“Corruption of a High-ranking Official” Subject to CIO Investigation
Subparagraph 3 of Article 2 of the Act on the Establishment and Operation of the Corruption Investigation Office for High-ranking Officials provides the definition of “corruption of a high-ranking official.”
The term "corruption of a high-ranking official" means any of the following crimes committed by a person or his or her family member while he or she is in office as a high-ranking official, provided that in the case of a family member, such crime shall be limited to a crime committed in connection with the duties of the relevant high-ranking official. (The term "family" means a person’s spouse and his or her lineal ascendants and descendants, and in the case of the President, it refers to his or her spouse and relatives within the fourth degree of kinship.)
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A crime prescribed in Articles 122 through 133 of the Criminal Act
(includes cases of aggravated punishment under any other statute)- Abandonment of Duties
(Article 122 of the Criminal Act) - Abuse of Authority
(Article 123 of the Criminal Act) - Unlawful Arrest and Unlawful Confinement
(Article 124 of the Criminal Act) - Violence and Cruel Act
(Article 125 of the Criminal Act) - Publication of Facts of Suspected Crime
(Article 126 of the Criminal Act) - Divulgence of Official Secrets
(Article 127 of the Criminal Act) - Obstruction of Election
(Article 128 of the Criminal Act) - Acceptance of Bribe and Advance Acceptance
(Article 129 of the Criminal Act) - Bribe to Third Person
(Article 130 of the Criminal Act) - Improper Action after Acceptance of Bribe and Subsequent Bribery
(Article 131 of the Criminal Act) - Acceptance of Bribe through Good Offices
(Article 132 of the Criminal Act) - Offer, etc., of Bribe
(Article 133 of the Criminal Act)
- Abandonment of Duties
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A crime prescribed in Articles 141, 225, 227, 227-2, 229 (limited to a crime of uttering any document or record prescribed in Articles 225, 227, and 227-2), 355 through 357, and 359 (including cases of aggravated punishment under any other statute) of the Criminal Act in relation to duties
- Invalidity of Public Documents, etc., and Destruction of Public Goods
(Article 141 of the Criminal Act) - Counterfeit or Alteration of Official Document, etc.
(Article 225 of the Criminal Act) - Preparation, etc., of False Public Document
(Article 227 of the Criminal Act) - Falsification or Alteration of Public Electromagnetic Records
(Article 227-2 of the Criminal Act) - Uttering of Falsified Public Document, etc.
(Article 229 of the Criminal Act) - Embezzlement and Breach of Trust
(Article 355 of the Criminal Act) - Occupational Embezzlement, Occupational Breach of Trust
(Article 356 of the Criminal Act) - Receiving or Giving Bribe by Breach of Trust
(Article 357 of the Criminal Act) - Attempts to Embezzle, Breach Trust, or Receive or Give Bribe by Breach of Trust
(Article 359 of the Criminal Act)
- Invalidity of Public Documents, etc., and Destruction of Public Goods
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A crime prescribed in Article 3 (Acceptance of Bribe for Mediation) of the Act on the Aggravated Punishment of Specific Crimes
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A crime prescribed in Article 111 of the 「Attorney-at-law Act」
- Any person who has received or promised to receive money, valuables, entertainment or other benefits under the pretext of soliciting or arranging to solicit a public official handling a case or an affair for favors in connection with the case or affair, or has provided or promised to provide such things to a third party
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A crime prescribed in Article 45 (Offense of Giving and Receiving Political Funds) of the Political Funds Act
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A crime prescribed in Article 21 (Crime of Involvement in Politics) or 22 (Crime of Abuse of Official Authority) of the National Intelligence Service Korea Act
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A crime prescribed in Article 14 (Perjury) of the Act on Testimony and Appraisal Before the National Assembly
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A crime prescribed in Article 3 (Concealment and Disguise of Criminal Proceeds, etc.) or 4 (Giving and Receiving Proceeds, etc. from Crimes) of the Act on Regulation and Punishment of Criminal Proceeds Concealment related to criminal proceeds, etc., under subparagraph 4 of Article 2 of that Act due to an act of crime falling under items 1 through 5
“Related Corruption” That Is Subject to CIO Investigation
Subparagraph 4 of Article 2 of the Act on the Establishment and Operation of the Corruption Investigation Office for High-ranking Officials provides the definition of “related corruption,” and “corruption, etc., of a high-ranking official” stipulated in subparagraph 5 of Article 2 of the same Act. Accordingly, in the event that a person commits a crime against a high-ranking official together with a high-ranking official, the person is subject to investigation even if the person is not a high-ranking official.
[Related Corruption]
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A crime committed by a person having relations with a high-ranking official prescribed in Articles 30 through 32 of the Criminal Act
- Co-principals
(Article 30 of the Criminal Act ) - Instigator
(Article 31 of the Criminal Act) - Accessories
(Article 32 of the Criminal Act)
- Co-principals
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A crime prescribed in Articles 133 and 357(2) of the Criminal Act committed by a person against a high-ranking official
- Offer, etc., of Bribe
(Article 133 of the Criminal Act) - Receiving or Giving Bribe by Breach of Trust
(Article 357(2) of the Criminal Act)
- Offer, etc., of Bribe
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A crime prescribed in Articles 151 (1), 152, and 154 through 156 of the Criminal Act related to a crime of a high-ranking official, and a crime prescribed in Article 14 (1) of the Act on Testimony and Appraisal before the National Assembly
- Harboring Criminal
(Article 151(1) of the Criminal Act) - Perjury, Malicious Perjury
(Article 152 of the Criminal Act) - Fraudulent Expert Opinion, Interpretation, and Translation
(Article 154 of the Criminal Act) - Destruction of Evidence, etc., and Special Exception to Relatives
(Article 155 of the Criminal Act) - False Accusation
(Article 156 of the Criminal Act) - Perjury
(Article 14(1) of the Act on Testimony and Appraisal Before the National Assembly)
- Harboring Criminal
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A crime committed by a high-ranking official that is found to be directly related to another crime of the high-ranking official while investigating him or her for the other crime