Gyeonggi’s Bold Move: New Measures to Curb High-Value Tax Evasion and Asset Concealment

Gyeonggi Province is pushing for the enactment of the so-called “Choi Eun-soon Prevention Act” to combat deliberate evasion of substantial non-tax revenue and asset concealment. This initiative aims to implement strong punitive measures, comparable to those for local taxes, against individuals who default on non-tax revenue payments.

On February 10, Gyeonggi Province announced its proposal to amend two laws: the Local Administrative Sanctions and Charges Act and the Financial Real Name Act. These amendments would enable the government to impose travel bans, levy additional fines, and access financial information for high-value defaulters of non-tax revenue.

Non-tax revenue encompasses fines for legal violations and development-related charges imposed for public purposes. The crux of the issue is that some defaulters evade these payments by hiding assets or fleeing the country, exploiting the current system’s lack of adequate punitive measures.

A prominent example is Choi Eun-soon (79), mother of Kim Keon Hee. In 2013, Choi violated the law by purchasing land in Seongnam City’s Docheon-dong area through a name trust contract, resulting in a fine. Her failure to pay the 2.5 billion KRW (approximately 1.88 million USD) owed by the deadline has led to ongoing auction proceedings for her properties in Seoul’s Gangdong district.

There’s a growing trend of defaulters failing to pay fines related to the Real Name Act and development charges. Some resort to hiding deposits, transferring money overseas, and repeatedly leaving the country to dodge collection efforts.

In response, Gyeonggi Province has proposed the Choi Eun-soon Prevention Act, which includes two major amendments aimed at enhancing non-tax revenue collection effectiveness. The first part seeks to establish new regulations for travel bans and additional fines for high-value defaulters through amendments to the Law on the Collection of Local Administrative Sanctions and Charges.

While current laws permit travel bans for those defaulting on national and local taxes above a certain threshold, non-tax revenue defaulters can leave the country without penalties. The province suggests establishing a legal basis allowing local government heads to request travel bans for those owing more than 30 million KRW (approximately 22,500 USD) in non-tax revenue, aligning with local tax defaulter standards.

Moreover, unlike national and local taxes with provisions for additional fines, non-tax revenue fine structures vary by individual laws. This inconsistency has led to intentional payment delays, even for non-tax revenues with strong punitive characteristics, such as fines or enforcement penalties, which currently don’t incur additional charges. The province proposes systematizing additional fines based on the nature of non-tax revenue.

The second component of the Choi Eun-soon Prevention Act aims to expand access to financial information by amending the Financial Real Name Transactions and Confidentiality Law. Currently, authorities can only access financial information, such as deposit or foreign remittance records, for national or local tax defaulters. There’s no legal basis for tracking financial assets of non-tax revenue defaulters.

Some defaulters conceal deposits or transfer money abroad, complicating fund identification and collection. The province urges the government to amend the Financial Real Name Act to allow access to financial information for non-tax revenue defaulters.

Gyeonggi Province Governor Kim Dong-yeon stated, “The Choi Eun-soon Prevention Act reflects our strong commitment to eradicate those who live comfortably despite owing large amounts of non-tax revenue. We will reform laws and systems to fundamentally eliminate this issue.”