No one shall solicit any public official or relevant person performing his or her duties, directly or through a third party, to do any of the following improper acts:
14 types of prohibited improper solicitations
Handling or manipulating admission, grades, or performance tests at schools
Exerting influence over authorization, permission
Intervening in the personnel management such as appointment or promotion
Intervening in selecting or rejecting contract winners
Abnormal transaction practices of goods and services produced and provided by public institutions
Intervening in assessments and judgments
Intervening in the appointment or rejection of a person who will participate decision- making process of public institutions
Intervening in selecting winners of award or prize granted
Excluding subject matter or ignoring discovered vidations of administrative guidance, control, etc
Discosing duty-related information on tender auction, etc
Itevening in assignment or provision of subsidies or investment
Intervening investigation judgment, etc of a case
Handling matters related to military service in violation of Acts
Mitigating or remitting administrative dispositions or punishments
Exceptions to improper solicitations are (a) requesting certain actions in accordance with Acts and standards; (b) publically requesting a certain action; (c) inquiring public institutions on the completion or progress of a certain duty through legitimate procedures and activities.
No one shall offer, promise to offer, or express any intention to offer, any unacceptable financial or other advantage to any public official or relevant person, or to his or her spouse.
Offering & Receiving unacceptiable financial and other advantages means:
Offering & Receiving financial advantages exceeding KRW 1 million at a time or KRW 3 million in a year regardless of duty- relatedness
Offering & Receiving financial advantages not exceeding KRW 1 million in connection with the receiver's duty
A Public official's spouse Offering & receiving proohibited advantages in connection with public official's duty
Offering & receiving an honorarium for an outside lecture exceeding the limits under the Presidential decree
Exceptions are (a) financial advantages provided by close relatives, (b) financial advantages provided by a long- time friend to the public official in need of help due to disease or disaster, or (c) souvenirs or promotional goods distributed to many and unspecified persons.
Compliance Checklist for Anti-Corruption
Relevance of the duties of the public officials
If any of the above items applies, the provision of any financial or other advantages to the public officials in charge is strictly prohibited.
Exceptions
In the event of such exception, the provision of money or goods to public officials is permitted.
Public officials directly involved in the company's business
If any of the above items applies, the provision of any financial or other advantages is strictly prohibited.
Compliance Letter
Sang-Joon Park / Ph.D. in Law
Compliance OfficerThe Improper Solicitation and Graft Act, which is better known to us as the Kim Young-ran Act, has been in effect since September 28. The law prohibits improper solicitation and money transfers to public officials. We must meet our standards of conduct for this purpose of legislation. In this article, I would like to explain the Act for directors and employees of the company. As the name implies, this law regulates i) the prohibition of improper solicitation to public officials and ii) the prohibition of providing money for public officials.
First, improper solicitation refers to asking public officials to violate the relevant laws or to handle the affairs outside the status and authority. In this case, if a party makes an affirmative appeal directly to a public officials, the party is not punished, but a public officials who has been asked to do so is punished. However, in the event of improper solicitation through a third party, the person concerned, third party and public officials are all punished. A request made by the Company's directors and employees shall be punished as a third-party request, not as a request by the party. In particular, whether or not the solicitation affected or realized the actual performance of the public official's job, it is punished by the act of improper solicitation itself.
Next, the company's directors and employees shall not provide any money to the public officials in connection with their duties, at which time the consideration will not be questioned. Furthermore, a person shall be punished with criminal penalties if he provides money that exceeds 1 million won at a time or exceeds 3 million won in fiscal year total, regardless of any connection to their duties and regardless of any pretext such as donation, sponsorship, gift, etc. On the other hand, there is no penalty provision for providing money of less than 1 million won at a time and less than 3 million won in each fiscal year, if not related to the duties of public officials. However, we must recognize that the courts have a very wide range of the duties of public officials.
In exceptional cases, however, any of the following shall be allowed to offer to the public officials: ① food, the value of which is less than 30,000 won, gift, the value of which is less than 50,000 won, congratulatory or condolence money less than 50,000 won for purposes of social relationships, rituals, or aid ② money, goods, etc., provided uniformly in a normally accepted range by an organizer of an official event related to the duties of a public officials, etc. to all participants thereof, in the form of transportation, accommodation, food and beverages, etc. ③ souvenirs, promotional goods, etc. to be distributed to multiple unspecified persons, or awards or prizes given in a contest, a raffle, or a lottery. However, it should be noted that the public officials who is directly involved in the job are not allowed to be provided with the money of 30,000 won and 50,000 won as described above. No person shall offer, promise to offer, or express any intention to offer any prohibited money, goods to any public officials or to his/her spouse.
In addition, the public officials who are subject to the Act include employees who work in government offices, public institutions, schools and media companies. Public affairs organizations or public institutions include various state-owned enterprise, researchers, technicians, associations, committees, and national and public hospitals. Therefore, it is necessary to carefully examine whether the other party is a public officials.
On the other hand, even if a company employee has a personal relationship with a public officials or a journalist, the company is also punished by law when providing money or improper solicitation. In addition, the profits from the violation of the law are unfair and can be fully recovered by the relevant authorities. Therefore, special attention should be paid to the relationship with the public officials.
It should not be misunderstood that a violation of the law will not be a problem or an idea that it will be 'okay' or 'okay' due to the practices, recognition(humanity), and relationship during that time. Because the law provides for a well-prepared reporting system for the public officials. In other words, the public officials are not only motivated to voluntarily report complaints and immunity regulations, but also protect and compensate for other complainants. As the money provider may change their mind and report at any time, it is a reasonable choice to refuse to accept any money or to report voluntarily in the public office.
There are still a lot of controversies about the various requests of public officials and the provision of money, but it is often difficult to judge whether violation of the law is clear. However, there is a greater legal risk if you try to keep the baseline of the law in breach without radically correcting existing practices. Therefore, if there is any suspicion of violation of the law, it is necessary to act on the basis of strict judgment as 'one more step' than the law.
The company has already declared through its Code of Ethics and CEO Message that it will apply the principle of zero tolerance to all directors and employees who violate anti-corruption laws. Furthermore, the company makes it clear that it can not justify violations of laws and codes of ethics because of the company's profit or revenue targets. If you do not adhere to the anti-corruption laws, keep in mind that all directors, employees and company can be punished easily, and all directors and employees should be fully aware of the laws and have high ethical standards.
Compliance
Transparent and fair, ethical management
Poongsan Group's Cyber Reporting System accepts reports on ethics violations by the company and its employees. Your proactive reporting will serve as a foundation for fostering a more transparent and fair organizational culture within our company.
Misconduct, corruption, bribery, and acceptance of improper gifts by employees whilst in the course of their duties
Illegal or improper use of company assets
Actions that damage the company's image and reputation
Actions that harm organizational culture, such as unfair directives and harassment
Any other actions that violate ethical standards and norms
Online Submission: Submit your report through Poongsan Group's Cyber Reporting System on our official website.
Email: Send your report to the designated ethics compliance email address.
Hotline: Call the dedicated ethics hotline to report violations.
Mail: Send a detailed report to our corporate ethics office via mail.
Procedure :
(1) Receipt of Report: Upon receiving the report, an acknowledgment of receipt will be sent to the reporter.
(2) Preliminary Review: The report will undergo a preliminary review to determine the validity and scope of the issue.
(3) Investigation: A thorough investigation will be conducted by the ethics compliance team.
(4) Resolution: Based on the findings, appropriate actions will be taken, which may include disciplinary measures or policy changes.
(5) Feedback: The reporter will be informed of the investigation outcome, ensuring confidentiality and the protection of their identity throughout the process.
Email sdkim@poongsan.co.kr
Postal address Audit Div. Poongsan Holdings, 16th Floor, Poongsan Building, 23 Chungjeong-ro, Seodaemun-gu, Seoul 03737
Telephone +82-2-3406-5303
Confidentiality: The identity of the whistleblower and the content of the report will be kept confidential.
Protection from Retaliation: Whistleblowers will not face any disadvantages or retaliation as a result of their report.
Consideration for Self-Reporting: If the whistleblower reports corruption or misconduct related to themselves, leniency may be considered.
Data Security: All information provided to the Cyber Reporting System is securely managed on a separate server to protect the whistleblower’s identity, with only minimal information (name, email, phone number) required.
Data Handling: All personal information is handled and disposed of in accordance with the Personal Information Protection Act.
※ Please note: while submissions can be made in writing or via telephone, we strongly encourage using the website
Report Number:
Password Confirmation:
Please enter the report number and password to check the response to your report.
If you lose your report number or password,
please submit a new report or contact us at cyber@poongsan.co.kr
담당자 확인중입니다.