"Active Civil Servants to Be Protected by Agencies During Investigations and Lawsuits"

Mandatory Protection Against Legal Liability
Revision of Active Administration Operation Regulations to Take Effect in August

Going forward, when a national civil servant who has actively pursued administrative initiatives faces lawsuits or criminal complaints, the agency will have a newly established obligation to protect and support the official. The scope of legal support will also be expanded so that, if the official is acquitted, assistance will be provided not only during civil lawsuits and investigation stages but also throughout criminal proceedings.

On June 10, the Ministry of Personnel Management announced that it would pre-announce a revision to the Active Administration Operation Regulations. This revision aims to reduce the burden of legitimate concerns about legal liability, ensuring that public officials' active administration for the benefit of citizens is not discouraged by fears of legal consequences.

Effective from August, this amendment will require agencies to protect and support civil servants who face civil or criminal liability issues as a result of active administration. Previously, there were internal administrative protections such as exemption from audit or disciplinary action, but there was a perception that agencies did not provide sufficient active protection or support in civil or criminal liability cases. Under the revision, government ministries must establish relevant support guidelines and appoint an Active Administration Protection Officer to manage and support the entire process, including investigations and lawsuits.

Furthermore, after review by the Active Administration Committee, the scope of 'support for lawsuits and related matters for active civil servants'?such as legal representation costs?will be expanded to cover civil lawsuits, investigation (criminal) stages, and criminal proceedings, provided the official is acquitted. Although support was previously available through 'civil servant liability insurance,' there were limitations such as annual support caps per person and cases not covered by policy terms. The new measures are intended to supplement and expand this support.

Additionally, the amendment will strengthen the procedures of the Active Administration Committee and establish a legal basis for rewarding outstanding active civil servants. Park Yongsoo, Deputy Minister of the Ministry of Personnel Management, stated, "To respond swiftly to the rapidly changing administrative environment, it is important to reduce the burden on civil servants who practice active administration," adding, "In the newly launched Government of National Sovereignty, we will do our utmost to ensure that civil servants actively pursue national policy tasks and fully engage in their assigned duties."