Are civil servants not allowed to go on overseas trips with their classmates?
A 45-year-old section chief at the waterworks bureau in City A in a certain region was found to have traveled abroad with a plumbing contractor and has been charged with bribery.
- However, the bidding process was handled by a different section than the one to which this section chief belonged.
- What's more,The section chief is a high school classmate of an employee at this equipment installation company.That's how it was. Isn't this okay?
As a general rule, public officials are prohibited from accepting hospitality from companies with which they have a conflict of interest.
If a public official receives hospitality in connection with their duties, the public official must"The Crime of Accepting a Bribe" (Article 197 of the Penal Code)The companies that hosted the entertainment were"Bribery" (Article 198 of the Penal Code)...may be called into question.
・Article 197 of the Penal Code
Any public official who, in connection with his or her official duties, accepts a bribe, or demands or promises to accept a bribe, shall be punished by imprisonment for not more than five years. In such a case, if the official accepted a request in exchange for the bribe, he or she shall be punished by imprisonment for not more than seven years.・Article 198 of the Penal Code
Any person who offers, proposes, or promises to offer a bribe as defined in Articles 197 through 197-4 shall be punished by imprisonment for not more than three years or a fine of not more than 2.5 million yen.
[Quiz] Is playing golf with a civil servant a no-no? Or is it okay?
In particular, playing golf or traveling with government officials is prohibited. So, I looked into the National Personnel Authority’s interpretation regarding entertainment expenses.
So, is the following example "safe" or "out"?
- When I had a visitor, I lent some stationery to a government employee.
- We provided transportation to and from work for a government official visiting on official business using a company vehicle, within the scope deemed reasonable given local traffic conditions and other factors.
- As part of an inspection of port construction work, civil servants were asked to ride along on a private vessel chartered by the office.
- I practiced golf at a driving range with a civil servant.
- I played park golf with a civil servant.
- I went on a day hike with some civil servants. It was a day hike where we met at the bus stop closest to the mountain we were climbing and dispersed from there afterward.
Safety First When Dealing with Government Officials
All of the examples from 1 through 6 are safe.That's right. While there are some "dangerous" words, such as "golf" and "mountain climbing," they're safe. However, some bad news was waiting for the section chief at City A's Waterworks Bureau.
As a result, the section chief at City A’s Waterworks Bureau was initially placed on administrative leave. This isEven if they are not stakeholders, it is generally considered inappropriate for City A civil servants and equipment contractors working on City A projects to travel abroad together.As a result, although it did not constitute a violation of the law, it became subject to disciplinary action.
After that, the section chief at the waterworks bureau was demoted to chief. What’s more, the incident was even reported in a local newspaper. Word of it spread throughout the local construction industry.
「Deemed reasonable under generally accepted social norms"Whether or not" is,A determination will be made based on a comprehensive consideration of the reasons for the benefit, the amount, the frequency, and the relationship with the public official.Since this is the established practice, those in the construction industry may need to be a little careful.
There are pitfalls even in the gray zone. It seems safer to stick to driving ranges or park golf. In the case of the mountain climbing trip mentioned in Example 6 above, since participants met and dispersed at a bus stop, it appears the activity was not classified as a trip. It seems best to arrange mountain climbing trips so that participants meet and disperse at the destination, and to avoid overseas travel.
If you think something might be risky, please check the examples on the National Personnel Authority’s website. As if to underscore just how “dangerous” Article 197 is, it’s truly200 pagesA collection of case studies is available. Here, too, safety comes first.
