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ACT ON THE PREVENTION OF CORRUPTION AND THE ESTABLISHMENT AND MANAGEMENT OF THE ANTI-CORRUPTION AND CIVIL RIGHTS COMMISSION — 법갈피

영문법령 / ACT ON THE PREVENTION OF CORRUPTION AND THE ESTABLISHMENT AND MANAGEMENT OF THE ANTI-CORRUPTION AND CIVIL RIGHTS COMMISSION

ACT ON THE PREVENTION OF CORRUPTION AND THE ESTABLISHMENT AND MANAGEMENT OF THE ANTI-CORRUPTION AND CIVIL RIGHTS COMMISSION

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CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to handle grievance petitions, improve irrational administrative systems related thereto, prevent corruption and effectively regulate acts of corruption by establishing the Anti-Corruption and Civil Rights Commission so as to protect the basic rights and interests of the people, ensure appropriate public service and serve to create a clean climate in the civil service sector and in society.

Article 2(Definitions) #

The terms used in this Act are defined as follows: <Amended on Feb. 3, 2009; Mar. 29, 2016; Apr. 18, 2017; Apr. 16, 2019; Dec. 29, 2020; Apr. 26, 2022>

1. The term "public institution" means any of the following institutions and organizations; provided, in the case of item (e), any institution and organization shall be deemed public institutions only in cases where Chapter V is applicable:

(a) The administrative agencies at various levels under the Government Organization Act and the executive organs and local councils of local governments under the Local Autonomy Act;

(b) Educational administrative agencies under the Local Education Autonomy Act;

(c) The National Assembly under the National Assembly Act, the courts at various levels under the Court Organization Act, the Constitutional Court under the Constitutional Court Act, the election commissions at various levels under the Election Commission Act, the Board of Audit and Inspection under the Board of Audit and Inspection Act, and the Corruption Investigation Office for High Ranking Officials under the Act on the Establishment and Operation of the Corruption Investigation Office for High Ranking Officials (hereinafter referred to as the "Investigation Office");

(d) Public service-related organizations under Article 3-2 of the Public Service Ethics Act (hereinafter referred to as "public service-related organization");

(e) Private schools at various levels established under the Elementary and Secondary Education Act, the Higher Education Act, the Early Childhood Education Act and other statutes or regulations, and school juristic persons under the Private School Act to which the State or a local government provides contributions or subsidies;

Article 12(Functions) #

The Commission shall perform the following duties: <Amended on Jan. 25, 2010>

1. Establishing and implementing policies for protection of the rights of people, remedy of violated rights, and prevention of corruption;

2. Examining and processing grievance petitions and recommending rectification or expressing opinions related thereto;

3. Making recommendations or expressing opinions when it is deemed necessary to improve an administrative system that may result in a grievance petition and the operation of such system;

4. Investigating and evaluating the results of processing grievance petitions by the Commission and improvement of administrative systems;

5. Establishing and recommending policy measures to prevent corruption in public institutions and matters concerning institutional improvements, and investigating the actual status of the public institutions for such establishment and recommendation;

6. Investigating the actual status and evaluating the progress of the policy measures taken by public institutions to prevent corruption;

7. Establishing and implementing a plan for education and publicity for the prevention of corruption and remedy of violated rights;

8. Cooperating with and supporting individuals, corporations, or organizations related to the activities of the Commission, including supporting anti-corruption activities conducted by nonprofit, non-governmental organizations;

9. Promoting international cooperation in connection with the activities of the Commission;

10. Providing information and consultation about, as well as receiving, reports with respect to acts of corruption;

11. Protecting and rewarding reporting persons;

12. Examining statutes, regulations, etc. that could be abused as factors causing corruption;

13. Collecting, managing, and analyzing materials pertaining to prevention of corruption and remedy of violated rights;

14. Implementing and operating the code of conduct for public officials, receiving and processing reports on violations of it, and protecting reporting persons;

15. Providing information and consultation about civil petitions, ascertaining the actual status of the processing of civil petitions, and providing guidance on such processing;

16. Operating online civil participant portals in an integrated manner and installing and operating government call centers for civil petitions;

17. Providing cooperation, support, and education with respect to the activities of the Local Ombudsman;

18. Mediating and coordinating conflicts involving multiple parties, and surveying and processing corporate grievance petitions in order to redress hardships of enterprises;

19. Matters concerning the management of the Central Administrative Appeals Commission under the Administrative Appeals Act;

20. Matters under the jurisdiction of the Commission as provided for by other statutes or regulations;

21. Other matters that the Prime Minister submits to the Commission to enhance the rights and interests of the people.

Article 13(Organization of the Committee) #

(1) The Commission shall be comprised of 15 members (including three vice-chairpersons and three standing members), including one chairperson. In such cases, each of the vice-chairpersons shall assist the chairperson by taking charge of grievance petitions, anti-corruption, and the management of the Central Administrative Appeals Commission, respectively; provided, matters concerning the composition of the Central Administrative Appeals Commission shall be governed by the provisions of the Administrative Appeals Act. <Amended on Jan. 25, 2010>

(2) The chairperson, vice-chairpersons, and members shall be persons acknowledged as capable of conducting duties related to grievance petitions and anti-corruption fairly and independently and shall be appointed or commissioned from among any of the following persons:

1. A person who holds or has held an associate professorship or higher position, or other position equivalent thereto, for at least eight years at a university or authorized research institution;

2. A person who serves, or has served, as a judge, prosecutor, or attorney for at least 10 years;

3. A person who serves, or has served, as a public official of Grade III or higher, or a public official who belongs, or has belonged, to the Senior Executive Service;

4. A person who has the qualification of certified architect, tax accountant, certified public accountant, technician, or patent attorney and has or had been engaged, in such job field for at least 10 years;

5. A person who was commissioned as a member of the Local Ombudsman pursuant to Article 33 (1) and has served for at least four years;

6. A person who is well respected in society with profound knowledge and experience in public administration and who is recommended by a civic organization.

(3) The chairperson and vice-chairpersons shall be appointed by the President upon recommendation of the Prime Minister, and the standing members shall be appointed by the President upon recommendation of the chairperson, and non-standing members shall be appointed or commissioned by the President. In such cases, three non-standing members shall be appointed or commissioned upon recommendation of the National Assembly and another three non-standing members, upon recommendation of the Chief Justice of the Supreme Court. <Amended on Feb. 17, 2012>

(4) The chairperson and vice-chairpersons shall be appointed from among officials in political service, and the standing members shall be appointed from among public officials in general service belonging to the Senior Executive Service who are also public officials in a fixed-term position under Article 26-5 of the State Public Officials Act. <Amended on May 28, 2014>

(5) If the post of any member becomes vacant, a new member shall be appointed or commissioned without delay. In such cases, the term of office of the newly appointed or commissioned member shall begin anew.

Article 29(Hearing Opinions) #

(1) If necessary to perform the functions under subparagraphs 5 through 14 of Article 12, the Commission may take any of the following measures:

1. Requesting any public institution to provide explanations, materials, documents, etc., and conducting a survey of the actual status thereof;

2. Requesting any interested party, reference witness, or relevant public official to appear before the Commission and state his or her opinion.

(2) The Commission shall be prohibited from taking measures under paragraph (1) with respect to any of the following matters:

1. Matters concerning the confidential information of the State;

2. Matters concerning the appropriateness of an investigation, trial, and execution of sentence (including any security measure, security surveillance measure, protective detention measure, probation measure, protective internment measure, custodial treatment measure, and community service order), or matters on which an audit and inspection has been launched by the Board of Audit and Inspection;

3. Matters brought for an administrative adjudication or litigation, an adjudication of the Constitutional Court, a constitutional petition, an examination request filed with the Board of Audit and Inspection, and other procedures for protest and remedy in progress under other statutes;

4. Matters concerning procedures for mediating interests among parties concerned, including reconciliation, good offices, mediation, and arbitration, in progress under statutes or regulations;

5. Matters made definite by a judgment, decision, adjudication, reconciliation, mediation, arbitration, etc. or other matters on which the Audit and Inspection Commission has resolved in accordance with the Board of Audit and Inspection Act.

(3) The measures under each subparagraph of paragraph (1) shall be taken within the scope necessary for the Commission to perform its duties under each subparagraph of Article 12 and attention shall be paid not to hamper the performance of duties by any public institution.

(4) The head of any public institution shall sincerely comply with the request for submission of materials and cooperate in surveying the actual status under paragraph (1), and where he or she fails to comply with the request or to cooperate, he or she shall clarify the reasons therefor.

(5) The head of any public institution may require officials under his or her jurisdiction or relevant experts to be present at the Commission to state their opinions or to submit necessary materials in connection with institutional improvements, etc.

Article 39(Filing and Receipt of Grievance Petitions) #

(1) Any person (including foreigners residing in the Republic of Korea) may file a civil petition for grievance with the Commission or the Local Ombudsman (hereafter referred to as "civil rights committee" in this Chapter). In such cases, any person who has filed a grievance petition with a civil rights committee may also file a grievance petition with another civil rights committee.

(2) Any person who intends to file a grievance petition with a civil rights committee shall file such petition in writing (including electronic documents; hereinafter the same shall apply) stating each of the following matters; provided, in extenuating circumstances wherein a document cannot be submitted, an oral statement may be presented in its stead:

1. The name and address of the petitioner (the title, the location of the main office, and the name of the representative if the petitioner is a corporation or organization);

2. The purport and reason of filing and the factual description of the cause inducing the grievance petition;

3. Other matters prescribed by Presidential Decree, including the title of the relevant administrative agencies.

(3) Any petitioner may appoint any of the following persons as an agent in addition to his or her legal representative. In such cases, the qualification of the agent shall be clarified in writing:

1. The spouse, lineal descendant or ascendant, or brother or sister of the petitioner;

2. An executive officer or employee of the corporation which is the petitioner;

3. An attorney-at-law;

4. A person who can file a grievance petition on behalf of the petitioner pursuant to the provisions of other statutes;

5. A person who does not fall under above subparagraphs 1 through 4, but who has obtained permission from a civil rights committee.

(4) No civil rights committee may withhold or refuse to accept a grievance petition except when there are specific provisions in other statutes or regulations, nor it may return a grievance petition that has been received without justifiable grounds; provided, when a civil rights committee withholds, refuses, or returns a grievance petition, the reason therefor shall be notified to the petitioner without delay.

Article 43(Transfer of Grievance Petitions) #

(1) Any civil rights committee may transfer a grievance petition to a relevant administrative agency, etc., if the received grievance petition falls under any of the following subparagraphs; provided, the committee may dismiss such grievance petition without prejudice if it is deemed inappropriate to transfer it to the relevant administrative agency, etc.: <Amended on Apr. 16, 2019>

1. Matters requesting a highly political decision or matters regarding state secrets or official secrets;

2. Matters pertaining to the National Assembly, courts, the Constitutional Court, Election Commissions, the Board of Audit and Inspection, or local councils;

3. Matters concerning investigations and execution of sentences which are deemed appropriate to be processed by the competent authorities, or matters on which an audit and inspection has been launched by the Board of Audit and Inspection;

4. Matters brought for an administrative adjudication or litigation, an adjudication of the Constitutional Court, an examination request filed with the Board of Audit and Inspection, and other procedures for protest and remedy that are in process under other statutes;

5. Matters concerning procedures for mediating interests among parties concerned, including reconciliation, good offices, mediation, and arbitration, in progress under statutes or regulations;

6. Matters concerning relationships of rights and interests made definite by a judgment, decision, adjudication, reconciliation, mediation, arbitration, etc. or other matters which the Board of Audit and Inspection has requested for disposition;

7. Matters concerning relationships of rights and interests between individuals or privacy of individuals;

8. Matters concerning the acts of personnel administration for employees of administrative agencies, etc.;

9. Other matters deemed appropriate to be directly processed by the relevant administrative agency, etc.

(2) Where a civil rights committee transfers a grievance petition or dismisses it without prejudice under paragraph (1), it shall notify the petitioner of such fact, along with the grounds thereof without delay. In such cases, if deemed necessary, it may provide information about the procedures and measures necessary for a remedy of violated rights of the petitioner. <Amended on Apr. 16, 2019>

(3) Where the head of an administrative agency, etc. becomes aware of the fact that a grievance petition on which an investigation of a civil rights committee has begun falls under any of paragraph (1) 1 through 8, he or she shall notify the civil rights committee of such fact without delay. <Amended on Apr. 16, 2019>

(4) The head of an administrative agency, etc. to which a grievance petition falling under paragraph (1) 9 is transferred shall notify a civil rights committee of the results of processing the grievance petition, if requested by the civil rights committee. <Added on Apr. 16, 2019>

(5) A civil rights committee may directly process a grievance petition that has been transferred by the head of a relevant administrative agency, etc. on the ground that it is deemed reasonable for the civil rights committee to process it. In such cases, the transferred grievance petition shall be deemed received by the civil rights committee at the time of transfer. <Added on Apr. 16, 2019>

[Title Amended on Apr. 16, 2019]

Article 59(Verification and Referral of Details of Reports) #

(1) The Commission may, upon receipt of a report, verify the following matters from reporting persons:

1. Matters necessary to specify the details of reports, such as the personal information of reporting persons, and the reasons for and purport of reporting;

2. Matters concerning whether the details reported fall under any subparagraph of Article 29 (2).

(2) The Commission may request any reporting person to submit necessary materials to the extent necessary for ascertaining the truth of the matters specified in paragraph (1).

(3) The Commission shall, if deemed necessary to audit, investigate, or inspect any reported matter received, refer such matter to the Board of Audit and Inspection, any investigative agency, or the supervisory body of the relevant public institution (where the supervisory body does not exist, referring to the relevant public institution; hereinafter referred to as "inspection agency"); provided, where a report falls under any of the following cases, such case may be terminated without being referred to inspection agencies: <Amended on Apr. 16, 2019>

1. Where the details of a report are clearly false;

2. Where personal information about a reporting person is unknown;

3. Where a reporting person fails to supplement a written report, evidentiary materials, etc. within the period of supplementation determined by the Commission, although he or she has received a request for supplementation at least twice;

4. Where a reporting person files a further report on the notified matters regarding the results of processing the report without good cause;

5. Where the details of a report fall under those disclosed through news media, etc. and no new evidence is found other than the one already disclosed;

6. Where an audit, investigation, or inspection of the relevant act of corruption has been instituted or already completed according to other statutes or regulations;

7. Other cases prescribed by Presidential Decree, which do not require an audit, investigation, or inspection of an act of corruption.

(4) Where it is unclear whether any reported matter received is subject to referral or termination under paragraph (3) and where it is deemed reasonable for an inspection agency to address such reported matter, the Commission may forward them to the inspection agency. <Added on Jan. 4, 2022>

(5) Where the Commission cannot decide whether to refer a case under paragraph (3) even after verifying the fact from a reporting person pursuant to paragraph (1), it may give the person reported an opportunity to present his or her opinion or materials, to the extent necessary for such decision, only when he or she does not object to that. <Added on Aug. 17, 2021; Jan. 4, 2022>

(6) Where a person suspected of committing an act of corruption regarding which the Commission has received a report is any of the following high ranking officials and details of his or her suspected act of corruption require an investigation for criminal punishment and an institution of prosecution, the Commission shall file an accusation with the competent investigative agency, such as the prosecution, the Investigation Office, or the police, against him or her in the name of the Commission: <Amended on Mar. 21, 2017; Apr. 16, 2019; Dec. 29, 2020; Aug. 17, 2021; Jan. 4, 2022>

1. A public official with the rank of Vice Minister or higher;

2. The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor;

3. A police officer with the rank of superintendent general or higher;

4. A judge or a prosecutor;

5. A military officer with the rank of general;

6. A member of the National Assembly.

(7) The competent investigative agency shall notify the Commission of the findings of its investigation into an accusation filed under paragraph (6). The same shall also apply where the case in which the Commission has filed an accusation is already under investigation or is related to another case under investigation. <Amended on Dec. 29, 2020; Aug. 17, 2021; Jan. 4, 2022>

(8) The Commission shall address any reported matter received within 60 days of receiving it. In such cases, if supplementation, etc. are deemed necessary to verify the matters under paragraph (1) 1, the period may be extended by up to 30 days. <Amended on Apr. 16, 2019; Aug. 17, 2021; Jan. 4, 2022>

(9) The Commission shall address any reported matter that includes State secrets, as prescribed by Presidential Decree. <Added on Apr. 16, 2019; Aug. 17, 2021; Jan. 4, 2022>

[Title Amended on Jan. 4, 2022]

Article 60(Handling of Findings of Inspection) #

(1) An inspection agency shall complete its audit, investigation, or inspection of a case within 60 days from the date a report thereon is referred or forwarded to the inspection agency; provided, if any good reason exists, the period may be extended and the inspection agency shall notify the Commission of the reason for such extension and the extended period. <Amended on Jan. 4, 2022>

(2) An inspection agency to which a report is referred or forwarded under Article 59 (3) or (4) (including other inspection agencies to which the inspection agency refers, re-refers, requests an audit on, transmits, requests an investigation of, or files an accusation on any report referred to the inspection agency; hereafter in this Article the same shall apply) shall notify the Commission of the findings of an audit, investigation, or inspection within 10 days from the date it completes such audit, investigation, or inspection. <Amended on Dec. 10, 2019; Jan. 4, 2022>

(3) Upon receipt of the findings of an audit, investigation, or inspection pursuant to paragraph (2), the Commission shall notify the reporting person of the gist of the findings, and may request the inspection agency to explain the details of such notification, if necessary. <Amended on Jan. 4, 2022>

(4) Upon receipt of notification under paragraph (3), a reporting person may file an objection to the findings of an audit, investigation, or inspection with the Committee. <Added on Jan. 4, 2022>

(5) Where an audit, investigation, or inspection conducted by an inspection agency to which a report is referred or forwarded under Article 59 (3) is deemed inadequate, the Commission may request the inspection agency to conduct a re-investigation stating reasonable grounds, such as the submission of new evidential materials, within 30 days from the date it is notified of the findings of the audit, investigation, or inspection. <Amended on Jan. 4, 2022>

(6) An inspection agency requested to conduct a re-investigation shall notify the Commission of the findings thereof within seven days from the date it completes the re-investigation. In such cases, the Commission upon receipt of the notification shall immediately serve a notice on the reporting person of the gist of the findings of the investigation. <Amended on Jan. 4, 2022>

Article 62-2(Applications for Measures of Status Guarantee) #

(1) Where a reporting person has been or is expected to be subject to disadvantageous measures due to a report, etc., he or she may apply for reinstatement of the relevant disadvantageous measures or other necessary measures (hereinafter referred to as "measures of status guarantee, etc.") to the Commission, as prescribed by Presidential Decree.

(2) A reporting person shall apply for measures of status guarantee, etc. within one year from the date disadvantageous measures are taken (referring to the date of termination of the disadvantageous measures, if such disadvantageous measures continue); provided, where the reporting person is unable to apply for measures of status guarantee, etc. within one year due to an act of God, war, disturbance, or any other force majeure event, he or she may file an application within 14 days (referring to 30 days in cases of an application for measures of status guarantee, etc. from abroad) from the date the relevant grounds cease to exist.

(3) Where an application for measures of status guarantee, etc. falls under any of the following subparagraphs, the Commission may dismiss such application without prejudice by decision and notify such fact in writing to a person who applies for measures of status guarantee, etc. (hereinafter referred to as "applicant for status guarantee") and the head of an institution, organization, enterprise, etc. to which the applicant belongs or the head of a relevant institution, organization, enterprise, etc. (hereinafter referred to as "head of an institution, etc. to which the applicant belongs"), respectively; provided, where the applicant for status guarantee is likely to be subject to disadvantageous measures, etc. due to such notification, the notification need not be given to the head of the institution, etc. to which the applicant belongs. <Amended on Jan. 4, 2022>

1. Where an applicant files an application after the period of application under paragraph (2);

2. Where a person who is neither a reporting person nor an agent prescribed in Article 12 (1) of the Administrative Procedures Act files an application;

3. Where an applicant files an application again for taking measures of status guarantee, etc. against the same disadvantageous measures on which he or she has received a decision of a dismissal without prejudice, a decision requested to take measures of status guarantee, etc. under Article 62-3 (1), or a decision to dismiss a recommendation to take measures of status guarantee, etc. under paragraph (2) of that Article or an application for measures of status guarantee, etc. under paragraph (3) of that Article;

4. Where an applicant has already been granted remedies according to the procedures for remedial measures under other statutes or regulations;

5. Where an applicant fails to meet the requirements for application for measures of status guarantee, etc. because of falling under any of the subparagraphs of Article 59 (3) and where the measures of status guarantee, etc. are deemed unnecessary.

(4) The Commission shall inspect an application filed under paragraph (1) (excluding cases of decisions of a dismissal without prejudice under paragraph (3)). In such cases, the Commission may request any of the following persons to appear before the Commission to hear his or her statements or request the submission of a written statement or materials or the inquiry about facts or information, and those upon receipt of such request from the Commission shall sincerely comply with it:

1. An applicant for status guarantee;

2. A person who has taken disadvantageous measures;

3. A person for reference;

4. A relevant institution, organization, enterprise, etc.

(5) The Commission shall give the head of an institution, etc. to which the applicant belongs, an opportunity to fully vindicate themselves in the course of inspection.

[This Article Added on Apr. 16, 2019]

[Previous Article 62-2 moved to Article 62-5 <Apr. 16, 2019>]

Article 62-3(Decision to Take Measures of Status Guarantee) #

(1) Where an inspection finds that an applicant for status guarantee has been or is expected to be subject to disadvantageous measures (excluding any disadvantageous measure falling under subparagraph 7 (h) and (i) of Article 2) due to reporting, etc., the Commission shall make a decision to request the head of an institution, etc. to which the applicant belongs to take the following measures of status guarantee, etc. (hereinafter referred to as "decision to take measures of status guarantee, etc.") for a specified period not exceeding 30 days, and the head of the institution, etc. to which the applicant belongs shall comply therewith unless there is a compelling reason not to do so:

1. Measures of reinstatement;

2. Payment of differentiated wages paid, wages in arrears, etc. (including interest). In such cases, the standards for payment of wages, the methods for computation thereof, etc. shall be prescribed by Presidential Decree;

3. Cancellation or prohibition of disadvantageous measures;

4. Transfer or other necessary measures.

(2) Where an inspection finds that an applicant for status guarantee, etc. has been or is expected to be subject to disadvantageous measures falling under subparagraph 7 (h) or (i) of Article 2 due to reporting, etc., the Commission may recommend the head of an institution, etc. to which the applicant belongs to take necessary measures of status guarantee, etc., such as maintaining the effects of authorization, permission, or contracts, (hereinafter referred to as "recommendation to take measures of status guarantee, etc.") for a specified period not exceeding 30 days.

(3) Where an inspection finds that an applicant for status guarantee, etc. has not been or is not expected to be subject to disadvantageous measures due to reporting, etc., the Commission shall make a decision to dismiss an application for measures of status guarantee, etc. (hereinafter referred to as "decision of dismissal").

(4) Where the Commission makes a decision to take measures of status guarantee, etc., it may request any disciplinary action against a person who has taken disadvantageous measures due to a report, etc. from a person authorized to take disciplinary actions.

(5) Where an applicant for status guarantee, etc. who is a public official requests the Commission to take measures regarding personnel affairs including the shift of job, transfer, occupancy, and secondment, the Commission may request the Minister of Personnel Management or the head of an institution related to the request for personnel affairs to take necessary measures, if such request is deemed reasonable. In such cases, the Minister of Personnel Management or the head of a relevant institution shall give preferential consideration to the request from the Commission and notify the Commission of the results thereof.

(6) Where the Commission makes a decision or recommendation to take measures of status guarantee, etc. or makes a dismissal decision, it shall give written notification to the applicant for status guarantee, etc. and the head of the institution, etc. to which the applicant belongs, respectively.

[This Article Added on Apr. 16, 2019]

Article 68(Awards and Rewards) #

(1) Where a report on an act of corruption filed with the Commission or public institutions causes property gains of public institutions, prevents damage to such property, or enhances the public interest, the Commission may recommend that the relevant reporting person be granted awards under the provisions of the Awards and Decorations Act, etc. and may grant monetary awards, as prescribed by Presidential Decree; provided, where a report on an act of corruption is filed with a public institution, the same shall apply only where the relevant public institution recommends awards or requests the payment of monetary awards. <Amended on Apr. 16, 2019>

(2) If reporting has resulted directly in recovering or increasing revenues or cutting down costs of a public institution or the legal relationship thereon is confirmed, the relevant reporting person may apply to the Commission for payment of monetary rewards therefor. <Amended on Apr. 16, 2019>

(3) Where a reporting person, a cooperator under Article 65, or his or her relative or cohabitant suffers or pays any of the following losses or expenses in relation to a report, etc., he or she may file an application for payment of relief funds with the Commission: <Added on Apr. 16, 2019; Jan. 4, 2022>

1. Expenses incurred in physical or mental treatment, etc.;

2. Expenses incurred in transference, dispatched service, etc.;

3. Expenses incurred in the procedures for cases and controversies arising on the grounds of reports, etc. on acts of corruption;

4. The amount of wages lost during the period of disadvantageous measures;

5. Other significant economic losses (excluding losses under subparagraph 7 (h) and (i) of Article 2).

(4) Upon receipt of an application for payment of monetary rewards under paragraph (2), the Commission shall pay the applicant such monetary rewards following deliberation and resolution by the Reward Deliberative Committee established in accordance with Article 69, as prescribed by Presidential Decree; provided, with respect to a report filed by any public official in connection with his or her duties or by a former public official in connection with his or her duties while in office, such monetary rewards may be reduced or need not be paid. <Amended on Apr. 16, 2019; Jan. 4, 2022; Mar. 21, 2023>

(5) Upon receipt of an application for payment of relief funds under paragraph (3), the Commission may pay the applicant such relief funds following deliberation and resolution by the Reward Deliberative Committee established in accordance with Article 69, as prescribed by Presidential Decree; provided, where the chairperson of the Commission deems it urgent, he or she may preferentially pay all or some of relief funds before deliberation and resolution by the Reward Deliberative Committee, as prescribed by Presidential Decree. <Added on Jan. 4, 2022>

(6) An application for payment of monetary rewards under paragraph (2) shall be filed within three years from the date the confirmation of legal relationship of the recovery or increase of revenues or the retrenchment of costs of the public institution is known; provided, the application for payment of monetary rewards shall not be filed where five years have passed from the date such legal relationship was confirmed. <Amended on Apr. 16, 2019; Jan. 4, 2022>

(7) With respect to the payment of relief funds under paragraph (5), the Commission may investigate the applicant and other interested parties or inquire of the heads of relevant agencies about necessary matters. In such cases, the heads of the relevant agencies shall comply with such request unless there is a compelling reason not to do so. <Amended on Feb. 13, 2024>

(8) If a reporting person, a cooperator under Article 65, his or her relative or cohabitant has received compensation for damages or expenses prescribed in any subparagraph of paragraph (3), the relief fund shall not be paid to the extent of the amount of such compensation. <Added on Feb. 13, 2024>

(9) When the Commission has paid the relief fund pursuant to paragraph (5), it shall exercise the right of subrogation for the claim for compensation for damages or expenses incurred by the person who has been paid the relevant relief fund, to the extent of the damage or expenses falling under any subparagraph of paragraph (3). <Added on Feb. 13, 2024>

[Title Amended on Apr. 16, 2019]

Article 69(Reward Deliberative Committee) #

(1) The Commission shall establish a Reward Deliberative Committee to deliberate and decide on matters concerning the payment of monetary awards, monetary rewards, and relief funds under Article 68. <Amended on Apr. 16, 2019>

(2) The Reward Deliberative Committee shall deliberate and decide on the following matters: <Amended on Apr. 16, 2019>

1. Matters concerning requirements for payment of monetary awards, monetary rewards, and relief funds;

2. Matters concerning the amount of monetary awards, monetary rewards, and relief funds to be paid;

3. Other matters concerning payment of monetary awards, monetary rewards, and relief funds.

(3) The Reward Deliberative Committee shall be comprised of seven members including one chairperson. <Added on Apr. 16, 2019>

(4) The chairperson of the Reward Deliberative Committee shall be appointed by the chairperson of the Commission from among the members of the Commission following decision by the Commission, and other members of the Reward Deliberative Committee shall be comprised of the following persons; provided, a person who is not a citizen of the Republic of Korea or falls under any of the subparagraphs of Article 33 of the State Public Officials Act shall not become a member of the Reward Deliberative Committee: <Added on Apr. 16, 2019>

1. One person belonging to the Commission who is appointed by the chairperson of the Commission among public officials at the director-general level;

2. Five persons among experts in law, accounting, appraisal, or other relevant fields who have knowledge of and experience in corruption prevention and rewards and persons recommended by non-profit, non-governmental organizations defined in Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act, who are commissioned by the chairperson of the Commission following resolution by the Commission.

(5) Each member under paragraph (4) 2 shall hold office for a term of two years and may be appointed consecutively for only one further term. <Added on Apr. 16, 2019>

(6) Except as provided in paragraphs (1) through (5), matters necessary for the composition and operation of the Reward Deliberative Committee shall be prescribed by Presidential Decree. <Amended on Apr. 16, 2019>

Article 71(Prohibition of Duplicate Payment of Monetary Rewards) #

(1) Any person entitled to monetary rewards, etc. pursuant to this Act shall not be prohibited from applying for monetary rewards, etc. in accordance with other statutes or regulations. <Amended on Apr. 16, 2019; Jan. 4, 2022>

(2) Where a person entitled to monetary awards or monetary rewards under Article 68 (1) or (2) has received monetary awards or monetary rewards under this Act or monetary awards, monetary rewards, etc. under other statutes or regulations on the same grounds, if the amount of the monetary awards, monetary rewards, etc. received is equal to or greater than the amount of the monetary awards or monetary rewards to be paid under this Act, the Commission shall not pay any monetary awards or monetary rewards, and if the amount of the monetary awards, monetary rewards, etc. received is less than the amount of the monetary awards or monetary rewards to be paid under this Act, the former amount shall be deducted when the Commission determines the amount of monetary awards or monetary rewards. <Amended on Jan. 4, 2022>

(3) Where a person entitled to relief funds under Article 68 (3) has received relief funds under this Act or other statutes or regulations on the same grounds, if the amount of the relief funds received is equal to or greater than the amount of the relief funds to be paid under this Act, the Commission shall not pay any relief funds, and if the amount of the relief funds received is less than the amount of the relief funds to be paid under this Act, the former amount shall be deducted when the Commission determines the amount of relief funds. <Amended on Jan. 4, 2022>

(4) Where a person entitled to monetary awards, monetary rewards, etc. under other statutes or regulations has received monetary awards or monetary rewards under this Act on the same grounds, if the amount of the monetary awards or monetary rewards received is equal to or greater than the amount of the monetary awards, monetary rewards, etc. to be paid under other statutes or regulations, an institution required to pay monetary awards, monetary rewards, etc. under other statutes or regulations shall not pay them, and if the amount of the monetary awards or monetary rewards received is less than the amount of the monetary awards, monetary rewards, etc. to be paid under other statutes or regulations, the former amount shall be deducted when the Commission determines the amount of monetary awards, monetary rewards, etc. <Added on Jan. 4, 2022>

(5) Where a person entitled to relief funds under other statutes or regulations has received relief funds under this Act on the same grounds, if the amount of the relief funds received is equal to or greater than the amount of the relief funds to be paid under other statutes or regulations, an institution required to pay relief funds under other statutes or regulations shall not pay them, and if the amount of the relief funds received is less than the amount of the relief funds to be paid under other statutes or regulations, the former amount shall be deducted when the Commission determines the amount of relief funds. <Added on Jan. 4, 2022>

[Title Amended on Jan. 4, 2022]

Article 72(Right to Request Audits and Inspections) #

(1) Where dealing with administrative affairs by a public institution seriously harms public interest because it violates statutes or regulations or is involved in an act of corruption, any citizen aged 18 or over may request an audit and inspection from the Board of Audit and Inspection by presenting a petition signed by at least a specified number of citizens prescribed by Presidential Decree; provided, with respect to the administrative affairs dealt with by the National Assembly, courts, the Constitutional Court, Election Commissions, or the Board of Audit and Inspection, such request shall be made to the Speaker of the National Assembly, the Chief Justice of the Supreme Court, the President of the Constitutional Court, the Chairperson of the National Election Commission, or the Chairperson of the Board of Audit and Inspection (hereinafter referred to as the "head of a relevant public institution"). <Amended on Jan. 7, 2009; Jan. 4, 2022>

(2) Notwithstanding the provisions of paragraph (1), the any of the following matters shall be excluded from the subject of a request for an audit and inspection:

1. Matters pertaining to the confidential information and security of the State;

2. Matters pertaining to investigations of, trials on, and execution of penalties (including any security measure, any security surveillance measure, any protective detention measure, any probation measure, any protective internment measure, any custodial treatment measure, and any community service order);

3. Matters pertaining to private relationships of rights and duties or individual privacy;

4. Matters that have been or are under audit and inspection by other public institutions; provided, this shall not apply where a new matter is discovered or an important matter is omitted in such audit and inspection already conducted;

5. Other matters over which it is reasonably deemed inappropriate to conduct an audit and inspection, as prescribed by Presidential Decree.

(3) Notwithstanding paragraph (1), any request for audit and inspection pertaining to dealing with the administrative affairs under the jurisdiction of local governments and their heads shall be governed by Article 21 of the Local Autonomy Act. <Amended on Jan. 12, 2021>

Article 82(Restrictions on Employment of Persons Dismissed for Corruption) #

(1) A person dismissed for corruption, etc. means any of the following persons: <Amended on Mar. 29, 2016; Jan. 4, 2022>

1. Any public official who automatically retires or is dismissed or discharged from office for committing an act of corruption in connection with his or her duties while in office;

2. A former public official who is sentenced to a fine of three million won or heavier punishment for committing an act of corruption in connection with his or her duties while in office (including a person for whom the period of suspending the execution of the relevant punishment declared by a court expires).

(2) A person dismissed for corruption, etc. under paragraph (1) (hereinafter referred to as "person dismissed for corruption, etc.") shall not be employed by any of the following employment-restricted institutions for five years from the date specified in each subparagraph of paragraph (3): <Added on Mar. 29, 2016; Jan. 4, 2022>

1. A public institution (including a national or public school established under the Early Childhood Education Act, the Elementary and Secondary Education Act, the Higher Education Act, or other statutes or regulations);

2. An institution involved in an act of corruption prescribed by Presidential Decree;

3. For-profit private enterprise, etc. (including the following juristic persons) which has close relations with the business affairs of the department or institution to which he or she belonged for not less than five years before he or she retires:

(a) A law firm under Article 40 of the Attorney-at-Law Act, a law firm (limited liability) under Article 58-2 of that Act, a law firm partnership under Article 58-18 of that Act, and a law office under Article 89-6 (3) of that Act;

(b) An accounting corporation under Article 23 (1) of the Certified Public Accountant Act;

(d) A foreign legal consultant office under subparagraph 4 of Article 2 of the Foreign Legal Consultant Act;

(e) Deleted; <Jan. 4, 2022>

(f) Deleted; <Jan. 4, 2022>

(g) An institution that is a private school at various levels established under the Early Childhood Education Act, the Elementary and Secondary Education Act, the Higher Education Act, or other statutes or regulations, or a school foundation defined in the Private School Act and that is not a public institution;

(h) A general hospital under Article 3-3 of the Medical Service Act, and a medical corporation under Article 33 (2) 3 of that Act and a non-profit corporation establishing a general hospital under Article 33 (2) 4 of that Act;

(i) A social welfare foundation under subparagraph 3 of Article 2 of the Social Welfare Services Act and a non-profit corporation operating a social welfare facility under subparagraph 4 of that Article;

4. A corporation or organization (hereinafter referred to as the "association") established for the purpose of pursuing common interests and mutual cooperation with a for-profit private enterprise, etc. prescribed in subparagraph 3.

(3) The period of restricting employment under paragraph (2) shall be computed from the following relevant date: <Added on Jan. 4, 2022>

1. Where a person is automatically retired, dismissed, or discharged from office: The date of retirement;

2. Where a person is sentenced to a fine of three million won or more (including where the person is sentenced to suspension of the execution of the relevant punishment): The date the relevant judgment becomes final and conclusive;

3. Where a person is sentenced to suspension or loss of qualification: The date the relevant judgment becomes final and conclusive;

4. Where a person is sentenced to imprisonment without or with labor: The date the relevant punishment is completely executed (including where such execution is deemed completed) or the date the non-execution of the punishment becomes final because of an amnesty, exemption from the execution, etc., whichever comes earlier;

5. Where a person is sentenced to suspension of the execution of imprisonment without or with labor: The date the relevant judgment becomes final and conclusive;

6. Where a person is sentenced to death: The date the non-execution of such punishment becomes final because of an amnesty, etc.

(4) In determining whether or not employment under paragraph (2) occurs, if any person deals with any business affairs of an employment-restricted institution or provides assistance thereto, such as advice and counsel, and receives wages, salaries, etc. in return for such service on a regular basis or during a specified period, such person shall be deemed to be employed, regardless of his or her position or duties, such as an outside director, consultant, or advisor prescribed in the Commercial Act, and regardless of the type of contract. <Added on Mar. 29, 2016; Jan. 4, 2022>

(5) Article 17 (2), (3), (5) and (8) of the Public Service Ethics Act shall apply mutatis mutandis to the scope of close relations between the business affairs of the department or institution to which a public official belonged prior to his or her retirement and a for-profit private enterprise, etc. under paragraph (2) 3. <Amended on Mar. 29, 2016; Jan. 4, 2022>

(6) The head of a public institution shall, without delay, inform a person dismissed for corruption, etc., of the fact that he or she is prohibited from being employed by an employment-restricted institution pursuant to paragraph (2). <Added on Jan. 4, 2022>

[Title Amended on Mar. 29, 2016]

ACT ON THE PREVENTION OF CORRUPTION AND THE ESTABLISHMENT AND MANAGEMENT OF THE ANTI-CORRUPTION AND CIVIL RIGHTS COMMISSION

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Responsibilities of Public Institutions) #

Article 4(Responsibilities of Political Parties) #

Article 5(Duties of Enterprises) #

Article 6(Duties of Citizens) #

Article 7(Public Official’s Obligation of Integrity) #

Article 7-2 #

Article 8(Code of Conduct for Public Officials) #

Article 9(Guarantee of Livelihood for Public Officials) #

Article 10(Request for Cooperation to Civil Rights Remedy Agencies) #

Article 11(Establishment of Anti-Corruption and Civil Rights Commission) #

Article 12(Functions) #

Article 13(Organization of the Committee) #

Article 14(Chairperson) #

Article 15(Grounds for Disqualification of Members) #

Article 16(Independence of Work and Guarantee of Position) #

Article 17(Prohibition against Holding Concurrent Offices) #

Article 18(Exclusion of, Challenge to, or Recusal of Members) #

Article 19(Resolution of Commission) #

Article 20(Subcommittees) #

Article 21(Working Groups) #

Article 22(Expert Members) #

Article 23(Establishment of Secretariat) #

Article 24(Advisory Organization) #

Article 25(Dispatch of Public Officials) #

Article 26(Report and Publication of Operational Status) #

Article 27(Recommendation for Institutional Improvements) #

Article 27-2(Investigation and Evaluation of Corruption of Public Institutions) #

Article 27-3(Publication of Results of Investigation and Evaluation) #

Article 28(Examination of Statutes or Regulations that Could Be Abused as Factors Causing Corruption) #

Article 29(Hearing Opinions) #

Article 30(Confidentiality) #

Article 31 #

Article 32(Establishment of Local Ombudsman) #

Article 33(Qualifications of Members of Local Ombudsman) #

Article 34(Financial Support) #

Article 35(Application Mutatis Mutandis of Provisions on Commission) #

Article 36(Administrative Organization) #

Article 37(Report and Publication of Operational Status) #

Article 38(Structure and Operation of Local Ombudsman) #

Article 39(Filing and Receipt of Grievance Petitions) #

Article 40(Mutual Notification of Same Grievance Petitions) #

Article 41(Investigation of Grievance Petitions) #

Article 42(Method of Investigation) #

Article 43(Transfer of Grievance Petitions) #

Article 44(Recommendation of Settlement) #

Article 45(Mediation) #

Article 46(Recommendation of Rectification and Expression of Opinions) #

Article 47(Recommendation for Institutional Improvements and Expression of Opinions) #

Article 48(Opportunities to Present Opinions) #

Article 49(Notice of Decision) #

Article 50(Notification of Processing Result) #

Article 51(Request for Audit and Inspection) #

Article 52(Confirmation and Inspection of Actual Status of Compliance with Recommendations) #

Article 53(Publication) #

Article 54(Mutual Relationship between Civil Rights Committees) #

Article 55(Reporting of Acts of Corruption) #

Article 56(Obligation of Public Officials to Report Acts of Corruption) #

Article 57(Duty of Good Faith of Reporting Persons) #

Article 57-2(Responsibilities of the Government and Local Governments) #

Article 58(Methods of Reporting) #

Article 58-2(Reporting by Proxy under Pseudonyms) #

Article 59(Verification and Referral of Details of Reports) #

Article 60(Handling of Findings of Inspection) #

Article 61(Application for Adjudication) #

Article 61-2(Filing Objections) #

Article 62(Prohibition of Disadvantageous Measures) #

Article 62-2(Applications for Measures of Status Guarantee) #

Article 62-3(Decision to Take Measures of Status Guarantee) #

Article 62-4(Filing Administrative Litigation) #

Article 62-5(Temporary Suspension of Procedures for Disadvantageous Measures) #

Article 62-6(Charges for Compelling Compliance) #

Article 63(Presumption of Disadvantages) #

Article 63-2(Recommendation for Reconciliation) #

Article 64(Confidentiality of Reporting Persons) #

Article 64-2(Personal Protective Measures) #

Article 65(Protection of Cooperators) #

Article 66(Mitigation of Culpability) #