jae-myung argued that the current application of the law regarding "third-party bribery" needs to be re-examined, as it can hinder government efforts to promote corporate social responsibility.
President Lee raised the issue of third-party bribery charges while receiving a report on "Plans to Vitalize Corporate Social Contribution" from the Ministry of Trade, Industry and Energy, the Ministry of Health and Welfare, and the Ministry of Unification during the 31st cabinet meeting he presided over at the Blue House this morning (July 21).
President Lee asked, "Does the prosecution currently hold the view that if there is a connection to official duties, any donation made to a third-party public institution following discussions (between the government and a company) is considered guilty?"
He pointed out, "In such a situation, if each ministry communicates with related companies that have even the slightest connection to their jurisdiction to encourage donations to public institutions, it becomes third-party bribery under the current concept," adding, "If there is any link to official duties or pending issues, they all get caught."
"Because the penal system has been operated for political purposes, we have reached this point," he added. "We must find a way to resolve this."
Lee Jin-soo, Vice Minister of Justice, explained, "There have been cases in the past where the prosecution indicted such actions as third-party bribery," but added, "There are instances where the government receives donations when there is a legal basis, such as projects where specific companies build libraries in juvenile detention centers and donate books."
President Lee countered, "That may be the case when the government receives them, but isn't it also being treated as a problem when (donations) are made to the private sector?"
When Vice Minister Lee explained that "third-party bribery requires a 'corrupt solicitation' as a condition," President Lee retorted, "Isn't it the current judicial precedent that if there is a connection, it is viewed as having a corrupt solicitation?"
Vice Minister Lee replied, "It is true that there are practical burdens due to such interpretations," to which President Lee said, "If they really want to pin it on someone, they can. Even if there is a basis clause, they can still be charged." He concluded, "We must clarify the guidelines for this issue at some point." (Photo: Yonhap News)