Laws of the Republic of Korea
Presidential Decree No.20737, Feb. 29, 2008
CHAPTER GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Decree is to decide matters delegated thereto by Act on Anti-Corruption and the Establishment and Operation of the Anti-Corruption & Civil Rights Commission (hereinafter referred to as the "Act") and matters necessary for the enforcement of the Act. Article 2 (Definitions)
The term "complaint" under Article 2. 5 of the Act on Anti-Corruption and the Establishment and Operation of the Anti-Corruption & Civil Rights Commission (hereinafter referred to as "the Act") means a complaint on any matter as defined in any of the following subparagraphs:
1. Requesting resolution of any matter concerning any illegal, unjustifiable action (including an actual act) or ommission by an administrative agency which violates a citizen's rights or interests or causes inconvenience or burden to a citizen;
2. Requesting resolution of any matter concerning any passive administrative action or nonperformance by an administrative agency, including non-transparent standards or procedures in handling complaints, or delayed handling by a public official in charge that cause inconvenience or burden to a citizen;
3. Requesting correction of any matter regarding any unreasonable administrative system, Acts or subordinate statutes, or policies that violate a citizen's rights or interests or cause inconvenience or burden to a citizen;
4. Requesting correction of any other violations of a citizen's rights or interests or an unjustifiable treatment of a citizen associated with administration.
Article 3 (Support for Ethical Management of Private Enterprises) The Anti-Corruption & Civil Rights Commission (hereinafter referred to as "the Commission") may provide support for private enterprises and cooperate with them regarding ethical management to help them effectively achieve their responsibilities to establish sound business ethics as stipulated in Article 5 of the Act.
Article 4 (Code of Conduct for Public Organization Employees) The Commission may request the National Assembly, the Supreme Court, the Constitutional Court, the National Election Commission or the public organization as defined by Article 2 subparagraph 1 item (d) of the Act to inform the Commission that they establish or revise the code of conduct in accordance with Article 8 of the Act. Article 5 (Holding Consultative Meetings)
The Chairperson of the Commission (hereinafter referred to as "the Chairperson") may hold consultative meetings with relevant institutions responsible for protecting citizens' rights and interests or the relevant administrative agencies, if deemed necessary, to swiftly resolve complaints and improve the administrative system in accordance with Article 10 and Article 80 of the Act and to operate citizen participation portals in accordance with Article 12 (1). CHAPTER THE ANTI-CORRUPTION & CIVIL RIGHT COMMISSION Article 6 (Formulation of Civil Rights Protection & Anti-corruption Policy) (1) The Commission shall develop mid- and long-term basic policies and yearly implementation plans to protect people's rights, remediate people's rights and interests, and combat corruption of public organizations.
(2) The Commission may recommend that a public organization develop and implement a detailed set of policies in accordance with the mid- and long-term basic policies and yearly implementation plans as set out by Paragraph (1) herein.
Article 7 (Review & Evaluation of Current State)
The Commission may, as specified in Article 12 (4) through (6) of the Act, conduct an investigation of the current situation and evaluate a public organization for the implementation of policies by commissioning outside experts or research groups to conduct an analysis of data or to handle other necessary affairs or by forming and operating an evaluation working group which includes members of the Commission and the public organization.
Article 8 (Remedy of Rights & Interests and Anti-Corruption Education) The Commission may consult with the Minister of Education, Science and Technology with a view to reflecting issues regarding remedy of rights & interests and anti-corruption in the curriculum as established in Article 23 of the Elementary and Secondary Education Act, and recommend that lifelong education organizations as defined by the Lifelong Education Act include remedy of rights & interests and anti-corruption issues in their education programs. Article 9 (Development and Implementation of Code of Conduct) The Commission may draw up and enforce guidelines for the development and implementation of the code of conduct in accordance with Article 12. 14 of the Act, and review and assess the degree to which the public organization is working to ensure the implementation and enforcement of the code of conduct.
Article 10 (Report on Violation of Code of Conduct and Handling of Report)
(1) If the Commission receives a report on violation of the code of conduct, it may follow the procedure (e.g. the procedure for hearing opinions) as prescribed by Article 29 of the Act. In that case, if a public organization employee is found to have violated the code of conduct, it may communicate the matter to the head of the public organization to which he or she belongs, or to the head of the supervisory organization concerned.
(2) If penalty codes are not applicable to the public organization employee who is found to have violated the code of conduct under Paragraph (1) herein, the Commission may communicate the matter to the person who has the authority to appoint and dismiss the public organization employee or to the head of the supervisory organization concerned.
(3) The organization head or the person in authority who was informed according to Paragraph (1) and/or (2) herein shall notify the Commission of the results of actions taken.
Article 11 (The Establishment and Operation of the Government Call Center)
(1) The government call center shall be established and operated at the Commission to provide guidance and counseling related to the filing of complaints as specified in Article 12. 16 of the Act and to analyze and manage the results of handling.
(2) The Commission may request the relevant administrative agency to provide assistance to collect materials necessary for the operation of the government call center. In this case, the administrative agency concerned shall comply with the request unless there are special circumstances.
(3) The Commission may develop standard models on work and technology and support their utilization to render support and assistance to the relevant administrative agencies when the latter provides guidance and counseling on the filing of complaints by phone. (4) The relevant administrative agencies shall designate a department which deals exclusively with complaints under their jurisdiction that are passed to them for action via the government call center. (5) The Commission may outsource to the private sector part of the government call center's work, including receiving of complaints and providing guidance, to efficiently carry out the duties of the government call center in accordance with Article 6.3 of the Government Organization Act.
Article 12 (Integrated Operation of Online Citizen Participation Portals) (1) The Commission shall oversee the operation of online citizen participation portals (hereinafter referred to as "participation portals") in accordance with Article 12. 16 of the Act.
(2) The Commission shall perform the following duties to ensure integrated operation of participation portals:
1. Operation and management of participation portals' homepages and systems;
2. Classification and reclassification of complaints, public suggestions, and policy participation received by participation portals;
3. Analysis and assessment of complaints, public suggestions and policy participation received by participation portals and follow-up management of handling results;
4. Educational and promotional activities related to the operation of participation portals;
5. Drawing up of standards for the integrated operation of participation portals;
6. Other matters necessary for the integrated operation of participation portals.
(3) The Chairperson shall decide on matters related to the filing, receiving, classifying, and handling of complaints and public suggestions received by participation portals and matters related to the operation of policy participation, after consulting with the relevant administrative agencies.
(4) The relevant administrative agencies shall designate departments which exclusively manage complaints, public suggestions, and policy participation received by participation portals.
(5) The Commission may request the relevant administrative agencies to provide assistance with the collection and sharing of materials necessary for the integrated operation of participation portals, common use of administrative information, and linkages of information and technology networks. In this case, administrative agencies shall comply with the request, unless there are special circumstances.
Article 13 (Responsibilities of Chairperson)
(1) The Chairperson shall hold responsible for the affairs of the Commission. (2) The Chairperson shall convene and preside over meetings of the Board of the Commission.
Article 14 (Prohibition against Holding More Than One Office) "An individual, a corporation or an organization having a special interest provided for by Presidential Decree" as defined in Article 17. 2 of the Act refers to any of the following individuals, corporations or organizations, with the exception of education and research institutions and academic organizations:
1. An individual, a corporation or an organization that exercises administrative authority or to which such authority is delegated or entrusted in accordance with Acts and statutes;
2. An individual, a corporation or an organization which receives financial support from the state or local government;
3. A corporation or an organization that requires agreement or approval of the state or local government on appointment or dismissal of its executive members or employees in accordance with Acts and statutes or articles of association. Article 15 (Challenge to and Abstention of Member) (1) Any party that wishes to make a request to challenge a member in accordance with Article 18 (2) of the Act may do so by clearly stating the reason to the Chairperson. In this case, the Chairperson shall decide on whether to challenge.
(2) The reason for the challenge shall be explained in writing within three days from the day of making a request to challenge. (3) The member who receives the request for challenge shall submit his/her opinion on the challenge request to the Chairperson without delay.
(4) If a member voluntarily abstains from deliberation or decision as defined by Article 18 (3) of the Act, he/she shall obtain the permission of the Chairperson.
Article 16 (Resolutions of the Commission)
(1) The Commission shall deliberate and pass resolutions on matters pertaining to the following subparagraphs at board meetings:
1. Matters concerning major decision-making and operation of the Commission;
2. Matters that fall into subparagraphs of Article 18 among recommendations for rectification under Article 46 of the Act;
3. Matters with respect to which institutional improvements are recommended under Article 47 of the Act;
4. Matters concerning decisions on requests for audit and inspection under Article 51 of the Act;
5. Matters with respect to which the previous decision-making practices of the Commission need to be changed;
6. Matters that the Commission has to deal with directly by resolution of a small committee;
7. Matters that the Chairperson decides with respect to prevention of corruption or reports of corruptive acts;
8. Other matters which the Chairperson deems necessary to be dealt with by the Commission.
(2) Board meetings shall be held on a regular basis, yet the Chairperson may call for a meeting at any time when it is deemed necessary.
Article 17 (Small Committees)
(1) The Commission may establish small committees by area to deliberate and decide on complaints in the areas listed in the following subparagraphs in accordance with Article 20 (1) of the Act, excluding those matters that fall under any of the subparagraphs of Article 20 (1) of the Act:
1. Complaints regarding general administrative and social areas, including administration, education, culture, welfare, labor and finance;
2. Complaints regarding economy-related areas, including taxation, agriculture and forestry, fisheries, the environment and transportation;
3. Complaints regarding construction-related areas, including housing, construction, urban planning, and roads;
4. Complaints regarding the areas of national defense, military service matters, and veterans' affairs (including complaints raised by soldiers in active service or those who perform mandatory service related to the military);
5. Complaints regarding police-related areas, such as action and investigation by police agencies (including coastguard organizations);
(2) The Chairperson may designate the chair and members of small committees and, if deemed necessary, may change their members. (3) In cases where a member of any small committee has a ground that falls into exclusion, challenge, or abstention by the member under Article 18 of the Act on a specific matter, the Chairperson may instruct another small committee to deliberate and decide on the matter, or may designate a member of another small committee to become a member of the small committee confined to the specific matter. Article 18 (Complaints Involving Multiple Number of Persons) "Matters provided for by Presidential Decree, including those of interest to many persons" as defined in Article 20 (1) 1 refers to the following subparagraphs:
1. Among matters involving many persons, matters in which the interests of the persons are in sharp conflict or matters that are closely related to the public interest or national policy;
2. Matters involving a multiple number of administrative agencies or interested parties that require in-depth deliberations due to the complexity of interest or handling procedures;
3. Matters with far-reaching social impact, or with serious psychological and physical damage to the complainant. Article 19 (Composition & Operation of Subcommittees) (1) Under the Article 21 of the Act, a subcommittee shall be composed of three members including its chair.
(2) The Chairperson may designate the chair and members of a subcommittee and change members of it when deemed necessary. (3) A subcommittee shall explore, adjust, examine and study the issues that will be tabled at the Board meeting, and handle affairs delegated by the Commission.
Article 20 (Disclosure of Meetings)
(1) Investigations and mediation of complaints by the board meeting and small committees shall, in principle, be disclosed. Yet, matters that fall under any of the following subparagraphs may not be disclosed by a resolution of either of the committees:
1. In cases where there is a request by the complaint not to disclose the case;
2. When protection of the privacy of the complainant is deemed necessary;
3. Matters that are closely related to national policy, including complaints involving a multiple number of interested parties and are deemed to undermine impartial investigation and meditation by the Commission or small committees;
4. Matters that are closely related to national defense and security or investigation and are deemed to undermine impartial investigation and conciliation by the board meeting or small committees; and
5. Other matters that are deemed to undermine impartial investigation and conciliation by the board meeting or small committees, if disclosed.
(2) Deliberation and decision-making process of complaints by the board meeting and small committees shall not be disclosed. Yet, in cases where it is deemed not to undermine impartial deliberation and decision-making to disclose such processes, it may be disclosed by a resolution of the board meeting or a small committee. (3) Meetings of the Commission, except for matters specified in Paragraphs 1 and 2, shall be disclosed. Yet, if it is deemed necessary not to disclose the meetings to protect the complainant, the meetings shall not be disclosed by a resolution of the board meeting. Article 21 (Recruitment of Employees of Secretariat) The Commission shall appoint persons with required expertise, integrity and morality for handling of complaints, anti-corruption, and administrative appeals duties as its expert members and employees, and may establish and apply detailed criteria to that end. Article 22 (Code of Ethics for the Commission)
(1) The Commission shall establish and enforce a code of ethics so that its employees and expert members can maintain high level of integrity. (2) The Commission shall take necessary measures to ensure that its employees and expert members dedicate themselves to their handling of complaints, anti-corruption, and administrative appeals duties ethically and impartially.
Article 23 (Advisory Body)
(1) Members of the advisory organ under Article 24 of the Act shall be commissioned by the Chairperson from among those who have expert knowledge and experience in such areas as welfare, industry, construction, urban issues, roads, military, police, labor, the environment, and civil/criminal cases.
(2) The term in office of the advisory member under Paragraph 1 shall be two years, which may be renewed.
(3) The Commission may request advisory opinions on any of the following subparagraphs in accordance with Article 24 of the Act:
1. Matters concerning policy and operation of the Commission;
2. Matters necessary for handling of complaints and institutional improvements;
3. Matters necessary for prevention of corruption and protection of informants;
4. Other matters deemed necessary by the Chairperson or chairs of small committee or subcommittee;
Article 24 (Commissioning of Specialized Counselors) (1) The Chairperson may commission experts in pertinent areas, including lawyers and tax accountants as specialized counselors to provide advice to citizens on complaint submission. (2) The term in office of specialized counselors shall be two years, which may be renewed.
Article 25 (Provision of Allowances)
Allowances, traveling expenses or other necessary expenses may be paid to members who are not public officials or those who fall under any of the following subparagraphs with budgetary limits. Yet, if a public official is present at the Commission's meeting in his/her official capacity, this shall not apply:
1. Experts commissioned in accordance with Article 22 (2) of the Act;
2. Advisory members of the advisory organ under Article 24 of the Act;
3. Employees seconded in accordance with Article 25 of the Act;
4. An interested person, reference person, appraiser or public organization employee concerned under Article 29 (1) 2, Article 42 (1) 2 and 42 (1) 4 of the Act;
5. Specialized counselors under Article 24;
6. Advisory members of advisory organ under Article 31;
7. Members of the Reward Board under Article 74; and
8. Those to whom Subparagraphs 1 through 7 apply (except for public officials) and who are present at the meeting of the Commission. Article 26 (Secondment of Public Officials)
(1) The head of an organization that is requested to second its public official or employee (hereinafter referred to as "seconded employee") to the Commission in accordance with Article 25 (1) of the Act shall select and second a person who meets the standards under Article 21 among from those who fall under any of the following subparagraphs:
1. For a public official who is Grade VI (6) or lower (including corresponding special public officials), those who have worked as a public official for five years or more;
2. For an employee of a related corporation or organization, those who are in a position of department head or higher; and
3. Persons who have considerable career experience and expertise in their duties;
4. Persons approved by the Commission, including those who are responsible, competent, friendly, and faithful in performing their duties.
(2) The heads of organizations which have seconded public officials or employees belonging thereto to the Commission under Article 25 (1) of the Act shall seek favorable measures for those who return after secondment in terms of assignment to positions, etc. If the seconded employee has worked for the Commission for more than one year, the heads may offer them favorable treatment in evaluation, including giving career advantage points.
Article 27 (Position assignment of Seconded Employees) The Chairperson shall assign appropriate duties and positions to seconded employees in consideration of their positions and careers. Article 28 (Status of Operation)
The Commission's status of operation under Article 26 of the Act shall include matters falling under any of the following subparagraphs:
1. Status of complaints received and the outcomes of their processing;
2. Matters the Commission recommended or expressed opinions about with regard to complaints;
3. Matters that are deemed important by the Commission among those that are not accepted by administrative agencies concerned with respect to the Commission's recommendations or opinions on complaints;
4. Other matters the Commission deems necessary for institutional improvements with respect to complaints.
Article 29 (Institutional Improvement Recommendation Process for Corruption Prevention)
(1) If and when the Commission makes recommendations for institutional improvement to the head of a public organization in accordance with Article 27 (1) of the Act, it shall send him or her a report which provides its opinions thereon and inform him or her of the deadline for actions to be taken.
(2) The organization head who is notified of the recommendation under Paragraph (1), shall notify the results in accordance with Article 27 (2) in writing to the Commission within 1 month from the deadline under Paragraph (1).
(3) If the head of a public organization requests the Commission to deliberate again on the recommendations for institutional improvement in accordance with Article 27 (3) of the Act, he or she shall do so in a written statement with reasons within one month of the notification under Paragraph (1).
(4) If and when the Commission re-deliberates on the recommendations for institutional improvement in accordance with Article 27 (3) of the Act, it shall report the results in a written statement to the organization head who made a request for re-deliberation.
(5) The organization head who is notified of the re-deliberation results under Paragraph (4) shall notify the outcome of steps he or she has taken in accordance with Paragraph (2) when the results includes recommending institutional improvement.
Article 30 (Review of Corruption-Causing Factors) (1) In accordance with Article 28 of the Act, if and when the Commission analyzes and reviews the act, presidential decree, prime ministerial decree or ordinance of ministry, and the directive, regulation, announcement, notice, ordinance or rule delegated by them (hereinafter referred to as "the acts and subordinate statutes") for the purpose of seeking out and removing potential factors which will likely correlate with corruption in the future (hereinafter referred to as "Corruption Impact Assessment"), it shall consider any of the following:
1. Likelihood of Corruption (a) Whether there is room for the misuse of discretionary power that contributes to corruption
(b) Whether the criteria for application of the acts and subordinate statutes and the procedure for the use of public office are clarified and unbiased
(c) Whether a proper anti-corruption mechanism is in place to control the misuse of discretionary power
2. Ease of Observance of the Acts and Subordinate Statutes (a) Whether there are provisions with which ordinary citizens, enterprises, associations, etc. are hard to comply (b) Whether the kind and severity of sanctions for violation of the acts and subordinate statutes are appropriate
(c) Whether there is a probability that preferential treatment will be given, and whether preferential treatment, if any, is given in a proper and fair manner
3. Transparency of Administrative Procedure (a) Whether opportunities, where necessary, are given for involvement in the administrative procedure and related information is disclosed sufficiently
(b) Whether it is possible to predict what must be prepared for public administrative service; what procedure must be followed; how long it will take to complete the procedure; what outcomes will be; etc.
4. Other Matters on the Possibility of Corruption Occurring (2) The Commission may draw up guidelines on the subjects of and criteria, methods and plans for the Corruption Impact Assessment to ensure its effectiveness, and it may communicate the guidelines to the head of a public organization as prescribed by Article 2.1.(a) and 2.1.(b) of the Act.
(3) If the Commission carries out the Corruption Impact Assessment on the acts and subordinate statutes in accordance with Paragraph (1) herein, it may ask the head of a public organization to submit materials necessary for the assessment pursuant to Article 29 (1) of the Act. In that case, the organization head shall cooperate as prescribed by Article 29 (4) of the Act.
(4) In case the Commission recommends pursuant to Article 28 (1) of the Act that the head of a public organization take action to remove factors which will likely contribute to corruption, it shall give him or her written notification with the deadline for actions to be taken. (5) If the head of a public organization is advised pursuant to Paragraph (4) herein to follow the recommendations for institutional improvement and yet finds it difficult to take necessary actions as recommended, he or she shall give the Commission written notification of the reasons within the deadline for actions to be taken. (6) If the Commission finds it necessary to conduct the Corruption Impact Assessment of the acts, which a central government agency or local government wants to enact or revise, it may request materials for the assessment from the agency or local government. In that case, the head of the agency or local government shall cooperate in good faith and the Commission shall give the head of the agency or local government written notification of the assessment findings without delay.
(7) If a local government enacts or revises an ordinance or a rule, the head of the local government may, where necessary, request the Commission to conduct the Corruption Impact Assessment in accordance with Paragraph (1) herein.
(8) If the Commission is asked to conduct the Corruption Impact Assessment in accordance with Paragraph (7) herein, it shall immediately send a written report on the results to the head of the local government.
(9) When deemed necessary, the head of an public service organization under Article 2. 1. (d) of the Act may request the Commission to carry Corruption Impact Assessment on their organization's internal rules and bylaws (including rules and bylaws they want to enact or revise). The Commission shall give the head of the organization a written notification of the assessment findings as soon as it conducts Corruption Impact Assessment.
Article 31 (Advisory Group on the Corruption Impact Assessment) (1) The Commission may form and run an advisory group on the Corruption Impact Assessment to ensure the professionalism and objectiveness of the assessment and to seek its advice on the assessment.
(2) Matters on the organization and operation of the advisory group shall be determined by the Chairperson following the resolution of the Board.
Article 32 (Notification of the Results of Corruption Impact Assessment to an organization)
(1) In cases where the results of Corruption Impact Assessment are related to the Regulatory Impact Analysis undertaken under Article 7 of the Framework Act on Administrative Regulations, the Commission may communicate the matter to the Regulatory Reform Committee so that it can use the results as a means of assessing and reviewing regulations. (2) In cases where the results of Corruption Impact Assessment serve as a reference to deliberation of proposed acts and subordinate statutes and to amendment and improvement of acts and subordinate statutes pursuant to Article 21 and 24 of Rules on Legal Work Operation, the Commission may communicate the matter to the Ministry of Government Legislation so that it can use the results in its legal works. Article 33 (Request for Public Organization's Explanation) (1) When requesting a public organization to explain any reason or submit materials and/or documents pursuant to Article 29 (1) 1 of the Act, the Commission shall deliver a written notice to the public organization concerned.
(2) When conducting a diagnostic survey of a public organization pursuant to Article 29 (1) 1 of the Act, the Commission shall give advance notification to the public organization as to why, when, where and by whom the survey will be conducted; provided, however, that if there is an urgent reason or a concern that the purpose of the survey might be undermined, the foregoing shall not apply. (3) The employee of the Commission responsible for the survey pursuant to Paragraph (2) shall present the certificate of authority to the person concerned.
Article 34 (Request for Attendance of Interested Parties) (1) If the Commission is to demand that an interested party, a reference person or a public official concerned make appearance and statement before the Commission in accordance with Article 29 (1) 2, it shall give them written notification till and including seven days before their appearance.
(2) An interested party, a reference person or a public official concerned, who received written notification in accordance with Paragraph (1) herein, may express their opinions either by appearing before the Commission or in writing until the day before they are supposed to appear.
CHAPTER HANDLING OF COMPLAINTS
Article 35 (Filing of a Complaint)
(1) When any person files a complaint orally with the Commission or Local Ombudsman (hereinafter in this chapter referred to as "the Ombudsman") in accordance with the provisory clause of Article 39 (2) of the Act, the public official receiving the complaint shall fill in the form and request the complainant to confirm the content and sign or place a seal on it.
(2) "Other matters provided for by Presidential Decree" in Article 39 (2) 3 of the Act refers to any of the matters specified in the following subparagraphs:
1. Name of the administrative agency concerned;
2. Whether the complainant has applied for filing of litigation or objection and/or remedy procedure under any other Act;
3. In cases where the complaint is filed with another Ombudsman, the name of the Ombudsman and complaint description
4. In the case of an agent filing a complaint on a person's behalf, the personal information of the agent and his/her relationship with the complainant;
5. Personal details of the representative (limited to cases where the representative is selected);
6. In cases where the person who is in military service (including those serving in the military service as members of prison guard squads at correctional facilities, combat police, or government-issued firefighters in accordance with the Military Service Act), his unit, rank and service number.
Article 36 (Selected Representatives of a Complaint) (1) In cases where a multiple number of complainants jointly file a complaint, three or less representatives may be selected from among the complainants.
(2) If complainants do not select representative(s) in accordance with Paragraph 1, the Ombudsman may recommend complainants to select a representative(s), when deemed necessary.
(3) The selected representative(s) may conduct all acts concerning the matter for different complainants. Yet, in order to withdraw from the complaint, he/she shall obtain the consent of the other complainants, and in such cases the fact that consent has been obtained shall be certified in writing.
(4) When the representative(s) is selected, the other complainants may take action concerning the matter only via the representative(s). (5) Complainants who have selected the representative(s) may dismiss or change the representative(s), if deemed necessary. In such cases, the complainants shall notify the Ombudsman thereof without delay. Article 37 (Permission of the Agent)
(1) If the complainant wishes to appoint an agent under Article 39.(3).5 of the Act, the complainant shall request permission from the Ombudsman in writing including the details shown in the following subparagraphs:
1. Personal information of the agent;
2. The reason for appointing the agent;
3. The relationship between the complainant and the agent. (2) If the Ombudsman receives a request under Paragraph 1, the Ombudsman shall, without delay, deliberate it and decide on whether to grant permission and notify the complainant of the result. Article 38 (Correction of the Administrative Agency Concerned) If the complainant mistakenly designates the administrative agency concerned or it is necessary to add administrative agencies concerned, upon request by the complainant or ex officio, the Ombudsman may correct the administrative agency concerned or additionally designate it. Article 39 (Supplementation of the Complaint Filing Form) (1) If there are matters to be supplemented in the complaint-filing form, the Ombudsman should set an adequate period of time and request the complainant to supplement the document.
(2) If the complainant fails to supplement the document despite the request under Paragraph 1, the Ombudsman should set an adequate period of time and request supplementation of the document again. (3) If the complainant who was requested to provide the document supplementation under Paragraph 2 fails to supplement the document within the requested period and it is impossible to handle the complaint without the supplementation, the Ombudsman may conclude the case according to its decision.
Article 40 (Withdrawal of the Complaint)
The complainant may withdraw his/her filing of a complaint in writing at any time before the Ombudsman makes a decision. Article 41 (Notification of Administrative Appeals, etc.) (1) If it is found that a petition received in accordance with objection or remedy procedures under other Acts, including administrative appeals, is the same complaint on which the investigation has been initiated by the Ombudsman under Article 41 of the Act, the heads of administrative agencies concerned shall immediately notify the Ombudsman of this fact.
(2) If a complaint received is one that was already handled by another Ombudsman, the Ombudsman shall, without delay, notify the other Ombudsman that handled the case, of the fact that the complaint was already received.
(3) The Ombudsman that is notified of the receipt of the complaint under paragraph 2 may submit the handling result of the complaint and its opinion on the handling to the Ombudsman that has received the complaint.
Article 42 (Handling Period of the Complaint)
(1) The Ombudsman shall handle the complaint received within 60 days from the date of receipt. Yet, if it is impossible to handle the complaint within the period due to unavoidable reasons including the necessity for mediation, the Ombudsman may extend the handling period by within no more than 60 days.
(2) If the handling period is extended in accordance with the proviso clause of Paragraph 1, the Ombudsman shall, without delay, notify the relevant complainant of the reason for extension of the handling period and the expected processing completion date. (3) As for the period which is not included in the period of complaint-handling under Paragraph 1, then Article 11 of the Enforcement Decree of the Administrative Procedures Act shall apply. Article 43 (Handling of Repetitive Complaints)
(1) In the case of a complaint with identical issues repetitively filed three times or more by the complainant without any justifiable cause, the Ombudsman may conclude the case which is filed after the handling result is notified twice or more.
(2) The Ombudsman may conclude a complaint filed by a person whose name or address is not clear.
Article 44 (Methods of Investigation)
(1) If the Ombudsman requests the administrative agency concerned to give an explanation or submit relevant materials and documents under Article 42 (1) 1 of the Act, the Ombudsman shall do so in writing that states the purpose, submission date, and requirements, etc. Yet, if the matter is urgent or an explanation on simple matters is requested, it may do so orally or by phone, telegram, facsimile message or the Internet.
(2) If the administrative agency concerned which is requested to give an explanation or submit materials under Paragraph 1 delays or disobeys giving an explanation or submitting materials, the Ombudsman may issue a letter of reminder for prompt handling of the complaint. (3) Request for appraisal under Article 42 (1) 4 of the Act shall be made in writing that states the appraiser or appraising institution, appraisal period, the purpose and content of appraisal. Article 45 (Request for Attendance and Submission of Opinions) (1) If the Ombudsman requests a person to attend and state his/her opinions under Article 42 (1) 2 of the Act, the name of the relevant person, the purpose of the request, attendance date and place shall be notified in advance.
(2) The head of an organization to which the person belongs, who is requested to attend and state opinions under Paragraph 1 shall approve an official trip or official leave of the relevant person. Article 46 (On-site Inspection of Ombudsman Employees) (1) If the Ombudsman instructs its employee to conduct on-site inspection under Article 42 (1) 3 of the Act or to listen to a statement by the complainant, the Ombudsman shall notify, in advance, the administrative agency concerned or the relevant complainant of the purpose, details, date and place of the investigation or visit. Yet, concerning matters on state confidential information that has a serious impact on safeguarding national security or investigation into serious crimes, including crimes related to drugs, the Ombudsman may consult, in advance, with the administrative agency concerned on the date and place of the on-site inspection.
(2) When the employee of the Ombudsman conducts an on-site inspection under Paragraph 1, if deemed relevant, investigation by methods listed in any of the following subparagraphs may be conducted. In this case, he/she may be accompanied by a relevant expert:
1. Listening to a statement by the employee of the administrative agency concerned or by the complainant;
2. Requesting the submission of documents, books, or other materials possessed by the administrative agency concerned or the relevant complainant; and
3. Confirming relevant facts, persons, places or other situations. Article 47 (Recommendation for Compromise and Mediation Procedures) (1) If a compromise is reached between the parties involved upon the proposal of a compromise under Article 44 of the Act or voluntarily, a written agreement shall be produced. After the parties involved sign and seal the agreement, the Ombudsman shall check and confirm the agreement.
(2) The Commission may hold a mediation meeting to initiate the mediation procedure under Article 45 of the Act.
(3) The mediation meeting shall be presided over by the Chairperson or member of the Ombudsman.
(4) In order to ensure smooth proceeding of the mediation meeting, the Ombudsman may request the complainant who files the complaint and the responsible employee of the administrative agency concerned to attend the meeting. If there is a request by the complainant or if deemed necessary for efficient conciliation, the Ombudsman may request persons of interest or a reference person to attend the mediation meeting and submit their opinions.
Article 48 (Methods of Recommendation and Submission of Opinions) (1) Recommendations for corrective measures or expression of opinions under Article 46 of the Act shall be made in writing, stating the details listed in the following subparagraphs:
1. Description of the complaint;
2. Description of the recommendation of corrective measures or expression of opinions;
3. Matters deemed necessary by the Ombudsman, including reply deadline of the administrative agency concerned.
(2) Recommendations for corrective measures or expression of opinions under Article 47 of the Act shall be made in writing, stating the details listed in the following subparagraphs:
1. Current state and problems of related Acts and statutes, systems and policies
2. Content of the recommendation of corrective measures or expression of opinions;
3. Matters deemed necessary by the Ombudsman, including reply deadline of the administrative agency concerned.
Article 49 (Provision of Opportunity to Submit Opinions) If an opportunity to submit opinions is provided under Article 48 (1) of the Act, the date and place of the meeting shall be notified, in advance, to the administrative agency concerned, the complainant or persons of interest.
Article 50 (Notification of handling progress)
(1) If a complaint is filed with the Ombudsman by the complainant, the Ombudsman shall designate an employee to be placed in charge of the handling and notify the complainant of the receipt of the complaint and department, name, and contact information of the employee in charge.
(2) If 30 days have lapsed after the receipt of the complaint or there is a request by the complainant, the Ombudsman shall notify the relevant complainant of handling progress and scheduled date for completion of the processing thereof.
(3) Notification under Paragraphs 1 and 2 may be conducted by phone, telegraph, facsimile message, or the Internet. If there is a request by the complainant, the relevant document shall be issued without delay. Article 51 (Notification of Results of Handling)
(1) If there is a special circumstance that makes it difficult to comply with the recommendation or opinion of the Ombudsman, the head of the administrative agency concerned shall notify the Ombudsman of the reasons. In this case, the Ombudsman may redeliberate the pertinent matter.
(2) If the administrative agency concerned resolved or is able to resolve the complaint differently from the recommendation or opinion presented by the Ombudsman, the head of the administrative agency concerned shall notify the Ombudsman accordingly.
Article 52 (Request to Submit Documentation to Confirm and Review Implementation of Recommendations)
(1) If it is deemed necessary to confirm and review implementation of recommendations under Article 52 of the Act, the Ombudsman may request the administrative agency subject to such review to comply with the requirements stated in any of the following subparagraphs:
1. To submit relevant documents;
2. To submit a written statement or written confirmation;
3. For the relevant public official or employee concerned to present himself/herself and submit opinions;
4. Other measures deemed necessary by the Ombudsman to efficiently perform confirmation and review.
(2) The administrative agency concerned that receives requests under Paragraph 2 shall comply with them, unless there is a justifiable cause. Article 53 (Support for Activities of the Local Ombudsman) The Commission shall support activities of the Local Ombudsman in accordance with any of the following subparagraphs under Article 54 (2) of the Act:
1. Activities aimed to promote the establishment of the Local Ombudsman;
2. Activities for linkages and exchanges among the Local Ombudsmen, including the formation of the national council of the Ombudsman;
3. Operation of programs and educational support to improve complaint handling and counseling capacity of the Local Ombudsman.
CHAPTER REPORTING OF ACTS OF CORRUPTION AND
PROTECTION OF INFORMANTS
Article 54 (Selection of Representative among Informants) In case two or more informants intend to report an act of corruption in their joint names, the Commission may advise them to select the representative among them.
Article 55 (Checks on Corruption Reports)
(1) For the purpose of handling corruption reports pursuant to Article 59 of the Act, the Commission may check the following details:
1. The personal information of the informant including his or her name, national identification number, address, occupation, workplace and contact number;
2. The background to, purport of and reason for making the disclosure;
3. Whether the contents of the report fall under the definition of corrupt acts;
4. The relationship between the informant and the alleged offender;
5. Whether reference persons or evidential materials are secured;
6. Whether the informant filed any report, suit, complaint or petition regarding his or her disclosure with other authorities before reporting corruption to the Commission; and
7. Whether the informant allows the Commission and the investigative agency concerned to disclose or suggest his or her identity (hereinafter referred to as the "Disclosure of Identity") when the Commission handles the disclosure and the investigative agency is involved in inspection, investigation or examination. (2) When the Commission asks the informant whether he or she agrees to the Disclosure of Identity pursuant to Paragraph (1) 7 herein, it shall explain to the informant the procedure for the Disclosure of Identity and how the case in question is to be handled by investigative agencies.
Article 56 (Supplements to Report)
If the informant does not sufficiently provide the Commission with his or her personal information or other materials necessary to check the details on the corruption report as established in Article 59 (1) 1 of the Act, it may require the informant to supplement the original report. Article 57 (Referral of Cases)
(1) When referring a case to investigative agencies pursuant to Article 59 (3) of the Act, the Commission shall do so on the basis of the following criteria:
1. When inspection under the Board of Audit and Inspection Act is deemed necessary, the case shall be referred to the Board of Audit and Inspection;
2. When a suspicion of a crime or necessity of investigation is deemed to exist, the case shall be referred to investigative agencies; or
3. When referral to the Board of Audit and Inspection or investigative agencies is inappropriate, the case shall be referred to the supervisory authority of the public organization concerned or the public organization concerned in the absence of such authority. (2) When a case involves multiple authorities, the Commission may designate the primary authority and refer the case thereto. In this event, the primary authority shall handle the case in cooperation with all authorities involved.
(3) When referring a case pursuant to Paragraph (1), the Commission shall furnish details as referred to in Article 55 (1) and evidence materials submitted by the informant; provided, however, that his or her personal information shall not be furnished unless he or she agrees to the Disclosure of Identity.
(4) When the Commission took such measures as a referral pursuant to Paragraph (1) through (3) herein, it shall give notification to the informant without delay.
Article 58 (Cases Not to Be Referred)
(1) The Commission may close a case of corruption without referral when:
1. The contents of the report is obviously false;
2. The informant does not comply with supplement request as referred to in Article 56 within a certain time frame and thus his/her statement thereof fails to be confirmed;
3. The same report has been repeatedly filed concerning the same matter without justifiable reasons and the informant has already been informed of the result thereof;
4. Two or more reports have been filed concerning the same matter and the inspection, investigation or examination, initiated by the earlier report is being conducted or has been completed by appropriate authorities and there is no further evidence thereof;
5. The case has been already exposed to the public by the media and the lack of further evidence led to a conclusion that no further inspection, examination, or investigation is needed; or
6. Besides, the confirmation of the statement written in the report form and the informant leads to a conclusion that no further inspection, examination, or investigation is needed. (2) When closing a corruption case without referral pursuant to Paragraph (1) herein, the Commission shall inform the informant of such closure without delay.
Article 59 (Referral to Public Organization)
(1) If the Commission finds it difficult to determine whether it shall, pursuant to Article 57 (1) or Article 58 (1) of this Decree, refer or drop allegations of corruption made under Article 55 of the Act, and if the Commission considers it appropriate that the public organization concerned deals directly with the allegations, then it may refer the matter to the public organization. In that case, it shall ask permission from the informant before disclosing or suggesting his or her identity in the course of referral. If the informant does not agree to the Disclosure of Identity, it shall take measures to ensure confidentiality. (2) If the Commission is to refer the allegations of corruption to the public organization concerned in accordance with Paragraph (1) herein, it shall give immediate notification to the person who reported corruption. In that case, if the public organization finishes processing the case referred, it shall inform him or her of the results. However, in case the informant did not agree to the Disclosure of Identity, the public organization shall notify the Commission of the results and in turn the Commission shall report them back to him or her. (3) If and when the public organization concerned substantiates the case of corruption that was sent by the Commission, it shall inform the Commission of the results in accordance with Article 61 (1) hereof. Article 60 (Handling of Case by Investigative Agency and Public Organization)
(1) If an informant does not agree to the Disclosure of Identity, the investigative agency or public organization concerned shall take necessary measures to conceal his or her identity during its inspection, investigation or examination.
(2) The investigative agency shall not refer the case of corruption it received to any other investigative agency; provided, however, that when the investigative agency considers it inappropriate to handle the case by itself, it may handle the case in consultation with the Commission.
Article 61 (Notification of Investigation Results) (1) When notifying the Commission of the results from inspection, investigation or examination pursuant to the first sentence of Article 60 (2) of the Act, the investigative agency concerned shall do so in a written statement containing the following:
1. The resulting penal measure or disciplinary measure;
2. How the case is to be dealt with after the completion of inspection, investigation or examination;
3. Facts related to a case, if any, which falls under or is expected to fall under any one of the subparagraphs of Article 71 (1) hereof, or any one of the subparagraphs of Article 72 (1) hereof;
4. A summary of any institutional improvement which is deemed necessary as the result of the disclosure; and
5. Other matters regarding the disclosure that the Commission or the informant needs to know.
(2) The provisions of Paragraph (1) herein shall apply mutatis mutandis to the notification of results by the Public Prosecutor's Office in accordance with Article 59 (5) of the Act.
Article 62 (Handling of Investigation Results)
(1) Upon the receipt of the results of inspection, investigation or examination from any investigative agency concerned, the Commission shall determine whether to ask for reinvestigation or whether there is a need for recommendations for institutional improvement. (2) If there are any matters that interested persons need to know or that require disciplinary action to be taken against the persons involved and they concern the results of inspection, investigation or examination, the Commission shall give notification to the interested persons or agencies.
Article 63 (Filing Objection)
(1) When the Commission notifies the person who made the disclosure of the summary results of inspection, investigation or examination pursuant to the latter sentence of Article 60 (2) of the Act, it shall also make him or her know the methods and deadline for the filing of an objection.
(2) When filing an objection pursuant to the latter sentence of Article 60 (4) of the Act, the informant shall do so within 7 days from the date of receiving the summary results of inspection, investigation or examination.
Article 64 (Procedure for Filling Adjudication)
(1) Where the Commission finds it necessary to decide pursuant to Article 61 of the Act whether to file adjudication, it may request a public prosecutor or a public official in charge of investigation who refrains from bringing public action against the case to submit his or her opinion regarding such measure.
(2) With a view to filing adjudication, the Commission may ask interested persons, reference persons, etc. to submit evidence or may hear their opinions with regard to the case subject to the filing of adjudication.
Article 65 (Request for Guarantee of Position, etc.) A person, who intends to make a request for the guarantee of his or her public position, for the temporary maintenance of a permit, license or contract, or for the implementation of other necessary measures (hereinafter referred to as "the Guarantee and Other Necessary Measures") pursuant to Article 62 (2) and (3) of the Act, shall do so in a written statement containing personal information and the reasons for and contents of such request.
Article 66 (Examination of Detrimental Practices) (1) If and when the Commission requests a person to appear before the Commission, give an oral statement or submit a written statement or other related materials, or inquires about facts or information pursuant to Article 62 (5) of the Act, it shall give him or her an advance notice of the title of the case as well as the date, time and venue for his or her appearance before the Commission; provided, however, that the title of the case may be excluded when considered necessary for the examination.
(2) When the employee of the Commission hears opinions of reference persons in a place other than the Secretariat, he or she shall present certificate of authority to an associated person. Article 67 (Decision to Take Guarantee and Other Measures) (1) If the Commission receives a request for the implementation of the guarantee and other necessary measures under Article 62 (2) and (3) of the Act, it shall, within the ensuing 60 days, decide whether to demand or recommend the head of an association, organization or enterprise, or its affiliated group, to which the requester belongs (hereinafter referred to as "the requester's organization") to answer the request by taking appropriate steps. In this case, the period may be extended, where necessary, through the resolution of the Board. (2) In deciding "whether to demand or recommend " under Paragraph... (1) herein, the Commission may require that the head of the requester's organization make appearance before the Commission to state his or her opinions; provided, however, that with the approval of the Commission the head of the organization, if he or she deems it necessary, may substitute a written statement for his or her appearance before the Commission.
(3) The Commission, according to its decision made under Paragraph (1) herein, may demand the head of the requester's organization to implement the Guarantee and Other Necessary Measures. (4) If and when there are specific reasons that hinder the implementation of the Guarantee and Other Necessary Measures referred to in Paragraph (3) herein, the Commission may demand or recommend that the head of the requester's organization take appropriate measures equivalent to the Guarantee and Other Necessary Measures such as the transfer of the requester's job. (5) If the Commission demands or recommends the head of the requester's organization to implement the Guarantee and Other Necessary Measures under Paragraph (3) or (4) herein, it shall give notification to the requester without delay.
Article 68 (Notification of the Measures Taken)
(1) The head of an organization, who was requested by the Commission under Article 67 (3) or (4) to take appropriate measures, shall notify the Commission of the results of the measures taken within 30 days of the request.
(2) If the head of an organization, who was requested by the Commission under Article 62 (7) of the Act to take appropriate measures, does not do as requested, he or she shall explain the reason to the Commission.
(3) If the Minister of Public Administration and Safety or the head of the organization concerned is asked by the Commission under Article 62 (8) of the Act to transfer the requester elsewhere or take other personnel management action in favor for the requester, then he or she shall inform the Commission of the results of action taken within the ensuing 60 days. In that case, if the Minister or the organization head cannot take appropriate action as requested, he or she shall inform the Commission of the reasons.
Article 69 (Guarantee of Confidentiality for Informants) (1) Where the identity of an informant is disclosed without his or her consent in the process of handling allegations of corruption, the Commission shall examine how such disclosure occurred. (2) Where examination under Paragraph (1) herein confirms that Article 64 (1) of the Act is deemed to be violated, the Commission may take such measures as necessary to request the person in authority to take disciplinary action against persons involved.
(3) If the personal information of an informant or his or her relatives or cohabitant is disclosed to some or the public, the Commission may examine how such disclosure happened. In that case, if a person is found to have violated Article 64 (5) of the Act, it may take necessary measures, for example, by lodging complaints against the violator or requesting the person in authority to take disciplinary action against the violator.
Article 70 (Physical Protection)
(1) Request for physical protection under the first sentence of Article 64 (2) of the Act shall be made in a written statement containing personal information of an informant and persons subject to such protection as well as the reasons for such request; provided, however, that oral or telephone request is allowed in case of emergency on condition that a written statement shall be submitted without delay. (2) The Commissioner General of the Korean National Police Agency, the chief of a local police agency or the chief of the competent police station requested to provide physical protection under the latter sentence of Article 64 (2) of the Act shall take steps in consultation with the Commission in accordance with Article 7 of the Enforcement Decree of the Protection of Reporters, etc. of Specific Crimes Act. (3) If there is an urgent need for physical protection so it is hard to wait for the Commission to take any decision on physical protection, the Chairperson may ask the Commissioner General of the Korean National Police Agency, the chief of a local police agency or the chief of the competent police station to take relevant protective steps. (4) The Commissioner General of the Korean National Police Agency, the chief of a local police agency or the chief of the competent police station may discontinue the protective steps taken in consultation with the Commission in case the requested period expires or no necessity for such protection can be found.
(5) The Commission shall notify the informant of the measure taken under Paragraph (2) or the discontinuation of such measure under Paragraph (4) without delay.
CHAPTER REWARD AND AWARD FOR DISCLOSURE
OF CORRUPTION ACTS
Article 71 (Grounds for Paying Award)
(1) Award may be payable pursuant to Article 68 (1) of the Act in any one of the following cases:
1. A case in which there was prosecution, stay of prosecution, exemption of prosecution, noticed disposition, imposition of negligence fine or additional collection, disciplinary action or corrective measures against the person who committed corruption;
2. A case that results in institutional improvement, for example, in the form of the enactment or revision of the acts and subordinate statutes;
3. A case in which the disclosure contributes to preventing a public organization from bearing economic costs to be otherwise incurred by improving a related policy, or suspending or ending the implementation of such a policy;
4. A case in which a person comes forward to make a good faith disclosure of his or her receiving pecuniary benefits; and
5. Other cases in which the Reward Deliberation Board of the Commission, pursuant to the Article 69 (1) of the Act, (hereinafter referred to as the "Reward Board") deems it appropriate to pay award.
(2) In case of Paragraph (1), Subparagraph 1 through 3 and 5 herein, the amount of award shall be not more than KRW50 million. (3) In case of Paragraph (1), Subparagraph 4 herein, the amount of award shall be less than a fifth of the pecuniary benefits disclosed but not more than KRW200 million.
(4) The provisions of Article 77 (2), 80 and 83 shall apply mutatis mutandis to the payment of award.
(5) If there are two or more grounds for payment of award as provided for in Paragraph (1), the case which may guarantee the biggest amount of award shall serve as a criterion for the payment of award.
Article 72 (Grounds for Paying Reward)
(1) If a person's disclosure of corruption results in any of the following cases, thereby contributing directly to increasing or recovering revenues of a public organization or to preventing it from bearing economic costs to be otherwise incurred, or legal relations in that matter are established, then financial reward may be offered to him or her pursuant to the provisions of Article 68 (3) of the Act.
1. Imposition of confiscation or additional collection;
2. Imposition of national tax or local tax;
3. Recovery of capital through the compensation for damages or the return of ill-gotten gains;
4. Decrease in economic costs which comes from changes in a contract; and
5. Other measures or court decisions taken, except for the statutory notification or imposition of fines, penalties, surcharges or negligence fines.
(2) The imposition, recovery, etc. falling under any of the subparagraphs of Paragraph (1) herein shall be directly related to the allegations of corruption and evidential materials. (3) The expenses spent to restore the informant's situation to a state prior to his or her suffering discriminatory action as prescribed in the latter sentence of Article 68 (2) of the Act may include expenses for medical treatment, change of residence, loss of job, job transfer, etc. Article 73 (Designation of Representative among Reward Claimers) If two or more informants, who reported an act of corruption in their joint names, intend to file claims for reward, the Commission may request them to select a representative among them. Article 74 (Composition of Reward Deliberation Board) (1) The Reward Board shall be composed of one head (hereinafter referred to as "the head of Reward Board"), one mandatory member and five designated members.
(2) The Chairperson shall appoint a Board Member as the head of the Reward Board through the resolution of the Board. (3) The Chairperson shall nominate the mandatory member among public officials of the Commission with the rank of Director General. (4) The Chairperson shall designate persons with education or experience in corruption prevention and reward who are experts in law, accounting, appraisal or who are recommended by non-profit non-governmental organizations under Article 2 of the Assistance for Non-Profit Non-Governmental Organizations Act or who are experts in other relevant fields to the Reward Board through the resolution of the Board.
(5) The term in office of the designated member shall be two years and may be renewed only once.
Article 75 (Head of the Reward Board)
(1) The head of the Reward Board shall be in charge of the business of the Reward Board and represent it.
(2) When the head of the Reward Board is unable to perform his or her duties for unavoidable reasons, his or her designee among the members of the Reward Board shall act on his or her behalf. Article 76 (Meetings of the Reward Board)
(1) Meetings of the Reward Board shall be convened and presided over by the head of the Reward Board.
(2) Meetings shall begin by the attendance of a majority of registered members and resolve with the concurrent vote of a majority vote of those present.
(3) The Reward Board may request the beneficiaries of award, the reward claimer, interested persons, public officials from the agencies related to the award or reward, or officials from investigative agencies to appear before the Reward Board or to submit necessary materials. (4) The provisions of Article 18 of the Act shall apply mutatis mutandis to exclusion and evasion of and challenge to the members of the Reward Board.
Article 77 (Determination of Reward Amount)
(1) Criteria for reward payment shall be as listed in Appendix 1. (2) When determining the amount of reward under the criteria in Appendix 1, the Reward Board may reduce the amount considering one of the following:
1. How accurate and reliable the report of corruption and related evidential materials are;
2. Whether the informant's disclosure has been already covered by the media;
3. Whether the informant was involved in the corrupt act exposed by the report; and
4. The extent to which the disclosure contributes to settling the corruption case.
(3) The maximum amount of reward shall be KRW2 billion, and odds and ends below KRW1,000 of the final amount shall not be paid. Article 78 (Restrictions of Payment of Reward for Public Officials) If a public official, who remains or was involved in inspection, investigation or examination of allegations of corruption, reports corruption in connection with his or her current or former duties, reward shall not be paid to him or her.
Article 79 (Determination of Reward Payment)
(1) The Commission shall determine, based on the consideration and resolution by the Reward Board, whether to pay award and reward and how much to be paid.
(2) When reaching a determination to pay reward pursuant to Paragraph (1) herein, the Commission shall keep the original of a written determination and deliver the officially certified copy thereof and the notice of reward determination to the claimer without delay. Article 80 (Determination of Reward for Competing Claims) (1) If two or more persons file competing claims for the same corrupt act, which is not subject to Article 58 (1) 4, the case shall be deemed to be a single corruption case for the calculation of the benefits incurred as listed in Appendix 1.
(2) The Commission, when calculating the amount of reward for the corruption case referred to in Paragraph (1), shall ensure that the amount of reward is proportioned to the degree of contributions made by each claimant to settling the case. If the Commission is to reduce the amount of reward pursuant to Article 77 (2) hereof, it shall decide to do so considering their respective reasons.
Article 81 (Time of Payment of Reward)
(1) Reward shall be paid in accordance with the procedures for imposition or withdrawal prescribed in any one of the subparagraphs of Article 72 (1) after the recovery or increase of revenues or the reduction of costs of public organizations materialized or legal relations in the matter are established. In case the period for filing an appeal against such imposition or withdrawal does not expire or remedial procedure therefor is under way, the payment shall await the expiration of the period and the completion of the procedure. (2) In case reward shall be paid according to the establishment of legal relations as prescribed in Paragraph (1) herein, less than half of the amount of reward determined by Article 79 (1) may not be paid until the public organization concerned begins recovering or increasing its revenues.
(3) If and when revenues recovered or increased exceed the reward already paid, then the reward not paid under Paragraph (2) herein shall be paid to the informant until he or she receives the total amount of reward determined in accordance with Article 79 (1). Article 82 (Procedures for Payment of Award and Reward) Necessary matters concerning the procedure for payment of award and reward shall be decided by the Chairperson through the resolution of the Board.
Article 83 (Withdrawal of Reward Money)
The organization which paid reward money pursuant to acts and subordinate statutes other than the Act and this Decree or the Commission may withdraw partial or entire amount of what was paid in any of the following cases where:
1. A claimant received a reward under false pretenses or by using other unjust methods;
2. A reward was paid in violation of Article 71 (2) and/or (3) of the Act; or
3. A reward was paid for any mistake or error. CHAPTER CITIZEN'S REQUEST FOR INSPECTION
Article 84 (Requester of Inspection)
"Certain number of citizens as prescribed in the Presidential Decree" in Article 72 (1) of the Act means three hundred (300). Article 85 (Exceptions to Inspection Request)
"Other matters ... as prescribed by the Presidential Decree" in Article 72 (2) 5 mean one of the following:
1. Matters on an administrative appeal or litigation, a ruling of the Constitutional Court, a constitutional petition, a review by the Board of Audit and Inspection or other objection or remedy procedures that are in process under other Acts;
2. Matters on mediation of interests among parties concerned-- including settlement, mediation, conciliation, and arbitration which-- is being in process under Acts and subordinate statutes; and
3. Matters made definite by a judgment, decision, ruling, settlement, mediation, arbitration, etc.
Article 86 (Methods of Inspection Request)
Persons who intend to request inspections pursuant to Article 72 of the Act shall do so in a written statement containing their personal information such as name, national identification number, address and occupation with their signature or seal (hereinafter called the "Written Request for Inspection") and the requesting persons shall designate five or less representatives among themselves and include their personal information.
Article 87 (Rejection of the Written Request for Inspection) When two or more inspection requests of the same content are filed to the same authority or the request is filed to two or more authorities, the authority concerned may reject the latter request. CHAPTER SUPPLEMENTARY PROVISIONS
Article 88 (Methods of Submitting Proposals for Complaint-related Institutional Improvements)
Submission of opinions on proposals for institutional improvements under Article 77 of the Act and submission of opinions on amendment or repeal of related Acts or municipal ordinances shall be made in writing that states the information listed in the following subparagraphs:
1. Current state and problems of the institutional system, Acts, or municipal ordinances that require improvement;
2. Content of a proposal for reasonable institutional improvements;
3. If there is an opinion on the revision or abolition of related Acts and statutes or ordinances, its content;
4. Opinions of the administrative agency concerned on Subparagraph 2 or 3;
5. Other matters deemed necessary by the Commission or the Local Ombudsman for institutional improvements or revision and/abolition of Acts and statutes or ordinances. Article 89 (Request for Confirmation on the Possible Application of Employment Restriction and Confirmation)
(1) When those subject to employment restrictions under Article 82 (1) of the Act seek an employment with profit-seeking private organization or corporations in less than 5 years after the termination of their previous employment as defined in the same paragraph, they may request the heads of the competent public organizations through their previous employers at the time of such termination (the heads of its successor organizations or agencies if the organizations or agencies were abolished, herein after the same shall apply) to confirm whether the private organizations or corporations in question are subject to the restrictions or not.
(2) The previous employers who received written requests for confirmation as referred to in Paragraph (1) shall examine and confirm the matters as prescribed in Article 82 of the Act and deliver the result attaching their opinions to the heads of the competent public organizations.
(3) The heads of the competent public organizations shall review the written requests for confirmation delivered to themselves pursuant to Paragraph (2) whether new employments with the foregoing profit-seeking private organizations or corporations are subject to the restrictions established in Article 82 of the Act and inform the requesters through their previous employers of the result of the reviews. When informing the requesters of the confirmed restriction, the reasons therefore shall be stated.
Article 90 (Monitoring of Re-employment of Public Officials Dismissed for Corruption)
(1) The heads of public organizations shall monitor for the five years since the termination of employments therewith whether the retirees subject to employment restrictions set forth in Article 82 (1) of the Act get new employments with other public organizations, or profit-seeking private organizations or corporations under the same paragraph by inquiring directly or indirectly related authorities and report the result to the Commission more than once a year.
(2) The heads of public organizations, with a view to monitoring the matters referred to in Paragraph (1) and Article 89 (2) and (3), may request the previous employers of the retirees to submit related materials and the heads of the requested organizations shall do as requested without delay unless there are exceptional provisions governed by other laws and regulations.
Article 91 (Imposition and Collection of Fine for Negligence) (1) If imposing fines for negligence under Article 91 (3) of the Act, the Commission shall set a period of ten days or more to give an opportunity for the person subject to the punishment with the fine to submit his/her opinions orally or in writing (including electronic document). In this case, if there is no opinion submitted by the designated date, it is considered that there is no opinion thereon. (2) When determining the amounts of fine for negligence, the Commission shall take into account the content of the violated act, motivation, and result.
(3) Procedures laid down by Act and subordinate statute related national fund management shall apply to levying procedures for fines for negligence. In this case, the method of raising an objection thereto and the period during which such objection is raised shall be notified together in the fine payment notice.
(4) The criteria for imposing fines for negligence under Article 91, (8) of the Act are specified in Appendix 2.
Article 92 (Operation Regulations)
Matters necessary for the operation of the Commission, other than those specified in this Decree shall be decided by the Chairperson after passing a resolution.
Article 1 (Enforcement Date)
This decree shall enter into force on the date of promulgation. Article 2 (Repeal of Other Acts and Subordinate Statues) The following Acts and subordinate statutes shall be repealed.
1. Enforcement Decree of the Anti-Corruption Act
2. Enforcement Decree of the Act on the Establishment and Operation of the Ombudsman of Korea
Article 3 (Transitional Measures concerning Members of the Reward Board)
The designated members of the Reward Board of the Korea Independent Commission Against Corruption at the time of enforcement of this Decree are regarded to be designated as members of the Reward Board of the Anti-Corruption & Civil Rights Commission. In this case, the term of office is the remaining period. Article 4 (Amendment to Other Acts and Subordinate Statutes) Code of Conduct for Public Officials shall be amended in part as follows:
Anti-Corruption Act as referred to in Article 1 shall be amended to Act on Anti-Corruption and the Establishment and Operation of Anti-Corruption & Civil Rights Commission.
Article 2 (2) of Anti-Corruption Act as referred to in Article 11 (2) of the Act shall be modified to Article 2 (3) of Act on Anti-Corruption and the Establishment and Operation of Anti-Corruption & Civil Rights Commission.
Korea Independent Commission Against Corruption as referred to in Article 19 and 24 (2) through (4) shall be amended to Anti-Corruption & Civil Rights Commission, respectively.
Article 5 (Relationship with Other Acts and Subordinate Statutes) (1) When this Decree enters into force, if the term `Korea Independent Commission Against Corruption' or `Ombudsman of Korea' is cited in other Acts and subordinate statutes, it is regarded that `Anti-Corruption & Civil Rights Commission is cited.
(2) When this Decree enters into force, if the term `Enforcement Decree of the Act on the Establishment and Operation of Ombudsman of Korea' or 'Enforcement Decree of the Anti-Corruption Act' is cited in other Acts and subordinate statutes, this Decree or the corresponding provision of this Decree is regarded to be cited. [Appendix 1]
Criteria for Paying Rewards [Related to Article 77, Paragraph (1)] Benefits Incurred Criteria
KRW100 million or less 20%
Over KRW100 million and not
more than KRW500 million
KRW20 million + 14% for the amount
exceeding KRW100 million
Over KRW500 million and not
more than KRW2 billion
KRW 76 million + 10% for the amount
exceeding KRW500 million
Over KRW2 billion and not
more than KRW4 billion
KRW226 million + 6% for the amount
exceeding KRW2 billion
Over KRW4 billion
KRW346 million + 4% for the amount
exceeding KRW4 billion
Benefits Incurred: The value of the recovered or increased revenues or the reduced costs of a public organization incurred by the imposition, withdrawal, etc. (or such value in time of the establishment of legal relations related to that matter) as referred to in any subparagraph of Article 72 (1).
Criteria for Imposing Negligence Fines [Related to Article 91 (4)]
1. General Criteria (1) In case there occurred two or more violations subject to Article 62 (1) of the Act, the heavier one shall be the basis for determination.
(2) The Commission may reduce within the range of 50% the amount of the fine considering contents, motive and results of violations.
2. Specific Criteria Type of Violations Amount
Dismissal, discharge and other corresponding
Removal from obligation, demotion, promotion
limitation, and other corresponding detrimental
Transfer to a position of the same status, transfer to other positions and other corresponding detrimental personnel practices
Discriminations in terms of working conditions such as income discrimination, non-assignment of jobs