Article 32(Request for Disciplinary Action) #
(1) The Board of Audit and Inspection may request the related Minister or the appointing agency to take disciplinary action against public officials who fall under causes for disciplinary action prescribed in the State Public Officials Act or other statutes or regulations, or who refuse an inspection, or are negligent in submitting materials under this Act without good cause.
(2) The competent Minister or the appointing agency who has received a request for dismissal as part of disciplinary action under paragraph (1) shall demand that a decision be made by the related disciplinary committee, personnel committee, or other organizations (hereinafter referred to as "disciplinary committee") within ten days from the date of receipt of such request, and the Minister of Personnel Management shall notify the Board of Audit and Inspection of the results of a decision made by the Central Disciplinary Committee, and the head of the agency in which the disciplinary committee concerned or other organization is established shall notify the Board of Audit and Inspection of the results of a decision made by another disciplinary committee or other organization, within 15 days from the date of its decision. <Amended on Mar. 23, 2013; Nov. 19, 2014>
(3) If a request for dismissal pursuant to paragraph (1) has been rejected, the Board of Audit and Inspection may, on its own initiative, request deliberation or review thereof by the disciplinary committee which is established at the immediately higher-level agency of an agency in which the relevant disciplinary committee is established (where the immediately higher agency has no disciplinary committee, the relevant disciplinary committee) within one month from the date of receipt of such notification under paragraph (2).
(4) The disciplinary committee which has received the request for deliberation or review under paragraph (3) shall deliberate on or review the request for dismissal within one month from the date of receipt of such request, and the chief of the disciplinary committee concerned shall, without delay, notify the Board of Audit and Inspection of the results thereof.
(5) If an appeals review committee, etc. has examined and decided on the appeal raised in response to the dismissal executed at the request of the Board of Audit and Inspection as provided for in paragraph (1), the chief of the appeals review committee concerned shall notify the Board of Audit and Inspection of the results of the decision within 15 days from the date of its decision.
(6) The Board of Audit and Inspection may, within one month from the date of receipt of the notification under paragraph (5), request the review thereof by the appeals review committee, etc. through the head of the agency concerned in which the appeals review committee, etc. is established.
(7) The execution of decisions on disciplinary action or appeal shall be suspended during the period prescribed in paragraphs (2) through (6).
(8) For a person to whom the provisions of statutes relating to the disciplinary measures are not applied, but who falls under any of the causes for reprimand prescribed by statutes or regulations or by the organization to which he/she belongs, or who refuses an inspection or is negligent in submitting materials as prescribed by this Act without good cause, the Board of Audit and Inspection may request the chief of the competent supervisory agency or the head of the agency concerned to issue reprimand against him/her.
(9) In cases falling under paragraph (8), the Board of Audit and Inspection may request the appointing agency or agency which has proposed such appointment to dismiss an executive officer or employee of an organization if he/she is deemed to have committed serious irregularities to whom the provisions concerning the reprimand provided by the statutes or regulations or the organization to which he/she is assigned are not applicable.
(10) In cases of the request for disciplinary action or reprimand under paragraph (1) or (8), the kind thereof may be designated. The kinds of reprimand shall correspond to those of disciplinary action.
(11) The head of the agency that receives a request for disciplinary action or reprimand, or the dismissal as prescribed by paragraph (1), (8) or (9) shall make the disposition in accordance with the due procedures within the period specified by the Board of Audit and Inspection.
[This Article Wholly Amended on Jan. 30, 2009]