As Teachers' Day approaches, parents are increasingly torn over how to express gratitude to their children's homeroom or subject teachers.
According to the Ministry of Education and the Anti-Corruption and Civil Rights Commission on the 13th, a "direct conflict of interest" is deemed to exist between parents and any teacher who can affect a student's grades or school life, including homeroom, subject, and student guidance teachers. In such cases, under the Improper Solicitation and Graft Act — commonly known as the "Kim Young-ran Act" — providing any form of gift, including food, flowers, snacks, or condolence or congratulatory money, is prohibited.
Claims circulating in online communities that "gifts worth less than 30,000 won or 50,000 won are allowed" represent a common misunderstanding. The rules permitting food up to 50,000 won and gifts up to 50,000 won (or 150,000 won for agricultural and fishery products and their processed goods) apply only when there is no job-related connection or when the exchange is recognized as being for social or ceremonial purposes. These exceptions do not apply to teachers currently instructing one's child.
Accordingly, bringing bread or coffee when visiting the school for a consultation, or a student personally handing a carnation to a teacher on Teachers' Day, is prohibited in principle. The same standards apply to cakes, chocolates, congratulatory money, and condolence money.
In its Teachers' Day Q&A materials last year, the Anti-Corruption and Civil Rights Commission clearly stated that "an individual student presenting a carnation to a teacher is not permitted." However, it explained that carnations or flowers delivered in a public setting by a class representative on behalf of the entire class may be allowed under social norms. Handwritten letters or thank-you cards written by students themselves are not considered gifts and may be freely delivered.
Former homeroom teachers whose guidance has ended are allowed… "Monetary gift vouchers prohibited"
The situation differs for former homeroom teachers from previous grades or past subject teachers whose guidance relationship has ended. In such cases, a job-related connection may be deemed absent, so gifts worth up to 50,000 won may be given for social or ceremonial purposes. Agricultural and fishery products and their processed goods are permitted up to 150,000 won, and up to 300,000 won during holiday periods.
However, monetary-type gift certificates such as department store gift cards or culture vouchers are not permitted regardless of amount. Under the Improper Solicitation and Graft Act, they are classified as securities rather than gifts.
For former teachers at schools from which one has graduated, gifts of up to 1 million won per occasion and up to 3 million won per year are permitted, on the premise that there is no job-related connection. Even if a parent unknowingly offers a gift and the receiving teacher immediately reports and returns it, the parent who provided it may still face administrative fines or criminal penalties.
Daycare centers exempt from the law… Field atmosphere: "No gifts, please"
The Improper Solicitation and Graft Act applies to elementary, middle, and high school teachers as well as kindergarten teachers, but daycare center childcare teachers are in principle not subject to the law. This is because daycare centers fall under the Infant Care Act. Kindergartens, by contrast, are operated under the Early Childhood Education Act, meaning their teachers are subject to the Improper Solicitation and Graft Act.
Legally, giving a gift to a daycare teacher does not violate the Improper Solicitation and Graft Act, but education authorities and childcare institutions often guide daycare centers to decline gifts under the same standards as kindergartens. In fact, many daycare centers and kindergartens are sending notices to parents ahead of Teachers' Day stating that "a single letter is enough."
Parent members serving on school operating committees or school violence response bodies are no exception either. Although they are private citizens, they are regarded as "persons performing public duties" and are therefore subject to the Improper Solicitation and Graft Act, meaning they cannot give gifts to principals or teachers.
"Who would do it when you go to jail if something goes wrong?" Without money, you can't even make memories
