The Anti-Corruption and Civil Rights Commission announced on the 15th that it will conduct an ex officio investigation into a large-scale free fam tour conducted by Korean reporters in connection with the recent BTS performance in the United States.
HYBE invited 100 reporters to BTS's Las Vegas performance and supported all related expenses, such as airfare and accommodation, which is controversially in violation of the Act on the Prohibition of Solicitation and Grafting and Grafting (Kim Young-ran Act). in relation to
An Anti-Corruption and Civil Rights Commission official said on the same day, "We decided to investigate ex officio (to HYBE, the agency) in relation to BTS' media company's fam tour." "The specific schedule has not been confirmed. order,” he said.
According to the Kim Young-ran Act, if a reporter receives money, valuables, or sponsorships exceeding 1 million won at one time or 3 million won per year from the same person, he/she shall be punished by imprisonment for not more than 3 years or a fine not exceeding 30 million won. The person giving the money is also punished with the same sentence.
HYBE's position is that this Fam Tour falls under the exception of the Kim Young-ran Act. Article 8, Paragraph 3, No. 6 of this Act is punishable by “money and goods, such as transportation, lodging, food, etc., provided by the organizer uniformly to attendees within the normal range at official events related to the duties of public officials, etc. (including reporters and teachers)” stipulated as an exception.
It is estimated that the expenses that HYBE provided to reporters on the Fam Tour are at least 2 million won per person. The question is whether this amount of money and valuables can be regarded as falling within the 'normal scope' of the exception.
This is also related to provisions related to food, congratulatory and congratulatory expenses, and gifts, which are other exceptions. In principle, catering is also prohibited, but only partially permitted for "smooth job performance or for social, ceremonial or support purposes." The upper limit is 30,000 won for food, 100,000 won for congratulations and condolences, and 50,000 won for gifts (100,000 to 200,000 won for processed agricultural and fishery products).
There are reactions from the legal community that it is difficult to understand Hive's explanation. A senior lawyer said, "Considering the purpose of the Anti-Graft Act, if (HYBE) paid the reporters' round-trip airfare and hotel accommodations instead, it is highly likely to be interpreted as outside the 'normal range'." Another lawyer said, "For example, in the case of 'transportation expenses' specified in Article 8, Paragraph 3, No. 6 of the Act, it seems appropriate for the Incheon-LA international airfare to be borne by the media that dispatches reporters for the purpose of reporting. If HYBE pays about the cost of using the shuttle bus between the hotel and the concert hall, it will not go against the purpose of the law.”