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Requesting Investigation Materials from Prosecution and Police Now Allowed for Disciplining Public Officials Suspected of Misconduct

Amendment to Public Officials Disciplinary Decree Approved by Cabinet
Heads of administrative agencies can now request investigation materials
Disciplinary Surcharge Management Ledger to be newly established
Amendment takes effect from July

Requesting Investigation Materials from Prosecution and Police Now Allowed for Disciplining Public Officials Suspected of Misconduct

Going forward, heads of administrative agencies will be able to request investigation and prosecution materials from the Board of Audit and Inspection, as well as from the prosecution and police, in order to discipline public officials suspected of misconduct. In addition, a 'Disciplinary Surcharge Management Ledger' will be newly established to systematically manage the disciplinary surcharges that public officials are required to pay when disciplined for bribery, accepting entertainment, or embezzlement and misappropriation of public funds.

Requesting Investigation Materials from Prosecution and Police Now Allowed for Disciplining Public Officials Suspected of Misconduct Yonhap News Agency

The Ministry of Personnel Management announced that the amendment to the Public Officials Disciplinary Decree, which includes these measures, was approved at the Cabinet meeting on June 24. The amendment will take effect immediately after its promulgation on July 1.


According to the amendment, heads of administrative agencies will be able to request investigation and prosecution materials from the Board of Audit and Inspection, as well as from the prosecution and police. Previously, even when materials prepared by investigative agencies were needed to substantiate disciplinary reasons for public officials suspected of misconduct, the lack of clear legal grounds often made it difficult to obtain sufficient materials, causing delays in the process. With this amendment, heads of administrative agencies will be able to request and receive investigation materials related to public officials' misconduct, as well as prosecution and police investigation materials. As a result, it is expected that agencies will be able to accurately determine the facts of misconduct and impose more appropriate disciplinary measures.


The status of payment and delinquency of disciplinary surcharges will also be managed systematically. Disciplinary surcharges were introduced to enhance the effectiveness of sanctions against public officials for bribery, accepting entertainment, and embezzlement or misappropriation of public funds, but there have been limitations in their management. Previously, only the resolution details regarding disciplinary surcharges were recorded in the 'Disciplinary or Disciplinary Surcharge Ledger,' and each agency managed payment and delinquency status independently, making systematic management difficult.


Accordingly, the Ministry of Personnel Management plans to establish a 'Disciplinary Surcharge Management Ledger' that comprehensively records and manages the imposition, payment, and collection status of disciplinary surcharges, and to incorporate this into the electronic personnel management system for ongoing management.


Park Yongsoo, Deputy Minister of the Ministry of Personnel Management, stated, "We expect that this amendment to the Public Officials Disciplinary Decree will enhance the rationality and effectiveness of the disciplinary process for public officials," adding, "We will continue to make efforts to realize a clean and transparent public service in the future."


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