Factory Access Road Regulation Eased but Faces 'Disciplinary Action'... 'Proactive Administration' Still a Long Way Off

An entrance road to an industrial complex corporation in a local area. The article and photo are unrelated.
[Photo by Asia Economy DB]

[Asia Economy Reporter Kim Jong-hwa] "I didn't have to work. It was a long-term unsold land, so it didn't matter if I just left it alone. But I thought that attracting companies would resolve the unsold land and save resources, bringing many benefits, so I aligned my intentions with my superiors and attracted companies. However, I was audited, and despite actively explaining, I became subject to disciplinary action. I don't know why I worked. I don't know how to work going forward."

This is the complaint of public official A from Gyeryong City, Chungnam, who was initially penalized with a salary reduction but later exempted from discipline after a re-investigation. In the past three years, seven public officials like A, who were disciplined while performing their duties, had their disciplinary actions exempted or reduced due to recommendations from the Small and Medium Business Ombudsman (hereafter Ombudsman).

Article 23, Paragraph 4 of the current Framework Act on Small and Medium Enterprises states, "When a public official is disciplined due to illegal acts arising from actively executing duties to improve regulations, the Ombudsman may recommend to the disciplinary authority to reduce or exempt such discipline."

Based on this, when disciplined public officials claim unfairness, the Ombudsman conducts a thorough investigation into intentional or gross negligence and the requirements of proactive administration, exercising the 'proactive administration disciplinary immunity right.' The Ombudsman then recommends exemption or reduction of discipline to the disciplinary authority based on the investigation results.

Last year, A promoted the occupancy of land within an industrial complex that had remained unsold for over 10 years due to proximity to a municipal waste incineration plant, high-voltage transmission towers, and a park cemetery, which deterred companies from settling. When a company interested in moving in appeared, A pursued occupancy through land-use changes.

Thanks to the efforts of A and his superiors, the team leader and section chief, the company successfully settled, investing 10 billion KRW, creating 100 new jobs, and generating an annual production effect of 9.8 billion KRW, significantly contributing to Gyeryong City's tax revenue. This case was selected as an excellent policy by Chungnam Province, and three people including A received commendations. However, six months later, during an audit, their status changed to subjects of disciplinary action.

Public official B, working in Asan City, Chungnam, excluded an environmental impact assessment after reviewing laws to expedite the approval of a livestock manure composting facility in 2018. However, the audit judged this as a formal review, resulting in disciplinary action for B and his superiors, the team leader and section chief, for dereliction of duty.

After investigation and legal review by the Ombudsman, it was found that the facility excluding the environmental impact assessment was conditionally approved with the understanding that related facilities would be re-checked during building use approval, which was indeed done. Therefore, B's disciplinary action was withdrawn, and the penalties for the two superiors were significantly reduced.

Public official C, working in Yangju City, Gyeonggi Province, in 2017, recognized the need to ease regulations on the factory access road for factory establishment approval. Through the urban planning committee, the road width was relaxed from 6 meters to the minimum width of 4 meters. However, C was disciplined during a higher-level audit for insufficient review.

The Ombudsman concluded, after on-site inspections, interviews with related parties, investigation of similar cases, analysis of local road conditions, and legal review, that the action was appropriate and proactive. Accordingly, C's disciplinary action was nullified.

Park Joo-bong, the Ombudsman, said, "It is a big problem to punish public officials who have carried out proactive administration without any prior issues. If this continues, public officials will be unable to work." He added, "The Prime Minister also emphasized that 'breaking a plate while working can be accepted, but allowing dust to settle on the plate by not working cannot be tolerated.'"

He further stated, "Many still think the Ombudsman is ineffective, but it is an essential organization not only for companies but also for public officials. I hope the Ombudsman will be actively utilized so that no one suffers disadvantages despite engaging in proactive administration."