'Act on the Recovery of Criminal Proceeds' Allowing Recovery of Real Estate Under Fictitious Names
'National Human Rights Commission Act Amendment' Establishing Military Human Rights Protection Officer
At the plenary session held at the National Assembly on the 9th, an amendment to the Improper Solicitation and Graft Act was passed, which aims to raise the gift value limit under the Act from the current 100,000 won to 200,000 won during the Lunar New Year and Chuseok holidays to alleviate difficulties in rural fishing communities. Photo by Yoon Dong-ju doso7@
[Asia Economy Reporter Park Jun-yi] The National Assembly plenary session passed amendments to the Urban Development Act and the Housing Act, known as the so-called 'Daejang-dong Prevention Law.' Additionally, an amendment to the Improper Solicitation and Graft Act, which doubles the gift value limit for agricultural, livestock, and fishery products during holidays, was also approved.
On the 9th, the National Assembly held a plenary session and approved the 'Partial Amendment to the Urban Development Act,' which limits the private profit rate in public-private joint urban development projects, and the 'Partial Amendment to the Housing Act,' which applies a price ceiling system to public-private joint urban development projects. The Urban Development Act amendment was passed with 172 votes in favor and 2 abstentions out of 174 members present, while the Housing Act amendment was passed with 170 votes in favor and 1 abstention out of 171 members present.
Under current law, land developed by corporations established through public-private partnerships is classified as private land and thus exempt from the price ceiling system, which has led to excessive privileges as seen in the Daejang-dong development project. The amendments aim to prevent such cases.
The Democratic Party is promoting the 'Daejang-dong Prevention Three Laws,' which include the amendments to the Urban Development Act, Housing Act, and the Development Profit Recovery Act. However, the Development Profit Recovery Act remains pending in the Land, Infrastructure and Transport Committee due to opposition from opposition parties.
On the same day, the amendment to the 'Improper Solicitation and Graft Act,' commonly known as the 'Kim Young-ran Act,' was also passed. The amendment was approved with 186 votes in favor, 5 against, and 7 abstentions out of 198 members present.
The amendment raises the gift value limit for agricultural, fishery, and processed agricultural and fishery products from the current 100,000 KRW to 200,000 KRW during the Lunar New Year and Chuseok holidays. This regulation will take effect starting from next year's Lunar New Year. The application period is expected to be set from 30 days before to 7 days after the Lunar New Year and Chuseok through an enforcement decree revision by the Anti-Corruption and Civil Rights Commission.
Furthermore, the amendment enables the recovery of criminal proceeds from real estate investments made under false names. The amendment to the 'Act on the Regulation and Punishment of Criminal Proceeds Concealment' was passed with 217 votes in favor and 3 abstentions out of 219 members present.
The amendment stipulates that criminal proceeds can be recovered for all crimes punishable by imprisonment of three years or more. This was promoted by the Democratic Party to address the loophole in current law that makes it difficult to recover speculative profits from employees, such as in the Korea Land and Housing Corporation (LH) scandal.
However, provisions allowing the application of this law to ongoing investigations and trials were excluded due to concerns over potential unconstitutionality. Therefore, it will be difficult to apply it to the LH scandal.
To prevent tragedies like the death of an Air Force non-commissioned officer who was a victim of sexual harassment, the amendment to the 'National Human Rights Commission Act,' which establishes a Military Human Rights Protection Officer within the National Human Rights Commission, was also passed. The amendment was approved with 201 votes in favor, 1 against, and 14 abstentions out of 216 members present.
According to the amendment, the Military Human Rights Protection Officer, who holds a vice-ministerial rank, will be concurrently appointed from among the Human Rights Commission members designated by the President. The officer will have the authority to conduct surprise inspections of military units and to request to be present at death investigations. Additionally, the Human Rights Commission will have the right to request submission of materials related to suspected military human rights violations.
The amendment to the 'Special Act on the Investigation of the Truth and Restoration of Honor for the Victims of the Jeju 4.3 Incident,' which provides compensation of 90 million KRW per victim, was also passed. The amendment was approved with 169 votes in favor and 8 abstentions out of 177 members present.
The amendment stipulates equal compensation of 90 million KRW per deceased and missing victim. The compensation will be paid gradually over five years starting next year.
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