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You must report and return. A duty-related connection exists between a public official of a local public health center who inspects drug stores and an owner of drug store that is subject to the inspection. The spouses of public officials are prohibited from receiving money or goods in connection with the duties of public officials. As soon as a public official becomes aware that a spouse has received money or goods in connection with duties, that official must immediately report to the head of the institution for which they work. In addition, the gift must be immediately returned to the provider.

Only those public officials who have not fulfilled their duties to report will face restrictions. The KRW 500,000 department store gift certificate received by your wife is connected to your duties. As such, it is considered as prohibited money or goods. Public officials are required to report such gifts to the institution for which they work once they become aware of receipt. Those public officials who do not fulfill their duty to report are subject to administrative fines or criminal punishment, depending on the value of money or goods received. The spouse who received the money or goods in connection with duties would not, however, face restrictions according to the Improper Solicitation and Graft Act.

If Onnuri Gift Certificates to be offered to the head of the said institution fall under money, goods, etc., offered by a public institution to its Public Servant, Etc., they are viewed as permissible unless special circumstances exist (Article 8 (3) 1 of the said Act).

Articles 5 through 9 of the said Act shall apply mutatis mutandis to the performance of public duties by private persons performing public duties, and thus provisions regarding outside lectures, etc., under Article 10 of the said Act are not applicable. Article 10 of the said Act shall not apply to private persons performing public duties who give lectures and contribute articles at the request for outside lectures, etc.

If money, goods, etc., offered to Public Servant, Etc., fall under the category of money, goods, etc., provided by a public institution to its Public Servant, Etc., then they can be permitted under Article 8 (3) 1 of the said Act. If the said university professor already retired from the public institution, the money, goods, etc., received cannot be viewed to fall under Article 8 (3) 1 of the said Act. If the said professor is categorized as a public sevant, etc., pursuant to the said Act, accepting money, goods, etc., exceeding KRW 1 million at one time shall not be permitted unless any of the conditions under Article 8 (3) of the said Act is met.

A higher-ranking public official issues orders, which must, in principle, be followed by a lower-ranking public official. As such, it is reasonable to view that the provision of money, goods, etc., by higher-ranking public servant, etc., to lower-ranking public officials of the same public institution is permitted. Each individual case should be reviewed and interpreted based on situations specified in diverse acts and subordinate statutes including the Government Organization Act regarding supervisory authority, etc., for personnel, service, disciplinary action, etc.

Article 8 (3) 1 of the said Act specifies money, goods, etc., offered by a public institution to its Public Servant, Etc., as an exception to prohibited money, goods, etc. Money, goods, etc., offered by the said private company to the said public servant, etc., serving as its outside director cannot be viewed to fall under Article 8 (3) 1 of the said Act. However, money, goods, etc., worth up to KRW 1 million at one time and up to KRW 3 million per fiscal year may be permitted unless they are related to duties performed as a public official, etc. (Article 8 (1) of the said Act). If the said university professor receives money, goods, etc., exceeding KRW 1 million at one time and KRW 3 million per fiscal year, they should also fulfill the conditions under Article 8 (3) of the said Act to be recognized as permissible.

Money, goods, etc., offered by higher-ranking Public Servant, Etc., to lower-ranking public servant, etc., as a consolatory gift, an encouragement, a reward, etc., are permitted pursuant to Article 8 (3) 1 of the said Act. As such, the congratulatory payment of KRW 100,000 provided by the head of the said institution to its public official in this context is viewed as permissible under Article 8 (3) 1 of the said Act.

The provision of money, goods, etc., worth up to KRW 1 million at one time and up to KRW 3 million per fiscal year is permitted under the said Act when the provider is not related to the public official, etc., in terms of duties (Article 8 (1) and (2) of the said Act). However, the relation of the two parties in terms of duties should be determined by comprehensively examining the details of such duties, the relationship between the two parties, and the exact account of the exchange of money, goods, etc. In principle, public servant, etc., may not accept any money, goods, etc., in any amount from a duty-related party. However, gifts within the legally specified ceiling monetary values for the purposes of facilitating duties performed, promoting friendship, and following formalities are permitted (Article 8 (3) 2 of the said Act and Attached Table 1 of the Enforcement Decree of the said Act). Whether a case fulfills the purpose of facilitating the performance of such duties, promoting friendship, or following formalities should be determined by comprehensively examining the nature of the relationship between the two parties (whether the two have a personal friendship), the exact account and time of the exchange of such a gift, how closely the two parties are related in terms of duties, etc.

Considering the details of duties performed, the relationship between the two parties, etc., it is reasonable to view that the said members of the division and the division head are related to each other in terms of duties performed. Public servant, etc., are prohibited from accepting money, goods, etc., from any duty-related party in principle, but a gift within the ceiling monetary value (KRW 50,000 for gifts and KRW 100,000 for agricultural and fishery products pursuant to Article 2 (1) 1 of the Agricultural and Fishery Product Quality Control Act and for processed agricultural and fishery products pursuant to Article 2 (1) 13 of the same Act) offered for the purpose of facilitating duties performed, promoting friendship, or following formalities may be permitted (Article 8 (3) 2 of the said Act and Attached Table 1 of the Enforcement Decree of the said Act). Whether a case fulfills the purpose of facilitating the performance of such duties, promoting friendship, or following formalities should be determined by comprehensively examining the nature of the relationship between the two parties (whether the two have a personal friendship), the exact account and time of the exchange of such a gift, how closely the two parties are related in terms of duties, and whether the exchange of such a gift may compromise impartiality in duties performed. When the two parties are too closely related to each other in terms of duties and interest (i.e. during the periods of personnel reshuffling, performance assessment, etc.), the case may not be recognized as fulfilling the foregoing purposes. Also, when multiple people make contributions under mutual consent to offer money, goods, etc., the total amount of contributions combined should be within the ceiling monetary value specified in acts and subordinate statutes.