영문법령 불러오는 중…

PUBLIC SERVICE ETHICS ACT — 법갈피

영문법령 / PUBLIC SERVICE ETHICS ACT

PUBLIC SERVICE ETHICS ACT

법률타법개정시행 2026-01-02인사혁신처 · 제21065호 · 공포 2025-10-01

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to contribute to the establishment of the ethics of public officials as servants of citizens by preventing conflict of public and private interests through the prevention from acquiring unlawful property and the securing of the fairness in the execution of their official duties by institutionalizing the registration of property, the disclosure of registered property, and the vindication of the way to acquire property of public officials and candidates for public offices, and by prescribing matters necessary for the regulation of property acquisition by public officials who take advantage of their public office, a report on gifts and blind trust of the stocks by public officials, and restrictions, etc. on the employment and acts of retired public officials. <Amended on Jul. 29, 2011>

[This Article Wholly Amended on Feb. 3, 2009]

Article 2(Livelihood guarantee) #

The State shall guarantee the livelihood of public officials so as to enable them to devote themselves to public service, and shall strive for establishing ethics in public service.

[This Article Wholly Amended on Feb. 3, 2009]

Article 2-2(Obligation to prevent conflict of interests) #

(1) The State and local governments shall strive to promote the smooth progress in the performance of duties of public officials in relation with their property interests, so as not to cause any difficult situation in their fair performance of duties.

(2) Public officials shall appropriately and faithfully perform their duties with a preference of public interests, so as not to cause any difficult situation in the fair performance of their duties in relation with their property interests.

(3) No public official shall pursue private interests or grant illegal preferential benefits to any individual, institution or organization using his or her public position, and shall unfairly use the information acquired during his or her incumbency for private purposes or have another person use such information unlawfully. <Added on Jul. 29, 2011>

Article 3(Persons liable for registration) #

(1) Any of the following public officials (hereinafter referred to as "person liable for registration") shall register his or her property, as prescribed by this Act: <Amended on Feb. 3, 2009; Jul. 29, 2011; Dec. 11, 2012; Mar. 23, 2013; Dec. 30, 2014; Dec. 29, 2015; Jul. 26, 2017; Dec. 10, 2019; Apr. 1, 2021; Dec. 26, 2023>

1. State public officials in political service, such as the President, the Prime Minister, members of the State Council, and members of the National Assembly;

2. Public officials in political service of local governments, such as the heads of local governments, and members of local councils;

3. State public officials of Grade IV or higher in general service (including public officials in general service of the Senior Executive Service) and local public officials, and public officials in extraordinary civil service who receive remuneration equivalent thereto (including public officials in special service of the Senior Executive Service);

4. Diplomatic public officials prescribed by Presidential Decree, personnel of at least Grade IV of the National Intelligence Service, and public officials in security service of the Presidential Security Service;

5. Judges and prosecutors;

6. Constitutional research officers in the Constitutional Court;

7. Military officers of at least the rank of colonel, and military civilian employees in the equivalent ranks;

8. Presidents and vice presidents of universities, presidents of graduate schools, deans (including deans of universities), presidents of junior colleges and heads of various schools equivalent to universities and colleges, and superintendents of the offices of education and heads of district offices of education of the Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities, Dos, and Special Self- Governing Provinces among public officials in the educational service;

9. Police officials of at least the rank of senior superintendent (including self-governing senior superintendent) and firefighting officials of at least the rank of fire chief;

11. Heads, deputy directors, standing directors, and standing auditors of public enterprises established under the Act on the Management of Public Institutions (hereinafter referred to as "public enterprises"); governor, senior deputy governor, and auditor of the Bank of Korea; recommended members of the Monetary Policy Committee; governor, senior deputy governors, deputy governors, and auditor of the Financial Supervisory Service; and presidents and standing auditors of the National Agricultural Cooperative Federation and the National Federation of Fisheries Cooperatives;

12. Executive officers of public-service-related organizations referred to in Article 3-2 (hereinafter referred to as "public-service-related organization");

12-2. Employees of public service-related organizations prescribed by Presidential Decree which handle real estate-related affairs or information, such as the Korea Land and Housing Corporation established under the Korea Land and Housing Corporation Act; provided, employees prescribed by Presidential Decree, who are deemed unlikely to obtain real estate-related information, such as cleaners, building managers, and professional sports players, shall be excluded;

13. Other public officials in specified fields and employees of public-service-related organizations prescribed by the National Assembly Regulations, National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, and Presidential Decree.

(2) Deleted. <Jun. 11, 1993>

[Title Amended on Feb. 3, 2009]

Article 4(Property to be registered) #

(1) The property to be registered by a person liable for registration, means the property of any of the following persons (including the property in de facto possession, regardless of the name of its owner, property contributed to a nonprofit corporation, and property located in a foreign country; hereinafter the same shall apply): <Amended on Jul. 29, 2011>

1. A person liable for registration;

2. Spouse (including any person in a de facto matrimonial relationship; hereinafter the same shall apply);

3. Lineal ascendants and descendants of a person liable for registration; provided, excluded herefrom, are married daughters who are lineal descendants of the person liable for registration, maternal great-grandparents, maternal grandparents, and children and grandchildren of daughters.

(2) The property to be registered by a person liable for registration is as follows: <Amended on Aug. 27, 2019; Jun. 13, 2023; Jul. 18, 2023>

1. The ownership, superficies, and rights of lease on a deposit basis pertaining to real estate;

2. Mining rights, fishery rights, aquaculture business rights, and other rights to which the provisions concerning real estate apply mutatis mutandis;

3. The following movables, securities, claims, debts, and intellectual property rights:

a. Cash (including checks) in an amount of at least 10 million won in total for each owner;

b. Deposits in an amount of at least 10 million won in total for each owner;

c. Securities, such as stocks, national bonds, public bonds, and debentures, worth at least 10 million won in total for each owner;

d. Claims worth at least 10 million won in total for each owner;

e. Debts worth at least 10 million won in total for each owner;

f. Gold and platinum (including gold products and platinum products) worth at least five million won in total for each owner;

g. Jewelry worth at least five million won per item;

h. Curios and works of art worth at least five million won per item;

i. Memberships worth at least five million won per membership;

j. Intellectual property rights yielding annual returns of at least ten million won for each owner;

k. Motor vehicles, construction machines, vessels, and aircraft;

4. Shares of investment in unlimited partnerships, limited partnerships, and limited-liability companies;

5. Stock options;

6. Virtual Assets defined in subparagraph 1 of Article 2 of the Act on the Protection of Virtual Asset Users (hereinafter referred to as "Virtual Assets").

(3) The methods of calculating and indicating the value of each type of property to be registered under paragraph (1), shall be as follows: <Amended on May 28, 2013; Jan. 19, 2016; Dec. 3, 2019; Jun. 13, 2023>

1. In cases of land, officially-assessed individual land prices announced under the Act on the Public Announcement of Real Estate Values (if no officially-assessed individual land price is available for the pertinent land, this refers to the amount calculated, based on the land price announced pursuant to Article 8 of the same Act) or actual market prices;

2. In cases of housing, prices officially announced under Articles 16, 17, and 18 of the Act on the Public Announcement of Real Estate Values or the actual market prices;

3. In cases of commercial buildings, buildings, officetels, and other real estate, an aggregate of the building sites calculated, based on the individual land prices officially announced under the Act on the Public Announcement of Real Estate Values (if no individual land price is available for the pertinent land, this refers to the amount calculated, based on the land price officially announced under Article 8 of the same Act) and the value of buildings calculated, based on the highest price, out of the official values publicly announced by the State or the local governments (where information about its acquisition value is available, such value shall also be included) or the actual market prices;

4. In cases of the right to which the provisions concerning real estate apply mutatis mutandis, the actual market price, the value appraised by an expert, etc. and the details of kind, quantity, content, etc.;

5. In cases of cash, deposits, claims, and debts, the amounts thereof;

6. In cases of securities, such as State bonds, public bonds, or debentures, the face value thereof;

7. In cases of stock shares listed in an Exchange permitted under the Financial Investment Services and Capital Markets Act and over-the-counter stocks referred to in Article 166 of the Financial Investment Services and Capital Markets Act that are traded by any means similar to the securities market, the final prices quoted on the base date of property registration (if the Korea Exchange is closed prior to the base date of property registration, the final prices on such closing date; provided, in cases of over-the-counter stocks referred to in Article 166 of the Financial Investment Services and Capital Markets Act that are traded by any means similar to the securities markets, this refers to the transaction price prescribed by Presidential Decree); and in cases of other stocks than those specified above, the amount or actual market price calculated according to the evaluation method prescribed by Presidential Decree, taking into account the assets and revenues of the relevant corporation;

8. In cases of shares of investment in any limited partnership, unlimited partnership, or limited-liability company, the value of the investment, the equity ratio, and the annual sales of such partnership or corporation during the most recent business year;

9. In cases of gold and platinum (including gold products and platinum products), the actual market prices or the market prices as at the date of reporting thereon, and the kinds, contents, and weights;

10. In cases of jewelry, the actual market prices or the value appraised by an expert, etc., and the details of kinds, sizes, colors, etc.;

11. In cases of curios and works of art, the actual market prices or the values appraised by experts, etc. taking into account the sizes and artists and the details of kinds, sizes, artists and manufacturing dating;

12. In cases of memberships, the amount paid for acquisition; provided, the standard market price calculated under the Income Tax Act or the actual market price shall apply to golf memberships;

13. In cases of motor vehicles, construction machines, vessels, and aircraft, the values appraised by experts, etc. taking into account the actual market prices, the depreciation, etc., and the details of the types, year of manufacture, manufacturing companies, registration numbers, etc.;

14. In cases of stock options, the details of the kinds and quantity of shares to be issued, conditions of exercising suck stock options, such as option prices and option period, and the current market prices of shares to be issued.

15. The amount of virtual assets calculated based on the appraisal method prescribed by Presidential Decree, taking into consideration the volume, and methods of conducting the relevant asset transactions.

(4) The methods of calculating and indicating the value of any property to be registered, other than those prescribed in paragraph (3), and other matters necessary for registration, shall be prescribed by Presidential Decree.

(5) With respect to the property under paragraph (2), information such as the date and particulars of acquisition and the source of income of the property or any explanations may be stated or appended by owner; provided, a person subject to disclosure of property prescribed in the subparagraphs of Article 10(1) shall state the date and particulars of acquisition, source of income, etc. of property by owner, with respect to real estate, other stocks prescribed in paragraph (3)7, and other property prescribed by Presidential Decree; and public officials under the subparagraphs of Article 3(1) handling real estate-related tasks or information who are prescribed by Presidential Decree shall state the date and particulars of acquisition, source of income, etc. of property by owner, with respect to real estate under Article 4(2)1. <Amended on Dec. 3, 2019; Apr. 1, 2021>

(6) Among the property to be registered under paragraph (1), the following property shall be indicated separately from other property to be registered: <Amended on Dec. 30, 2014>

1. Property contributed to a nonprofit corporation. In such cases, the position held by the relevant person liable for registration in such corporation shall be specified;

2. Deposits in a bank account to receive and expend political funds referred to in subparagraph 1 of Article 3 of the Political Funds Act.

(7) Where it is necessary for a person liable for registration to register stocks among the property under paragraph (2), he or she may request the person who has issued the stocks to provide information on the total amount of assets and other information prescribed by Presidential Decree. In such cases, the person who has issued the stocks shall comply with such request. <Added on Dec. 3, 2019>

[This Article Wholly Amended on Feb. 3, 2009]

Article 5(Registration agencies, timing for registration of property) #

(1) Every public official shall register the property owned by him or her as at the date he or she becomes liable for registration with any of the following agencies (hereinafter referred to as "registration agency") not later than the end of the month that is two months after the date he or she becomes liable for registration; provided, this shall not apply where he or she is exempt from the liability for registration by the end of the month that is two months after the date he or she becomes liable for registration, and if a person exempt from the liability for registration due to transfer, demotion, degradation, or retirement, re-becomes liable for registration within three years (or one year in cases of retirement), he or she may file a report on any change in his or her property after such transfer, demotion, degradation, or retirement, or filing a report on changes in property under Article 11(1) in lieu of registration of property: <Amended on Jul. 29, 2011; Mar. 23, 2013; Nov. 19, 2014; Dec. 29, 2015; Dec. 22, 2020>

1. In cases of members of the National Assembly or other public officials of the National Assembly: National Assembly Secretariat;

2. In cases of judges or other public officials of courts: National Court Administration;

3. In cases of the president, justices, or public officials of the Constitutional Court: Department of Court Administration;

4. In cases of public officials of the National Election Commission or other election commissions: Secretariat of the National Election Commission;

5. In cases of public officials of the Ministries and Administrations of the Government (including administrative agencies, such as the committees prescribed by Presidential Decree; hereinafter the same shall apply): Pertinent Ministries and Administrations;

6. In cases of public officials of the Board of Audit and Inspection: Secretariat of the Board of Audit and Inspection;

7. In cases of public officials of the National Intelligence Service: National Intelligence Service;

8. In cases of public officials of local governments: Pertinent local government;

9. In cases of members or public officials of local councils: Pertinent local council;

10. In cases of public officials of educational offices of the Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities, Dos, and Special Self-Governing Provinces: Pertinent educational offices of the Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities, Dos, and Special Self-Governing Provinces;

11. Deleted; <Dec. 29, 2015>

12. In cases of executive officers or employees of public-service-related organizations: Ministries or Administrations exercising supervision over such organizations; provided, executive officers or employees of public-service-related organizations under the supervision of the Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities, Dos, and Special Self-Governing Provinces, and Sis/Guns/Gus (referring to autonomous Gus; hereinafter the same shall apply) or under the supervision of an office of education of the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province shall file registration with the competent local government or office of education;

13. Other persons liable for registration, and public officials of Ministries or Administrations of the Government, the Board of Audit and Inspection, and the National Intelligence Service, and executive officers of public-service-related organizations, whose registered property shall be disclosed to the public under Article 10(1), notwithstanding subparagraphs 5 through 7, and the main clause of subparagraph 12: Ministry of Personnel Management.

(2) In cases falling under the proviso of paragraph (1), if a new registration agency is different from the former registration agency, the head of the former registration agency shall transfer documents pertaining to the property registration to the head of a new registration agency within one month after a person exempt from liability for registration due to transfer, etc., re-becomes liable for registration. This shall also apply where the registration agency is changed without a person liable for registration being exempt from liability for registration due to transfer, etc.

(3) Where it is impracticable for a registration agency, among those referred to in paragraph (1)5, to handle registration due to a huge number of persons liable for registration of property, the registration agency may designate any of its subordinate organizations as a registration agency, as prescribed by Presidential Decree.

[This Article Wholly Amended on Feb. 3, 2009]

Article 6(Reporting on changes) #

(1) Any person liable for registration shall file a report with a registration agency matters on any change in property which occurs between January 1 and December 31 each year, not later than the end of February of the following year; provided, if a person files the first report on changes, after filing the first registration or report as prescribed in Article 5(1), the person shall file a report with a registration agency, on changes occurring up until December 31 of the corresponding year from the date he or she becomes liable for registration.

(2) If a person liable for registration retires from his or her office, the person shall file a report with a registration agency having jurisdiction over him or her as at the time of his or her retirement, on any changes in his or her property occurring from January 1 of the corresponding year (if he or she becomes liable for registration after January 1, the date he or she becomes liable for registration) to the date of retirement, not later than the end of the month in which the two-month period from the date of retirement, falls; provided, if such person re-becomes liable for registration not later than the end of the month in which the two-month period from the date of retirement, falls, he or she may file a report on changes under paragraph (1) in lieu of the abovementioned report. <Amended on Dec. 29, 2015>

(3) If a person becomes liable for registration from October to December and is thereby required to report changes in his or her property pursuant to paragraph (1), the person may file a report on changes in his or her property from the date he or she becomes liable for registration to December 31 of the corresponding year when filing a report on changes in his or her property in the following year or on changes relating to retired persons referred to in paragraph (2); and if a person liable for registration retires from his or her office during January or February, the changes referred to in paragraph (1), may be included in a report on the changes relating to retired persons referred to in paragraph (2). <Amended on Dec. 29, 2015; Dec. 3, 2019>

(4) Paragraph (2) shall apply mutatis mutandis to a person liable for registration referred to in Article 3(1)11 through 13 who is exempt from the liability for registration because the agency or organization with which he or she is affiliated, is excluded from the public services-related organizations.

(5) Deleted. <Dec. 29, 2015>

(6) Deleted. <Dec. 29, 2015>

(7) Deleted. <Dec. 29, 2015>

(8) A report filed under paragraphs (1) and (2) shall be accompanied by any materials to clearly explain and justify the cause of increase or decrease of property, such as a sales contract or receipts (including copies thereof), or the grounds for such increase or decrease shall be specified in such report.

(9) Deleted. <Dec. 29, 2015>

[This Article Wholly Amended on Feb. 3, 2009]

Article 6-5(Provision and utilization of information on financial transactions and real estate) #

(1) If a person liable for registration makes a request because it is necessary for filing a registration or report under Articles 5 (1), 6 (1) and (2), 10 (2), and 11 (1) (hereafter in this Article referred to as "fling a registration or report of property"), a public service ethics committee may request the head of a financial institution (referring to a financial company, etc. defined in subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality, a credit information company, etc. under Article 15 of the Credit Information Use and Protection Act, a virtual asset service provider defined in subparagraph 2 of Article 2 of the Act on the Protection of Virtual Asset Users, or any other person prescribed by Presidential Decree; hereinafter the same shall apply) to submit data on the balance of financial transactions (including virtual asset transactions; hereinafter the same shall apply) via the information and communications network defined in Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection (hereinafter referred to as "information and communications network") with the consent of the titleholder, notwithstanding Article 4 of the Act on Real Name Financial Transactions and Confidentiality, Article 33 of the Credit Information Use and Protection Act, and Article 18 of the Personal Information Protection Act; and the head of that financial institution shall submit data within 20 days via the information and communications network. In such case, the head of the financial institution need not notify the titleholder of the fact that data on the balance of financial transactions is provided, if the titleholder consents thereto, notwithstanding Article 4-2 of the Act on Real Name Financial Transactions and Confidentiality and Article 35 of the Credit Information Use and Protection Act. <Amended on Dec. 3, 2019; Jun. 13, 2023; Jul. 18, 2023>

(2) If a person liable for registration requests a public service ethics committee to provide data on the real estate held and registered, tax data (including data on cadastre, construction, and housing; hereinafter the same shall apply), and data on vehicle registration and membership (referring to that prescribed by Presidential Decree such as golf or condominium membership; hereafter in this Article the same shall apply) held with the consent of the titleholder, in order to file a registration or report of property, the public service ethics committee may request the heads of central administrative agencies, local governments, public-service-related organizations, or other public institutions to submit the relevant data via information and communications networks, notwithstanding Article 18 of the Personal Information Protection Act. In such case, the head of an institution upon receipt of such request shall comply therewith within 20 days via the information and communications networks. <Amended on Dec. 26, 2023>

(3) The public service ethics committee shall provide a person liable for registration with the data on the balance of financial transactions requested under the former part of paragraph (1) and the data on the real estate held and registered, tax data, and data on vehicle registration and membership held under paragraph (2)15 days before the deadline for filing a registration or report of property. <Amended on Dec. 26, 2023>

(4) The public service ethics committee may utilize the data on the balance of financial transactions referred to in the former part of paragraph (1) and the data on the real estate held and registered, tax data, and the data on vehicle registration and membership held under paragraph (2) for examining registered matters, notwithstanding Article 4 of the Act on Real Name Financial Transactions and Confidentiality, Article 33 of the Credit Information Use and Protection Act, and Article 18 of the Personal Information Protection Act. <Amended on Dec. 26, 2023>

(5) Public service ethics committees referred to in the subparagraphs (excluding subparagraph 8) of Article 9(2) may entrust a request for data they have received under paragraphs (1) and (2) to the public service ethics committee in the Government, which may request the heads of relevant institutions to submit data on the relevant titleholder.

(6) Matters necessary for requesting data and for obtaining consent thereto, etc. under paragraphs (1) and (2), shall be prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations or Presidential Decree.

[This Article Added on Dec. 29, 2015]

[Title Amended on Dec. 26, 2023]

Article 8(Examination of registered matters) #

(1) Every public service ethics committee shall examine the registered matters.

(2) If a public service ethics committee discovers that a person liable for registration has partially omitted the property to be registered, by negligence, or has wrongly state the aggregate value of the property to be registered, the public service ethics committee may order the person liable for registration to supplement the property registration papers within the prescribed period.

(3) If necessary for the examination under paragraph (1), any public service ethics committee may request materials from any person liable for registration, make written inquires, or conduct any investigation for verifying facts. In such cases, the public service ethics committee shall give the person liable for registration an opportunity to present materials for explanation or vindication.

(4) Any public service ethics committee may request the head of a State agency, local government, public-service-related organization, or other public institution to submit a report or materials necessary for the examination under paragraph (1). In such cases, the head of the agency, government, institution, or organization shall not refuse to submit a report or materials, notwithstanding the provisions of other Acts.

(5) Notwithstanding Article 4 of the Act on Real Name Financial Transactions and Confidentiality and Article 33 of the Credit Information Use and Protection Act, any public service ethics committee may request the head of a financial institution to submit data on the details of financial transactions, if deemed necessary to ascertain the details of any financial transaction (including the credit information; hereinafter the same shall apply) for the examination under paragraph (1). Such request shall be made in writing or via the information and communications network, specifying the personal matters, in compliance with the criteria prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or Presidential Decree, and any person who works for the financial institution shall not refuse such request. <Amended on Apr. 1, 2009>

(6) A public service ethics committee may demand attendance of any person liable for registration and his or her spouse, lineal ascendants and descendants, and interested persons in matters of property registration, and may ask them to make statements.

(7) If a person liable for registration falls under any of the following as a result of the examination under paragraph (1), a public service ethics committee shall request the Minister of Justice (in case of military personnel or civilian employees in the military, the Minister of National Defense) to conduct an investigation into such person for a specified period, along with the evidential documents: <Amended on Dec. 3, 2019; Dec. 26, 2023>

1. A person liable for registration who is suspected of having filed a false registration;

2. A person liable for registration who is highly suspected of having acquired wealth or property gains through any of the following:

a. Use of confidential information learned in the course of performing his or her duties or undisclosed information (referring to information that may have a significant influence on judgment on whether he or she acquired wealth or property gains before its disclosure to many unspecified persons; hereinafter the same shall apply) of his or her affiliated institution;

b. Giving or receiving of a bribe in connection with his or her duties;

c. Arranging matters in connection with duties of other public officials by taking advantage of his or her post.

(8) Upon receipt of a request for an investigation under paragraph (7), the Minister of Justice or the Minister of National Defense shall authorize a public prosecutor or military prosecutor to conduct an investigation without delay, and notify the relevant public service ethics committee of the findings from such investigation. <Amended on Jan. 6, 2016>

(9) The provisions concerning criminal investigations of statutes or regulations governing criminal procedure (including the Military Court Act) shall apply mutatis mutandis to the investigation conducted by public prosecutors or military prosecutors under paragraph (8); provided, this shall not apply to the provisions concerning the restraint of personal liberty. <Amended on Jan. 6, 2016>

(10) A public service ethics committee shall finish examining all public officials subject to disclosure of property, within three months after the registered matters under Article 5(1) or the changes reported under Article 6 are disclosed under Article 10(1); provided, the public service ethics committee may extend the period of examination by up to three months subject to its resolution, where deemed necessary.

(11) A public service ethics committee may entrust the head of a registration agency or other related agency with an examination of registered matters for persons liable for registration, other than those subject to disclosure of property, and the head of the entrusted agency shall report the findings from the examination to that public service ethics committee.

(12) Paragraphs (2) through (9) shall apply mutatis mutandis to the entrustment of examinations under paragraph (11). In such cases, approval shall be obtained the competent public service ethics committee to request data on the details of financial transactions under paragraph (5), or an investigation under paragraph (7).

(13) If necessary to examine registered matters concerning property, a public service ethics committee may require the relevant person to vindicate the date and details of acquisition, sources of income, etc. (hereafter in this Article referred to as "process to create property") of property registered pursuant to Article 4. The person requested to vindicate the process of acquiring the property shall submit evidential data on the details of property registration for the period of five years before the base date of property registration. <Amended on Dec. 3, 2019>

(14) No one requested to vindicate the process of acquiring property and to submit data pursuant to paragraph (13) shall refuse such request, unless good cause exists.

(15) Matters necessary to vindicate the process of acquiring property and to submit evidential data under paragraphs (13) and (14) shall be prescribed by Presidential Decree.

(16) A public service ethics committee may entrust the public service ethics committee in the Government referred to in Article 9(2)8 with a request for data under paragraphs (4) and (5), and the public service ethics committee in the Government may request the head of a relevant institution to provide data on the relevant titleholder. In such case, expenses incurred in relation to the business affairs prescribed in Article 4-2 of the Act on Real Name Financial Transactions and Confidentiality and Article 35 of the Credit Information Use and Protection Act, shall be borne by the public service ethics committee that entrusts such affairs. <Added on Dec. 29, 2015>

[This Article Wholly Amended on Feb. 3, 2009]

Article 8-2(Measures taken based on findings from examinations) #

(1) A public service ethics committee shall take necessary measures pursuant to paragraph (2), if it discovers any of the following cases by its examination of the registered matters under Article 8 (including a reexamination under Article 9-2): <Amended on Dec. 3, 2019; Dec. 26, 2023>

1. Where any property to be registered is falsely stated;

2. Where any property to be registered is omitted by gross negligence or is erroneously stated;

3. Where a person liable for registration has unfaithfully filed for registration of his or her property or undergone an examination, such as submitting false data or giving false vindication;

4. Where it is recognized that a person has acquired wealth or property gains by using confidential information he or she learned in the course of performing duties or undisclosed information of the agency to which he or she belongs.

(2) Necessary measures under paragraph (1) shall be any of the following: <Added on Dec. 3, 2019>

1. Warning and corrective measures;

2. Imposing an administrative fine under Article 30;

3. Publishing falsely registered matters in an advertisement of a daily newspaper;

4. Requesting a decision on dismissal or discipline (including removal from office).

(3) In determining whether gross negligence referred to in paragraph (1) exists, the scale, kind and value of the registered property and the omitted property as well as an explanation as to why it is omitted or erroneously reported, shall be fully taken into consideration. <Amended on Dec. 3, 2019>

(4) A public service ethics committee may take the measures referred to in paragraph (2)3 together with any of the measures referred to in each subparagraph of paragraph (2). <Amended on Dec. 3, 2019>

(5) Upon taking any of the measures referred to in paragraph (2), a public service ethics committee shall notify the heads of the registration agencies or other related organizations thereof. <Amended on Dec. 3, 2019>

(6) If a public service ethics committee deems that anyone referred to in each subparagraph of Article 4(1) is suspected of having acquired wealth or property gains by any improper means in violation of other statutes or regulations when taking any of the measures referred to in paragraph (2), the public service ethics committee may notify the Minister of Justice (or the Minister of National Defense in the case of military personnel and military civilian employees) of such fact; provided, in the case of the violation of statutes or regulations governing national taxes, duties, and local taxes, the public service ethics committee may notify the Commissioner of National Tax Service, the Commissioner of the Korea Customs Service, and the heads of relevant local governments of such fact, respectively. <Amended on Dec. 3, 2019>

[This Article Wholly Amended on Feb. 3, 2009]

Article 9(Public service ethics committee) #

(1) A public service ethics committee shall be established, respectively, in the National Assembly, the Supreme Court, the Constitutional Court, the National Election Commission, the Government, local governments, and Educational Offices of the Special Metropolitan City, Metropolitan Cities, Self-Governing Cities, Dos, and Special Self-Governing Provinces in order to examine and decide on the following matters: <Amended on Jul. 29, 2011>

1. Examining registered matters concerning property, and taking measures based on the findings from such examination;

2. Granting approval under the latter part of Article 8(12);

3. Verifying whether employment is restricted, granting approval of employment under Article 18, and granting approval to perform duties under Article 18-2(3);

4. Other matters provided by this Act or other statutes or regulations as the power of the public service ethics committees.

(2) A public service ethics committee shall exercise jurisdiction over the following matters: <Amended on Jul. 29, 2011; Dec. 29, 2015>

1. The public service ethics committee in the National Assembly: Members of the National Assembly, other public officials of the National Assembly, and retired public officials of the National Assembly;

2. The public service ethics committee in the Supreme Court: Judges, other public officials of courts, and retired public officials of courts;

3. The public service ethics committee in the Constitutional Court: Justices of the Constitutional Court, other public officials of the Constitutional Court, and retired public officials of the Constitutional Court;

4. The public service ethics committee in the National Election Commission: Public officials of the National Election Commission and other election commissions, and retired public officials of election commissions;

5. The public service ethics committees in the Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities, Dos, and Special Self-Governing Provinces: Grade IV or lower rank public officials of the Special Metropolitan City, the Metropolitan Cities, Special Self-Governing City Cities, Dos, or Special Self-Governing Provinces; executive officers and employees of the competent public-service-related organizations; Grade IV or lower rank public officials who belong to the councils of the Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities, Dos, or Special Self-Governing Provinces; members of the councils of Sis/Guns/Gus, Grade IV public officials of Sis/Guns/Gus; and retired public officials;

6. The public service ethics committees in Sis/Guns/Gus: Grade V or lower rank public officials of Sis/Guns/Gus, executive officers and employees of the competent public-service-related organizations, Grade V or lower rank public officials who belong to the councils of Sis/Guns/Gus, and retired public officials;

7. The public service ethics committees in Educational Offices of Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities, Dos, or Special Self-Governing Provinces: Grade IV or lower rank public officials who belong to the offices of education of the Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities, Dos or Special Self-Governing Provinces, and retired public officials;

8. The public service ethics committee in the Government: Public officials other than those referred to in subparagraphs 1 through 7, and retired public officials thereof.

(3) Every public service ethics committee shall be comprised of 13 members, including a chairperson and a vice-chairperson, and nine of them, including the chairperson, shall be appointed from among judges, prosecutors, attorneys-at-law, educators, other persons of learning and high moral character, or persons recommended by a citizens’ organization (referring to a nonprofit, non-governmental organization defined in Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act; hereinafter the same shall apply); provided, every public service ethics committee in a Si/Gun/Gu shall be comprised of seven members, including a chairperson and a vice-chairperson, and five of them, including the chairperson, shall be appointed from among judges, prosecutors, attorneys-at-law, educators, other persons of learning and high moral character, or persons recommended by a citizens’ organization. <Amended on Dec. 3, 2019; Dec. 22, 2020>

(4) The qualifications, term of office, and appointment of members of a public service ethics committee, the procedures for examination thereof, and other necessary matters, shall be determined in accordance with the following classifications: <Amended on Jul. 29, 2011; Dec. 3, 2019>

1. In cases of the public service ethics committee in the National Assembly: The National Assembly Regulations;

2. In cases of the public service ethics committee in the Supreme Court: The Supreme Court Regulations;

3. In cases of the public service ethics committee in the Constitutional Court: The Constitutional Court Regulations;

4. In cases of the public service ethics committee in the National Election Commission: The National Election Commission Regulations;

5. In cases of the public service ethics committee in the Government: Presidential Decrees;

6. In cases of the public service ethics committees in the Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities, Dos, or Special Self-Governing Provinces, the public service ethics committees in Sis/Guns/Gus, and the public service ethics committees in the Educational Offices of the Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities, Dos, or Special Self-Governing Provinces: The ordinances of the relevant local governments.

(5) In order to efficiently support business affairs of the public service ethics committees, subcommittees or expert advisors may be established or appointed under the committees. <Added on Jul. 29, 2011>

(6) A public service ethics committee may enact rules relating to the operation thereof to the extent prescribed by this Act and the Regulations, Presidential Decree, and municipal ordinance referred to in the subparagraphs of paragraph (4). <Amended on Jul. 29, 2011>

[This Article Wholly Amended on Feb. 3, 2009]

Article 10(Disclosure of registered property) #

(1) A public service ethics committee shall disclose to the public registered matters concerning the property of any of the following public officials, among those liable for registration under its jurisdiction, as well as the property of the official's spouse and lineal ascendants and descendants; and the details of reports on changes filed under Article 6, by publishing them in the Official Gazette (including public gazette) or through information and communications networks designated by the Minister of Personnel Management, within one month after the time limit for registration or reporting expires: <Amended on Mar. 22, 2010; Jul. 29, 2011; Dec. 11, 2012; Dec. 29, 2015; Mar. 21, 2017; Dec. 15, 2020; Dec. 22, 2020; Dec. 26, 2023>

1. State public officials in political service, such as the President, the Prime Minister, members of the State Council, members of the National Assembly, Director General and Directors of the National Intelligence Service, etc.;

2. Public officials in political service of local governments, such as the heads of local governments, and members of local councils;

3. State public officials of Grade I in general service (including public officials in general service of the Senior Executive Service who are appointed to position of the highest class of duty assigned under Article 23 of the State Public Officials Act) and local public officials, and public officials in extraordinary civil service who receive remuneration equivalent thereto (including public officials in special service of the Senior Executive Service);

4. Diplomatic public officials prescribed by Presidential Decree;

5. Judges of at least the rank of chief judges in high courts, and public prosecutors of at least the rank of chef public prosecutors in the Supreme Prosecutors’ Office;

6. General-level officers of at least rank of lieutenant general;

7. Presidents and vice presidents of universities, deans (excluding deans of universities), presidents of junior colleges and heads of various schools equivalent to universities and colleges, superintendents of the offices of education of the Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities, Dos, and Special Self-Governing Provinces among public officials in the educational service;

8. Senior superintendent generals or higher-rank police officials, and commissioners of City/Do agencies in the Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities, Dos, and Special Self-Governing Provinces;

8-2. General fire marshals or higher-rank firefighting officials;

9. Directors of district tax offices, public officials of Grade III, and superintendents of customhouses who are public officials who belong to the Senior Executive Service;

10. Public officials in a fixed term position as prescribed in Article 26-5 of the State Public Officials Act and Article 25-5 of the Local Public Officials Act, who are appointed to positions that make it eligible for them as public officials referred to in subparagraphs 3 through 6, 8 and 9 or to positions equivalent thereto; provided, where positions are designated under subparagraphs 4, 5, 8 and 9, this shall apply only to public officials in a fixed term position prescribed in Article 26-5 of the State Public Officials Act and Article 25-5 of the Local Public Officials Act, who are appointed to such positions;

11. Heads, deputy directors, and standing auditors of public enterprises; the governor, senior deputy governor, and auditor of the Bank of Korea; recommended members of the Monetary Policy Committee; governor, senior deputy governors, deputy governors, and auditor of the Financial Supervisory Service; and presidents and standing auditors of the National Agricultural Cooperative Federation and National Federation of Fisheries Cooperatives;

12. Other public officials of the Government and executive officers of public-service-related organizations who are prescribed by Presidential Decree;

13. Persons who are retired from the offices referred to in subparagraphs 1 through 12 (subject to disclosure in cases falling under Article 6(2)).

(2) If a person liable for registration becomes subject to disclosure of property under paragraph (1) due to promotion, transfer, etc. after his or her property has been registered, he or she shall re-register his or her property as at the date he or she becomes subject to disclosure of property with a registration agency pursuant to the main clause of Article 5(1), not later than the end of the month in which the two-month period from the date he or she becomes subject to disclosure of property, falls, and the public service ethics committee shall disclose it to the public under paragraph (1); provided, if a person whose property needs to be disclosed, was transferred to a position exempt from disclosure of property, and becomes subject to disclosure of property within three years thereafter, the public service ethics committee shall disclose, to the public, changes in the person’s property occurred after the most recent disclosure. <Amended on Dec. 29, 2015>

(3) No one shall inspect, reproduce, or permit the inspection or reproduction of, registered matters concerning the property of any person liable for registration, without the permission of the head of the public service ethics committee or registration agency, except in cases falling under paragraphs (1) and (2); provided, the same shall not apply where a person liable for registration inspects or reproduces matters registered concerning his or her property. <Amended on Jul. 29, 2011>

(4) No head of any public service ethics committee or registration agency shall grant permission under paragraph (3), except in the following circumstances: <Amended on Jul. 29, 2011>

1. Where it is necessary to investigate a crime or misconduct engaged in by a person who is or was liable for registration, or for a trial relevant to the crime or misconduct;

2. Where a member of the National Assembly requests materials necessary for an inspection and investigation of the State administration under Article 128(1) of the National Assembly Act, Article 10(1) of the Act on the Inspection and Investigation of State Administration, and Article 4 of the Act on Testimony and Appraisal before the National Assembly, or it is necessary for such member to investigate, as his or her parliamentary activities, whether a specific public official has engaged in a concrete misconduct. In such cases, neither head of the public service ethics committee nor registration agency shall disclose externally all details of registered matters concerning the property;

3. Where it is necessary for the head of a State agency, local government, or public-service-related organization to decide whether a subordinate public official has engaged in misconduct;

4. Where a person who was liable for registration, requests an inspection or reproduction of matters registered concerning his or her property.

[This Article Wholly Amended on Feb. 3, 2009]

Article 10-2(Disclosure of property of candidates for election of public officials) #

(1) When a person who intends to be a candidate for the President, a member of the National Assembly, the head of a local government or a member of a local council makes a registration for such candidacy, he or she shall submit a report, as provided for in Article 4, regarding the property to be registered as of December 31 of the preceding year, to the competent election commission, and such commission shall make public the reported matters concerning the property of the candidate at the time the registration of candidate is announced publicly.

(2) When a proposal of approval for appointment of a public official whose appointment is required to be approved by the National Assembly, such as the Chief Justice of the Supreme Court, President of the Constitutional Court, Prime Minister, Chairperson of the Board of Audit and Inspection, Justices of the Supreme Court, Secretary General of the National Assembly Secretariat, or a proposal of election of a public official who is elected by the National Assembly, such as Judges of the Constitutional Court or members of the National Election Commission, is submitted, a report on the property to be registered under Article 4 concerning the candidate for public office shall be submitted to the National Assembly, and the Speaker of the National Assembly shall, without delay, publicly announce the reported matters concerning the property of the candidate for public office; provided, this shall not apply where the candidate for public office discloses, under Article 10(1), the property to be registered on or after December 31 of the preceding year prior to the time the proposal of approval for appointment or of the election is filed, and the documents to confirm the disclosure of property shall be submitted to the National Assembly.

(3) The public service ethics committees in the National Election Commission and the National Assembly shall examine the reported matters concerning the property as referred to in paragraph (1) or (2), and may open the results of the examination to the public.

(4) Article 8(2) through (6), (13), and (14) shall apply mutatis mutandis to the examination as referred to in paragraph (3).

(5) The forms of the report as referred to in paragraphs (1) and (2), the methods of disclosure of property, and other necessary matters shall be prescribed by the National Assembly Regulations or the National Election Commission Regulations.

[This Article Wholly Amended on Feb. 3, 2009]

Article 14-4(Sale or trust of stocks) #

(1) When the aggregate value of all stocks owned by the principal and his or her interested parties (referring to the persons referred to Article 4(1)2 or 3, but excluding the persons refusing to publish the matters registered concerning his or her property under Article 12(4) among the persons referred to in under Article 4(1)3; hereinafter the same shall apply), exceeds the amount prescribed by Presidential Decree, which is between 10 million won and 50 million won, a person subject to disclosure of property under Article 10(1), from among those liable for registration, and any person prescribed by Presidential Decree, from among the public officials of the Ministry of Finance and Economy and the Financial Services Commission (hereinafter referred to as "person, etc. subject to disclosure of property"), shall directly perform the following activities within two months from the date of such excess (if the aggregate value of stocks exceeds the amount prescribed by Presidential Decree, which is between 10 million won and 50 million won, as at the date the person becomes subject to disclosure of property or the date the causes for deferment under Article 6-3(1) and (2) cease to exist, the date means the date the person becomes subject to disclosure of property or the date the causes for deferment cease to exist; if the person requests a review as to whether the stocks are relevant to his or her duties to the Examination Committee on Blind Trust of Stocks established under Article 14-5(6), it refers to the date he or she is notified of the decision that the stocks are relevant to his or her duties; if the person is notified of the decision that the stocks are relevant to his or her duties as a result of an ex officio reexamination under Article 14-12, it refers to the date he or she is notified of the decision), or have the interested parties perform the following activities, and shall report the facts of performing such activities to the relevant registration agency; provided, the same shall not apply where the person is notified of the decision that the stocks are irrelevant to his or her duties from the Examination Committee on Blind Trust of Stocks under Article 14-5(7) or 14-12: <Amended on Dec. 29, 2015; Dec. 22, 2020; Oct. 1, 2025>

1. Selling the relevant stocks;

2. Concluding a contract on a trust or an investment trust meeting each of the following requirements (hereinafter referred to as "blind trust of stocks"):

a. A trustee institution shall dispose of the stocks initially placed in the blind trust within 60 days from the date of conclusion of the trust contract; provided,, where it is impracticable for the trustee institution to dispose of the stocks within 60 days, and obtains approval from the public service ethics committee, the period for disposal of stocks may be extended, and in such case, the period shall be extended up to 30 days at a time;

b. Neither the person, etc. subject to disclosure of property nor his or her interested parties shall participate in the management, operation and disposal of the trust property;

c. Neither the person, etc. subject to disclosure of property nor his or her interested parties shall request any information on management, operation and disposal of the trust property, and the trustee institution shall not provide it; provided, the trustee institution may present in advance the basic management methods of the trust property within the scope prescribed by Presidential Decree, when it concludes a trust contract;

d. A trustor is entitled to terminate the trust contract where any of the causes referred to in the subparagraphs of Article 14-10(2) occurs;

e. Where the trustee institution engages in trust business with the care of a prudent manager, it shall not be held liable for any loss;

f. The trustee institution shall engage in trust business, and shall be a trust company or a collective investment company registered under the Financial Investment Services and Capital Markets Act; provided, the trustee institution shall exclude any company wherein the person, etc. subject to disclosure of property or his or her interested parties have held office within the most recent three years.

(2) Deleted. <Dec. 3, 2019>

(3) A person, etc. subject to disclosure of property shall file a report on the changes in his or her property due to the conclusion or termination of a contract for blind trust of stocks as included in the report filed under Articles 6 and 11.

(4) Where the conclusion of a contract for blind trust of stocks is reported under paragraph (1), the trust property is exempt from reporting under Articles 6 and 6-2(1) until that trust contract terminates.

(5) The method of reporting the fact that a person, etc. subject to disclosure of property has sold, or has placed, stocks in blind trust under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Dec. 29, 2015>

(6) Articles 6-2(3), 7, 8, 8-2, 12 through 14, and 14-3 shall apply mutatis mutandis to filing reports under paragraph (1) and the examination and management of the reports.

[This Article Wholly Amended on Feb. 3, 2009]

Article 14-5(Review of relevance of duties by Examination Committee on Blind Trust of Stocks) #

(1) An Examination Committee on Blind Trust of Stocks shall be established in the Ministry of Personnel Management to review and decide on whether the stocks owned by a person, etc. subject to disclosure of property and his or her interested parties are relevant to his or her duties. <Amended on Mar. 23, 2013; Nov. 19, 2014>

(2) The Examination Committee on Blind Trust of Stocks shall consist of nine members, including one chairperson.

(3) The chairperson and members of the Examination Committee on Blind Trust of Stocks shall be appointed or commissioned by the President. In such cases, each three of the appointed or commissioned members shall be recommended by the National Assembly and by the Chief Justice of the Supreme Court, respectively.

(4) The members of the Examination Committee on Blind Trust of Stocks shall have any of the following qualifications: <Amended on Dec. 3, 2019>

1. Having worked at a university or an accredited research institute for at least five years as an associate professor or higher or a position equivalent thereto;

2. Having served as a judge, prosecutor, or attorney-at-law for at least five years;

3. Having worked in a finance-related field for at least five years;

4. Having served as a public official of Grade III or higher or as a public official who is a member of the Senior Executive Service, for at least three years.

(5) The term of office of the chairperson and members of the Committee shall be two years, which may be renewed only once; provided, a member whose term of office has expired shall perform the relevant duties until his or her successor is appointed or commissioned. <Amended on Dec. 3, 2019>

(6) Where a person, etc. subject to disclosure of property intends to be exempt from the obligation to sell stocks or to place stocks in blind trust under Article 14-4(1) on the grounds that the stocks owned by him or her and his or her interested parties are irrelevant to his or her duties, or intends to undergo a review as to relevance of the stocks to his or her duties because his or her position is changed due to transfer, etc., the person shall bring the matter to the head of the registration agency as prescribed by Presidential Decree and then request the Examination Committee on Blind Trust of Stocks to review whether the stocks owned by him or her are relevant to his or her duties, within two months from the date the aggregate value of all stocks owned by him or her and his or her related parties exceeds the amount prescribed by Presidential Decree, which is between 10 million and 50 million won (where the aggregate value of the stocks exceeds the amount prescribed by Presidential Decree, which is between 10 million and 50 million won, as at the date the person, etc. becomes subject to disclosure of property, as at the date the grounds for deferment under Article 6-3(1) and (2) cease to exist, or as at the date the position of the person, etc. subject to disclosure is changed, it refers to the date the person, etc. becomes subject to disclosure of property, the date the grounds for deferment cease to exist, or the date the position of the person, etc. subject to disclosure is changed). <Amended on Dec. 29, 2015; Dec. 22, 2020>

(7) The Examination Committee on Blind Trust of Stocks shall review and decide on whether the stocks are relevant to an applicant’s duties within one month after receipt of a request for review under paragraph (6), and notify the applicant and the head of the registration agency of the results of such review; provided, the Examination Committee on Blind Trust of Stocks may extend the period for review by up to one month by its resolution, if deemed necessary. <Amended on Dec. 22, 2020>

(8) Whether stocks are relevant to a person’s duties, shall be determined, based on whether the person can access directly or indirectly information on the stocks and can exert influence on such stocks.

(9) If deemed necessary to review whether the stocks are relevant to the duties of a person, etc. subject to disclosure of property, the Examination Committee on Blind Trust of Stocks may request materials from the person, etc. subject to disclosure of property or may make written inquiries.

(10) If deemed necessary to review whether the stocks are relevant to the duties of a person, etc. subject to disclosure of property, the Examination Committee on Blind Trust of Stocks may request materials from a relevant institution, organization, and enterprise, and the relevant institution, organization, and enterprise shall comply therewith, except in exceptional circumstances.

(11) Where a person, etc. subject to disclosure of property fails to file a request for review under paragraph (6) or perform activities under the subparagraphs of Article 14-4(1) within a prescribed period, submit false materials in response to requests or inquiries under paragraph (9), or refuses to submit materials without good cause, the Examination Committee on Blind Trust of Stocks or the head of a registration agency notify the competent public service ethics committee thereof and the notified public service ethics committee shall take any of the following measures for the relevant persons, etc. subject to disclosure of property: <Added on Dec. 22, 2020>

1. Warning and corrective measures;

2. Imposing an administrative fine under Article 30;

3. Requesting a decision on dismissal or discipline (including removal from office).

(12) No person shall inspect, reproduce, or permit the inspection or reproduction of, the request for review on relevance to duties and decision thereon, without the permission of the Examination Committee on Blind Trust of Stocks or the head of a registration agency. <Added on Dec. 22, 2020>

(13) Article 10(4) shall apply mutatis mutandis to permission under paragraph (12). In such cases, "public service ethics committee" shall be construed as "Examination Committee on Blind Trust of Stocks," "permission under paragraph (3)" as "permission under paragraph (12)," and "person liable for registration," as "person, etc. subject to disclosure of property," respectively. <Added on Dec. 22, 2020>

(14) Procedures for review by, and operation of, the Examination Committee on Blind Trust of Stocks, and other necessary matters, shall be prescribed by Presidential Decree. <Amended on Dec. 22, 2020>

[This Article Wholly Amended on Feb. 3, 2009]

[Title Amended on Dec. 22, 2020]

Article 14-10(Requests for sale of stocks and termination of trust) #

(1) A trustor who has placed his or her stocks in a blind trust, may make a written request to the trustee institution to sell all of the trust property, with the permission of the competent public service ethics committee.

(2) Upon the occurrence of any of the following causes or events, a trustor who has placed his or her stocks in a blind trust may request the trustee institution to terminate the contract for blind trust of stocks; provided, he or she must request a termination of the contract for blind trust of stocks upon the occurrence of the event prescribed in subparagraph 2: <Amended on Dec. 29, 2015; Dec. 3, 2019>

1. Where the trustor is notified of the matters prescribed in Article 14-8(2)2;

2. Where the trustee institution has sold all of the trust property, upon receipt of the written request for sale made under paragraph (1);

3. Where the trustor is exempt from the liability for disclosure of his or her property on the grounds of retirement, transfer, etc.;

4. Where the position of the trustor who has placed his or her stocks in a blind trust is changed due to transfer, etc., and the trustor is notified of a decision made by the Examination Committee on Blind Trust of Stocks pursuant to Article 14-5(7), that the management and operation of stocks in the blind trust are irrelevant to the changed position;

5. Where the trustor who has placed his or her stocks in a blind trust has acquired such title as an interested party but afterwards fails to meet the requirements of the interested parties due to refusing to disclose the registered matters concerning property or due to getting married, etc.

(3) Upon termination of a contract for blind trust of stocks under paragraph (2), the trustee institution shall submit a report to the competent public service ethics committee on the grounds for the termination and the details of management, operation and disposal of the trust property during the period from January 1 of that year (where the termination has been made in the year of the blind trust of stocks is established, the date the blind trust of stocks is established) to the date of termination, within one month from the date of the termination. In such cases, when the contract for blind trust of stocks is terminated in January, the report may be made along with the details of management, operation and disposal in the preceding year.

[This Article Wholly Amended on Feb. 3, 2009]

Article 14-11(Prohibition of involvement in duties in conflicts of interest) #

(1) No person, etc. subject to disclosure of property, shall be involved in any duty that may have influence on the management or property right of an enterprise that has issued stocks placed in a blind trust or owned by the person, etc. subject to disclosure of property or his or her interested parties, by granting approval, giving directions, or expressing opinions, or by other means, during the following periods: <Amended on Dec. 22, 2020>

1. Where a contract for a blind trust of stocks is concluded pursuant to Article 14-4(1)2 or 14-6(2): From the date the contract for a blind trust of stocks is concluded to the date all stocks initially placed in a trust are disposed of;

2. Where a request for review on relevance to duties is filed with the Examination Committee on Blind Trust of Stocks pursuant to Article 14-5(6) (including cases applied mutatis mutandis pursuant to Article 14-6(3)): From the date he or she files a request for review on relevance to duties to the date he or she is notified of a decision made by the Examination Committee on Blind Trust of Stocks that the stocks are irrelevant to his or her duties;

3. Where an application for change of position is filed pursuant to Article 14-13(1): From the date he or she files the application for change of position to the date he or she is notified of a decision made by the Examination Committee on Blind Trust of Stocks that the stocks are irrelevant to his or her duties after the Examination Committee reviews whether his or her duties are relevant to the stocks while he or she holds the changed position;

4. Where any of the following acts are committed after the lapse of two months from the date he or she becomes obligated to sell stocks or to place stocks in a blind trust pursuant to Article 14-4(1) or 14-6(2): From the date two months elapse to the date classified as follows:

a. Sale of stocks under Article 14-4(1)1 or 14-6(2): Date of sale;

b. Conclusion of a contract for the blind trust of stocks under Article 14-4(1)2 or 14-6(2): Date on which all stocks initially placed in a trust are disposed of;

c. A request for review on relevance to duties under Article 14-5(6) (including cases applied mutatis mutandis pursuant to Article 14-6(3)): Date on which he or she is notified of a decision made by the Examination Committee on Blind Trust of Stocks that the stocks are irrelevant to his or her duties;

d. An application for change of position under Article 14-13(1): Date on which he or she is notified of a decision made by the Examination Committee on Blind Trust of Stocks that the stocks are irrelevant to his or her duties after the Examination Committee reviews whether his or her duties are relevant to the stocks while he or she holds the changed position.

(2) Where it is necessary for a person, etc. subject to disclosure of property to avoid duties pursuant to paragraph (1), the person, etc. subject to disclosure of property shall take measures, etc., such as having a third person perform such duties instead of him or her.

(3) Notwithstanding paragraph (1), where it is impossible to avoid duties, such as by the statutes or regulations requiring a person, etc. subject to disclosure of property to perform such duties directly, the person may perform the duties related to the stocks he or she owns or has placed in a blind trust.

(4) Where a person, etc. subject to disclosure of property is involved in any duties related to the stocks he or she owns or has placed in a blind trust, the person shall report the details of direct or indirect performance of the duties related to such stocks during each quarter, within ten days from the end of each quarter to the competent public service ethics committee, which shall post the report in the official gazette or official bulletin.

[This Article Added on Dec. 29, 2015]

Article 14-13(Filing applications for change of position to duties irrelevant to stocks) #

(1) A person, etc. subject to disclosure of property, who becomes obligated to sell stocks or to place stocks in a blind trust pursuant to Article 14-4(1), may file an application for change of his or her position with the head of the institution, etc., with which he or she is affiliated, specifying the duties relevant to the stocks owned by the person, etc. subject to disclosure of property or his or her interested parties, within two months from the date the obligation arises, and the head of such institution, etc., in receipt of the application, may change his or her position to duties irrelevant to such stocks, within two months from the receipt of the application. <Amended on Dec. 22, 2020>

(2) Where a person, etc. subject to disclosure of property whose position is changed pursuant to paragraph (1), requests a review as to relevance to his or her duties under Article 14-5(6) and are notified of a decision that the stocks owned by him or her are irrelevant to his or her duties pursuant to paragraph (7) of the same Article, the person need not sell such stocks or conclude a contract for a blind trust of stocks, notwithstanding Article 14-4(1).

(3) Where the position of a person, etc. subject to disclosure of property is not changed within two months from the date of an application filed under paragraph (1), the period for fulfilling the obligation prescribed in the main clause of Article 14-4(1) shall be counted from the date on which two months pass from the date of the application for change of position. <Amended on Dec. 26, 2023>

(4) Where a person, etc. subject to disclosure of property or any of his or her interested parties fails to dispose of the stocks initially placed in the blind trust for at least six months, the public service ethics committee may recommend the relevant persons, etc. subject to disclosure of property to file an application for the change of position under paragraph (1). <Added on Dec. 22, 2020>

[This Article Added on Dec. 29, 2015]

[Title Amended on Dec. 22, 2020]

Article 17(Restrictions on employment of retired public officials) #

(1) None of the following institutions (hereinafter referred to as "institutions subject to employment screening") shall employ any public official specified in Article 3(1)1 through 12, along with public officials and employees of public-service-related organizations prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or Presidential Decree, taking into account the possibility of unfair influence and impeding fair job performance (hereafter in this Chapter, referred to as "persons subject to employment screening"), for three years from his or her retirement; provided, when a person subject to employment screening receives verification that there is no close relevance between the affairs of the department or agency with which he or she was affiliated for five years before his or her retirement and the institution subject to employment screening or obtains approval for employment, from a public service ethics committee; such person may be employed: <Amended on Jun. 7, 2013; Dec. 30, 2014; Dec. 3, 2019; Aug. 14, 2025>

1. A for-profit private enterprise, the capital and annual apparent transactions of which exceed a specified scale (referring to the supply value prescribed in Article 29 of the Value-Added Tax Act; hereinafter the same shall apply);

2. A corporation or organization established for the sake of the common interests, mutual cooperation, etc. of a private enterprise referred to in subparagraph 1;

3. A law firm established under Article 40 of the Attorney-at-Law Act, the annual apparent transactions of which exceed a specified scale, a (limited) liability law firm established under Article 58-2 of the said Act, a law firm partnership established under Article 58-18 of the said Act, or a law office established under Article 89-6(3) of the said Act (hereinafter referred to as "law firm, etc.");

4. An accounting firm established under Article 23(1) of the Certified Public Accountant Act, the annual apparent transactions of which exceed a specified scale;

5. A tax accounting firm established under Article 16-3(1) of the Certified Tax Accountant Act, the annual apparent transactions of which exceed a specified scale;

6. A foreign legal consultant office defined in subparagraph 4 of Article 2 of the Foreign Legal Consultant Act or a joint venture law firm defined in subparagraph 9 of the same Article, the annual apparent transactions of which exceed a specified scale;

7. A market-based public corporation referred to in Article 5(3)1a of the Act on the Management of Public Institutions;

8. A public-service-related organization performing duties prescribed by Presidential Decree, such as supervision of safety, regulation on authorization and permission, and procurement duties;

9. An educational foundation that has established and runs any of the schools defined in the subparagraphs of Article 2 of the Elementary and Secondary Education Act or defined in the subparagraphs of Article 2 of the Higher Education Act, and a private school established and run by an educational foundation; provided, where a person subject to employment screening is employed as a teacher prescribed by Presidential Decree, the relevant educational foundation or school shall be excluded;

10. A general hospital referred to in Article 3-3 of the Medical Service Act and any of following corporations that have established a general hospital:

a. A medical corporation referred to in Article 33(2)3 of the Medical Service Act;

b. A nonprofit corporation referred to in Article 33(2)4 of the Medical Service Act;

11. Any of following, the endowment of which exceeds a specified scale:

a. A social welfare foundation defined in subparagraph 3 of Article 2 of the Social Welfare Services Act;

b. A nonprofit corporation, other than social welfare foundations referred to in item a, which operates a social welfare facility defined in subparagraph 4 of Article 2 of the Social Welfare Services Act;

12. Any of the following private enterprises, corporations, or organizations which meet the standards prescribed by Presidential Decree:

a. A private enterprise, corporation, or organization in the field of the defense industry;

b. A private enterprise, corporation, or organization that conducts certification, inspection, etc. related to public safety concerning food, etc.

b. A private enterprise, corporation, or organization whose annual gross sales exceed a certain level and that performs design or supervision services in the architectural or construction field.

(2) The scope of close relevance prescribed in the proviso of paragraph (1) means that the duties of the department with which a person subject to employment screening has been affiliated for five years before his or her retirement fall under any of the following: <Amended on Dec. 30, 2014; Dec. 3, 2019>

1. Duties of providing financial assistance, including allocating or paying grants, incentives, subsidies, etc. directly or indirectly;

2. Duties directly related to authorization, permission, licenses, patents, approval, etc.;

3. Duties directly related to inspections and audits of methods of production, specifications, accounting, etc.;

4. Duties directly related to assessment, imposition, and collection of taxes;

5. Duties directly related to contracts for, and inspections and acceptance of construction works, services, or purchase of goods;

6. Duties of direct supervision under statutes or regulations;

7. Duties related to investigations, examinations of, and ruling on, a case to which an institution subject to employment screening is a party or in which it has direct interests;

8. Other Duties prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree.

(3) Notwithstanding paragraph (2), where the duties of an agency with which any of the following persons subject to employment screening (hereinafter referred to as "person subject to employment screening based on the duties of an agency") has been affiliated for five years before his or her retirement constitute any of duties prescribed in the subparagraphs of paragraph (2), such duties shall be deemed to have close relevance: <Added on Dec. 30, 2014>

1. A person subject to disclosure of property referred to in the subparagraphs of Article 10(1);

2. A public official, other than public officials subject to disclosure of property referred to in subparagraph 1, among public officials who belong to the Senior Executive Service;

3. A public official of at least Grade II;

4. An executive officer of a public-service-related organization;

5. A public official or an employee of a public-service-related organization in a specific field prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or Presidential Decree.

(4) In determining where a person is employed under paragraph (1), if the person engages in the business of an institution subject to employment screening or provides assistance, such as advice and counsel, thereto and receives a wage, salary, etc. in return for such service on a regular basis or during a specified period, such person shall be deemed employed, regardless of his or her position or duties, such as an outside director, consultant, or advisor prescribed in the Commercial Act, or the type of contract. <Amended on Dec. 30, 2014; Dec. 3, 2019>

(5) Where a person subject to employment screening falls under any of the following in relation to the duties specified in the subparagraphs of paragraph (2), which such person processed or the decision-making process of which such person participated in for five years before his or her retirement, the duties of the department with which the person subject to employment screening was affiliated shall be deemed to have close relevance prescribed in the proviso of paragraph (1), to the duties of a relevant law firm, etc., accounting corporation, tax accounting corporation, foreign legal consultant office, or joint venture law firm: <Amended on Dec. 3, 2019>

1. Where a law firm, etc. accepts a case (including acceptance specified in the subparagraphs of Article 31(4) of the Attorney-at-Law Act);

2. Where an accounting corporation performs duties under the subparagraphs of Article 2 of the Certified Public Accountant Act;

3. Where a tax accounting corporation performs duties under the subparagraphs of Article 2 of the Certified Tax Accountant Act;

4. Where a foreign legal consultant office performs duties under the subparagraphs of Article 24 of the Foreign Legal Consultant Act;

5. Where a joint venture law firm performs duties under Article 35-19 of the Foreign Legal Consultant Act.

(6) In determining close relevance under paragraphs (2) and (3), a public service ethics committee shall keep a balance between a retired public official's private interests, such as his or her freedom and rights, and public interests through prevention of unfair influence by the retired public official, and where it examines or determines whether or not to approve the employment of a retired public official deemed to have close relevance pursuant to paragraphs (3) and (5) pursuant to the proviso of paragraph (1), it shall endeavor to prevent any unreasonable limit on the rights of the relevant person subject to employment screening, in consideration of the number of relevant cases handled, and the frequency and importance of relevant duties, etc. <Amended on Dec. 30, 2014>

(7) Notwithstanding paragraphs (1) through (3), an attorney-at-law referred to in Article 4 of the Attorney-at-Law Act, a certified public accountant referred to in Article 3 of the Certified Public Accountant Act, and a tax accountant referred to in Article 3 of the Certified Tax Accountant Act, among persons subject to employment screening, other than those subject to disclosure of property referred to in the subparagraphs of Article 10(1), may be employed by a law firm, etc. or a joint venture law firm, an accounting firm, and a tax accounting firm, respectively. <Amended on Dec. 30, 2014; Dec. 3, 2019>

(8) For the purposes of paragraph (1), the scale and scope of a department or an agency, the scale and scope of an institution subject to employment screening, and other matters, shall be determined by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or Presidential Decree. <Amended on Dec. 30, 2014; Dec. 3, 2019>

(9) Notwithstanding paragraphs (1) through (3), where a person subject to employment screening is employed to perform the following duties, it shall be deemed that there is no close relevance as specified in the proviso of paragraph (1): <Added on Dec. 3, 2019; Jan. 4, 2022>

1. Emergency preparedness duties under the Act on Emergency Preparedness;

2. Duties of commanders of reserve forces under the Reserve Forces Act;

3. Other simple affairs concerning implementation that are publicly notified by the competent public service ethics committee as having no relevance to business affairs.

[This Article Wholly Amended on Sep. 29, 2011]

[Title Amended on Dec. 30, 2014]

Article 18(Verification as to restriction on employment and approval for employment) #

(1) Where a person subject to employment screening intends to be employed by an institution subject to employment screening after obtaining verification that the duties of the department or agency with which he or she was affiliated for five years before his or her retirement have no close relevance to the institution subject to employment screening under the proviso of Article 17(1), such person shall request the competent public service ethics committee to verify whether his or her employment is restricted pursuant to Article 17(2) and (3) through the head of the agency with which he or she was affiliated as at the time of his or her retirement, as prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or Presidential Decree. <Amended on Dec. 30, 2014; Dec. 3, 2019>

(2) Where a person subject to employment screening intends to obtain approval for employment pursuant to the proviso of Article 17(1), the person shall apply for approval for his or her employment with the competent public service ethics committee through the head of the agency with which such person was affiliated as at the time of his or her retirement, as prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or Presidential Decree.

(3) Upon receipt of a request for verification as to whether an applicant’s employment is restricted under paragraph (1) or an application for approval for employment under paragraph (2), the competent public service ethics committee shall notify the applicant of the results of examination, as prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or Presidential Decree.

[This Article Wholly Amended on Sep. 29, 2011]

Article 18-4(Restrictions on acts of retired public officials) #

(1) No public official and executive officer and employee of a public-service-related organization who retires (hereinafter referred to as "retired public official") shall make improper solicitation or request for assistance, hampering the fair performance of duties, to executives or employees (hereinafter referred to as "incumbent public officials") of an agency with which he or she was affiliated before his or her retirement, such as asking them to violate statutes or regulations or to abuse their position or authority, for his or her own interests or a third party's interests.

(2) In receipt of solicitation or request for assistance in connection with his or her duties from a retired public official, the incumbent public official shall report such fact to the head of the agency with which he or she is affiliated.

(3) If any person becomes aware that a retired public official has made solicitation or requested for assistance to an incumbent public official, the person may report such fact to the head of the relevant agency.

(4) The head of the competent agency shall determine whether a report filed pursuant to paragraph (2) or (3) constitutes an improper solicitation or assistance under paragraph (1); and if deemed necessary to conduct an investigation, such head shall notify an investigation agency thereof. In such cases, the head of the competent agency shall notify the relevant public service ethics committee of the reported matters and the fact that he or she has notified an investigation agency.

(5) No person shall inform, disclose, or report to any third person, personal information of a person filing a report provided in paragraphs (2) and (3) or any fact which implies a person filing a report; provided, this shall not apply where the relevant person filing a report gives consent.

(6) No person shall take disadvantageous measures (referring to the disadvantageous measures defined in subparagraph 6 of Article 2 of the Protection of Public Interest Reporters Act; hereinafter the same shall apply) against any person filing a report on the grounds of such report; and a person filing a report who is subjected to disadvantageous measures due to such report may file an application for reinstatement to the original state or other necessary measures (hereinafter referred to as "protective measures") with the head of the competent agency who receives the report; provided, the foregoing shall not apply to filing a false report.

(7) The head of the competent agency in receipt of a request for protective measures shall examine whether the person filing a report has been subjected to disadvantageous measures due to such report; and if the examination finds that such person is deemed to have been subjected to disadvantageous measures due to the report, the head shall take protective measures.

(8) If the head of the competent agency deems that a person filing a report contributes to the establishment of public service ethics, the head may recommend giving, or give, an award or may pay a monetary award to such person within the budget, pursuant to the provisions of the Awards and Decorations Act, etc.

(9) Matters necessary for the procedures, methods, etc. for reporting and filing an application pursuant to paragraphs (1) through (8) shall be prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or Presidential Decree.

[This Article Wholly Amended on Dec. 3, 2019]

Article 19(Demands for dismissal of employees) #

(1) In any of the following cases, the competent public service ethics committee shall request the head of the relevant State agency or local government to take measures to dismiss the person; and the head of the relevant State agency or local government, in receipt of such request, shall demand the head of an institution subject to employment screening with which such person is affiliated, to dismiss the relevant person: <Amended on Jul. 29, 2011; Dec. 30, 2014; Dec. 3, 2019; Dec. 22, 2020>

1. Where a person is employed by an institution subject to employment screening which has close relevance with business affairs without obtaining approval for employment, in violation of Article 17(1);

2. Where a person employed after obtaining approval for employment pursuant to the proviso of Article 17(1) is in violation of Article 18-2(1) (excluding where approval is obtained to perform duties under paragraph (3) of the same Article) or 18-4 (1).

(2) Upon receipt of a demand for dismissal under paragraph (1), the head of an institution subject to employment screening shall comply with such request without delay. In such cases, the head of the institution subject to employment screening shall notify the head of the State agency or local government of the results thereof, and the head of the State agency or local government shall notify the competent public service ethics committee thereof. <Amended on Jul. 29, 2011; Dec. 30, 2014; Dec. 3, 2019>

(3) If administrative litigation referred to in Article 3 of the Administrative Litigation Act has been filed against a demand for dismissal under paragraph (1), the period for restricting the employment of the relevant person under Article 17(1) shall be suspended, starting from the time such administrative litigation is filed until a court ruling becomes final and conclusive; provided, the same shall not apply where the disposition demanding dismissal is canceled or becomes void through relevant litigation. <Added on Jul. 29, 2011>

[This Article Wholly Amended on Feb. 3, 2009]

Article 19-2(Methods of verifying whether restrictions on employment or performing duties are violated) #

(1) Where a person subject to employment screening retires, the head of a State agency, local government, or public-service-related organization shall verify directly whether the person is employed by any institution subject to employment screening within three years after his or her retirement, or by such means as requesting data (limited to data concerning other income under Article 21 of the Income Tax Act, in cases of the National Tax Service) from, or making an inquiry to, the National Tax Service, the National Health Insurance Corporation established under Article 13 of the National Health Insurance Act, the National Pension Service established under Article 24 of the National Pension Act, or the Korea Workers' Compensation and Welfare Service established under Article 10 of the Industrial Accident Compensation Insurance Act, and the head of the State agency, local government, or public-service-related organization shall report the results of the verification to the competent public service ethics committee at least once a year. <Amended on Dec. 31, 2011; Dec. 30, 2014; Dec. 29, 2015; Dec. 3, 2019>

(2) Where the competent public service ethics committee has reasonable grounds to suspect that a retired public official has violated the restriction on performing duties under Article 18-2(1), it may, to verify such violation, request relevant data from the head of the institution with which the retired public official was affiliated as at the time of retirement, the National Health Insurance Corporation established under Article 13 of the National Health Insurance Act, the National Pension Service established under Article 24 of the National Pension Act, or the Korea Workers' Compensation and Welfare Service established under Article 10 of the Industrial Accident Compensation Insurance Act. <Added on Dec. 29, 2015>

(3) The competent public service ethics committee may request relevant data from the head of an institution subject to employment screening with respect to the restriction on employment, restriction on performing duties, restriction on acts, etc., and the head of the institution subject to employment screening shall submit such data, unless there is a good cause. <Amended on Dec. 30, 2014; Dec. 29, 2015; Dec. 3, 2019>

(4) Where reasonable grounds exist to suspect that a retired public official has violated any of the restrictions on performing his or her duties under Article 18-2(1), the competent public service ethics committee may request that the head of an institution or organization (excluding an institution subject to employment screening) by which the retired public official is employed should submit data concerning his or her duties, as prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or Presidential Decree. In such cases, the head of the relevant institution or organization shall provide data, unless there is a compelling reason not to do so. <Added on Dec. 3, 2019>

(5) The Minister of Personnel Management may collectively request necessary data on behalf of the heads of other central administrative agencies, local governments, or public-service-related organizations to efficiently request the data pursuant to paragraph (1); provided, in cases of requesting data from the National Tax Service, such request shall be collectively made by the Minister of Personnel Management. <Added on Dec. 3, 2019>

[This Article Added on Jul. 29, 2011]

[Title Amended on Dec. 29, 2015]

Article 22(Disciplinary action) #

A public service ethics committee may demand a resolution on dismissal or discipline of a public official or an executive officer or employee of a public-service-related organization, if: <Amended on Jul. 29, 2011; Dec. 29, 2015; Dec. 3, 2019; Dec. 22, 2020; Jun. 13, 2023>

1. He or she fails to register his or her property in violation of Article 5(1);

2. He or she fails to complete registration of property, reporting on changes, etc. under Article 5(1), 6(1) or (2), 6-3, 7, 10(2), or 11(1) within a period prescribed by Presidential Decree without good cause;

3. He or she fails to submit a report on the changes in his or her property or a report on the details of transactions, or to submit explanatory materials in violation of Articles 6(1) (including Article 6(3) relating to a report on changes in property where he or she becomes liable for registration from October to December and is required to file a report on changes in property under Article 6(1)) and (8), 6-2, and 11(1);

4. He or she falsely vindicates in response to a request for vindication made by the relevant public service ethics committee under Article 8(13), or submits falsified data;

5. He or she fails to vindicate or submit evidential data without good cause in violation of Article 8(14);

6. He or she inspects or reproduces, permits an inspection or reproduction of, registered matters, without permission in violation of Article 10(3) (including the case to which such provision applies mutatis mutandis under Article 11(2));

7. He or she has registered his or her property untruthfully, such as making a false registration, etc. in violation of Article 12(1) (including the case to which such provision applies mutatis mutandis under Articles 6-2(4) and 11(2));

8. He or she fails to undergo an examination of the relevant public service ethics committee, etc. on the registered matters in violation of Article 12(2) (including the case to which such provision applies mutatis mutandis under Articles 6-2(4) and 11(2));

9. He or she uses matters concerning registered property for any purpose other than the purposes prescribed by this Act in violation of Article 13 (including the case to which such provision applies mutatis mutandis under Articles 6-2(4) and 11(2));

10. He or she divulges matters concerning registered property to a third person in violation of Article 14 (including the case to which such provision applies mutatis mutandis under Articles 6-2(4), 11(2) and 14-4(6));

11. He or she fails to report, in violation of Article 14-4(1);

12. He or she fails to perform the activities under the subparagraphs of Article 14-4(1) or to file a request for review as to relevance of the stocks to duties under Article 14-5(6) within a prescribed period;

13. He or she submits false materials in response to requests or inquiries under Article 14-5(9), or refuses to submit materials without good cause;

14. He or she acquires stocks or fails to submit a report thereon, in violation of Article 14-6;

15. He or she requests information on management, operation and disposal of trust property, in violation of the main clause of Article 14-7(1);

16. He or she is involved in the management, operation, and disposal of trust property, in violation of Article 14-7(2);

17. He or she terminates a contract for blind trust of stocks, in violation of Article 14-10(2);

18. He or she is involved in the duties relevant to the stocks he or she owns or has placed in a blind trust, in violation of Article 14-11(1), although he or she could avoid the duties relevant to such stocks, or fails to file a report, in violation of Article 14-11(4);

19. He or she fails to report or hand over any gift received from a foreign country or foreigner, in violation of Article 15;

20. He or she fails to report on his or her receipt of a solicitation or request for assistance to the head of an agency with which he or she is affiliated, in violation of Article 18-4(2) (limited to cases deemed an improper solicitation or assistance under paragraph (4) of the same Article);

21. He or she makes a request for employment, in violation of Article 18-5(1).

[This Article Wholly Amended on Feb. 3, 2009]

Article 30(Administrative fines) #

(1) Any person who performs the duties of an agency with which he or she was affiliated, between two years before his or her retirement up to the time of retirement, in violation of Article 18-2(2), shall be subject to an administrative fine not exceeding 50 million won: <Amended on Dec. 29, 2015>

(2) Any of the following persons shall be subject to an administrative fine not exceeding 20 million won: <Amended on Dec. 30, 2014; Dec. 29, 2015; Dec. 3, 2019; Dec. 22, 2020>

1. A person subject to an administrative fine by a decision of the relevant public service ethics committee pursuant to Article 8-2(2)2 (including the case to which such provision applies mutatis mutandis under Articles 6-2(4), 11(2), and 14-4(6)) and Article 14-5(11)2;

2. A person who falsely vindicates or submits false data in response to a request for vindication made by the relevant public service ethics committee under Article 8(13);

3. A person who fails to vindicate or submit requested materials without good cause in violation of Article 8(14);

3-2. A person who is involved in the duties relevant to the stocks he or she owns or has placed in a blind trust, in violation of Article 14-11(1), although he or she could avoid the duties relevant to such stocks, or who fails to file a report, in violation of Article 14-11(4);

4. The head of an institution subject to employment screening that rejects a request to submit data under Article 19-2(3) without good cause, or submits false data.

(3) Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Amended on Dec. 30, 2014; Dec. 29, 2015; Dec. 3, 2019>

1. A person who fails to complete registration of property, reporting on changes, etc. under Article 5(1), 6(1) or (2), 6-3, 7, 10(2), or 11(1) within a period prescribed by Presidential Decree without good cause;

2. A person who has registered his or her property untruthfully, such as making a false registration, etc. in violation of Article 12(1) (including the case to which such provision applies mutatis mutandis under Articles 6-2(4) and 11(2));

3. A person who fails to comply with an examination of the relevant public service ethics committee, etc. on the registered matters in violation of Article 12(2) (including the case to which such provision applies mutatis mutandis under Articles 6-2(4) and 11(2));

4. A person who acquires stocks or fails to submit a report thereon in violation of Article 14-6;

5. A person who terminates a contract for blind trust of stocks in violation of Article 14-10(2);

6. Deleted; <Dec. 22, 2020>

7. A person who fails to report or hand over any gift received from a foreign country or foreigner in violation of Article 15;

8. A person employed by an institution subject to employment screening without requesting verification as to whether his or her employment is restricted, in violation of Article 18(1);

9. A person who fails to submit a duty statement, in violation of Article 18-3(1), or submits a false duty statement;

10. The head of an institution subject to employment screening who rejects a demand for dismissal under Article 19(2);

11. A person who fails to report his or her employment in an institution subject to employment screening to the head of the institution with which he or she was affiliated before his or her retirement, within one month from the date of employment, in violation of the forepart of Article 19-4(2).

(4) Notwithstanding paragraph (3), no administrative fine shall be imposed after any resolution for dismissal or disciplinary action is made under Article 22 in cases of subparagraphs 1 through 5 of the same paragraph; and no resolution for dismissal or disciplinary action shall be made after an administrative fine is imposed. <Added on Dec. 3, 2019>

(5) The competent public service ethics committee shall notify the court having jurisdiction over trials on the administrative fine under the Non-Contentious Case Procedure Act of the violations committed by persons subject to administrative fines under paragraphs (1) through (3). <Amended on Dec. 3, 2019>

[This Article Wholly Amended on Sep. 29, 2011]

PUBLIC SERVICE ETHICS ACT

Article 1(Purpose) #

Article 2(Livelihood guarantee) #

Article 2-2(Obligation to prevent conflict of interests) #

Article 3(Persons liable for registration) #

Article 3-2(Public-service-related organizations) #

Article 4(Property to be registered) #

Article 5(Registration agencies, timing for registration of property) #

Article 6(Reporting on changes) #

Article 6-2(Reporting on details of transactions of stocks and virtual assets) #

Article 6-3(Deferment of reporting on changes) #

Article 6-4(Scope and contents of report on changes) #

Article 6-5(Provision and utilization of information on financial transactions and real estate) #

Article 7(Extension of time limit for registration) #

Article 8(Examination of registered matters) #

Article 8-2(Measures taken based on findings from examinations) #

Article 9(Public service ethics committee) #

Article 9-2(Ex officio reexamination by public service ethics committees) #

Article 10(Disclosure of registered property) #

Article 10-2(Disclosure of property of candidates for election of public officials) #

Article 11(Reporting on property of transferred persons) #

Article 12(Liability for truthful registration) #

Article 13(Prohibition of use of registered matters concerning property for other purposes) #

Article 14(Confidentiality) #

Article 14-2(Prohibition of wealth acquisition by taking advantage of secrets learned in the course of performing one's duties) #

Article 14-3(Prohibition of furnishing or disclosure of data on financial transactions) #

Article 14-4(Sale or trust of stocks) #

Article 14-5(Review of relevance of duties by Examination Committee on Blind Trust of Stocks) #

Article 14-6(Restrictions on acquisition of stocks) #

Article 14-7(Prohibition against provision of information on trust property) #

Article 14-8(Reporting on status of trust) #

Article 14-9(Supervision of trustee institutions) #

Article 14-10(Requests for sale of stocks and termination of trust) #

Article 14-11(Prohibition of involvement in duties in conflicts of interest) #

Article 14-12(Ex officio reexamination by Examination Committee on Blind Trusts of Stocks) #

Article 14-13(Filing applications for change of position to duties irrelevant to stocks) #

Article 14-14(Disclosure of sale of stocks or placement of stocks in trust) #

Article 14-15(Restrictions on stock acquisition by agency) #

Article 14-16(Restrictions on real estate acquisition by agency) #

Article 14-17(Restrictions on possession of virtual assets by each institution) #

Article 15(Reporting on gifts from foreign governments) #

Article 16(Reversion of gifts) #

Article 17(Restrictions on employment of retired public officials) #

Article 18(Verification as to restriction on employment and approval for employment) #

Article 18-2(Restrictions on duties performed by retired public officials) #

Article 18-3(Submission of duty statements by retired public officials subject to restrictions on performing duties) #

Article 18-4(Restrictions on acts of retired public officials) #

Article 18-5(Restrictions on requests for employment of incumbent persons) #

Article 19(Demands for dismissal of employees) #

Article 19-2(Methods of verifying whether restrictions on employment or performing duties are violated) #

Article 19-3(Keeping and managing examination records and disclosing examination results concerning verification as to restrictions on employment, approval for employment, and duty statements) #

Article 19-4(Public announcements of employment history of persons subject to employment screening based on duties of agencies) #

Article 20(Agency in charge of planning and general affairs) #

Article 20-2(Reporting to National Assembly) #

Article 20-3(Legal fiction of public officials in application of penalty provisions) #

Article 21(Delegation provisions) #

Article 22(Disciplinary action) #

Article 23(Recommendation for correction) #

Article 24(Crime of refusal of property registration) #

Article 24-2(Crime of refusal of blind trust of stocks) #

Article 25(Crime of submission of false data) #

Article 26(Crime of refusal of attendance) #

Article 27(Crime of inspection and reproduction without permission) #

Article 28(Crime of disclosure of secret) #

Article 28-2(Violation against prohibition of participation in blind trust of stocks) #

Article 29(Violations of restriction on employment, restriction on engaging in business, and restriction on activities) #

Article 30(Administrative fines) #