[뉴스줌=정진태기자] On the 28th, Joo Cheol-hyun, a member of the National Assembly of the Democratic Party of Korea (Yeosu City), proposed a revision to the Criminal Act to improve unreasonable regulations and encourage proactive administration by local governments and corporate social contribution, and a revision to the Public Official Election Act to promote voting participation.
The ‘Criminal Act’ amendment proposed by Rep. Joo Cheol-hyun is. The goal is to enable businesses that have received authorization or permission from local governments to carry out social contribution projects such as providing convenience facilities or sponsoring goods to public institutions, public interest corporations, etc. for the public interest.
According to the current ‘Criminal Act’ and Supreme Court precedent, even if a local government implements a social contribution project such as receiving welfare or convenience facilities in return for legal and just permission and permission in order to return development profits to the local community, the criminal law does not apply. Third-party bribery under Article 130 may apply.
For example, even if a legal building permit is issued and a company receives support for the installation of a ramp at a welfare facility for the disabled operated by a local government, a third-party bribery crime can be established, which reduces the social contribution of companies and the welfare of residents. It has been pointed out that this limits the active administration of local governments.
Accordingly, Rep. Joo’s amendment prevents punishment in cases where the state, local governments, public institutions, public interest corporations, etc. receive support for performing duties, such as installing convenience facilities, for the ‘public interest.’
The amendment to the ‘Public Official Election Act’ proposed by Rep. Joo Cheol-hyun includes provisions to provide transportation to polling places to encourage voting participation.
According to the current Public Official Election Act, providing transportation to a polling place purely to encourage voting, regardless of support for a specific political party or candidate, is subject to the crime of bribery (Article 230) or violation of donation (Article 257). This may apply.
For example, even simply encouraging a neighbor to vote and offering a ride in their own car to a neighbor who has given up voting because visiting the polling place is inconvenient can constitute an election crime, which violates general common sense as well as election policies that encourage voting participation. There is a gap.
Accordingly, the state assemblyman’s amendment includes providing transportation to the polling place as legitimate voting solicitation activity, as long as it does not induce voting for a specific political party or candidate. However, in order to prevent abuse of the system, the provision of transportation facilities to election officials such as candidates, their families, and election officials has been restricted.
Rep. Joo Cheol-hyun explained, “We proposed two amendments simultaneously to improve unreasonable regulations that limit local governments’ active administration and encouragement of voting participation,” and added, “The amendments passed the National Assembly quickly, contributing to corporate social contribution and the promotion of residents’ welfare.” “I hope it will help increase voter turnout,” he said.
* **How might Rep. Joo’s proposed amendment to the Criminal Act affect the balance between encouraging corporate social responsibility and preventing corruption?**
## Local Government Support for Social Contribution Projects Faces Legal Hurdles: Proposed Amendment Aims for Clarity
**Yeosu City, South Korea** – Representative Joo Cheol-hyun of the Democratic Party of Korea, representing Yeosu City, has proposed amendments to both the Criminal Act and the Public Official Election Act, aiming to address what he sees as outdated regulations hindering local government initiatives and civic participation.
**Simplifying Social Contribution:**
The focus of Rep. Joo’s Criminal Act amendment is on clarifying the legal landscape around corporate businesses engaging in social contribution projects. Currently, ambiguity within both the Criminal Act and Supreme Court precedent creates a chilling effect on companies wishing to support their communities.
The problem stems from the potential application of Article 130 of the Criminal Act, which deals with third-party bribery. Even when a company undertakes a social contribution project, such as installing ramps at a disability welfare facility in exchange for legal building permits, the risk of being accused of bribery discourages these valuable partnerships.
Rep. Joo’s amendment seeks to rectify this situation by exempting scenarios where state entities, local governments, public institutions, or public interest corporations receive support for the performance of their duties from the purview of Article 130.
This change, the representative argues, will encourage businesses to contribute more actively to their local communities, ultimately benefitting residents and fostering a more vibrant and supportive social environment.
**Boosting Voter Participation:**
Beyond streamlining social contribution projects, Rep. Joo also proposes amending the Public Official Election Act to promote increased voter participation. The specifics of these amendment proposals are yet to be released.
Rep. Joo’s twin proposals underscore his commitment to promoting both responsible corporate citizenship and active civic engagement. The success of these amendments will depend on thorough discussion and debate within the National Assembly, as lawmakers weigh the potential benefits against any unintended consequences.
