Public Officials to Face Less Audit Pressure for 'Proactive Administration'... Expanded Legal Support

Liability Reduced for Disaster and Safety Officials

Going forward, local government officials who carry out their work in accordance with the recommendations of the Proactive Administration Committee will be exempt from both internal audits and audits by the Board of Audit and Inspection. In cases where work is carried out under urgent circumstances, the liability of disaster and safety officials will be reduced.

The Ministry of the Interior and Safety announced on December 23 that a revised version of the “Regulations on the Operation of Proactive Administration for Local Public Officials,” which includes these measures, has been approved by the Cabinet. This revision is part of the new government's policy agenda and aims to strengthen organizational capabilities in the disaster and safety sector.

According to the amendment, when disciplinary action or civil and criminal lawsuits arise as a result of proactive administration, protection and support by the relevant agency will be mandatory. Each agency must designate a Proactive Administration Protection Officer to safeguard its officials.

With the designation of Proactive Administration Protection Officers at each agency, officials engaged in proactive administration will be able to receive support such as legal counsel, attorney fees, litigation expenses, or assistance in submitting opinions to investigative agencies if civil or criminal liability issues occur.

Previously, exemption from liability for officials who acted in line with the Proactive Administration Committee’s recommendations was limited to internal audits by each agency. The revised regulations expand this scope to include audits by the Board of Audit and Inspection, allowing for a presumption of exemption at this stage as well. To this end, the reliability of the Proactive Administration Committee will be strengthened, and decisions made after deliberation with input from audit bodies will be presumed exempt during Board of Audit and Inspection reviews.

Additionally, the amendment reduces the liability burden for disaster and safety officials who engage in proactive administration during emergencies. Given the nature of their work, which often requires swift and urgent action, a new provision has been introduced allowing for post-approval exemption from disciplinary action, even if prior review by the Proactive Administration Committee was not possible.

Furthermore, while currently legal support such as attorney fees is only provided during the investigation stage before indictment when officials face complaints or accusations due to proactive administration, the revised regulations will expand this support to cover criminal litigation costs as well, provided the official is acquitted.

Yoon Hojoong, Minister of the Interior and Safety, stated, “We will continue to create an environment where public officials can prioritize the safety and happiness of local residents and work without the burden of audits or lawsuits.”