The Kim Young-Ran Law Constitutional Petition Case: The Blade of Integrity or Excessive Legislation?

"Could one meal become illegal?" People were shocked when the Kim Young-ran Law first emerged.

Hello! Recently, I saw the Kim Young-ran Law being discussed again in the news. In fact, when this law was first implemented, I remember a gathering where everyone was seriously calculating the cost of the menu. "Wouldn’t this be a violation if we eat this?" This joking but serious conversation... The Kim Young-ran Law was not just an anti-bribery law, but a turning point that changed the public ethics culture in our society. But now it has even reached a constitutional petition? Today, let’s dive into the background of this law, the controversy, and the Constitutional Court’s ruling.

Table of Contents

What is the Kim Young-Ran Law? Background of the Constitutional Petition Key Issues and Major Arguments Constitutional Court’s Ruling Public Opinion and Social Reactions Future Tasks and System Improvements

What is the Kim Young-Ran Law?

The Kim Young-Ran Law, officially known as the "Act on Prohibition of Improper Solicitation and the Receipt of Money and Goods," was implemented in September 2016. This law, aimed at ensuring public officials' integrity and eradicating corruption, not only applies to government officials but also extends to teachers and journalists. The key component of the law is the '3·5·10 rule', which prohibits spending more than 30,000 KRW on meals, 50,000 KRW on gifts, and 100,000 KRW on congratulatory or condolence money. It shook Korean society's entire culture of entertaining, going beyond simply preventing bribery.

Background of the Constitutional Petition

Immediately after the law was implemented, strong opposition arose from sectors such as agriculture and the media. In industries where entertaining is seen as essential, the law was criticized as an excessive piece of legislation that disregarded reality. Specifically, media and farming associations filed a constitutional petition, arguing that it infringed upon the freedom to perform their profession and violated the constitution due to its vague and overly broad prohibitions.

Claimant	Reason for Constitutional Petition
Media Associations	Suppression of reporting activities, infringement on freedom of expression and press
Agricultural and Livestock Sector	Threat to livelihood due to decline in gifts related to weddings and funerals

Key Issues and Major Arguments

The argument that the Kim Young-Ran Law is unconstitutional revolves around several key issues, as summarized below.

• Infringement on occupational and press freedoms
• Excessive vagueness causing confusion for the public
• Potential for excessive criminal penalties

Constitutional Court’s Ruling

In July 2016, the Constitutional Court ruled that the law is constitutional. With a majority ruling of 8:1, the Court affirmed the legitimacy and necessity of the law. The Court stated that "Corruption is a serious social evil that threatens democracy and the market economy order, and the state's preventive measures against it are justifiable." However, it noted that some of the ambiguous expressions could be clarified through subsequent enforcement decrees and interpretations.

Public Opinion and Social Reactions

Although there was discomfort and confusion in the early stages of implementation, public awareness has shifted over time. Positive reactions emerged, seeing the law as a step toward a transparent and clean society. Especially, younger generations embraced the law as a symbol of a 'fair society.'

Reaction Entity	Main Response
Civic Groups	A milestone in restoring social trust, welcoming the constitutional ruling
Self-Employed	Initial financial impact due to decrease in meal and gift sales
Generation 2030	Support for the value of 'fairness' and enthusiasm for the law

Future Tasks and System Improvements

The Kim Young-Ran Law is still evolving. With amendments to enforcement decrees, reasonable adjustments are being made, and there is also an emphasis on the need for governance linked to various systems. Most importantly, it is crucial to refine the law in a way that reflects both its purpose and the practical realities.

• Specific clarification of excessively broad expressions
• Flexible standards reflecting the realities of each profession
• Maintaining a balance between corruption prevention and the protection of rights

Frequently Asked Questions (FAQ)

Q Who is subject to the Kim Young-Ran Law?

Public officials, public institution employees, journalists, and private school teachers are included, especially those in positions with significant public influence.

Q What is the 3·5·10 rule?

It is a restriction on exceeding 30,000 KRW for meals, 50,000 KRW for gifts, and 100,000 KRW for congratulatory or condolence money.

Q Does the Kim Young-Ran Law apply to regular citizens?

While not directly applicable to regular citizens, offering gifts or money to public officials or journalists may result in violations.

Q What penalties will I face if I violate the law?

You may face a fine, and if the violation exceeds a certain amount, criminal penalties may apply. In some cases, administrative actions such as dismissal may also occur.

Conclusion: The Changing Landscape of Society through the Law

The Kim Young-Ran Law has been a social experiment and a cultural turning point. It made us reflect on how the practices we took for granted have created structural problems. Though there are still some trial and error, this law has rooted the value of 'transparency' in our society. I believe that this law will continue to evolve in communication with reality toward a better direction. How do you view the Kim Young-Ran Law? Share your thoughts in the comments!