Article 5(Reporting on Persons Related with Private Interests and Applications for Recusal and Challenges) #
(1) Where a public servant who performs any of the following duties becomes aware that a person related to his or her duties (including the agent of such person; hereafter in this Article, the same shall apply) is a person related with private interests, he or she shall file a report on such fact with the head of the affiliated institution in writing (including electronic documents; hereinafter the same shall apply) within 14 days from the date of becoming aware of the fact, and shall apply for recusal of himself or herself:
1. Authorization, permission, license, patent, approval, examination, verification, testing, certification, confirmation, designation, registration, recording, recognition, authentication, reporting, review, protection, custody, compensation, or duties corresponding thereto;
2. Duties related to administrative guidance, regulation, audit and inspection, inspection, and supervision;
3. Duties related to draft physical examination, conscription, call-up, and mobilization;
4. Duties related to imposition of obligations by an act or omission with respect to the business, etc. of individuals, corporations, and organizations;
5. Duties related to inspection, imposition, and collection of taxes, charges, administrative fines, penalty surcharges, charges for compelling compliance, etc., or revocation, withdrawal, corrective orders, and any other disciplinary action;
6. Duties related to allotment, payment, disposal, and management of subsidies, incentives, contributions, investments, grants, and funds;
7. Duties related to contracts for, and inspection and examination of construction work, services, or procurement and purchase of goods, etc.;
8. Investigation, trials, adjudication, decision, conciliation, arbitration, reconciliation with regard to cases, or duties corresponding thereto;
9. Duties related to the sale, exchange, use, profit-making, and occupation of goods or services of public institutions;
10. Duties related to employment, promotion, transfer, reward, punishment, and evaluation with regard to public servants;
11. Duties related to administrative inspections conducted by public institutions;
12. Duties related to admission, grades, performance evaluation of national and public schools of various levels;
13. Duties related to various awards and rewards granted, and selection of outstanding institutions or persons administered, by public institutions;
14. Duties related to various assessments and determinations made by public institutions;
15. Duties related to hearings on activities conducted by members of the National Assembly or members of local councils for the competent committees, reviews of bills or petitions, inspections of state administration, inspections of administrative affairs of local governments, investigations of state administration, and investigations of administrative affairs of local governments;
16. Other duties prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or Presidential Decree.
(2) Where a person related to duties or a person who has a direct interest in the performance of the duties of a public servant deems that the relevant public servant is obligated to file a report and recuse himself or herself under paragraph (1) or has a private interest likely to hinder the fair performance of his or her duties, the person may apply for a challenge to the public servant to the head of the institution with which the public servant is affiliated.
(3) Paragraphs (1) and (2) shall not apply in any of the following cases:
1. Where a statute or a Presidential Decree to which an unspecified number of persons are subject is enacted, amended, or repealed in connection with the duties prescribed in the subparagraphs of paragraph (1);
2. Where a civil petition is filed for the verification or certification of specific facts or legal relations and the relevant document is issued.
(4) Where a public servant complies with the procedures for preventing conflicts of interest, including exclusion, challenge, and recusal, as specified in other statutes, regulations, and standards related to the duties under the subparagraphs of paragraph (1), he or she shall be deemed to have fulfilled the obligation to file a report and recuse himself or herself under paragraph (1).
(5) Matter necessary for procedures and methods for, and recording and management of, reports, recusal, and challenges under paragraphs (1) and (2) and other matters shall be prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or Presidential Decree.