As Teacher's Day approaches on May 15, many parents and students are confused about whether it is permissible to give teachers carnations or small gifts. Gifts that are seen as a "gesture of appreciation" could potentially violate the Anti-Corruption Law (Kim Young-ran Act) due to the evaluative relationship between teachers and students.
In summary, it is generally prohibited to give gifts or money to teachers who are currently evaluating or guiding students. Even small gifts valued at less than 50,000 won are unlikely to be considered exceptions.
The Anti-Corruption and Civil Rights Commission states that gifts exchanged between teachers who are continuously responsible for evaluating and guiding students do not qualify for exceptions under the Anti-Corruption Law, even if they are valued at less than 50,000 won. Providing drinks, such as coffee, during meetings with homeroom teachers is also not permitted.
Cautions also apply to carnations. Individual students are not allowed to give carnations to their homeroom teachers. However, if student representatives publicly present carnations or flowers to their homeroom or subject teachers on Teacher's Day, this may be permissible under social norms.
Handwritten letters or thank-you cards from students are acceptable. The commission suggests that students can present handwritten letters or thank-you cards to their homeroom teachers on Teacher's Day without violating the Anti-Corruption Law.
Some gifts may be allowed for former homeroom teachers or subject teachers who are no longer teaching the child. Gifts valued at less than 50,000 won may be given if there is no direct interest due to the end of grading and guidance responsibilities, and if the gift is considered social or ceremonial. Agricultural and fishery products or their processed goods may be allowed up to 150,000 won.
For gift certificates, whether they qualify as "gifts" under Article 8, Section 3, Clause 2 of the Anti-Corruption Law depends on the nature of the exchangeable items. Monetary gift certificates (such as department store gift certificates) are considered securities and are not allowed, even if within the value limit. However, gift certificates for goods and services (such as movie or sports tickets) are considered gifts and may be allowed if they are within the value limit and serve social or ceremonial purposes.
The criteria change for graduates giving gifts to their former teachers. After graduation, gifts are permissible up to 1 million won per occasion and 3 million won per fiscal year, provided there is no direct job-related connection.
Different institutions have varying standards. Kindergarten teachers fall under the Early Childhood Education Act and are subject to the Anti-Corruption Law. In contrast, daycare teachers are generally not subject to this law. However, some daycare center directors operating public facilities may be considered public officials and thus subject to the law.
English kindergarten and after-school instructors are also treated differently based on their legal status. English kindergartens often fall under the category of private academies and may be excluded from the Anti-Corruption Law, while after-school instructors may be employees of companies contracted with schools and could also be excluded. Nonetheless, educational authorities advise against accepting gifts regardless of legal applicability.
Parents involved in parent-teacher associations or school operation committees should also be cautious. It is not permissible for members of these groups to give gifts to principals, vice principals, or teachers on Teacher's Day. Parents serving on school operation committees or as members of school violence response teams may be considered public officials and thus subject to the Anti-Corruption Law.
* This article has been translated by AI.
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