Jonjae Law Firm Managing Attorney No Jong-eon Offers Expert Opinion on Whether the Anti-Graft Act Was Violated

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OSEN reported on the issue in which YouTuber KwakTube's sponsored postpartum care center room upgrade sparked controversy over whether it violated his wife, a public official, of the 'Kim Young-ran Act' (the Improper Solicitation and Graft Act). Managing Attorney No Jong-eon of Jonjae Law Firm offered expert opinion on whether the Anti-Graft Act applies.

Why Did the Postpartum Care Center Room Upgrade Sponsorship Become a Problem?

On SNS, KwakTube posted photos of himself staying at the postpartum care center with his wife after childbirth and labeled it as 'sponsorship,' but the controversy began when that wording later disappeared without any prior notice. His agency, SM C&C, explained that he had not received a full sponsorship, but only a room upgrade service. However, since the two-week rates at the postpartum care center vary by grade from around 6.9 million won to 25 million won, even a room upgrade alone could be interpreted as a benefit worth at least 3.6 million won to 18.1 million won.

Under the current Anti-Graft Act, public officials cannot receive money, goods, or services exceeding 1 million won per occasion regardless of whether it is related to their duties. Even if the postpartum care center offered the benefit after seeing KwakTube, if the actual user is his wife, who is a public official, whether the Anti-Graft Act was violated becomes the issue.

Attorney No Jong-eon — "If They Knew His Wife Was a Public Official, There Could Be a Violation"

Managing Attorney No Jong-eon pointed out, "The postpartum care center provided a room upgrade after seeing KwakTube and wanted promotional effect through KwakTube, but the actual user was his wife, a public official," adding, "If they provided the upgrade knowing his wife was a public official, there could be a violation of the Kim Young-ran Act."

He continued, "If the postpartum care center did not know that the wife was a public official and there was no intent, there may be no issue," but added, "Since the wife herself is a public official, she should have declined the sponsorship even if it came through KwakTube. In her case, there could be a violation of the Kim Young-ran Act."

Who Is the Sponsorship For — 'Direct Benefit' Is the Deciding Criterion

Managing Attorney No Jong-eon also noted that whether the Anti-Graft Act applies can vary depending on the sponsored item. For example, if a stroller sponsorship were offered to KwakTube, "the person receiving the direct benefit from using the stroller is the child, and the indirect benefit goes to the parents, so if the person receiving the direct benefit is not the wife, who is a public official, it may not be a violation of the Kim Young-ran Act," he explained.