Article 1(Purpose) #
The purpose of this Decree is to contribute to enhancing national competitiveness and improving the quality of life of citizens by prescribing matters delegated by Article 4 of the Framework Act on Administration and Article 50-2 of the State Public Officials Act and matters necessary for the enforcement thereof, thereby encouraging proactive administration among State public officials within the Executive Branch and fostering a culture of public service that priortizes serving the public, including the prevention and elimination of passive administration. <Amended on Jul. 27, 2021>
Article 2(Definitions) #
The terms used in this Decree are defined as follows: <Amended on Aug. 25, 2020>
1. The term "proactive administration" means actions by public officials actively performing their duties based on their creativity and expertise to serve the public interest, such as by improving unreasonable regulations;
2. The term "passive administration" means actions by public officials that infringe on the rights and interests of citizens or cause financial losses to the State due to passive business practices, such as the omission or neglect of duties;
3. The term "central administrative agency" means a central administrative agency and the Office for Government Policy Coordination under Article 2(2) of the Government Organization Act.
Article 3(Relationship to other statutes or regulations) #
Except as provided in other statutes or regulations, this Decree shall apply to the proactive administration by State public officials within the Executive Branch.
Article 4(Responsibilities of heads of central administrative agencies) #
(1) The heads of central administrative agencies shall endeavor to prevent and eliminate passive administration by public officials under their jurisdiction and to promote proactive administration.
(2) When determining matters delegated pursuant to Article 10(2) of the Regulations on the Operation and Innovation of Administrative Affairs, the head of a central administrative agency shall take into account the influence and significance of policies or systems, such as the impact on the active performance of duties by public officials, the ripple effect on people's livelihoods, and potential conflicts of interests. <Amended on Jun. 27, 2023>
(3) The head of a central administrative agency shall take necessary measures to protect public officials under his or her jurisdiction in relation to civil and criminal liability arising from the implementation of proactive administration. <Added on Nov. 11, 2025>
Article 5(Request for opinions) #
(1) The head of an agency subject to self-audit under Article 12(1) of the Enforcement Decree of the Act on Public Sector Audits (hereinafter referred to as the "head of an agency subject to self-audit") may request the head of an audit organization defined in subparagraph 6 of Article 2 of the Act on Public Sector Audits (hereinafter referred to as "head of an audit organization") to provide an opinion on, among other things, the direction for the handling of the relevant business affairs where it is impracticable for a public official under his or her jurisdiction to actively perform his or her duties due to regulatory constraints related to authorization, permission, registration, reporting, etc. or unclear statutes or regulations, etc.
(2) If the head of the audit organization requested to present an opinion pursuant to paragraph (1) is unable to provide it due to the seriousness of the case or the involvement of at least 2 institutions, the head of the central administrative agency to which the head of the relevant audit organization belongs may request the Board of Audit and Inspection of Korea to provide an opinion on, among other things, the direction for the handling of the affairs under paragraph (1).
Article 6(Designation of dedicated departments) #
(1) The head of a central administrative agency shall designate an officer in charge of proactive administration and a department exclusively responsible for the general supervision and coordination of matters relating to the implementation of proactive administration within the relevant agency. <Amended on Nov. 11, 2025>
(2) The head of a central administrative agency shall designate an officer in charge of protection for proactive administration, who is responsible for supporting public officials implementing proactive administration under Article 18. In such cases, the officer in charge of proactive administration may concurrently serve as the officer in charge of protection for proactive administration. <Added on Nov. 11, 2025>
Article 7(Formulation of action plans for proactive administration) #
(1) The heads of central administrative agencies shall annually formulate and implement an action plan for proactive administration, including the following matters:
1. Identifying and implementing tasks to promote proactive administration;
2. Selecting outstanding public officials in proactive administration and providing preferential treatment to them;
3. Providing education on, and disseminating, proactive administration practices;
4. Presenting opinions under Article 5(1) and (2) (hereinafter referred to as "pre-consulting") and operating the proactive administrative immunity system under Articles 16 and 17;
5. Preventing, eliminating, and inspecting passive administration;
6. Other matters necessary to encourage proactive administration.
(2) The Minister of Personnel Management may request the head of a central administrative agency to submit an action plan for proactive administration and data on its outcomes.
(3) The Minister of Personnel Management may regularly evaluate the progress of proactive administration by central administrative agencies, and may grant commendations or monetary awards to outstanding institutions or public officials based on the evaluation results.
(4) The Minister of Personnel Management shall report the evaluation results under paragraph (3) to the State Council.
(5) The Minister of Personnel Management may implement educational and public relations projects to foster a culture of proactive administration among public officials based on the evaluation results under paragraph (3).
Article 8(Education on proactive administration) #
(1) The head of a central administrative agency shall provide education on proactive administration to public officials under his or her jurisdiction at least once a year.
(2) The president of the National Human Resources Development Institute for Human Resources for Public Officials under Article 3 of the Act on the Capacity Development of Public Officials and the head of a specialized education and training institute under Article 4 of that Act shall endeavor to develop educational programs related to proactive administration.
(3) Except as provided in paragraphs (1) and (2), matters necessary for conducting education on proactive administration and developing educational programs shall be determined by the Minister of Personnel Management.
Article 9(Legislation governing proactive administration) #
(1) The head of a central administrative agency shall enact or amend Presidential Decrees, Prime Ministerial Decree, and Decrees of the Ministry if legislative measures are required to implement a policy or system and if the content thereof does not need to be prescribed by statute.
(2) In any of the following cases, the head of a central administrative agency shall actively review the statutes or regulations under his or her jurisdiction and promptly improve them:
1. Where it falls under any subparagraph of Article 24(1) of the Regulations on Management of Legislative Affairs and legislative reform is deemed necessary as a result of reviewing a draft plan to reform statutes or regulations notified by the Minister of Government Legislation pursuant to paragraph (2) of that Article;
2. Where it is necessary to improve statutes or regulations due to changes in technology or the environment or where prompt reform of such statutes or regulations is deemed necessary to serve the public interest.
(3) When interpreting a statute or regulation in the course of implementing a policy, the head of a central administrative agency shall ensure that the public interest is be better served within the scope of the statute or regulation, and shall not restrict the rights of citizens or impose new obligations beyond the purpose of the statute or regulation.
(4) The Minister of Government Legislation shall establish standards for formulating statutes or regulations under paragraph (1) and for the principles of interpretation of statutes or regulations under paragraph (3) and disseminate those standards to central administrative agencies.
(5) The Minister of Government Legislation may select and grant an award to central administrative agencies that have actively engaged in legislative affairs pursuant to paragraphs (1) through (3).
Article 10(Legislative support for proactive administration) #
If requested by a central administrative agency to provide advice, consultation, education, etc. regarding the formulation, improvement, interpretation, etc. of statutes or regulations in the course of implementing proactive administration, the Minister of Government Legislation shall promptly provide the necessary support.
Article 11(Proactive administration committee) #
(1) A proactive administration committee (hereinafter referred to as the "Committee") shall be established in each central administrative agency to deliberate on matters relating to the implementation of proactive administration pursuant to Article 50-2(2) of the State Public Officials Act.
(2) "Matters prescribed by Presidential Decree" in Article 50-2 (2) 3 of the State Public Officials Act means the following: <Amended on Dec. 27, 2022; Nov. 11, 2025; Dec. 30, 2025>
1. Matters on which advice is provided by the head of an audit organization in response to a request for opinion on them from the head of an agency subject to self-audit under Article 5(1) as they require careful review because of the significant impact on the lives of the people or the involvement of various interested parties;
2. Matters relating to ex post facto approval under Article 13(2);
3. Matters relating to the selection of outstanding public officials in proactive administration and exemplary cases under Article 14;
4. Recommendation for immunity under Article 16(5);
5. Matters relating to support under Article 18(2) or (3);
6. Matters relating to submission of opinions under Article 18(4);
7. Other matters relating to the formulation and implementation of policies related to proactive administration, such as identifying tasks for proactive administration.
[This Article Wholly Amended on Jul. 27, 2021]
Article 12(Composition and operation of the Committee) #
(1) The Committee shall consist of at least 9 but not more than 45 members, including 1 chairperson, in consideration of gender. In such cases, at least 1/2 of the members shall be civilian members. <Amended on Aug. 25, 2020>
(2) The chairperson of the Committee shall be determined by the head of a central administrative agency from among public officials at the vice-ministerial level within the relevant central administrative agency (where the head of the relevant central administrative agency is a public official at the vice-ministerial level, referring to members in general service of the Senior Executive Service, or public officials equivalent thereto) or from among civilian members.
(3) The members of the Committee shall be appointed or commissioned by the head of a central administrative agency from among persons with abundant expertise and experience in the affairs of the relevant central administrative agency and relevant public officials, and shall include the head of an audit organization. <Amended on Jul. 27, 2021>
(4) Each civilian member of the Committee shall hold office for a term of 2 years and may be appointed consecutively only twice. <Added on Dec. 27, 2022>
(5) Each meeting of the Committee shall consist of the chairperson and at least 8 members designated by the chairperson. In such cases, the gender of the members shall be taken into account, and at least 1/2 of the members shall be civilian members. <Added on Aug. 25, 2020; Dec. 27, 2022>
(6) A majority of the members of the Committee under paragraph (5) shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. <Amended on Aug. 25, 2020; Dec. 27, 2022>
(7) If necessary, such as when deliberating on pending issues related to other central administrative agencies or local governments, the Committee may hold joint meetings with the committees of related agencies (in cases of local governments, referring to the proactive administration committees under Article 10 of the Regulations on the Management of Proactive Administration by Local Public Officials). <Added on Jul. 27, 2021; Dec. 27, 2022>
(8) If the chairperson deems that careful review is necessary due to regulations relating to authorization, permission, registration, reporting, etc. or due to unclear statutes or regulations, the chairperson may have the head of the audit organization submit an opinion. In such cases, the head of the organization shall reply with their opinion within 10 days; provided, if there is any unavoidable reason, the head of the organization may extend the period only once within a limit of 10 days. <Amended on Nov. 11, 2025>
(9) The chairperson may, if deemed necessary for deliberation, require interested parties to attend meetings of the Committee to present opinions or submit relevant data or opinions. <Added on Aug. 25, 2020; Jul. 27, 2021; Dec. 27, 2022; Nov. 11, 2025>
(10) Except as provided in paragraphs (1) through (9), matters necessary for the composition and operation of the Committee shall be determined by the Minister of Personnel Management. <Amended on Aug. 25, 2020; Jul. 27, 2021; Dec. 27, 2022; Nov. 11, 2025>
Article 12-2(Exclusion of, challenge to, or recusal of members) #
(1) If a member of the Committee falls under any of the following subparagraphs, he or she shall be excluded from deliberation and resolution on a relevant agenda item:
1. Where the member or his or her current or former spouse becomes a party to the relevant agenda item (where the party is a corporation or organization, etc., its executive officers or employees shall be included; hereafter in this subparagraph and subparagraph 2 the same shall apply) or is a joint holder of any right or obligation with a party to the relevant agenda item;
2. Where the member is or was a relative of a party to the relevant agenda item;
3. Where the member is currently performing or has performed duties, such as testimony, statement, consultation, research, service, or appraisal, regarding the relevant agenda item;
4. Where the member or a corporation, organization, etc. to which the member belongs is or was an agent of a party to the relevant agenda item.
(2) If any party to the relevant agenda item has grounds for exclusion as referred to in the subparagraphs of paragraph (1) or if the circumstances indicate that it would be impracticable to expect fair deliberations and resolutions by a member, he or she may file a motion for challenge to the member with the Committee, which shall make a decision thereon by resolution. In such cases, the challenged member shall not participate in the resolution.
(3) If a member falls under the grounds for exclusion referred to in the subparagraphs of paragraph (1), he or she shall recuse himself or herself from deliberation and resolution on the relevant agenda item.
[This Article Added on Jul. 27, 2021]
Article 12-3(Dismissal of members) #
If a civilian member of the Committee falls under any of the following, the head of a central administrative agency may dismiss him or her:
1. Where the member becomes unable to perform his or her duties due to a mental or physical disability;
2. Where the member engages in misconduct in connection with his or her duties;
3. Where the member is deemed unsuitable as a member due to neglect of duties, injury to dignity, or any other cause;
4. Where the member fails to recuse himself or herself pursuant to Article 12-2(3);
5. Where the member voluntarily admits that it is difficult for him or her to perform the duties.
[This Article Added on Dec. 27, 2022]
Article 13(Request for opinion of the Committee) #
(1) If it is impracticable for a public official to proactively perform his or her duties due to regulations relating to authorization, permission, registration, reporting, etc. or due to unclear statutes or regulations, etc., he or she may directly request the Committee to present an opinion on, among other things, on the course of action for handling the relevant duties. <Amended on Dec. 30, 2025>
(2) A public official may, within the period determined by the Minister of Personnel Management, obtain ex post facto approval from the Committee for the results of proactive administration if all of the following requirements are met: <Added on Dec. 30, 2025>
1. He or she has performed disaster management or safety management duties under subparagraph 3 or 4 of Article 3 of the Framework Act on the Management of Disasters and Safety;
2. Before performing the duties under subparagraph 1, there was insufficient time to request the presentation of an opinion from the Committee under paragraph (1) and to undergo the Committee's deliberation;
3. He or she exercised due care reasonably required for the performance of the duties under subparagraph 1.
[Title Amended on Dec. 30, 2025]
Article 14(Selection of outstanding public officials in proactive administration) #
(1) The head of a central administrative agency shall select any of the following public officials as outstanding public officials in proactive administration, following deliberation by the Committee annually; in such cases, the head of the central administrative agency may grant official commendations or monetary awards to the outstanding public officials selected: <Amended on Dec. 27, 2022; Nov. 11, 2025>
1. A public official who has achieved results by proactively implementing his or her duties;
1-2. A public official who has achieved results by identifying and improving unreasonable or excessive regulation;
2. A public official who has pursued creative and challenging policies and made efforts to achieve results;
3. Other public officials who have demonstrated a proactive attitude toward work, setting an example for the public officials of the central administrative agency to follow.
(2) The Minister of Personnel Management may hold an annual contest to identify exemplary cases of proactive administration and may grant official commendations or monetary awards to excellent institutions selected through such competition. <Amended on Aug. 25, 2020>
(3) The Minister of Personnel Management and Innovation may select and reward public officials who have made exemplary achievements through proactive administration, or may grant them a monetary award. <Added on Aug. 25, 2020>
(4) Matters relating to the selection of outstanding public officials under paragraph (1), the administration of contests for exemplary cases under paragraph (2), the selection of public officials of merit in proactive administration under paragraph (3), etc. shall be determined by the Minister of Personnel Management. <Amended on Aug. 25, 2020>
Article 15(Preferential treatment in personnel affairs) #
(1) The head of a central administrative agency shall grant at least 1 of the following preferential personnel measures to outstanding or meritorious public officials selected under Article 14 (in cases of public officials in special service, referring to the preferential personnel measures under relevant personnel affairs-related statutes or regulations, falling under the following), taking into account their performance in proactive administration, personal preferences, and the agency's personnel management conditions: <Amended on Aug. 25, 2020; Jul. 7, 2025>
1. Special promotion and appointment under Article 35-2(1)2 of the Decree on the Appointment of Public Officials;
2. Reduction of the service period for equivalent public officials under Article 35-3(1) of the Decree on the Appointment of Public Officials;
3. Reduction of the length of service required for promotion under Article 35-5(3)2 of the Decree on the Appointment of Public Officials;
4. Special elevation of salary grade under Article 16(1)2 of the Public Officials Remuneration Regulations;
5. Granting of the highest grade of performance-based bonuses under Article 7-2 of the Regulations on Allowances for Public Officials, the highest grade of performance-based incentives under Article 39 of the Public Officials Remuneration Regulations, or the highest grade in the evaluation of performance-based contracting, etc. under Article 20 of the Regulations on the Personnel Management of the Senior Executive Service; in such cases, a special additional performance-based bonus may also be paid under Article 7-2(6) of the Regulations on Allowances for Public Officials, and notwithstanding that paragraph, a public official who does not fall within the top 2 percent of outstanding service records or performance records, etc. may also be paid;
6. Granting of additional points under Article 27 of the Regulations on the Performance Evaluation of Public Officials;
7. A reward leave under Article 20(13) of the State Public Officials Service Regulations;
8. Other preferential treatment in personnel affairs determined by the Minister of Personnel Management, such as transfer to the preferred department, preferential selection for education and training, etc.
(2) If a public official who has received the Prime Minister's commendation or higher award pursuant to Article 14(3) is specially promoted and appointed pursuant to paragraph (1)1, he or she may be appointed in excess of the fixed number of personnel by rank or by class, and it shall be deemed that the relevant institution has a separate fixed number of personnel corresponding to the excess number of personnel until the current number of public officials coincides with the fixed number of personnel. In such cases, matters necessary for the procedures, operation, etc. of the special promotion and appointment shall be determined by the Minister of Personnel Management. <Amended on Aug. 25, 2020>
(3) In cases of granting the highest grade of performance-based bonuses and performance-based incentives or granting the highest grade in the evaluation of performance-based contracting, etc. pursuant to paragraph (1)5, the relevant public officials may not be included in the number of persons eligible for performance-based bonuses under Appendix 2-4 of the Regulations on Allowances for Public Officials, the number of persons eligible for performance-based incentives under Article 39(2) and Appendix 34-2 of the Public Officials Remuneration Regulations, or the number of persons eligible for the evaluation of performance-based contracting, etc. under Article 10(5) of the Regulations on the Performance Evaluation of Public Officials, within the budget. <Added on Aug. 25, 2020; Jan. 5, 2021>
(4) The Minister of Personnel Management may inspect whether the head of a central administrative agency has provided preferential treatment in personnel affairs under paragraphs (1) and (2) to the outstanding or meritorious public officials selected pursuant to Article 14 and may recommend the improvement thereof. <Amended on Aug. 25, 2020>
Article 16(Immunity from request for disciplinary action) #
(1) A public official who, in the course of implementing proactive administration, acts without intentional wrongdoing or gross negligence shall not be held liable, such as being subjected to disciplinary action or reprimand, etc. pursuant to Article 34-3 of the Board of Audit and Inspection Act and Article 23-2 of the Act on Public Sector Audits.
(2) If a public official performs his or her duties based on the opinion obtained through pre-consulting, he or she shall be presumed to meet the requirements for immunity under paragraph (1); provided, this shall not apply where a personal interest exists between the public official and the relevant business affairs or where the Board of Audit and Inspection or the head of an audit organization fails to provide sufficient information necessary for the pre-consulting.
(3) If a public official performs his or her duties in accordance with the opinions presented by the Committee under Article 13 (1), the public official shall be presumed to meet the requirements for immunity under Article 23-2 of the Act on Public Sector Audits. In such cases, if the opinions presented by the Committee under Article 13 (1) reflect the opinion submitted by the head of the audit organization under Article 12 (8), the public official shall also be presumed to meet the requirements for immunity under Article 34-3 of the Board of Audit and Inspection Act. <Added on Aug. 25, 2020; Nov. 11, 2025; Dec. 30, 2025>
(4) Notwithstanding paragraph (3), if a public official has a private interest in relation to the relevant duties or fails to provide sufficient information necessary for the Committee's deliberation, the public official shall not be presumed to meet the requirements for immunity under Article 23-2 of the Act on Public Sector Audits or Article 34-3 of the Board of Audit and Inspection Act. <Added on Nov. 11, 2025>
(5) If a public official becomes subject to an audit by the Board of Audit and Inspection under the Board of Audit and Inspection Act on the results of proactive administration, the Committee may, at the request of the public official or the head of the central administrative agency the public official is affiliated with, recommend to the Board of Audit and Inspection that immunity under Article 34-3 of that Act be granted. <Added on Aug. 25, 2020; Nov. 11, 2025>
Article 17(Exemption from disciplinary action) #
(1) If a public official implements proactive administration without intentional wrongdoing or gross negligence, no resolution on disciplinary action or on the imposition of disciplinary additional charges shall be made under statutes or regulations related to disciplinary action (hereinafter referred to as "resolutions on disciplinary action, etc.").
(2) A public official who performs his or her duties based on the opinion obtained through pre-consulting, shall not be subject to any resolution on disciplinary action, etc. in accordance with the statutes or regulations related to disciplinary action; provided, this shall not apply where a personal interest exists between the public official and the relevant business affairs or where the Board of Audit and Inspection or the head of an audit organization fails to provide sufficient information necessary for the pre-consulting.
(3) A public official who performs his or her duties based on the opinion presented by the Committee under Article 13 (1), shall not be subject to any resolution on disciplinary action, etc.; provided, this shall not apply where a personal interest exists between the public official and the relevant business affair or where the Committee fails to provide sufficient information necessary for its deliberation. <Amended on Dec. 30, 2025>
(4) If a public official obtains ex post facto approval from the Committee for the results of proactive administration under Article 13(2), no resolution on disciplinary action, etc. shall be made; provided, this shall not apply if the public official has a private interest in relation to the relevant duties or fails to provide sufficient information necessary for the Committee's deliberation. <Added on Dec. 30, 2025.>
(5) If a public official against whom a resolution on disciplinary action, etc. has been requested claims that the misconduct occurred as a result of proactive administration, the disciplinary committee under Article 2(1) of the Decree on Disciplinary Action against Public Officials (in the case of public officials in special service, referring to the disciplinary committee under the relevant statutes or regulations on disciplinary action) shall deliberate on the matter, taking such claim into account in accordance with the statutes or regulations on disciplinary action, and shall specifically state the results in the written resolution on disciplinary action and disciplinary additional charges (hereinafter referred to as "disciplinary action, etc."). <Amended on Aug. 25, 2020; Dec. 30, 2025>
Article 18(Support for public officials implementing proactive administration) #
(1) When submitting an opinion on whether to exercise the right of recourse pursuant to Article 12(1) of the Enforcement Decree of the Act on Litigation to Which the State Is a Party, the head of a central administrative agency shall clearly state whether the issue arose as a result of the proactive administration conducted by the relevant public official.
(2) The head of a central administrative agency shall provide necessary support so that a public official (including retired public officials in cases falling under subparagraphs 2 and 3) can obtain assistance from a legal expert, such as an attorney-at-law, in any of the following cases; provided, in cases falling under subparagraph 3, the costs of conducting litigation, including the appointment of a litigation agent, shall be supported after the acquittal becomes final by a court judgment: <Amended on Dec. 27, 2022, Nov. 11, 2025>
1. Where it is necessary to explain whether the public official meets the requirements for exemption from disciplinary action, etc. under Article 17 in response to a request for a resolution on disciplinary action, etc.;
2. Where the public official is under investigation prior to prosecution due to a criminal complaint or accusation, etc. related to actions taken as part of proactive administration.
3. Where litigation related to criminal liability has been conducted due to the implementation of proactive administration (limited to cases finally decided as not guilty by a court judgment).
(3) The head of a central administrative agency shall provide necessary support for conducting litigation, such as appointing a litigation agent, if a public official under his or her jurisdiction (including retired public officials; hereafter in this paragraph through paragraph (5) the same shall apply) conducts litigation related to civil liability due to the implementation of proactive administration. <Amended on Dec. 27, 2022; Nov. 11, 2025>
(4) The head of a central administrative agency may, upon the request of a public official under his or her jurisdiction, submit opinions to an investigative agency, etc., if the public official becomes subject to an investigation by an investigative agency or conducts litigation related to civil or criminal liability due to the implementation of proactive administration. <Amended Nov. 11, 2025>
(5) Except as provided in paragraphs (2) through (4), details necessary for supporting public officials implementing active administration and for submitting opinions shall be determined by the head of the central administrative agency. <Added on Nov. 11, 2025>
(6) If a person who has the right to request a resolution on disciplinary action, etc. pursuant to Article 7 (1) of the Decree on Disciplinary Action against Public Officials (in cases of public officials in special service, referring to a person who has the right to request a resolution on disciplinary action, etc. pursuant to the statutes or regulations related to disciplinary action, etc.; hereinafter referred to as "person with the right to request a resolution on disciplinary action, etc.") sends a copy of a written request for a resolution on disciplinary action, etc. against a disciplinary suspect, and shall inform such person that the Ombudsman for small and medium enterprises may recommend a mitigation of, or exemption from, disciplinary action if the act subject to resolution on disciplinary action, etc. occurs due to the active performance of duties for regulatory improvement. <Amended on Aug. 25, 2020; Dec. 27, 2022; Nov. 11, 2025>
Article 18-2(Citizens' application for proactive administration) #
(1) A person who has received any of the following notices on the ground that there are no statutes or regulations or that they are not clear may file an application (hereinafter referred to as "citizens' application for proactive administration") with the head of the competent central administrative agency to actively perform the relevant affairs:
1. A notice rejecting civil petitions (excluding other civil petitions under subparagraph 1a4) of Article 2 of that Act) pursuant to Article 27(1) of the Civil Petitions Treatment Act;
2. A notice indicating that a citizen suggestion has not been adopted pursuant to Article 10(1) of the Citizen Suggestion Regulations.
(2) A citizens' application for proactive administration shall be submitted through the online civil participant portal under subparagraph 16 of Article 12 of the Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission.
(3) If the Anti-Corruption and Civil Rights Commission deems that there are reasonable grounds for the citizens' application for proactive administration received pursuant to paragraph (2), the Anti-Corruption and Civil Rights Commission shall forward the application, along with its opinion, to the head of the competent central administrative agency.
(4) The head of the central administrative agency shall require public officials under his or her jurisdiction to actively conduct affairs by utilizing requests, etc. for opinions under Article 5 or 13 (1) after reviewing the details of citizens' applications for proactive administration. <Amended on Dec. 30, 2025>
(5) The head of the central administrative agency shall notify the Anti-Corruption and Civil Rights Commission of the results of the performance of duties by public officials under his or her jurisdiction pursuant to paragraph (4).
(6) Except as provided in paragraphs (1) through (5), the methods, procedures, and standards for handling citizens' applications for proactive administration, notification of the results, follow-up management, and other necessary matters shall be determined by the Anti-Corruption and Civil Rights Commission.
[This Article Added on Jul. 27, 2021]
Article 18-3(Reporting on passive administration) #
(1) Any person may report instances of passive administration by a public official to either the head of the central administrative agency to which he or she belongs or the reporting center for passive administration under paragraph (3).
(2) If the head of a central administrative agency deems that a report under paragraph (1) has reasonable grounds, he or she shall take appropriate measures, such as conducting an investigation to ascertain the facts, expeditiously addressing affairs, etc., and shall notify a person who filed such report of the results.
(3) The Anti-Corruption and Civil Rights Commission may operate a reporting center for passive administration to prevent and eliminate passive administration among public officials in central administrative agencies and may recommend that the head of a central administrative agency take appropriate measures concerning matters reported under paragraph (1).
(4) Details relating to the operation of the reporting center for passive administration under paragraph (3) and procedures for handling reported matters shall be determined by the Anti-Corruption and Civil Rights Commission.
[This Article Added on Jul. 27, 2021]
Article 19(Prevention and elimination of passive administration) #
A person with the right to request a resolution on disciplinary action, etc. shall take necessary measures, such as requesting a resolution on disciplinary action, etc. in accordance with the statutes or regulations related to disciplinary action, if instances of passive administration by public officials under his or her jurisdiction occur.
Article 20(Support for prevention of passive administration) #
(1) The Minister of Personnel Management and the Anti-Corruption and Civil Rights Commission may request the head of a central administrative agency to take measures to prevent and eliminate passive administration and to provide data related thereto. <Amended on Jul. 27, 2021>
(2) The Minister of Personnel Management and the head of a central administrative agency may implement educational and public relations projects for the prevention, elimination, etc. of passive administration.
(3) If a central administrative agency provides advice, or requests counseling, education, etc. to prevent, eliminate, etc. passive administration, the Anti-Corruption and Civil Rights Commission shall promptly provide the necessary support. <Added on Jul. 27, 2021>
Article 21(Application to public officials dispatched to work) #
(1) A public official who is dispatched to work under Article 32-4 of the State Public Officials Act (hereafter in this Article referred to as "dispatched public official") shall be subject to the management and supervision by the head of the agency to which he or she is dispatched (hereafter in this Article referred to as "the head of the agency to which he or she is dispatched") with respect to proactive administration during the dispatch period.
(2) The head of the agency to which he or she is dispatched may select a dispatched public official as an outstanding public official in proactive administration under Article 14(1), and shall notify the head of the agency to which the dispatched public official belongs of such fact if the selection is made.
(3) Upon receiving notification under paragraph (2), the head of the original competent agency may grant preferential treatment to the relevant public officials in personnel affairs under the subparagraphs of Article 15(1).
[This Article Added on Aug. 25, 2020]
Article 22(Special cases concerning application to public officials working for local governments) #
(1) When applying this Decree to educational officials over whom the superintendent of the office of education of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as the "City/Do superintendents of the offices of education") exercises appointing authority pursuant to Article 3 (5) of the Decree on the Appointment of Educational Officials, the following shall apply: <Amended on Nov. 11, 2025; Dec. 30, 2025>
1. The "head of a central administrative agency" in Article 5(2) shall be construed as "City/Do superintendent of the office of education" and the "Board of Audit and Inspection of Korea" shall be construed as "audit organization of a central administrative agency in charge of its affairs or the Board of Audit and Inspection of Korea";
2. The "head of a central administrative agency" in Article 8(1) shall be construed as "City/Do superintendent of the office of education";
3. The "Committee" in Article 13(1) and (2) shall be construed as "proactive administration committee under Article 10(1) of the Regulations on the Management of Proactive Administration by Local Public Officials";
4. The "head of a central administrative agency" in the provisions, with the exception of the subparagraphs, of Article 14(1) shall be construed as "City/Do superintendent of the office of education", and the "Committee" as "proactive administration committee under Article 10(1) of the Regulations on the Management of Proactive Administration by Local Public Officials";
5. The "head of a central administrative agency" in the provisions, with the exception of the subparagraphs, of Article 15(1) shall be construed as "City/Do superintendent of the office of education";
6. Notwithstanding Article 16, Article 15 of the Regulations on the Management of Proactive Administration by Local Public Officials shall apply mutatis mutandis to immunity from request for disciplinary action, etc.;
7. The "head of a central administrative agency" in Article 18(1) through (5) shall be construed as "City/Do superintendent of the office of education".
(2) When applying this Decree to firefighting officials over whom 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 (hereinafter referred to as the "Mayor/Do Governor") exercises appointing authority under Article 3(1) and (5) of the Decree on the Appointment of Fire Officials, the following shall apply: <Amended on Aug. 13, 2024; Nov. 11, 2025; Dec. 30, 2025>
1. The "head of a central administrative agency" in Article 5(2) shall be construed as "Mayor/Do Governor" and the "Board of Audit and Inspection of Korea" shall be construed as "audit organization of a central administrative agency in charge of its affairs or the Board of Audit and Inspection of Korea";
2. The "head of a central administrative agency" in Article 8(1) shall be construed as "Mayor/Do Governor";
3. The "Committee" in Article 13(1) and (2) shall be construed as "proactive administration committee under Article 10(1) of the Regulations on the Management of Proactive Administration by Local Public Officials";
4. The "head of a central administrative agency" in the provisions, with the exception of the subparagraphs, of Article 14(1) shall be construed as "Mayor/Do Governor", and the "Committee" as the "proactive administration committee under Article 10(1) of the Regulations on the Management of Proactive Administration by Local Public Officials";
5. The "head of a central administrative agency" in the provisions, with the exception of the subparagraphs, of Article 15(1) shall be construed as "City/Do superintendent of the office of education";
6. Notwithstanding Article 16, Article 15 of the Regulations on the Management of Proactive Administration by Local Public Officials shall apply mutatis mutandis to immunity from request for disciplinary action, etc.;
7. The "head of a central administrative agency" in Article 18(1) through (5) shall be construed as "Mayor/Do Governor".
[This Article Added on Aug. 25, 2020]