Notice
Newsletter
Article
HOME > News > Article

Writer
fpclub [Date : 2018-03-28 00:00:00 ]   
Subject Maeil Economy – [Cover Story] ¡°Corruption Punishment Is Generous in Republic of Korea... Companies Could Disappear After Insisting on Innocence Until the End in U.S.¡±

Mr. Drago Kos, Chair of the OECD Working Group on Bribery

¡ªWhy is a positive reward system important to prevent corruption?

¢¹Some companies do not invest in compliance and business ethics systems because they do not think economically beneficial. That is why voluntary corporate motivation is needed. Especially, pre-motivation is more essential than addressing post-action on the company that commits corruption crimes. For example, Italy is the most representative example by introducing the system preventing the company with an insufficient compliance system from participating in public procurement projects.

In addition, there are many more compensation schemes, such as granting additional points in public procurement tenders or specifying compliance as a requirement condition for getting export credits.

¡ªDoes compliance and business ethics help corporate performance?

¢¹It is known that the most ethical companies in the world are 20% more profitable than S & P 500 companies. This means that compliance and business ethics results in practical compensation. For a country as a whole, it can be found that GDP growth decreased by 0.13% if the corruption related index increased by one point. 

¡ª Is there a company that makes good use of it?

¢¹Siemens is a good example. I once have asked Chairman of Siemens how profits have changed since Siemens decided not to give bribes, compared to give bribes in the past. Surprisingly, they said more profits followed after deciding not to give bribes. 

¡ªWhat do you think about the South Korean law and regulation regarding anti-corruption?

¢¹The OECD Working Group on Bribery estimates that Republic of Korea has good laws and regulations, but it does not apply punishment and sanctions sufficiently. Looking at the actual penalty rate, South Korean judges tend to apply the weakest punishment. In 2014, we found that all five cases of corruption in Republic of Korea were sentenced to fines, not imprisonment. At that time, we concluded through our report that it was not enough. However, I am convinced that this trend will change due to the impacts of the unfortunate incident related to the former President last year. People's attitudes are also changing, as awareness and sensitivity towards corruption is increasing.

¡ªOne of former Presidents is also being investigated by the prosecution.

¢¹That is the evidence that the system is working well. There are many countries which do not think that they should investigate former and current presidents. When I was a Head of the Anti-Corruption Committee in my country, Slovenia, I had a chance to investigate the Prime Minister directly. At that time, the National Assembly asked me to resign three times. My whole family suffered from negative statements and articles. 

¡ªAre there global changes or trends related to anti-corruption?

¢¹The 2014 report was very surprising. First of all, about the half of international corruption crimes occurred in developed countries. Also, 40% of the corruption crimes were approved by the board, and 12 % were bribed directly by the CEO. People think that corruption is done in working staff level, but it happened at the highest level. The last trend was that about 60% of corporate cases ended with a negotiated settlement. Companies acknowledge their guilt and do plea-bargaining, so that judicial proceedings do not go to the verdict by agreeing with a prosecutor or a judge. This is a desirable trend. It is effective to reduce the cost of judicial proceedings. In some countries, however, settlements are not carried out fairly and equitablly.

¡ªMany South Korean companies tend to insist on their innocence until the end.

¢¹In my personal opinion, it would be because companies believe sentence can become not high, if they insist on their innocence until the end. The same phenomenon can be observed in Slovenia too. It means that the judicial system in Republic of Korea should be improved. A current trend is law application can not become a real threat, even if companies committing corruption crimes insist on their innocence until the end. However, since law application and the judicial system in U.S. are strict, companies may end up disappearance, if they insist their innocence until the end. Therefore companies choose to accept being guilty and pay fines.

¡ªYou are working very closely with the Foreign Corrupt Practices Act (FCPA) Department of U.S. Are there any recent trend related with the FCPA?

¢¹When Donald Trump was elected in the U.S., I feel pessimistic because he made critical remarks about the FCPA a few years ago. However, there was no negative change. Rather, there is a trend that the FCPA engages more actively in global corruption problems. It not only investigates and punishes bribery crimes, but also to establish but also sets up and develops the future standards that companies have to comply in relation with corruption crimes. It was the change that could not be seen until last year.

¡ªIs there any movement in the OECD or other companies or organizations to use the block chain to prevent corruption?

¢¹I think the block chain has the potential to prevent corruption. For example, Russia uses an e-voting system utilizing the block chain. You can imagine Georgia uses the block chain for real estate registration and management. The OECD will also begin to research for specific applications.

¢º¢º Who is Mr. Drogo Kos…

In 2014, he became the Chair of the OECD Working Group on Bribery. From 2003 to 2011, he was Chairman of the Group of States against Corruption (GRECO). He is an international anti-corruption expert. He is a Slovenian and worked as Chair of the Corruption Prevention Committee from 2004 to 2010. He even investigated the unsound tie between politics and business, in which the Slovenian Deputy Prime Minister and a large pharmaceutical company were involved. The OECD Working Group on Bribery, the organization under the OECD, oversees implementation of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, the first international treaty to define bribery in international commercial transactions as a crime.

http://news.mk.co.kr/newsRead.php?year=2018&no=170592

[ Write | Reply | Modify | Delete ] [ List ]
[ Total : 347 | page : 18 ]
[ Sort : Date | Read  ]
No Subject Read File Date Writer
227   Council News - Korea Labor Foundation participated in the Fair Player Club 23452 17/03/17 Admin  
226   JN News - Korea Labor Foundation participated in the Fair Player Club 25394 17/03/17 Admin  
225   Jungbu News - Korea Labor Foundation participated in the Fair Player Club Summit 23634 17/03/17 Admin  
224   Seoul City - PARK Won-soon, Mayor of Seoul Metropolitan Government, participated in Fair Player Clu 23372 17/03/17 Admin  
223   Yonhap News - 2017 Fair Player Club Summit 24024 17/03/17 Admin  
222   FN Today - GCNK hosted £§Fair Player Club Summit£§ on February 24, 2017 23345 17/03/17 Admin  
221   Jungbu News - PARK Won-soon, Mayor of Seoul Metropolitan Government, participated in Fair Player Cl 23415 17/03/17 Admin  
220   Today Economy - PARK Won-soon, Mayor of Seoul Metropolitan Government, participated in Fair Player 23447 17/03/17 Admin  
219   Shinmoongo News - PARK Won-soon, Mayor of Seoul Metropolitan Government, participated in Fair Playe 23236 17/03/17 Admin  
218   Woman News - PARK Won-soon, Mayor of Seoul Metropolitan Government, participated in Fair Player Clu 23142 17/03/17 Admin  
217   A.N.T News - PARK Won-soon, Mayor of Seoul Metropolitan Government, participated in Fair Player Clu 23415 17/03/17 Admin  
216   Up Korea - PARK Won-soon, Mayor of Seoul Metropolitan Government, participated in Fair Player Club 23208 17/03/17 Admin  
215   Yonhap News - PARK Gyeong-ho, Vice Chair of Anti-Corruption and Civil Rights Commission, gave his l 23243 17/03/17 Admin  
214   Newsis - PARK Won-soon, Mayor of Seoul Metropolitan Government, gave an congratulatory speech in th 23260 17/03/17 Admin  
213   News1 - PARK Won-soon, Mayor of Seoul Metropolitan Government, gave an congratulatory speech in the 23230 17/03/17 Admin  
212   Ks Ilbo - Ulsan and other 7 metropolitan cities with 122 Companies and Organizations, joined ¡®Fair 23281 17/03/17 Admin  
211   Acrofan - 7 Metropolitan Cities nationwide with 122 companies and organizations, joined ¡®Fair Play 23686 17/03/17 Admin  
210   Ulsan Maeil - Oh Gyu-taek, Deputy Mayor for economic affairs of Ulsan government city attened in 20 23448 17/03/17 Admin  
209   Policy Briefing - Korea Labor Foundation participated in the Fair Player Club Summit 23390 17/03/17 Admin  
208   Newsis - Korea Labor Foundation participated in the Fair Player Club Summit 23360 17/03/17 Admin  

ÀÌÀü 6 °³ ... 7 8 9 10 11 12 ... ´ÙÀ½ 6 °³ [ Write | List | List]  
Hosted by Global Compact Network Korea (GCNK)
Organized by Global Competitiveness Empowerment Forum (GCEF)
Sponsored by Siemens Integrity Initiative
Fair Player Club Secretariat TEL : +82-2-749-2149~2150 / +82-2-714-5964 FAX : +82-2-749-2148
Email: gckorea@globalcompact.kr / infogcef@gmail.com
Copyright¨Ï by Fair Player Club Secretariat All right reserved. webmaster