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ACT ON ANTI-CORRUPTION AND THE ESTABLISHMENT AND OPERATION OF THE ANTI-CORRUPTION & CIVIL RIGHTS COMMISSION Act No. 8878, Feb. Amended by Act No. 9342, Jan. Act No. 9402, Feb. Act No. 9968, Jan.

29, 7, 3, 25,

2008 2009 2009 2010

Act No. 11327, Feb. 17, 2012

CHAPTER Ⅰ GENERAL PROVISIONS

Article 1 (Purpose) The

purpose

secure society

of

this

Act

administrative by

regulating

to

validity,

handling

unreasonable

is

and

people’s

administrative

corruption

protect

through

people’s

create

a

the

rights

transparent

complaints

systems,

basic

and

and

public

of

the

interests,

service

grievances,

preventing

establishment

and

and

improving

and

efficiently

Anti-Corruption

&

Civil Rights Commission.

Article 2 (Definitions) The

terms

9402, Feb.

used 3,

in

this

Act

are

defined

as

follows:

<Amended

by

Act

No.

2009>

1. The term "public organizations" means the institutions and organizations that fall into any (a)

The

of

the

administrative

Organization

Act

following categories:

agencies and

governments under the (b)

The

Superintendents

of

the

of

various

executive

levels

under

organs

and

the

Government

councils

of

local

Local Autonomy Act; the

Offices

of

Education,

the

district

offices

of education, and the boards of education under the Local Education Autonomy (c) The

Act;

National Assembly under the

National Assembly Act, the

courts


of

various

levels

Constitutional

Court

commissions

of

Commission Board (d)

term

agency,

and

of Audit and

an

delegated

or

entrusted,

into (a)

Institution, "public

Board

under

of

Audit

Court

the and

Act,

Act,

the

National Inspection

the

election Election

under

the

public

service

under

Article

3

(1)

12

of

the

agency,

etc."

means

corporation

under

agency

the

or

to

4

of

article

central

organization

or

or member of such

organization

any

which the

Act

means

that

such on

a corporation

employees"

administrative

the

or

has

the

authority

the

is

Operation

organization

persons

who

fall

following categories:

persons

Officials

Organization

Constitutional

levels

administrative

any of the

The

to

government,

of

term

the

Court

Ethics Act.

authority

3. The

the

Inspection Act; and

"administrative

local

of Public

the

related

Public Service 2. The

under

various

Act,

Organizations

under

under the

Act,

and

State

those

Public

who

are

Officials Act

recognized

and

by

the

other

Local

Acts

Public

as

public

officials in terms of qualifications, appointments, education and training, services, remunerations, guarantee of position and so on; and (b) The

heads

of

subparagraph

organizations 1 (d) and

related

the

to

public

service

employees of such

provided

for

in

organizations.

4. The term "act of corruption" means the act of wrongdoing that falls into any (a)

of

the

The for

following categories:

act

of

a

or

connection The

act

violation of

organization

himself/herself

position

(b)

public

authority, with

of of

executing

property,

or

or

Acts its

or

his/her

causing and

any

violating

third

to

seek

party

Acts

and

by

illegitimate abusing

subordinate

gains

his/her

statutes

in

organization

in

duties;

financial

damage

subordinate

budget,

entering

for

employee

or

into

statutes,

acquiring,

and

to

a

public

when

managing

executing

a

it is or

contract

in

the

process

disposing to

which

of it

its

is

a


party; (c)

and

The

act

of

forcing,

recommending,

suggesting

or

encouraging

someone to engage in or conceal the acts provided for by the above subparagraphs 5. The or

term

"complaint"

passive

act a

and

action

(including

6. The

right

term

or a

a

term

a

with

any

the

etc.

administrative

mandatory service means

any

agency,

grievances

of

or

related

individual,

to

illegal,

on

an

which

burden

to

service

actual

violates

a

citizen

and

those

military);

corporation &

unjustifiable

(including

system

soldiers

Anti-Corruption

term to

Civil

belonging

governor

with

of

entrusted

complaints

such

under

hereinafter the

under

Ombudsman"

thereto

authority

registered

means

with

Article

4

or

organization

Rights

Commission

means

against

(including local Acts

same

any local

or

subordinate

shall apply)

and

to

or

non-profit

competent the

and

Minister

Assistance

for

Act and established

governments

corporations

governments or

entity

any

the of

Non-governmental Organizations

"Local

deal

organization"

organization

Mayor/Do

Non-profit and

32

and

on

inconvenience

"non-governmental

non-governmental

8. The

administrative

causes

"petitioner"

complaint

complaint

unreasonable

or

their

any

Local Ombudsman

7. The

or

or

(b).

means

an

complaints

perform

filing

of

omission)

citizen's

who

(a) and

under

and

organizations

institutions statutes,

improve

or

is

institutions to

which

delegated

their

related

Article

or

members;

systems

Article 3 (Duties of Public Organizations) (1) A

public

for the (2) In

organization

shall

purposes of raising the case

institutional

a

public or

take

the

responsibility

awareness

organization

administrative

deems

of it

to

prevent

corruption

ethics in society. necessary

inconsistencies

for

to the

eliminate

legal,

prevention

of


corruption,

or

improve

rectify the

(3) By

or

to

using

activities,

a

such

public

awareness of its (4) A

address

public

other

related

issues,

then

it

shall

promptly

foregoing.

reasonable

means

organization

employees and

organization

shall

educational

make

strenuous

citizens on the

shall

international cooperation and

as

make

promotional

efforts

to

raise

the

prevention of corruption.

determined

exchanges for the

and

efforts

to

promote

prevention of corruption.

Article 4 (Duties of Political Parties) (1) A

political

members

party

shall

registered

endeavor

to

under

create

the

a

Political

culture

of

Parties

clean

Act

and

and

its

transparent

politics. (2) A

political

culture

and

collection

party

carry

and

use

and

out

its

its

members

transparent

shall

establish

operation

and

a

transparent

ensure

the

election

transparent

of political funds.

Article 5 (Duties of Private Enterprises) A

private

ethics.

It

enterprise shall

also

shall take

establish the

sound

necessary

trading

steps

to

order

and

prevent

business

any

case

of

corruption.

Article 6 (Duties of Citizens) Every

citizen

shall

fully

cooperate

with

implementing their anti-corruption policies and

public

organizations

in

programs.

Article 7 (Obligation of Public Organization Employees to Maintain Integrity) Every

public

statutes,

organization

perform

his/her

employee duties

shall

impartially

honor and

Acts

and

hospitably,

subordinate and

refrain


from

engaging in corruption

and

damaging his/her dignity.

Article 7-2 (Prohibition of public organization employee from exploiting secrets learned while performing his/ her duties) Public

organization

interest his/her

by

by

exploiting

duties,

property

employee

or

interest

secrets

shall

not

through

Act No. 9342,

Jan.

shall

7,

that

have

the

not

a

acquire

s/he third

has

of

goods

learned

party

exploitation

any

acquire

such

or

while

such

secrets.

property

performing

goods

<Newly

or

such

Inserted

2009>

Article 8 (Code of Conduct for Public Organization Employees) (1) The under

code

of

Article

Assembly

conduct

7

shall

regulations,

regulations,

that be

public

prescribed

Supreme

National

organization by

Court

Election

employees

Presidential

regulations,

Commission

shall

Decrees,

observe National

Constitutional

regulations

Court

or

public

organization rules. (2) The

Code

paragraph (1) 1. Matters

of

Conduct

shall prescribe

on

restrictions

on

restrictions

on

receiving

3. Matters public

prevent

public

prohibition

on

using

related

of

his/her

financial

Employees

referred

to

in

following categories: organization

entertainment,

the

to

public

and

other

from

and

pecuniary

his/her duties;

organization

public

benefits,

money

employees

position use

to

employees influence

connections

from

and

personnel

amongst

highly

management,

which

individuals, or solicit favors;

on,

for

example,

organization

climate

of

any person

seek

Organization

each of the

prohibition

management, positioned

Public

the

advantages from 2. Matters

for

in

employees

officialdom;

corruption

transparent

and

and

shall

Other

maintain

personnel

observe matters

the

in

order

that

integrity

to

shall and

create

be

a

sound

addressed

dignity

of

to

public

office. (3) If

a

public

organization

employee

violates

the

Code

of

Conduct

for


Public

Organization

action may (4) The in

be

type,

or

taken

(3)

the

referred

to

in

paragraph

(1),

disciplinary

against him/her.

procedure

paragraph

statutes,

Employees

shall

and be

by-laws

effectuation

governed

of

a

of

by

public

disciplinary

the

related

organization

action

Acts to

referred

and

to

subordinate

which

the

violator

belongs.

Article 9 (Guarantee of Livelihoods of Public Organization Employees) The

State

and

local

governments

livelihoods

of

public

themselves

to

their

remuneration

and

organization duties,

and

treatment for

shall

make

employees

shall

take

efforts so

to

that

guarantee

they

necessary

can

steps

the

devote

to

improve

them.

Article 10 (Requesting Rights and Interests Protection Institution, etc. to Provide Assistance) The

Anti-Corruption

may,

if

deemed

agencies,

such

corporations and

interests

systems to

in

provide

or

&

Civil

necessary

as

the

citizens

order

to

to

or

promote

the to

Commission

perform

National

organizations,

of

Rights

Human purpose

improve

social

or

duties, Rights which

Acts

and

and

Local

request

Ombudsman

administrative

Commission

of

justice

any

is

to

of

protect

subordinate

public

interest

Korea,

the

rights

statutes under

or

Acts,

necessary assistance.

CHAPTER Ⅱ ANTI-CORRUPTION & CIVIL RIGHTS COMMISSION

Article 11 (Establishment of the Anti-Corruption & Civil Rights Commission) The the

Anti-Corruption ‘Commission’)

is

&

Civil

Rights

established

Commission

under

the

Prime

(hereinafter Minister’s

referred Office

in

to

as

order


to

handle

people’s

administrative

complaints

systems, and

and

prevent

grievances,

and

efficiently

improve regulate

unreasonable

corruption.

Article 12 (Functions) The

Commission

No. 9968,

Jan.

shall

25,

1. Formulating

perform

implementing

remedy people’s rights and

recommending those 3. If

following

functions:

<Amended

by

Act

2010>

and

2. Investigating

the

and

to

interests, and

handling

related

policies

complaints

rectification

people’s

rights,

combat corruption;

and

or

protect

grievances

submitting

of

the

opinions

people,

related

to

complaints;

the

improvement

operation

thereof

complaints,

of

is

relevant

deemed

recommendation

administrative

necessary

for,

or

in

systems

the

submission

course of

and of

of

the

handling

opinions

on,

such

improvement; 4. Investigating

actual

conditions

and

evaluating

the

results

of

complaints

and improvement of administrative systems handled by the Commission 5. Formulating

anti-corruption

recommendations system

and

to

6. Surveying which

the

public

7. Making

and

corruption

state

protect

with

organizations

related

non-profit

organizations

to

and

evaluating

plans

taken to for

the

private

preventing

strengthen

their

investigations

progress

on

and

policy

promotion

steps,

to

fight

interests

individuals,

activities

of

prevent corruption;

education

supporting the

to

fact-finding

people’s rights and

and

corruption

purpose;

organizations have

and

making

conducting

for that

actual

and

public

and

implementing

8. Cooperating

helping

assist

policies,

public organizations

policies

of

organizations

the

corporations

Commission,

with

their

and

including

anti-corruption

activities; 9. Promoting 10.

Providing

international cooperation information

on

related

corruption

to

the

report

Commission and

counseling

and


receiving 11.

reports;

Protecting

and

rewarding

those

who

have

reported

suspected

corruption; 12.

Examining corruption-causing factors in Acts and subordinate statutes;

13.

Collecting,

managing

and

prevention of corruption 14.

Ensuring

the

Organization whereof, 15.

Providing and

16.

protecting those

checking and

notifying

and

and

of

the

Code

and

processing

related

to

how submitted

on-line

operating

citizen

the

materials

rights and

who submitted

counseling

integrated

establishing

of

receiving

and

data

protection

implementation

guidance

Operating

and

Employees,

and

analyzing

of

regarding

interests

Conduct

the

of

Public

violation

reports; filing

of

complaints are participation

government

for

reports

such

the

call-center

complaints, handled;

portals,

and

handling

civil

applications; 17.

Cooperating,

assisting

and

educating

with

regard

to

the

activities

of

majority

of

businesses

to

each Local Ombudsman; 18.

19.

Arbitrating

and

people,

and

resolve

their

Handling

20.

21.

matters

investigating

and

related

to

handling

conflicts

of

complaints

of

a

difficulties;

matters

Administrative Appeals

settling

with

Appeals

regard

to

Commission

the

operation

according

to

of

the

the

Central

Administrative

Act;

Addressing

matters

provided

by other Acts

for

Addressing Commission

matters to

within

that

enhance

the

and

the

jurisdiction

subordinate

Prime

Minister

peopleâ&#x20AC;&#x2122;s rights and

of

the

statutes

and

put

the

on

Commission

agenda

of

the

interests.

Article 13 (Composition of the Commission) (1) vice

The

Commission

chairpersons

shall

and

be

three

composed standing

of

15

members

commissioners),

(including including

three one


Chairperson. by

taking

Central

this

charge

case,

of

Appeals

Act

applies

following

shall

with

whose

position

thereto)

research

institute

2. Persons

composition by

of

term

of

attorney-at-law is ten years

either or

at

whose

accountant, attorney is 5. Persons

certified

whose

of

Administrative 2010>

commissioners from

fairly

of

the

among

and

the

independently

anti-corruption:

professor or

(or at

corresponding an

authorized

as

judge,

public

prosecutor

or

more;

service

public

term

33 (1)

persons

experience

of

other

25,

the

as

â&#x2026;˘

public official or higher;

certified

accountant,

architect,

professional

certified

engineer

or

tax

patent

ten years or more;

under Article 6. Other

term

Jan.

and

more;

service or

Chairperson

Administrative

Central

college

3. Persons who were or are in office as Grade 4. Persons

the

associate

the

the

commissioned

capable

as

is eight years

whose

of

complaints and

service

higher

However,

and

or

assist

anti-corruption,

Act No. 9968,

deemed

respect to

or

grievances,

chairpersons

are

term

chairpersons

Commission.

appointed

who

duties

1. Persons

vice

be

persons

performing

the

vice

and

<Amended

Chairperson,

Commission

three

Appeals to

Commission.

The

the

complaints

Administrative

Appeals

(2)

In

of

on

of

service

is four high

as

member

of

any

Local

Ombudsman

years or more; and

social

administration

reputation

who

and

are

who

have

knowledge

recommended

and

by

(a)

non-governmental organization(s). (3) The on

the

Chairperson

recommendation

appointed

by

non-standing Among on

the

and

the

commissioner

chairperson

the

Prime

on is

the

of

commissioned

Minister.

appointed

the on

or

three

National the

are

appointed The

of

the

commissioned are

appointed

Assembly,

by

standing

recommendation

commissioners,

recommendation or

of

President

non-standing

appointed

vice

and

recommendation

of

the

President

commissioner

is

Chairperson. The

by

the

or

the the

President.

commissioned

other Chief

three Justice

are of


the

Supreme

(4) The

Chairperson

standing service (5) If shall

and

commissioners

who

the be

of the

Court, respectively. vice

are

chairperson

regarded

as

serve

public

political

officials

service

serving

and

special

belong to high-ranking public officials.

positions appointed

newly

of

the

or

commissioners

commissioned

appointed

or

become

without

commissioned

vacant,

delay.

new

In

this

commissioners case,

the

term

commissioners restarts.

Article 14 (Chairperson) (1) The

chairperson shall represent the

(2) When

the

unavoidable chairperson,

chairperson

reasons, shall act

a on

is

vice

Commission.

unable

to

perform

chairperson,

his/her

who

his/her

is

duty

for

by

the

shall

not

designated

behalf.

Article 15 (Disqualification of Members) (1) A be

person

qualified

who as

board

1. A

person

who

2. A

person

who

Public

falls

under

is not

the

falls

a citizen of the

under

following

subparagraphs

any

Republic of Korea;

subparagraph

of

Article

33

of

the

State

Officials Act;

person

who

is affiliated

4. A

person

who

registers

accordance

with

the

Prevention of Election (2) A

of

member:

3. A

in

any

board

member,

with

a political party as a

himself/herself Act

on

the

as

candidate

Election

of

member;

in

Public

an

and

election

Officials

held

and

the

subparagraph

of

Malpractices.

when

s/he

paragraph (1), shall rightly resign

falls

his/her

under

any

seat.

Article 16 (Independence and Guarantee of Position) (1) The

Commission

authorized.

shall

independently

perform

the

work

of

which

it

is


(2) The

term

shall be

three

(3) No

in

office

years,

member

with the

for

the

chairperson

which may

shall

be

be

dismissed

exception of any of the

1. Where

s/he

falls under any

2. Where

s/he

has

much

and

renewed or

the

other

against

in

his/her

will

subparagraphs:

subparagraph of Article

difficulty

members

once.

decommissioned

following

board

performing

15

(1);

his/her

duties

due

to

mental or physical difficulties and 3. If

s/he

violates

under Article (4) In

case

President the

a

or

member the

with the

prohibition

against

holding

more

than

one

office

17. falls

Prime

chairpersonâ&#x20AC;&#x2122;s

passed

the

under

Minister

the

shall

recommendation

consent of not

subparagraph dismiss

after

or

a

2

of

paragraph

decommission

resolution

less than two thirds

of

the

him/her

thereof the

(3),

has

on

been

total members.

Article 17 (Prohibition against Holding More Than One Office) A

member shall not, during

1. a 2.

member of the

an

individual

having

a

or

term

of

office,

serve

concurrently

as:

National Assembly or any local council; an

special

administrative

his/her

officer

interest

agency,

or

employee

provided

for

of

a

by

corporation Presidential

or

organization

Decree

in

any

etc.

Article 18 (Exclusion and Evasion of and Challenge to Member) (1)

Any member shall,

be

excluded

from

if s/he falls within any of the following subparagraphs,

participation

in

deliberation

is

or

and

decision

of

the

given

committee: 1. If

s/he,

the

or

party

with

the

any

person

involved party

as

in joint

who the

matter

holder

of

was

his/her

in

question

any

rights

spouse, or

or

is

shares

joint

associated any

burdener

to

interest of

any

to

the

duties; 2. If

s/he

has

or

had

a

relationship

by

blood

or

marriage


petitioner of the 3. If

s/he

makes

a

concerning the 4. If

s/he

as the 5. If

(2)

Any

the

given

participates

in

the

matter

advice

or

damage

assessment

investigation,

before

being

inspection

appointed

or

or

audit

commissioned

or or

participated

interest

party

may

make

grounds

for

which

it

deliberation If

legal

in

the

given

matter

as

an

agent

of

petitioner thereof.

special

(3)

appraisal,

engaged

commissioner

s/he

the

witness,

given matter

was

concerning

given matter

any

or

decision-making

member

refrain from

falls

request

would

to

be

challenge

difficult

a

to

member

expect

if

any

impartial

from that member exists.

within

deliberation and

a

paragraph

(1)

decision on the

or

(2),

given

s/he

may

voluntarily

matter.

Article 19 (Resolution of Board) (1) the

A

resolution

attendance

concurrent

vote

Paragraph

1

a

of

majority

Members

to

the

(3)

who

based

designated

of

a a

passed

majority majority

registered

Article

Other

of

be

Subparagraph

(2)

members

shall

are

18

matters based

of of

a

a

board

its

meeting,

registered

those

present.

resolution

shall

which

members

But, be

is

and

concerning

passed

held

with

with

with

the

Article

20,

the

vote

of

members.

not

are

on the

4,

at

engaged

excluded Article

deemed

on the

in

deliberation

in

counting

and

the

resolution

number

of

according registered

19, Paragraph 1.

necessary

for

operating

the

Commission

is

Presidential decree.

Article 20 (Small Committees) (1) In

relation

committees of

three

to

(herein

members

handling after to

complaints,

referred

deliberate

to and

as

the

the

decide

Commission

"small on

may

committees")

matters

that

establish composed

do

not

fall


under any of the 1. Matters to

following

provided

many

persons,

under Article 2. Matters

recommended

4. Matters

respect under

with

that

to

Article a

whose

which

including

those

rectification

is

of

interest

recommended

the

system

improvement

is

47;

decision

respect

the

matters

to

on

which

required

to

a

the

be

Commission

small committee; 6. Other

those

Decree,

request

for

audit

and

inspection

51;

Commission are 5. Matters

Presidential

among

concerning

under Article

by

46;

with

3. Matters

for

subparagraphs:

previous

decision

practices

of

the

changed;

is

to

deal

with

directly

by

resolution

of

a

and

that

the

Chairperson

recognizes

to

be

dealt

with

by

the

Commission. (2) All

the

members

all decisions

thereof

of

a

small

shall be

(3) Other

matters

necessary

committee

shall be

provided

committee

taken by for for

shall

constitute

all of those

the

duties

a

quorum,

and

present.

and

operation

of

a

small

by Presidential Decree.

Article 21 (Subcommittees) For efficient performance, the Commission may have a subcommittee by area.

Article 22 (Outside Expert) (1) The and

chairperson

other

reasonably

related

as

experts

expert

necessary,

to

in

academia,

members support

of

the

the

social

organizations,

Commission,

Commission's

when

work

and

studies.

chairperson

paragraph (1).

appoint

fields

deemed

conduct specialized (2) The

may

shall

appoint

or

designate

expert

members

under


Article 23 (Establishment of Secretariat) (1) The

Commission

shall

have

a

secretariat

to

deal

with

its

administrative

affairs. (2) There who the

shall

be

concurrently

Secretariat,

under the

one

serves

and

as

organization

as

of the

provided

and

the

commands

command

(3) Except

Secretary

General

vice and

appointed

chairperson. supervises

by

S/he

the

deals

employees

Chairperson,

with

affairs

belonging

of

thereto

Chairperson. for

operation

in

of

this

the

Act,

matters

Secretariat

shall

necessary be

for

provided

for

the by

Presidential Decree.

Article 24 (Advisory Organ) (1)

The

Commission

advisory (2)

establish

an

opinions on matters necessary to

Matters

organ

may

necessary

established

for

under

the

advisory

(1)

which

renders

perform duties.

composition

paragraph

organ

shall

and be

operation

provided

of

for

an

advisory

by Presidential

Decree.

Article 25 (Secondment of Public Officials, etc.) (1)

The

Commission

request Article

State 4

of

corporations to (2)

the

if

local

governments,

organs, the

or

Act

on

the

organizations

deemed

necessary

Operation to

perform

organizations

of

second

to

Public

their

duties,

stipulated

Institutions,

public

its

officials

or

or

in

the

relevant

employees

Commission.

The

heads

stipulated Institutions, public

may,

in or

officials

paragraph

(1)

of the

those Article

relevant or

State 4

of

the

corporations

employees

shall

organs,

take

Act

or

allocation, promotion, treatment,

etc.

governments,

on

the

thereto

measures

to

organizations

Operation

organizations

belonging

favorable

local

which

the

for

have

of

seconded

Commission them

in

Public

under

terms

of


Article 26 (Report, Publication, etc. of Status of Operation) (1)

The

thereof

Commission to

the

shall

President

annually

and

the

report

the

National

status

of

Assembly

the

and

operation

publish

such

status updates. (2)

In

addition

deemed

to

a

necessary,

report

make

under

any

paragraph

other

special

(1),

the

report

to

Commission

the

may,

President

and

if

the

National Assembly.

Article 27 (Recommendation for Institutional Improvements) (1) The

Commission,

if

need

be,

may

recommend

public organization improve

institutions to

(2) The

organization

head

improve

of

a

public

institutions

recommendation Commission

in

about

recommendation,

under

its the

and

result

the

better prevent that

paragraph

institutional of

has

(1)

Commission

been

reflect

taken

examine

head

of

recommended

measures

measures can

the

a

corruption.

shall

improvement the

that

and

such

a

inform

the

according

the

to

status

to

the

of

such

has

been

implementation. (3) In

the

case

recommended finds

it

s/he

to

difficult

shall

that

make to

make

recommendation.

the

of

a

public

institutional

take a

head

measures

request

On request,

the

improvements

as

for

organization under

recommended the

that

by

Commissionâ&#x20AC;&#x2122;s

paragraph

the

(1)

Commission,

review

of

the

Commission shall do so.

Article 28 (Review of Corruption-causing Factors in Laws) (1) The

Commission

Presidential and rules

in in

Decrees,

other

may Prime

directives,

reference

and

take

corruption-causing

Ministerial decrees and

regulations,

thereto,

organization concerned

review

may

Ordinances

announcements, recommend

actions to improve

factors

that

notices, the

them.

of

in

Acts,

Ministries

ordinances

head

of

the

and

public


(2) Matters

regarding

under paragraph (1)

the

procedure

shall be

and

prescribed

methods by

the

of

the

review

undertaken

Presidential Decree.

Article 29 (Hearing Opinions) (1) In performing the functions provided for in Article 12, subparagraphs 5 14,the

Commission,

of the

following subparagraphs:

1. Requesting materials,

if

that

necessary,

a

public

documents,

organization; 2. Requesting

in

following

that

(1)

an

on

the

sentence

measure,

the

person,

involved be

attend

prohibited

respect

an

fall

under

explanation

current

status

to

the

a

reference

to

state

from

of

or

any

submit

affairs

person,

their

taking

matters

service

on

an

4. Matters

on

settlement,

a

or

in

the

a

public

opinions.

measures

which

under

or

fall

provided

into

any

for

of

the

mediation,

the

State;

investigation,

measure,

a

custodial

matters

of

a

trial

security

the

execution

surveillance

probation

treatment

which

and

measure,

measure

Board

of

a

and

Audit

a

and

inspection; appeal

other

or

litigation,

petition,

objection

or

a

a

review

remedy

ruling

by

the

procedures

of

the

Board that

of are

other Acts;

mediation mediation,

made

a

of

measure,

constitutional

of

definite

arbitration,

interests

among

conciliation,

process under Acts and 5. Matters

or

administrative

Inspection

an

security

measure,

order,

Court,

of

detention

undertaking

Constitutional

process

a

protective

Inspection is

and

appropriateness

internment

community

3. Matters

confidential information

including

a

protective

in

assess

give

which

categories:

2. Matters

Audit

and

interested

shall

with

1. Matters on the

of

measures

and

Commission

paragraph

take

organization

etc.

organization employee (2) The

may

to

and

subordinate by

etc.

a or

concerned

arbitration

statutes;

judgment, other

parties

â&#x20AC;&#x201D;which

is

being

in

and

decision,

matters

â&#x20AC;&#x201D;including

on

ruling,

which

the

settlement, Audit

and


Inspection Board (3) The be

Commission

of Audit and

measures

limited

to

what

subparagraph performance (4) The for

status so,

of

the

s/he

a

resolution

in

accordance

with

the

Inspection Act. in

each

subparagraph

Commission

Article

of

a

12

public

submission

of

passed

and

needs

attention

to

of

paragraph

perform

shall

be

its

paid

(1)

above

functions

not

to

shall

in

each

hamper

the

of duties by any public organization.

head

the

stated

has

affairs

of

under

organization

materials

and

paragraph

(1),

shall

sincerely

cooperate and

if

in

s/he

comply

with

assessing finds

it

requests

the

current

difficult

to

do

shall explain why.

(5) The

head

of

experts

to

submit

relevant

be

a

public

present

organization

at

the

materials

in

may

Commission connection

get to

with

its

employees

state

their

or

relevant

opinions

institutional

or

to

improvements,

etc.

Article 30 (Prohibition of Divulging Confidential Information) The

incumbent

or

expert

members,

person

who

the

is

acquired

while

of

staff

members

has

been

seconded

or

from

members

and

Commission

prohibited

former

to

perform

divulging

the

any

performing the

the

of to

Commission

the the

work

Commission) Commission,

of

confidential

work of the

(board

the

and

or

any

other

designated

Commission,

information

members,

that

shall they

by be

have

Commission.

Article 31 (Legal Fiction as Public Officials in the Application of Penal Provisions) The

board

public

members

officials,

application with regard

of to

and

the the

and

expert

members

secondees

Criminal

shall

Act

work of the

and

of

the

Commission

be

deemed

the

penal

Commission.

public

who

officials

provisions

of

are

not

in

the

other

Acts


CHAPTER â&#x2026;˘ LOCAL OMBUDSMAN

Article 32 (Establishment of Local Ombudsman) (1)

There

with

may

be,

complaints

in

1.

Investigation

and

and

government,

each

such

to improve

Local Ombudsman

concerned 2.

local

against

belonging thereto and (2) Any

each

local

administrative

of

complaints

institutions belonging

Recommendation

for

Local

rectification

or

Ombudsman

government

shall perform the

handling

a

and

to

deal

institutions

systems.

following duties: against

the

local

government

thereto; submission

of

opinions

related

to

complaints; 3.

If

the

improvement

operation

thereof

complaints,

of

is

relevant

deemed

recommendation

administrative

necessary

for,

or

in

systems

the

submission

course of

and of

of

the

handling

opinions

on,

such

improvement; 4.

Actual

condition

handled

by

such

administrative 5.

Guidance assistance

6.

Education

investigation Local

and

evaluation

Ombudsman

of

the

and

results

the

of

complaints

improvement

of

systems;

and

counseling

related

to

the

to

the

filing

of

complaints

and

for handling thereof; and

publicity

related

activities

of

such

Local

Ombudsman; 7.

Exchange rights

and

of such 8.

and

cooperation

interests

with

protection

international

institutions,

etc.

organizations, related

to

the

foreign activities

Local Ombudsman;

Cooperation

with

and

assistance

to

individuals,

corporations

or

organizations related to the activities of such Local Ombudsman; and 9.

Other

matters

which

are

entrusted

to

such

Local

Ombudsman

under


other

Acts and

subordinate

statutes.

Article 33 (Qualifications, etc. of Members of Local Ombudsman) (1)

The

head

members

of

the

of

each

local

council

concerned,

capable

of

fairly

Local

Ombudsman

government from

and

concerned

among

the

independently

shall

with

following

be

commissioned

the

consent

persons

performing

duties

of

who

with

by

the

are

the

local

deemed

respect

to

the

handling of complaints: 1. Persons

who

are

position

thereto)

research

institute;

2.

Persons

who

or or

are

were higher

or

were

associate either

professors

at

judges,

college

public

(or

or

corresponding

at

an

prosecutors

or

authorized

attorneys-

at-law; 3. Persons 4.

whose

Persons

are

whose

accountant,

Persons on

of

term

certified

attorney is five 5.

or were

high

of

or

social

administration

service

public

years

public officials or higher;

as

certified

accountant,

architect,

professional

certified

engineer

or

tax

patent

more;

reputation

and

â&#x2026;Ł

Grade

who

who

are

have

knowledge

recommended

by

and

experience

non-governmental

organizations. (2)

Any

four

member

years and

(3)

The

of

any

head

a

Local

shall not be

of

member

commission

of

the of

his/her

local a

Ombudsman

commissioned

government

Local

shall

within

office

consecutively for a

concerned

Ombudsman

successor

hold

30

shall,

expires, days

if

or

after

the a

for

a

term

further term. term

of

vacancy

such

of

office

occurs,

expiration

or

occurrence. (4)

The

term

of

office

of

commissioned

to

fill

vacancy

term of office

of

a

his/her

any

member

of

occurring

a

Local

prior

to

Ombudsman the

expiration

predecessor shall newly commence.

who of

is the


Article 34 (Provision of Expenses) The

head

shall

of

a

provide

local

such

government

expenses

perform duties referred

as

to in

in

are

which

there

necessary

Article

32

for

is

the

a

Local

Local

Ombudsman

Ombudsman

to

(2).

Article 35 (Applicable Provisions related to the Commission) The 25,

provision and

of

Article

the 31

Article

with

15,

Article

respect

to

the

16

(3),

Local

Article

17,

Article

Ombudsman

18,

shall

Article

apply

in

this case.

Article 36 (Executive Office) (1)

The

head

of

executive

office

(2)

shall be

There

to

the assist the

local

government

concerned

shall

establish

an

a Local Ombudsman to perform his/her duties.

chief

and

other necessary

employees

in

the

executive

office.

Article 37 (Report, Publication, etc. of Status of Operation) (1)

Any

Local

Ombudsman

operation thereof to

the

(2)

In

to

the

head

of the

local council concerned addition

to

a

report

shall

and

annually

report

the

status

local government concerned

of

as well

the as

publish such status.

under

paragraph

(1),

any

Local

Ombudsman

may, if deemed necessary, make any other special report to the head of the local government concerned as well as to the local council concerned.

Article 38 (Matters concerning Organization and Operation of Local Ombudsman) Except and

as

provided

operation

ordinance

of

the

of

for any

in

this

Local

Act,

matters

Ombudsman

local government concerned.

necessary shall

for

be

the

organization

provided

for

by


CHAPTER â&#x2026;Ł HANDLING OF COMPLAINT

Article 39 (Filing and Receipt of Complaint) (1)

Any

may

person

file

a

complaint

(hereinafter who

files

(including

referred a

to

complaint

an

alien

with as

who

the

the

with

resides

Commission

"Ombudsman"). one

in

the

or

a

In

Ombudsman

Local

this

may

Republic

case, do

of

Korea)

Ombudsman any

so

petitioner

with

another

Ombudsman. (2)

Any

shall

person

do

so

(including

Provided, may do 1.

by an

That so

who

a

electronic when

in

file

which

document;

there

name

organization,

2.

document

to

is

any

a

complaint

the

following

hereinafter

special

with

Ombudsman

information

the

reason

the

to

same the

is

inputted

shall

apply):

contrary,

he/she

orally:

His/her

its

intends

and

its

domicile

name,

the

(in

place

the

of

its

case main

of

a

office,

corporation

and

the

or

name

of

representative);

Facts

supporting,

and

reasons

for,

such

filing,

and

the

points

at

issue;

the

name

and 3.

Other of

(3)

the

Any

following be 1.

matters

administrative

petitioner persons

certified A

provided

by

Presidential

Decree,

including

agency concerned.

may,

as

for

except

agents.

In

for

this

a

legal

case,

the

agent,

appoint

qualifications

of

any

of

agents

the shall

in writing:

spouse,

lineal

ascendant

or

descendant,

brother

or

sister

of

such

petitioner; 2. An officer or employee

of

a legal person which is

such petitioner;

3. An attorney-at-law; 4. A

person

who

may file

5. A

person

who

obtains

a complaint as an agent

the

permission

of

the

under

other Acts;

Ombudsman.

and


(4)

If

a

refuse

complaint

receipt

relating

to

otherwise when to

filed,

the

and

shall

thereof

the

complaint

provided

the

the

is

in

complaint,

petitioner of the

the

not

which

other

Ombudsman

Ombudsman

Acts

Ombudsman

reasons for

neither

unjustifiably

has

already

and

withholds,

shall

return

been

subordinate

refuses shall,

or

any

a

except

Provided,

statutes:

document

delay,

notify

nor

document

received,

returns

without

withhold,

as

That

relating

the

relevant

doing so.

Article 40 (Referral, etc. of Complaint) (1)

The

any

Ombudsman

complaint

complaints

whose

received.

Ombudsman of the (2)

The

this

etc.

case,

is

If

etc.

the

notify

the

regarded

Ombudsman advisory

and

time

under

opinions

thereby

which

when refers

that

shall,

complaint by

the

head

deemed

it is referred any

of

complaint

(1),

the

the

deemed

the

regarded

head

any

be

paragraph

on

its

is

agency, as

if

etc.

concerned

appropriate,

requested,

out

notify

of the

such handling.

shall

when

administrative

appropriate

petitioner

may,

the

handle

as

complaint

relevant

to

case,

of

may

Ombudsman

concerned

this

results

Ombudsman at the (3)

In

concerned

such

refer

handling

Ombudsman

Ombudsman agency,

may

head

refers

to

to

have

to

the

to

of

necessary, and

the

the

by

the

administrative

Ombudsman. received

by

In the

Ombudsman.

the

for

handling

been

administrative

Ombudsman

reasons

procedures

whose

doing render

measures

shall, so.

without

In

the

this

said

for

agency,

the

delay,

case,

the

petitioner remedy

of

his/her rights. (4) a

If

any

Local

delay,

petitioner

files

Ombudsman

notify

the

in handling the

a

complaint

under

other.

In

complaint.

Article

this

case,

both 39

with

(1),

they

the

each

shall

Commission

of

them

cooperate

and

shall,

with

with

without

each

other


Article 41 (Investigation of Complaint) (1)

Upon

receipt

investigate

the

conducted 1.

In

in

2.

In

cases

complaint,

the

Provided

Ombudsman

that

such

shall,

without

investigation

may

delay, not

be

following cases;

in

43

a

complaint:

the

cases

Article

of

which

the

complaint

falls

within

any

subparagraph

of

deemed

or

(1);

in

which

the

contents

of

the

complaint

are

false

ill-founded; or 3.

(2) or to

In

other

cases

in

the

Ombudsman

not

falling within

The

which should

it

in

continue

any

the

may,

If

the

case

or

such

in

after

which

investigation,

Ombudsman

interrupts

initiate

even

subparagraph of paragraph (3)

Ombudsman

deems

it

investigation,

inappropriate including

that

any

case

a complaint.

Ombudsman

suspend

the

is

an

deemed

including

a

investigation,

that

case

there

is

interrupt

no

falling

necessity

within

any

(1).

decides

suspends

it

initiating

such

to

cease

an

investigation,

investigation the

on

a

Ombudsman

complaint, shall,

or

without

delay, notify the relevant petitioner of the reasons for doing so.

Article 42 (Methods of Investigation) (1)

In

conducting

if deemed 1.

To

an

necessary,

request

the

investigation take

To the

request

petitioner,

present 3.

To

an

any

investigation

on

4. To commission

the

relevant

employee person

place an

of

of

him/herself and

inspect

of

administrative

explanation or submit 2.

any

under

Article

the

Ombudsman

may,

following measures: agency,

etc.

materials and

the

41,

or

any

to

give

an

documents;

administrative

interest

concerned

agency,

other

etc.

reference

concerned, person

to

submit his/her opinions;

or

facility

on-site

any other

basis;

deemed

relevant

to

and

entity to

make

an appraisal.

matters

subject

to


(2)

If

any

hears

employee

opinions

of

under

the

Ombudsman

paragraph

verifying his/her authority and (3)

The

with and

a

head request

cooperate

of

the

or

inspection

(1),

s/he

present

administrative made

therewithal in a

makes

it to

shall the

agency,

by

bona

the

fide

an

on-site

carry

relevant

etc.

inspection

an

identification

persons.

concerned

Ombudsman

or

shall

under

comply

paragraph

(1)

manner.

Article 43 (Rejection, etc. of Complaint) (1)

The

Ombudsman

following 1. A

2. A

requiring

Constitutional Inspection,

any

related Court,

or a

complaint

sentence

an

related

or

Board

procedure

of

within

any

of

the

other relevant entity: decision

with

to

or

related

Audit

with

is in

complaint

established

by

arbitration,

etc.

the

a

Board

and

the

investigation

the

competent

with

and

respect

to

any

court,

of

the

Audit

and

trial

which

at

the

Inspection,

to

i.e.,

related

judgment, or

Inspection requires

in

or

any

to

is

Board

the

of

regarded

of

Audit

administrative

Constitutional any

other

connection

procedure

and

the

Court,

objection

with

aiming

mediation,

subordinate

relationship

decision,

any action;

entity

the

settlement,

progress under Acts is

execution

a as

and

appeal,

review or

by

remedy

is in progress;

which

parties,

which

and

inspection;

to

other Act

respect

that by

Assembly,

commission,

criminal

litigation,

between

arbitration,

National

election

connection

under any

complaint

interests

6. A

falling

political

the

handling in

complaint

administrative

5. A

high

to

Inspection initiates an audit

the

complaint

local council;

whose

appropriate

4. A

a

or official secret;

complaint

3. A

reject

subparagraphs or transfer it to any

complaint

state

may

ruling, which

of

to

the

conciliation

or

statutes; rights

settlement, the

balance

Board

of

and

duties

mediation, Audit

and


7. A

complaint

private 8. A

related

complaint

If

the

relevant notify

related

to

agency,

Ombudsman

entity

the

case,

the

individuals or to

administrative (2)

to

under

relevant

the

an individual's personnel

a

paragraph

petitioner

advisory

of

rights

and

duties

between

privacy; or

administration

for

employees

of

any

etc.

rejects

Ombudsman

petitioner

relationship

of

may,

opinions

complaint

(1), the

the

reasons

deemed

the

transfers

Ombudsman

specified

when on

or

shall, for

and

to

any

other

without

doing

necessary,

procedures

it

so.

render

delay, In

the

measures

this said

for

the

remedy of his/her rights. (3) If

it

is

upon

falls

found

that

a

under

any

subparagraph

administrative

agency,

complaint

etc.

on

which

of

concerned

the

paragraph shall,

investigation (1),

without

the

is

head

delay,

based of

notify

the the

Ombudsman.

Article 44 (Recommendation for Compromise) The

Ombudsman

deems

may

necessary

investigation compromise

is to

for in

propose the

who

the

impartial

progress

those

to

or

are

parties

resolution

completed,

involved of

any

a

remedy

complaint

whereupon

s/he

whose

recommending

a

involved.

Article 45 (Conciliation) (1)

In

order

related

to

(2)

The

enter and

ensure

many

Ombudsman procedure

to

seal

may,

document.

upon

if deemed

and

and

or

impartial

having

request

or

resolution

far-reaching

ex

officio,

of

any

social

initiate

complaint

effects,

the

the

conciliation

necessary.

shall

compromised it

rapid

persons

conciliation

the

the

the

be

completed

matters

in

the

Ombudsman,

in

at

the

time

document turn,

when,

of

after

both

conciliation,

identifies

no

parties

they

flaws

in

sign that


(3)

The

conciliation

effect as a

under

paragraph

settlement under the

(2)

of

this

Article

shall

have

the

same

Civil Act.

Article 46 (Recommendation for Rectification and Submission of Opinions) (1)

If

there

illegal

and

is

a

sufficient

unjustifiable

Ombudsman

may

make

agency,

etc.

(2)

Ombudsman

The

etc.

concerned

concerned

is deemed

as

cause a

to

result

identify

of

the

recommendation(s) on an appropriate

may

opinions

submit

on

well-founded

to

matters

as a

the on

any

relevant

investigation to

the

head

method head

result of the

of

a

etc.

complaint,

the

as the

administrative

of rectification.

of

which

of

action,

the

the

administrative

relevant

agency,

petitioner's

investigation of a

case

complaint.

Article 47 (Recommendation for, and Submission of Opinions on, System Improvement) If

the

policy, a

improvement etc.

is

deemed

complaint,

the

of

the

any

relevant

necessary

Ombudsman

administrative

agency,

etc.

in

Act

the

may

and

course

subordinate of

recommend

concerned

the

statute,

investigating

or

submit

suggested

to

or

system, handling

the

head

of

improvement(s)

or

opinion(s) within reason.

Article 48 (Provision of Opportunity to Submit Opinions) (1)

Before

agency,

making

etc.

Article

46

(2)

or

or

with

Any

47,

his/her

the

agency,

an

on

the

etc.

of

person

the may

to

and

shall,

the

submit

their

attend

a

submit

Article 49 (Notice of Decision)

head

of

or

system

in

advance,

relevant

administrative

opinions or to

the

rectification

Ombudsman

opportunity to

employee

interested

state

recommendation

concerned

administrative person

a

the

administrative

improvement provide

petitioner

or

an

under

the

said

interested

opinions.

agency,

meeting

held

etc.

concerned,

by

necessary materials.

the

petitioner

Ombudsman

to


The the

Ombudsman head

of

the

shall,

without

administrative

delay,

notify

agency,

etc.

the

relevant

concerned

of

petitioner

a

decision

and on

a

complaint.

Article 50 (Notification, etc. of Results of Handling) (1) The

head

of

recommendation and

notify

the or

the

administrative

opinion

under

Ombudsman

agency,

Article

of

the

46

etc. or

47

results

thirty days

(2) If

agency,

head

of

recommendation recommendation, reasons (3)

If

the under

s/he

for not doing the

administrative

shall,

shall,

in

(1)

writing,

the

those

receipt.

concerned not

a

therewith

handling

after such

does notify

comply

the

etc.

receiving

receiving

implement

Ombudsman

a

the

of

the

(2),

the

of

the

so.

Ombudsman

Ombudsman

paragraph

shall

of

recommendation(s) or opinion(s) within the

concerned

receives

without

notice

delay,

under

notify

paragraph

the

relevant

(1)

or

petitioner

interaction thereof.

Article 51 (Request for Audit and Inspection) If,

in

that

the

any

relevant

course

of

employee affairs

negligence, respectively

the

investigating

of

the

illegally

the

government concerned

handling

administrative and

Commission

request

or

agency,

unjustifiably

and

Board

to conduct

the

of an

any

etc.

by

and

audit and

it

concerned

intention

relevant

Audit

complaint,

Local

or

is

found

deals

with

in

gross

Ombudsman

Inspection

and

the

may local

inspection.

Article 52 (Confirmation and Review of Implementation of Recommendations, etc.) The

Ombudsman

recommendations

may

made

Article 53 (Publication)

or

confirm

and

review

opinions submitted

the

compliance

under Articles 46 and

with 47.


The

Ombudsman

publication

is

individual's

privacy:

1. Content

not

may

of

Articles 46

publish

restricted

the

under

recommendations

and

any

other

made

items

Act

or

or

provided

will

opinions

not

that

violate

submitted

an

under

47;

2. Results of handling under Article 3. Reasons for

following

50 (1); and

not implementing recommendations

under

Article

50

(2).

Article 54 (Interrelations between the Commission and Each Local Ombudsman and between Local Ombudsmen) (1)

The

Commission

perform

duties

assistance (2) The

and

unless

shall

there

Commission

or

each comply

Local with

is any justifiable

shall

actively

Ombudsman request

for

shall

mutual

reason to decline

support

any

of

independently

the

consultation

or

such requests.

Local

Ombudsman's

activities.

CHAPTER â&#x2026;¤ REPORTING OF ACTS OF CORRUPTION AND PROTECTION OF WHISTLE-BLOWERS, ETC.

Article 55 (Reporting Act of Corruption) Any the

person

who

becomes

aware

of

an

act

of

corruption

may

report

it

to

Commission.

Article 56 (Public Organization Employeeâ&#x20AC;&#x2122;s Obligation to Report Corruption) In

the

case

corruption corruption

that

has by

immediately

a

public

been another

to

any

organization

committed public

or

is

employee forced

organization

investigative

learns

or

proposed

employee,

agency,

the

that

s/he

Board

an to

shall of

act

of

commit report

Audit

it

and


Inspection or the

Commission.

Article 57 (Obligation to Report in Good Faith) A

person

or

could

by

this

who

reports

an act

have

known

that

of corruption

his/her

report

despite was

the

false

fact

shall

that

not

s/he

be

knew

protected

Act.

Article 58 (Method of Reporting) Any

person

written

who

intends

statement

purport

and

information

report

containing

reasons

on

to

who

for

act

his/her

in

of

corruption

personal

reporting.

engaged

wrongdoing shall be

an

And

corruption

do

information,

when and

shall

making

evidence

so

in

a

intention, disclosures,

attesting

to

the

included.

Article 59 (Handling of Reports) (1) The

Commission

details from the 1. Matters name,

necessary address

2. Matters

truth

of

(3) If

and

of

submit

the

need

whether 29

necessary

for

shall

investigative

agency

public

organization.

refers

to

refer or In

public

a

report,

confirm

the

following

contents of

and

the

an case

the

report

informant,

purport

contents

any

materials

of

of

his/her the

such

as

the

complainant report;

report

fall

or

and under

any

informant,

complainant

within

scope

the

of

or

whistle-

ascertaining

the

in paragraph (1).

investigating it

the

of

(2).

ask

specified

Commission

the

details

may

arises

the

occupation

the

of

complainant or whistle-blower:

Article

matters

receipt

specify

and

Commission to

to

concerning

subparagraph

blower

upon

informant,

whistle-blower

(2) The

may,

to

the

Board

agency such

organization

a

in a

corruption of

charge

Audit of

supervisory

in

case

reported,

and

Inspection,

supervising agency

itself.(hereinafter,

is the

the

the an

relevant

nonexistent,

it

"investigative


organization"). according to (4) If

a

If

the

the

Commission

has

under

of

suspected

act

suspected received the

of

shall

accusation

1. A

a

corruption

and

an

of

Mayor

State

secret,

it

shall

an

of

Capital

a

needed

institution with

is

corruption

senior

subparagraphs

are

of

the

public official with the

2. The

a

committing

report

following

punishment file

contains

be

handled

Presidential Decree.

person

each

report

for

public

of

Vice

Metropolitan

and

an

if

details

investigation

against

which

the

who

falls

official

prosecution,

prosecution

rank

public

on

on for

the

his/her criminal

Commission

him/her

in

its

name:

Minister or higher;

City,

Mayor

of

Metropolitan City

or

Provincial Governor; 3. A

police

4. A

judge

5. A

military officer with the

6. A

National Assembly member.

(5) The shall do

the

when

investigation (6) The days

or a

public

prosecution,

notify

so

officer with the

or

when

grounds

such

rank of general;

receipt

Commission case

which

of

the

of

an

the

as

extended

shall

receives the

the

need

for

of

Commission

handle

a

and

accusation

results

relates to another case

it

higher;

prosecutor;

upon

Commission

of

may be

a

rank of superintendent general or

its

has

reported

paragraph

is

It

shall

already

(4), also

under

under investigation.

provided

case

that

supplementation,

for no longer than

under

investigation.

corruption

case;

filed

30

if

then

reported there the

are

within

60

justifiable

period

of

time

days.

Article 60 (Handling of Investigation Results) (1) The or

investigative

examination

provided be

that

extended

if

of

organization

a

there and

case are the

within

shall complete 60

justifiable

days

of

grounds,

investigative

its

inspection,

when

then

the

organization

it

investigation

receives

period shall

of

the

case;

time

may

inform

the


Commission (2) The

why

how long it

investigative

Article

59

shall

investigation, such

and

an

organization

notify

the

the

the

thereof

investigation

Commission

making

to

shall

the

which

Commission

examination

inspection,

findings, person

or

will extend

of

within or

a

deadline.

report

the

10

a

referred

findings

days

of

examination.

relay

is

summary

of

when

Upon

of

the

under

inspection, it

concludes

receiving

findings

the

to

the

disclosure.

(3) The

Commission,

explain

the

results

if

on

necessary, which

may

the

ask

the

investigative

organization

has

made

organization

notification

to

under

paragraph (2). (4) When

the

investigative the

inspection,

organization

organization

examination evidence,

by

to

30

Any

informed

of

findings

inspection, results

of

of

completion.

of

such

of the

an

further In

that

inspection,

findings to the

the

the

the

the

conducted

for

or

part

the

may

ask

investigation

or

example,

Commission

latter

by

Commission

inspection,

complainant

is

submitting notified

of

whistle-blower

of

the

above

new the

who

paragraph

is (2)

findings.

organization or

examination

grounds,

when

under

the

investigation

such

again

informant,

objections to

investigative

of

or

inadequate,

resonable

days

thereof. these

deemed

launch

findings

(5) The

is

presenting

within

may raise

investigation

that

is

examination

inspection, case,

shall

notify

investigation

the

or

Commission,

investigation person

requested

or

making

the

launch

upon

again

Commission

examination

examination,

the

to

within

receiving shall

the

relay

a

the

of 7

the

days

findings summary

disclosure.

Article 61 (Filing Adjudication) (1) If 59 the

(4)

a

person

and

(5)

Criminal

suspected falls

Act,

under

of

committing

Articles

including

the

129

case

of

an

act

through

of 133

aggravated

corruption and

355

under

through

punishment

Article 357

under

of

other


Acts

and

the

him/her, filed

is

or

Commission if

already

investigation, the

the

under

and

Commission

either an

of

same

the

if

two

adjudication

corresponding

case

cases,

to

accusation

the

one

not

the

right

High

or

is

the

the

another

concerned

delivers

a

public

may

Prosecutor's

an

with

Office

case a

to

to

against

application

the

High

which

is

under

notice

prosecution

file

thereof

against

accusation

to

institute

wrong

prosecution

which

related

Commission

or

Public

with

against

prosecutor

does

then

the

the

as

public

s/he

on

an

investigation

the

that

files

for

Court

the

public

prosecutor belongs. (2) Articles Criminal referred (3)

260

to in

respect (1),

prosecution

by

public

a

prosecutor after be

the

262,

262

(4),

mutatis

apply

date

at

at

not on

prior

264

and

mutandis

the

that

the the

shall

and

the

be

264

for

the

such

that

(2)

of

the

adjudication

three

that

statute

the

does

a

of

public not

to

limitation prosecutor

institute

such

an

accusation which

Article

59

(4),

filed

such

served

m onths

if

by

the

three

accusation,

such

lapsed,

a

in

public

to

prosecution

has

referred

instituted

the

s/he

respect

public

not

which

deemed

C om m ission

the

adjudication

has

under

prosecutor

that

the

on

with

prosecution

public tim e

date

Commission

instituted

w hich

the

it

time;

the

for

prosecutor

to

expires,

on

with

that

application public

days

notice

has

Com m ission

the

thereof

filed

d eem ed

261,

shall

the

ten

prosecution

Commission

Act

to if

prosecution served

(4),

paragraph (1).

paragraph

has

to

Procedure

With

for

(2)

notice

the

public m onths it

shall

on

the

respectively.

Article 62 (Guarantee of Public Position) (1) Any terms

person of

shall

his/her

disciplinary action that

under

materials

this

on

not

subjected

working

taken

Act

be

s/he

a suspected

by a

to

disadvantage

conditions group

reported,

to

or

public

which s/he

made

a

act of corruption.

written

or

discrimination

position,

belongs,

on

statement,

in

including the

or

ground

submitted


(2) Any

person,

discrimination Commission other

who as

to

a

against

suffered

result

take

necessary

action

has

of

him/her,

to

for

against him/her.

(3) Any

who

disadvantage, revocation for

such

of

a

example,

license,

or

as

contract,

there

is

a

may

ensure

or

request

at

cancellation

of

the

the

purpose

correcting under

elsewhere,

financial permit

or

restoring

request

the

position

and

or

suspending

administrative

license

take

the

or

discriminatory

or

implementation

of

the

may

public

Commission

temporary

disadvantage

invalidating

him/her

request

suffer

his/her

by

put

the

for

his/her original state, (4) If

the

contract,

to

been

to

corruption,

guarantee

transferring

has

expected

example,

disciplinary action person,

is

reporting

measures

measures,

or

and

necessary of

the

situation

the

steps,

permit, back

to

disadvantages.

paragraph

(2)

or

(3),

the

Commission

shall

launch an inquiry. (5) The in a

Commission

manner that

1. A

request

themselves

may

launch

A

request

to

the

before

requester the

to

the

An the

inquiry

investigation

(6) Any

person

who

each subparagraph (7) When position ask

and

the

requester the

a

head

is

of

person

the

of

belongs the

with

paragraph

(4)

reference to

persons

state

for

their

presenting

opinions

or

for

or

deemed

persons,

relevant to

information,

requester, to

which

reference

the

or

request,

related

the

are

agencies

investigation;

deemed

inquiry,

or

or

relevant

persons or related

for

to

agencies.

measures

under

paragraph (5) shall sincerely comply with them.

made

an or

or

reference

are

subject

investigation

head

of

facts

of

accordance

statements;

requester,

about

in

following:

Commission

submitting materials that 3.

inquiry

falls under any of the

submitting their written 2.

an

a

found

that

organization,

related

body

request

shall

agency comply

for it

is

the

reasonable,

group to

take

with

guarantee

or

the

of

requests

public

Commission

enterprise

proper

his/her

to

which

the

measures.

In

from

Commission,

the

this

may

case,


unless there (8) If the

a

are

public

justifiable

organization

Commission

transfer

and

to

of

the

and

to

take

relevant

such request(s) (9) The

take

necessary

and

it

or

the

steps.

may

the ask

reports

may

In

organization

inform

Commission

act contrarily.

personnel

then

Security

public

to

employee

proper

secondment,

Administration organization

reasons

corrupt

management request

such

a

measures

asks

such

as

of

Public

of

the

appropriate

public

case,

the

give

relevant

duly

Minister

Minister

prioritized

Commission of the a

and

the

head

shall

acts

or

the

head

consideration

to

results.

disciplinary

officer

to

take

action

against a person who has violated those rights outlined in paragraph (1).

Article 63 (Presumption of Disadvantages) If

a

this

public Act

organization

and,

Commission litigates

for

employee

pursuant to

to

restore

that

reports

paragraph

the

purpose,

disadvantages for his/her act

(2)

situation then of

an

act

or

(3)

back

to

s/he

is

of of

corruption

according

Article

requests

his/her

62,

original

presumed

to

state

have

to

the or

suffered

reporting corruption.

Article 64 (Personal Protection) (1) Any matters from

employee of

of

the

corruption

disclosing

or

are

an

his/her subjected may

informant,

family, to

request

Commission Policy

Agency,

or

or

ask

the

the

chief

investigative

Article of

the

59

(3)

agency

shall

informant,

be

to

which

prohibited

complainant

or

consent. or

whistle-blower

cohabitant

to

or

take

a

local

should

the

fear

protective

Commissioner of

the

identity

retaliation,

Commission

or

under

complainant

pressure

may

the

his/her

relatives

the

referred

suggesting

whistle-blower without (2) If

Commission

be of

police

such

of

agency

that

protected

steps.

General

feels

s/he

from

being

consequences, In

the or

such

a

Korean the

or

s/he

case,

the

National

chief

of

the


competent police station to take relevant protective steps. (3) The chief

Commissioner

of

shall,

a

local

upon

protect

police

receiving

the

party

General

of

agency,

or

a

request

concerned

the

Korean

the

as

chief

of

described

under

the

National the

in

Policy

competent

paragraph

conditions

as

Agency, police

(2),

take

the

station

steps

prescribed

by

to

the

Presidential Decree. (4) If

a

person

suffers disadvantages

corruption

or

experience

such

of

Personal

Card)

to

Those

Who

(5) Any

reasonable

12

Report and

or

Article

the

9

(Inspection of

Crimes

following

grounds

to

discrimination,

(Consultation Specific

discrimination for

Legal

Act

assume

from

that

Article

apply

of

mutatis

procedures

in

s/he

7

Identification

Proceedings)

shall

criminal

of

his/her report

of

may

(Omission

Management

the

Protecting

mutandis

connection

to

the

with

the

act of corruption. person

shall

of

an

others

knowledge (3) and

are

disadvantages

Article

information enables

there

Information),

investigation reported

if

or

to

that

not

disclose,

informant, assume

s/he

is

or

complainant

that

being

report,

s/he

let or

reported

protected

others

know

the

whistle-blower, corruption,

pursuant

to

the

personal or

secure

above

what in

the

paragraphs

(4).

Article 65 (Protection of Cooperators) The

provisions

guarantee than or

a

of

of Articles 62,

public

position

whistle-blower,

examination

who

procedure

64

and

and has by

66

shall apply

physical

cooperated stating

mutatis mutandis to the

protection in

the

his/her

of

any

person,

inspection, opinion

other

investigation

and

submitting

materials with regard to corruption matters reported under this Act.

Article 66 (Mitigation of Culpability) (1) If the

a

person

detection

crime

may be

of

reports a

corrupt

crime

mitigated

acts

committed or

remitted.

according by

to

this

Act,

himself/herself,

which

results

punishment

for

in the


(2) The

provisions

of

paragraph

any disciplinary

measure

(3) If

reports

a

person

deemed of

not

to

his/her

stipulate

violate

duty,

above

shall

taken by a

public

organization.

corrupt the

even

mutatis

(1)

acts

according

obligation

though

of

other

apply

to

this

Act,

confidentiality

laws,

pacts,

in

mutandis

s/he

the

to

shall

be

performance

employment

rules,

etc.

otherwise.

Article 67 (Applicable Provisions) The the

stipulations

of

66

shall

mutatis mutandis to each of

Articles 62

to

apply

reported

acts

of

corruption

to

the

public

organization

acts

of

corruption

to

the

public

organization

following cases:

1. where

a

person

to which 2. where

s/he

a

person

supervising belongs; 3. where

belongs; reported

the

organization,

group

or

enterprise

to

which

s/he

and

a

person

reported

violations

of

the

Code

of

Conduct

for

Public

Organization Employees.

Article 68 (Financial Reward and Compensation) (1) If

a

person

financial serve

a

benefits

the

receive

reports or

public

an

award

a

directly

person to

preventing

under

legal

Commission shall

reports

from

relations

include

in

for

the

an

or

expenses

by the of

spent

are

damage

and

to

a

this

public

may

Act

bring

organization,

recommend Act

to

that

and/or

or

s/he

provide

Presidential Decree. under

revenues costs

to

established,

compensation. to

under

Decorations

corruption

economic

of

corruption

Commission

Awards

act

matter

payment

the

recovering

bearing

that

of

financial

then

prescribed

increasing it

act

prevent

interest,

financial reward

(2) If

an

restore

his/her

Act

of

a

be

otherwise

then

In

this

that

public

s/he case,

situation

contribute

organization incurred,

may the to

to

a

apply

or

or

to

if

the

compensation state

prior

to


suffering discriminatory action. (3) If

the

Commission

compensation

as

compensation Reward

that

a

after

as

above legal

application

paragraph

set

by

up

the

reports

(2),

be

for

filed

relations

the

within

in

accordance

Presidential

an

act

of

regarding

reduction of costs of the

years

the

of of

for

shall

deliberation

payment 2

it

a

such compensation may be

application

shall

an

through

Board

official

his/her duties,

in

going

prescribed

public

(4) The

provided

Deliberation

conditions

receives

pay

with

corruption or

compensation

the

recovery

date

or

on

payment applicant

resolution Article

69

provided, in

of

the

on

the

however,

connection

with

paid.

under

paragraph

of

it

is

of

such

not be

which

increase

public organization are

the

and

Decree;

reduced

the

known

revenues

(2) that

or

the

established.

Article 69 (Reward Deliberation Board) (1) The

Commission

deliberate

on

and

shall

establish

resolve

matters

the

Reward

concerning

Deliberation

the

payment

Board

of

to

financial

reward or compensation pursuant to paragraphs (1) and (2) of Article 68. (2) The falling

Reward under

1. Matters and

Deliberation

each of the

concerning

Board

shall

deliberate

on

and

resolve

matters

financial

reward

following subparagraphs:

requirements

for

the

payment

of

compensation;

2. Matters to be 3. Other

concerning

paid

the

amount

of

financial

reward

and

compensation

and

matters

concerning

the

payment

of

financial

reward

and

compensation. (3) Necessary

matters

with

regard

to

the

composition

and

operation

of

the

Reward Deliberation Board shall be prescribed by the Presidential Decree.

Article 70 (Determination of Compensation Payment)


(1) The filed the

Commission

under

Article

amount

date

of

of

the

shall, 68,

the

upon

receipt

determine

compensation,

application

of

an

whether

to

if

any,

therefore,

to

unless

application pay

be

such

paid,

there

for

compensation

within

exists

compensation

90

any

days

and

of

reason

to

the the

contrary. (2) If

the

Commission

it shall immediately

determines

inform

the

to

pay

compensation

applicant

under

paragraph

(1),

thereof.

Article 71 (Relation to Other Acts and Subordinate Statutes) (1) Any be

person

prohibited

Acts

and

(2) If this

or

under

of

the

who

already

paid

to

Acts

for

compensation compensation

receive

and

shall

this

under in

Article

68

accordance

to

not

be

Act,

for

statutes,

for

the

obtained received given

less

the

two

received

be

is

compensation,

subordinate

compensation

compensation

subordinate

paid

compensation

between the

any

another

is

compensation

under

difference (3) If

or

Act

or

received

who

other

be

shall

with

not

other

statutes.

compensation

this

reward

and

of

to

applying

received

reward

amount

from

person,

provisions such

is

subordinate

any

Act

who

reason

statutes,

is

the

under

to

than

same

this

as

under

the or

any

the

of

reward

according if

Act,

If

amount

compensation

and

same

him/her.

the

received

under to

the

amount exceeds

of the

compensation

amount

of

compensation

such to

be

this

Act

shall

be

the

this

Act

is

receive

amounts.

compensation the the

same

pursuant

reason

amount

to

be

under paid

to

provisions shall

be

of

to

other

Acts

determined

with

compensation deducted.

CHAPTER â&#x2026;Ľ CITIZENSâ&#x20AC;&#x2122; REQUEST FOR INSPECTION

Article 72 (Right to Request Inspection) (1) In

the

event

that

a

public

organization

seriously

harms

public

interest


while

executing

administrative

subordinate

statutes

aged

over

19

or

Inspection number

of

however, National or

the

may

citizens

that

of

the

President

Election

courts,

the

the

and

the

(hereinafter,

the

the

violation

of

from by

no

the

of

a

than

the

relevant

certain

provided, by

made

the

to

Supreme of

Board

and

Commissions,

be

Chairperson the

a

and

citizen

Audit

executed

shall of

any

of

Election

Justice

of

Acts

Decree;

affairs

Court,

the

Chairperson "head

fewer

request

Chief

Court,

Board

Presidential

such

of

corruption,

the

administrative

Inspection,

the

a

act

Constitutional

Assembly,

or

an

signed

by

Constitutional

Commission,

Inspection

to

in

to

inspection

petition

respect

National

of

a

an

prescribed

Audit

due

involvement

request

as

with

Assembly,

of

its

presenting

Board

Speaker the

by

or

affairs

the

of

public

the

Court,

National

Audit

and

organization").

<Amended by Act No. 9342, Jan. 7, 2009> (2) Notwithstanding under

any

subject of a

of

the

the

provisions

following

of

paragraph

subparagraphs

Matters

pertaining

execution

of

surveillance measure,

to

the

penalty

measure,

any

measure, and

appropriateness

(including any

protective any

that

internment

community

organizations; or notable 5. Other

have an

matters

as prescribed

of by

(3) Notwithstanding

been

exception

omissions

be

matters

excluded

falling

from

the

confidential information; of

an

detention

are

shall

be

measure, measure, any

any

under made

is

security

probation

custodial

treatment

or individual privacy;

inspection in

case

reasonably

the

Presidential Decree.

the

provisions

of

and

any

by

there

other

are

new

inspection already conducted;

inspection

trial,

order);

right relationship

or

investigation,

security

measure,

service

from such

which

any

protective

3. Matters pertaining to private 4. Matters

shall

the

request for inspection:

1. Matters pertaining to national security and 2.

(1),

paragraph

(1)

deemed

above,

public results

and

inappropriate

any

inspection


request to

the

pertaining rights

Article

16

of

to

the

local

of the

execution

of

governments

the

and

administrative

their

heads

affairs

shall

be

that

belong

governed

by

Local Autonomy Act.

Article 73 (Method of Requesting Inspection) Any in

person

the

who

form

occupation,

intends

of

etc.

a

request

signed

and

inspection under the

to

the

an

inspection

document

purport

of

stating and

shall

his/her

reasons

conditions as prescribed

make

by the

such

name,

for

request address,

requesting

such

Presidential Decree.

Article 74 (Decision on Conducting Inspection) (1) With main

respect

sentence

Deliberation

to

of

an

inspection

Article

72

Commission

(1),

request

the

National

prescribed

by

Audit and

Inspection shall determine

(2) If

head

the

request days the

of

under the

of

the

Court

Regulations, or the the

Board

organization head

shall

deems

days of when the

to

that the

and

an

the

of

the

inspection

of

and

to

and

s/he

or

shall

of

in

Court

is

the

the

Request

Board

an

of

of

30

with the

Commission

Inspection. a

groundless,

requester

within

accordance

Election

head

inspection

Regulations,

of Audit and the

the

determine,

inspection

request

inform

Inspection

receives

National

Board

with

conduct such inspection.

Supreme

the

accordance

Regulations

such

Inspection

request

decision

(1),

conduct

Regulations,

Audit

the

organization

72

Regulations,

in

Audit

whether

public

Article

Regulations

of

dismiss

of

whether

Assembly

Constitutional

(3) If

relevant

proviso

receipt,

National

a

made

relevant such

thereof

public

board

or

within

10

dismissal comes.

Article 75 (Inspection on Request) (1) The

Board

organization

of

shall

Audit

and

conclude

Inspection an

or

inspection

the

head

within

of

60

a

relevant

days

of

public

when

a


determination however,

has

that

the

any justifiable (2) The

such

made

period

of

60

to

conduct

days

may

such

be

inspection;

extended

where

provided, there

exists

reason.

Board

organization

been

of

Audit

shall

inspection

and

notify

within

a

Inspection

requester

10

days

of

or

for

the

the

an

head

of

inspection

date

on

which

a

relevant

of

the

such

public

results

of

inspection

is

concluded.

Article 76 (Operation) Matters

necessary

provided

for

Regulations,

in

Act,

Board

be

Court

National

the

request

shall

Supreme

the of

citizensâ&#x20AC;&#x2122;

this

the

Regulations, Regulations

for

for

inspection,

governed

by

Regulations,

Election

of Audit and

except

the

the

as

otherwise

National

Assembly

Constitutional

Commission

Regulations,

Court or

the

Inspection.

CHAPTER â&#x2026;Ś SUPPLEMENTARY PROVISIONS

Article 77 (Proposal, etc. for System Improvement) (1)

The

course

Commission of

handling

improvement

of

President or the

(2)

If,

relevant the of

local such

the

Act

a

which

the

in

may,

or

is

complaint is

of

deemed

handling

ordinance

Ombudsman Act

there

found or

any

if

unreasonable

there

necessary,

are

system

other

submit

in

the

matters

opinions

the

thereon

to

National Assembly.

course

or

if

is

may

ordinance

complaint,

obviously

submit

to

a

the

it

is

unreasonable,

opinions

National

on

the

Assembly

deemed the

any

Commission

amendment or

that

the

or

or

repeal

relevant

local

council.

Article 78 (Protection of Information on Complaint) The

Commission,

the

local

Ombudsman

and

the

administrative

agency,

etc.


concerned petitioner on a

shall and

endeavor

other

not

interested

to

violate

persons

due

the to

interests

the

of

disclosure

the of

relevant

information

complaint.

Article 79 (Notice, etc. of Matters Necessary to File Complaint) (1)

The

Commission,

administrative convenience, the

keeping

(2)

The

agency,

of

have

necessary

for

administrative

a

manuals,

complaint,

the

etc.

including

Commission

promote

the

any

the

local

concerned notice

of

shall,

to

matters

and

the

the

extent

necessary

to

head

of

possible, file

a

the

provide

complaint,

etc.

and

the

local

employee

in

confirmation

agency,

Ombudsman

etc.

convenience

Ombudsman

charge of

of

the

implement

materials,

concerned,

shall,

etc.

dealing

directly

the

and

in

the

a

procedures

cooperation otherwise

with

with

the

endeavor

to

relevant petitioner.

Article 80 (Cooperation with Administrative Agencies, etc. Concerned) (1)

The

request

Commission the

necessary (2)

Those

provide bona to

the

administrative perform

the

administrative

assistance

fide,

the

to

and

comply

by

Ombudsman

agencies,

etc.

may,

concerned

if to

deemed

necessary,

provide

assistance

duties. agencies,

the

with

local

etc.

Commission

such

request,

concerned and

unless

the

which local

there

is

are

requested

Ombudsman

any

justifiable

to

shall, reason

contrary.

Article 81 (Education, Promotion, etc.) (1) The raise and (2)

Commission and

public to

awareness

the

local

necessary

remedy violations thereof,

Ombudsman may provide to

awaken

public

education

consciousness

of

and

rights

if any.

The Commission and the local Ombudsman may consult with the Minister of

Education,

Science

and

Technology

to

assist

schools

to

provide

education

to


handle complaints, remedy violations of rights and fight corruption. (3)

The

heads of

Commission

of

the

the

administrative

complaint

course

and

systems

local

agencies,

and

Ombudsman etc.

may

concerned

anti-corruption

in

to

any

consult

with

the

include

the

contents

education

or

training

for public officials.

Article 82 (Employment Restrictions on Public Organization Employees Dismissed for Corruption) (1) Any

public

dismissed

or

connection any

removed

with

public

scale

organization

service

from

his/her

area

(hereinafter,

for the

(hereinafter,

for

any

three

for

shall

in

committing

the

which

an

leading or

been

not

to

corporation

seeking a common interest and mutual cooperation with a for 5

years

(2) The

from the

provisions

mutatis

apply

between the resignation

date

of

Article

mutandis

post

and

to

the

on which s/he 17

to

(2)

the

which the for-profit

of

scope

a

than

job

in in

a

certain

former

public

or

resignation organization

for the purpose of

for-profit

company,

resigns.

the of

Public the

the

Service

Ethics

relationship

public official has

company,

been

corruption

his/her

established

has

landing

less

to

or

of

his/her

up

any

act

from

of

related

has

resigns,

prohibited

is

company"),

"association")

rightly

company

which

years

who

be

private

profits,

"for-profit

the

office

duties

organization,

established

employee

scale

belonged of

the

of

Act

shall

close

prior to

for-profit

ties

his/her

company,

and the scope of the association under paragraph (1).

Article 83 (Demand for Dismissal of Employed Persons) (1) In

the

violation that

the

comply (2) In

event

of

the

head with

the

association

of

the

event in

that

a

person

provisions the

public

demand that

of

a

violation

is

employed

Article

82,

organization

the

of

the

is

employed

provisions

a

public

in of

organization

Commission

concerned

unless any justifiable

person

in

shall

dismiss

in

demand

him/her

and

grounds exist. a

for-profit

Article

82,

company the

or

an

Commission


shall to

demand

terminate

head

of

justifiable

of

the

public

organization

the

him/her.

association

head

employment

request

dismiss

the

his/her

the

demand, to

that

shall

head In

of

this

grounds that

in

organization concerned

the

company

concerned

such

case,

promptly

public

for-profit

the

head

comply

with

render

it too

of

or

shall,

association

upon

company the

the

such

for-profit

the

of

this

association

company

unless

him/her

to

steps

and

receipt

or

request

difficult for

take

or

the

there

are

do so.

Article 84 (Special Case for National Assembly, etc.) The

National

Election

Assembly,

Commission,

voluntary

efforts

subparagraphs

to

or

courts, the

Board

sincerely

5 through 8

the

Constitutional of

perform

of

Article

Audit the

12

and

work

to

Court,

the

Inspection

provided

for

National

shall in

exert

each

of

prevent internal corruption.

Article 85 (Delegation Provisions) (1) With the

regard

to

Administrative

(2) Matters this

Act,

Assembly Court

administrative

appeals,

Appeals Act is

applied.

necessary shall

be

to

prescribed

Regulations,

Regulations,

Regulations

of

the

enforce

the

the

this by

Supreme

National

Board

Act, the

otherwise

other

Presidential

Court

Election

of Audit and

than

stipulated

what

is

Decree,

Regulations,

Commission

the

in

the

Act,

prescribed the

by

National

Constitutional

Regulations,

or

the

violated

the

Inspection.

CHAPTER â&#x2026;§ PENAL PROVISIONS

Article 86 (Offense of Exploiting Office Secrets) (1) If

any

Article

7

prison

or

No. 9342,

public (2), with Jan.

organization

s/he not 7,

shall more

2009>

be than

employee

punishable KRW

50

is

found

with

million

not in

to

have

more

fines.

than

7

years

<Amended

by

in Act


(2) In

the

case

of

the

imprisonment and

fine

(3) The

property

goods

offense of

of

such

value

or

paragraph

offense

to be

situation

may be

(1)

shall

be

imposed

interest

or

described

by

a

acquired

confiscated

paragraph

(1),

the

cumulatively.

acquired

knowingly

in

or

person

by

a

collected

committing

third

by

party

the

the

by

way

corresponding

confiscated.

Article 87 (Offense of Leaking Office Secrets) Any

person

while

who

has

performing

punishable

with

divulged

his/her

duties

imprisonment

not exceeding KRW

confidential

for

in

information

violation

not

more

of

than

5

that

s/he

Article years

30

or

learned

shall

with

the

be fine

30 million.

Article 88 (Offense of Leaking Personal Information) Any not

person, more

who

than

violates paragraph

three

years

in

(5)

prison

of

or

Article

be

64,

fined

shall

not

be

more

sentenced

than

KRW

to 10

million.

Article 89 (Offense of Violating Employment Restrictions on Public Organization Employees Dismissed for Improprieties) If

any

public

improprieties company

or

punishable

organization

is any

with

KRW

20 million

If

person

employee

employed

in

association

in

not

more

than

any

who

public

violation 2

years

of in

has

been

organization, Article

prison

82

or

(1),

with

dismissed any

for-profit

s/he not

for

shall

more

be

than

in fines.

Article 90 (Offense of Disobedience) a

complainant conditions in

Article

prison

or

who or

disadvantaged

whistle-blower

pursuant 62 be

(7), fined

to

then

Article s/he

not more

or

in 62

will

discriminated

terms (1)

be

fails

of to

public meet

sentenced

than KRW

against

not

10 million.

an

position

the

or

requests

more

than

informant, working

prescribed

one

year

in


Article 91 (Fine for Negligence) (1) Any

person

punishable

with

<Amended

by

1. A

A

not

more

who

complainant

2.

falls

one

than

or

Jan.

7,

who

violates

the 10

following

million

in

categories fines

for

shall

be

negligence.

2009> or

whistleblower prescribed

of

KRW

disadvantages

conditions

person

into

Act No. 9342,

person

working

who

discriminates

in in

terms

of

against

his/her

an

public

paragraph (1) of Article

paragraph

(6)

of

Article

62

informant, position

or

62

and

fails

to

meet

the requests or inquiries prescribed by paragraph (5) of the same article 3.

A

person

Article

62

(7)

fails

or

whistle-blower

in

(2) Any

(3) A

person of

by a

fine

meet

the

Commissionâ&#x20AC;&#x2122;s

reasonable

discriminates terms

of

grounds,

against

public

an

position

demand

except

for

informant,

or

working

according

a

person

who

complainant conditions

to

or

under

62 (1)

performance punished

to

without

disadvantages

Article

and

who

for

collected

who duties fine

obstructs, under

for

Article

negligence

negligence

by the

refuses,

under

Commission

(4) Deleted

<Jan.

7,

2009>

(5) Deleted

<Jan.

7,

2009>

(6) Deleted

<Jan.

7,

2009>

(7) Deleted

<Jan.

7,

2009>

(8) Deleted

<Jan.

7,

2009>

ADDENDA

42 not

evades,

without

or

any

intentionally justifiable

exceeding KRW 5

paragraph

(1)

in accordance

and with

(2)

delays

reason

shall

the be

million. shall

be

imposed

Presidential Decree

<Act No. 8878, Feb. 29, 2008>

Article 1 (Enforcement Date)

This

Act

shall

enter

into

force

on

the

date

promulgation.

Article 2 (Annulment of other Acts)

The

following

Acts are

annulled.

of


1. Anti-Corruption 2. Act

on

the

Act

Establishment

and

Operation

of

the

Ombudsman

of

Korea

Article 3 (Transitional Measures concerning Works and Public Officials due to the Abolition and Establishment of Committee Organizations) (1)

The

works

Independent force (2)

are

conducted

Commission

succeeded

The

by

Korea

enforcement

of

commissioners case, (3)

the

The

Korea

the

this of

term

of

public

Anti-Corruption

enforcement

are

is

officials

of

the

remaining

belonging

to

Commission

this

Act

are

be

&

the

this

Act

the

Korea

enters

and

into

standing

Ombudsman of Korea

Corruption

appointed

Civil

Rights

or

at

the

and

time

of

commissioned

Commission.

In

as

this

period.

the

Ombudsman

Against

regarded

and

Chairpersons

of

to

Korea

when

Against

regarded

of

& Civil Rights Commission.

the

political service

Anti-Corruption

office

Independent

Corruption

Commission

Act

the

Ombudsman

excluding

serve

Independent

the

Against

commissioners

commissioners who the

by

as

of

Corruption

the

ones

Korea

and

the

the

time

of

at

belonging

to

the

Civil

Rights Commission.

Article 4 (Transitional Measures concerning Work Transfer) (1)

The

Korea Act the

actions

conducted

Independent

on

the

Establishment

as

and

Commission

Anti-Corruption

regarded

by

and

Act

actions

at

to

the

Against

Operation the

conducted

time

by

Ombudsman

Corruption of

the

of

and

in

of

Korea

and

the

accordance

with

the

Ombudsman

enforcement

to

the

of

of

Korea

this

Anti-Corruption

and

Act &

are Civil

Rights Commission. (2)

The

inspection

Anti-Corruption Inspection

of

Court

or

at

time

the

the of

requests

Act,

Korea,

and the

National

filed

works

National

Election

enforcement

of

by

the

people

accordance

conducted

by

the

Assembly,

the

Courts,

Commission

this

in

Act

are

with

Board

regard

regarded

to

be

the to

of

with

Audit

the and

Constitutional those

requests

performed

based


on this Act.

Article 5 (Transitional Measures concerning Secondees) The

public

officials

organizations Korea

who

or

are

Independent

enforcement

of

seconded

Act

belonging

to

Commission

this

Anti-Corruption &

employees

the

of

Corruption

regarded

as

institutions·

relevant

Ombudsman

Against

are

to

Korea

at

those

and

the

the

time

seconded

of

to

the

Civil Rights Commission.

Article 6 (Relationship with Other Acts and Subordinate Statutes) (1)

When

this

Commission

is

responsibilities the

Rights

enters

Against

Chairpersons

or

Act

cited of

the

Commission,

force,

Corruption’,

in

Ombudsman

into

other

Korea

of it

Acts

and

term

subordinate

succeeded

regarded

the

‘Ombudsman

Independent

Korea

is

if

to

be

‘Korea of

by cited

the as

Korea’

statutes

Commission

Independent

with

Against

or

its

regard

to

Corruption

Anti-Corruption

&

Civil

‘Anti-Corruption

&

Civil

Rights Commission’ or its Chairperson. (2)

If

the on

other

Acts

and

Establishment

and

Anti-Corruption

corresponding

subordinate Operation at

provisions

the of

This

Act

shall

amendment

to

enter the

into

the

time

of

91

Act are

cite

the

provisions

Ombudsman

of

enforcement regarded

to

be

of

Korea

of

this

the or

Act the

on Act

Act,

the

cited.

<Act No. 9342, Jan. 7, 2009>

force

Article

of

this

ADDENDUM

statutes

on shall

the

date

take

of

effect

promulgation. 6

months

However,

after

the

date

the of

promulgation.

ADDENDA (PUBLIC SERVICE ETHICS ACT)

<Act No. 9402, Feb. 3, 2009>

Article 1 (enforcement date) This Act shall enter into force on the date of promulgation. <Proviso is omi


tted>

Article 2 is omitted Article 3 (amendment of other Acts) (1) through (3) are

omitted

(4) The Act on Anti-Corruption and the Establishment and Operation of the Anti-Corruption & Civil Rights Commission

shall be partially amended as

follows; "Article 3 (1) 10 of the Public Service Ethics Act" mentioned in the Article 2, 1 (d) shall be amended to "Article 3 (1) 12 of the Public Service Ethics Act."

ADDENDA

<Act No. 9968, Jan. 25, 2010>

Article 1 (enforcement date) This Act shall enter into force 6 months after the date of promulgation. <Pr oviso

is omitted>

Article 2 through 7 are omitted Article 8 (amendment of other Acts) (1) through (9) are (10) the

The

Act

on

omitted

Anti-Corruption

Anti-Corruption

&

Civil

and

Rights

the

Establishment

Commission

shall

be

and

Operation

partially

of

amended

as follows; "Administrative Appeals Commission under the Prime Minister`s Office" and "Prime Minister Administrative Appeals Commission" mentioned in the Article 12 (19) and 13

(1)

shall

be

amended

respectively.

Article 9 is omitted

to

"Central

Administrative

Appeals

Commission.",


ADDENDA

<Act No. 11327, Feb. 17, 2012>

Article 1 (enforcement date) This Act shall enter

into

force

on

the

date

of promulgation.

Article 2 (Applicability) The

amendment

commissioner amendment, commissions

to

who and a

Article is

on

13

(3)

appointed the

shall

or

applied

commissioned

occurrence

non-standing

be

of

vacancy,

commissioner

on

to

the

after the

the

first

non-standing

enforcement

President

of

this

appoints

recommendation

of

or the

National Assembly and the Chief Justice of the Supreme Court one by one, until the

three

non-standing

recommendation

Supreme

Court,

of

commissioners

the

National

respectively.

are

appointed

Assembly

and

the

or

commissioned

Chief

Justice

of

on the


Act on Anti-Corruption and the Establishment and Operation of the Anti-Corruption & Civil Rights Com