[Press Release]

- January 19, 2018

- Written by Code of Conduct Div.

Amendment to Code of Conduct for Public Officials which prevents conflict of interest and prohibits improper solicitation to private citizens was adopted at a cabinet meeting and will take effect on April 2018

□ From May this year, public officials will be prohibited from making improper solicitation towards private citizens. Public officials must notify duty-related family members to the head of their agency. In addition public officials will be disciplined if they direct a subordinate to do their personal affairs. To prevent such conflict-of-interest situations, conflict of interest prevention system in the public sector will be adopted in earnest. 
   The Anti-Corruption and Civil Rights Commission (ACRC, Chairperson Pak Un Jong) promulgated amended Code of Conduct for Public Officials on January 15 which includes provisions of conflicts of interest prevention and prohibition of improper solicitation to private citizens.
   The amendment was designed to systemically end public official’s abuse of public position to gain personal interests, as seen in recent corruption scandals of employment irregularities in public institutions and a general’s abuse of authority and human rights violation against a soldier assigned to serve at his residence.
 

□ Amended or newly added provisions of the Code of Conduct for the Public Official are as follows:
  ▪ Prohibition of improper solicitation to private citizens
   While improper solicitation towards public officials is prohibited under the Improper Solicitation and Graft Act, improper solicitation by public officials to private citizens is not prohibited, which is a loophole in corruption control.
   So, the ACRC added new provisions to the Code of Conduct for Public Officials to ban public officials from using public position or influence to make an improper recommendation or request to those who are not public officials.
   The amendment sets forth eight types of such improper solicitations with high risk of public officials’ influencing and intervening in the private sector, such as contribution • sponsorship and employment. Public agencies should set out types of improper solicitations to the private sector by agencies.
  * The stated eight improper solicitations are ① requesting contribution • sponsorship, ② intervening in employment • promotion • transfer, ③ demanding work secrecy disclosure, ④ intervening in the selection of a contract party, ⑤ getting a specific individual, organization, or juridical person to buy or use goods or services outside normal transaction practice, ⑥ intervening in school admission, grades, or assessment, ⑦ intervening in the selection of prize and award winner, and ⑧ intervening in audit and investigation
  ▪ Prohibition of demanding personal labor
   A new provision is added to prohibit public officials from using their authority to direct subordinates or duty-related parties to do their personal labor.
  ▪ Report of conflict of interest
   Article 5 (Prevention of Conflict of Interest) of the Act states only briefly that public officials should consult on avoiding duties that may present conflict of interest and that the agency head should take necessary measure on that matter. This Article is revised to require public officials to report a conflict of interest
   To that end, the amendment specifies the scope of conflict of interest* that could impede fair performance of public duties and states systematic management procedures including reassignment of duties for the reported public officials and the recording and management of such reports, requests for measures, and measures taken.
  * Where a duty-related party is the public official him/herself, his/her spouse, his/her relative within the relationship of third degree, or legal body or group for which he/she or his/her family member is employed or appointed as an outside director 
  ▪ Submitting high-ranking public officials’ activities in the private sector
   High-ranking public officials including public officials of Vice Minister-level or higher and the head of local government should report their previous private sector activities to the head of their agency, stating their work in the legal body or group for which they had worked for three years before their appointment.
    The stated activities could be used as a ground for their work reassignment.
  ▪ Prohibition of acts of seeking duty-related benefits
   The amendment prohibits public officials from acts of seeking benefits which could present a conflict of interest, for example, giving advice to duty-related party and receiving benefits or getting appointed to an additional position related to their duties.
  ▪ Restriction on employing family members
   High-ranking public officials are prohibited from unduly influencing his agency or an affiliated institution to hire their family members.
   Public officials in charge of personnel management and public officials in charge of affiliated agency matters should not improperly influence their agency and affiliated agency, respectively to hire his family members.
  ▪ Restriction on private contract
   High ranking public officials are prohibited from getting their agency or an affiliated agency to make a private contract with themselves or their family members on supply, service or construction work, etc.
   Public officials in charge of contract and those in charge of affiliated agency work are prohibited from getting their agencies and the affiliated agency, respectively to make a private contract with themselves or their family members.
  ▪ Report of personal contact with a retiree
   Public officials must report to the head of his agency personal contacts made with a former official who retired less than two years ago, on occasions of for example, golf game, travel, or gambling, if the retiree is a duty-related party to the agency as he or she filed a complaint with, applied for an approval or permit to, or is in contractual relationship with the agency. Forms and contents of such personal contacts should be specified by organizations. 
   This is to stave off the risk of preferential favors granted to retired officials through lobbying or the privileges of his/her previous public position, thereby enhancing transparency between incumbent and retired public officials.
  ▪ Report of transaction with duty-related party
   If a public official him/ herself, his/her spouse, or lineal ascendant or lineal descendant who shares livelihood borrows money from, makes an asset transaction such as real estate transaction with, or signs a contract for supplies, services, or construction with a duty-related party or duty-related public official, the public official should report the fact to the head of the agency concerned.
   However, this does not apply when transaction transparency is secured through a separate procedure, for example, in the case of getting a loan from financial companies or making a transaction through public auction, auction, bidding, open lottery, or where a transaction is made repetitively with unspecified multiple parties under the common practice of transaction.
 

□ The amended Code of Conduct for Public Officials will take effect three months after the public announcement to give a grace period for the public sector to prepare internal rules and educate on and promote the amendment to its employees.
  The ACRC will request public institutions at all level to revise their Code of Conduct and strengthen education and promotion on the law to their employees.
  An Jun-ho, Director General for Anti-Corruption Bureau of the ACRC said, “The amended Code of Conduct for Public Officials has laid a foundation for conflict of interest prevention system in the public sector. Public officials should check whether they are engaging in an act impairing fairness in performing public duties.
  He added, “The ACRC will monitor implementation status of the amended Code of Conduct for Public officials and conduct a comprehensive analysis of outcomes of the amendment and ultimately make the current conflict of interest prevention rules enacted as the Act on the Prevention of Conflicts of Interest of Public Officials within this year.
 

* Please refer to the attached file for more details.