Article 1(Purpose) #
The purpose of this Decree is to prescribe matters necessary for conducting personnel audits of each administrative agency and for reporting, etc. unlawful or improper personnel administration, in accordance with Articles 17 and 17-2 of the State Public Officials Act. <Amended on Jul. 14, 2020>
[This Article Wholly Amended on Dec. 28, 2011]
Article 2(Definition) #
The term "audit" in this Decree means the process of examining whether the personnel administration of each administrative agency is appropriate, and correcting or providing guidance on any unlawful or improper matters.
[This Article Wholly Amended on Dec. 28, 2011]
Article 3(Scope of application) #
Except as provided in other statutes or regulations, audits of administrative agencies shall be governed by this Decree.
[This Article Wholly Amended on Dec. 28, 2011]
Article 4(Types of audits) #
(1) Audits shall be classified into regular audits and ad hoc audits.
(2) A regular audit shall be conducted once a year, covering the entire personnel administration; provided, the Minister of Personnel Management may determine a different audit cycle if unavoidable in consideration of the availability of audit personnel and the circumstances of the administrative agency subject to audit. <Amended on Jul. 14, 2020>
(3) An ad hoc audit shall be conducted on specific matters regarding personnel administration if deemed necessary by the Minister of Personnel Management. <Amended on Mar. 23, 2013; Nov. 19, 2014>
[This Article Wholly Amended on Dec. 28, 2011]
Article 5(Inspector General) #
The Inspector General shall be appointed by the Minister of Personnel Management from among public officials under his or her jurisdiction. <Amended on Mar. 23, 2013; Nov. 19, 2014>
[This Article Wholly Amended on Dec. 28, 2011]
Article 6(Scope of audit) #
Audits shall be conducted with respect to the following:
1. Appointment;
2. Examination;
3. Work performance rating;
4. Career rating;
5. Preparation of a list of candidates for promotion;
6. Remuneration;
7. Disciplinary action;
8. Status guarantee;
9. Service;
10. Education and training;
11.Other matters necessary for assessing the current status of personnel administration and formulating related policies.
[This Article Wholly Amended on Dec. 28, 2011]
Article 7(Conduct of audit) #
(1) If a regular audit is to be conducted, the head of the agency to be audited shall be notified of such fact 10 days in advance.
(2) An audit shall be conducted during the normal working conditions of the institution being audited, and care shall be taken not to restrict the institution’s functions or hinder its activities.
(3) The Inspector General may, if necessary, require the relevant officer to appear and provide an explanation, or may request the submission of relevant documents.
(4) In the case of minor violations by the audited institution, the Inspector General may require immediate correction or provide guidance.
[This Article Wholly Amended on Dec. 28, 2011]
Article 8(Submission of certificate of confirmation) #
An agency that has undergone an audit shall submit to the Inspector General a certificate of confirmation signed and sealed by the head of the agency or the public official in charge of personnel affairs of the agency regarding the matters pointed out as a result of the audit.
[This Article Wholly Amended on Dec. 28, 2011]
Article 9(Evaluation of audit findings) #
The Inspector General shall provide an evaluation of the audit findings to the audited institution.
[This Article Wholly Amended on Dec. 28, 2011]
Article 10(Handling and notification of audit results) #
(1) If an audit is conducted, the Minister of Personnel Management shall notify the head of the audited organization of the audit results within 60 days from the date of completion of the audit; provided, if there are unavoidable circumstances, the period may be extended by up to 30 days. <Amended on Jul. 14, 2020>
(2) If any unlawful or improper fact is found as a result of an audit, the Minister of Personnel Management shall, under Article 17 (3) of the State Public Officials Act (hereinafter referred to as the "Act"), request the head of the audited agency to take corrective measures or to impose disciplinary action against the relevant public officials. In such cases, the Minister of Personnel Management shall take into account whether the relevant facts have been notified under paragraph (3). <Amended on Mar. 23, 2013; Nov. 19, 2014; Dec. 29, 2017; Jul. 14, 2020>
(3) The Minister of Personnel Management finds that the unlawful or improper act under the former part of paragraph (2) is grave, and that the cause is attributable to the instruction, etc. of the head of an administrative agency (including public officials in political service who are not the heads of administrative agencies; hereafter in this paragraph the same shall apply), he or she may notify the appointing authority and the authority recommending the appointment of the relevant facts. <Added on Dec. 29, 2017; Jul. 14, 2020>
[This Article Wholly Amended on Dec. 28, 2011]
[Title Amended on Jul. 14, 2020]
Article 11(Submission of opinions) #
The head of an audited agency or a public official under his or her jurisdiction may submit opinions on the improvement of personnel affairs through the Inspector General.
[This Article Wholly Amended on Dec. 28, 2011]
Article 12 #
Deleted. <Jul. 14, 2020>
Article 13(Raising of objections) #
(1) If the head of an audited agency has an objection to a request made by the Minister of Personnel Management for corrective measures or for disciplinary action against relevant public officials under Article 10 (2), he or she may file an objection with the Minister within 30 days of receiving such request. <Amended on Mar. 23, 2013; Nov. 19, 2014>
(2) The Minister of Personnel Management shall make a decision on the objection within 30 days of receiving the objection under paragraph (1), and shall notify the head of the audited agency of the result thereof; provided, if there is any unavoidable reason making it impracticable to provide such notification within the 30-day period, the period may be extended by up to 30 days. <Amended on Mar. 23, 2013; Nov. 19, 2014>
[This Article Wholly Amended on Dec. 28, 2011]
Article 14(Disclosure of audit results) #
(1) In principle, the results of audits regarding the personnel administration of administrative agencies shall be made public; provided, information falling under any subparagraph of Article 9 (1) of the Official Information Disclosure Act need not be disclosed.
(2) The Minister of Personnel Management shall determine the details regarding the disclosure of audit results, such as the timing and method of disclosure.
[This Article Added on Jul. 13, 2015]
Article 15(Methods of publishing audit results) #
If the Minister of Personnel Management, under Article 17 (4) of the Act, publishes the name of an institution and relevant facts referred to in the subparagraphs of that paragraph, he or she may do so by posting such information on the Ministry’s website for at least 3 months. <Amended on Jul. 14, 2020>
[This Article Added on Apr. 16, 2019]
Article 16(Methods for reporting unlawful or improper personnel administration) #
(1) A person who intends to report unlawful or improper personnel administration under Article 17-2 (1) of the Act shall submit the following matters in writing (including electronic documents; hereinafter the same shall apply) to the Minister of Personnel Management:
1. Name, date of birth, address, and contact information of the informant;
2. The institution and public officials involved in the unlawful or improper personnel administration;
3. Background and reasons for the report;
4. Supporting evidence, if any, to substantiate the details of the report.
(2) The Minister of Personnel Management may, if necessary to identify the details of a report filed under paragraph (1), request supplementation of the report within a specified period not exceeding 10 days.
(3) A person who has filed a report under paragraph (1) may withdraw the report at any time before a decision under Article 17 (1) is made, and notwithstanding such withdrawal, if the Minister of Personnel Management deems that any unlawful or improper personnel administration has occurred, he or she may conduct an audit of the relevant matters.
[This Article Added on Jul. 14, 2020]
Article 17(Processing of reporting of unlawful or improper personnel administration) #
(1) The Minister of Personnel Management shall, within 30 days from the date of receipt a report under Article 16 (1) (where supplementation is requested under paragraph (2) of that Article, referring to the date the supplementation period expires), either close the case or decide to conduct an audit; in such cases, the relevant report may be closed only if it falls under any of the following subparagraphs:
1. Where the content of the report is clearly false;
2. Where the informant, after receiving a request for supplementation under Article 16 (2), fails to supplement the report within the specified period, or where the details of the report remain unspecified even after supplementation;
3. Where, after being notified of the results of the report, the informant resubmits the same report without good cause, such as the discovery of new facts;
4. Where it is deemed inappropriate to conduct an audit because an inspection, audit, investigation, or trial, etc. is underway under other statutes or regulations, etc.;
5. Where the report constitutes a simple civil petition, a suggestion, or a request for statutory interpretation, etc.;
6. Where the content of the report is deemed inappropriate as a subject of a personnel audit or where it is considered more appropriate for the report to be handled by another agency.
(2) If the Minister of Personnel Management closes a report under paragraph (1), he or she shall notify the informant of such closure and the reasons therefor. In such cases, the report falling under paragraph (1) 6 may be transferred to the relevant institution with the consent of the informant.
(3) If the Minister of Personnel Management decides to conduct an audit under paragraph (1), he or she shall immediately notify the informant of such fact, and shall notify the informant in writing of the result of the audit within 10 days from the date the audit is completed.
[This Article Added on Jul. 14, 2020]
Article 18(Reporting of disadvantageous personnel measures) #
An informant who has been subjected to any of the following disadvantageous personnel measures on the grounds of filing a report under Article 17-2 (1) of the Act may file a report regarding such fact with the Minister of Personnel Management under Article 16 (1):
1. Request for a resolution on disciplinary action, imposition of disciplinary action, caution, or warning under the Act;
2. Transfer, non-assignment of duties, or change of assigned positions within a department against his or her will;
3. Disadvantageous measures in the promotion screening process;
4. Disadvantageous measures in performance assessment, or in the payment of performance-based salary or bonuses;
5. Restriction on opportunities for education and training;
6. Other disadvantageous personnel measures against the informant's will.
[This Article Added on Jul. 14, 2020]
Article 19(Confidentiality) #
No person who has engaged in audit affairs and affairs related to reporting under Article 17-2 of the Act shall divulge any confidential information learned in the course of performing such affairs, or disclose the personal information of an informant without his or her consent.
[This Article Added on Jul. 14, 2020]