کدهای اخلاقی و دستورالعمل‌های مربوط به هدیه

در اینجا قوانین خاص مربوط به هدیه و یا دستورالعمل‌های سازمانی مربوط به هدیه ثبت می گردد.

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یکی از منابع خوب در خصوص هدیه به عنوان یکی از اشکال تعارض منافع، بخش مربوط به هدیه در کتاب تعارض منافع در بخش عمومی (اندیشکده شفافیت برای ایران) است. در فصل پنجم، به عنوان اولین شکل از اشکال تعارض منافع در صفحات 104-127 به این موضوع به طور مفصل پرداخته شده است.

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یکی دیگر از منابع خوب در خصوص هدیه، جعبه ابزار مدیریت تعارض منافع در بخش دولتی است. ابزار 8 و 9 این کتاب (ص 57-64) به این موضوع اختصاص دارد.

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CODE OF CONDUCT FOR PUBLIC OFFICIALS
South Korea

Article 14 (Prohibition of Receipt of Money, Goods, etc.)

(1) No public official shall accept, request, or promise to receive any money,
goods, etc. exceeding one million won at a time or three million won in a fiscal
year from the same person, regardless of any connection to his/her duties and
regardless of any pretext such as donation, sponsorship, gift, etc.
(2) No public official shall, in connection with his/her duties, accept, request, or
promise to receive any money, goods, etc. not exceeding the amount prescribed by
paragraph (1), regardless of whether the money, goods, etc. are given as part of
any quid pro quo.
(3) An honorarium for an outside lecture, etc. described in Article 15, or any of
the following shall not constitute money, goods, etc., the receipt of which is
prohibited by paragraph (1) or (2):

  1. Money, goods, etc. that a public institution offers to its public officials and
    seconded public officials; or a senior public official offers to subordinate public
    officials for purposes of consolation, encouragement, reward, etc.;
  2. Money, goods, etc. the value of which is within the limits specified by a
    head of central administrative agencies, etc. in the form of food and beverages,
    congratulatory or condolence money, gifts, etc. offered for purposes of facilitating
    performance of duties, social relationships, rituals, or aid;
  3. Money, goods, etc. offered from a legitimate source of right such as
    payment of debts (excluding donation) incurred in a private transaction;
  4. Money, goods, etc. provided by relatives (relatives defined in Article 777 of
    the Civil Act) of a public servant;
  5. Money, goods, etc. provided by employees’ mutual aid societies, clubs,
    alumni associations, hometown associations, friendship clubs, religious groups, social
    organizations, etc., related to a public servant to their members in accordance with
    the rules prescribed by respective organizations; and money, goods, etc. offered by
    those who have long-term and continuous relationships with a public servant such
    as a member of the aforementioned groups, to the public servant who is in need
    due to a disease, disaster, etc.;
  6. Money, goods, etc., provided uniformly in a normally accepted range by an
    organizer of an official event related to the duties of a public servant, etc. to all
    participants thereof, in the form of transportation, accommodation, food and
    beverages, etc.;
  7. Souvenirs, promotional goods, etc. to be distributed to multiple unspecified
    persons, or awards or prizes given in a contest, a raffle, or a lottery;
  8. Money, goods, etc. permitted by other Acts, subordinate statutes, standards,
    or societal rules and norms.

(4) Notwithstanding paragraph (3) 5 of this Article, where a public official, as a
duty-related party or duty-related public official, receives money, goods, etc. from
those who have long-term and continuous relationships as stated in the same
subparagraph, he or she should report the said fact to the head of his or her
agency;
(5) A public official should make sure that his or her spouse, lineal ascendant, or
lineal descendant do not receive, request, or promise to receive any money, goods,
etc. that public servants are prohibited from accepting (hereinafter referred to as
““prohibited money, goods, etc.”) pursuant to paragraph (1) or (2) in connection
with the duties of the public servant.
(6) No public official shall offer, promise to offer, or express any intention to
offer any prohibited money, goods, etc. to any public servant or his or her spouse,
lineal ascendant, or descendant.
Article 14-2 deleted <Sep. 27, 2016>

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دستورالعمل دریافت هدایا در یکی از سازمانهای دولتی






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