Public officials who offer "passive administration service" that causes grievances to businesses will be subject to investigation & audit

February 28, 2018

Anti-Corruption and Civil Rights Commission

The Republic of Korea

From now on, public officials who cause civil complaints from businesses due to their passive administration service such as inactive performance of their duties, corruption, and irregularities will be subject to investigation or audit according to the seriousness of such case. On the other hand, in a case when a public official successfully supports business activities that contribute to public interest by, for example, creating jobs through active administration service, the official in charge will receive immunity and even commendation.

The Anti-Corruption and Civil Rights Commission (ACRC) of Korea announced on the 28 that it has analyzed the causes of civil complaints from businesses and established a standardized model for their resolution for the past three months.

The ACRC newly established a team for civil complaints raised because of grievances faced by businesses, at the end of last year. The team is dedicated to resolving the grievances and difficulties taking place in a wide range of business activities, for the purpose of realizing "creation of business-friendly environment" and "creation of quality jobs" which are the key national policy of the government.

For the past three years, the team investigated and handled not only business grievances but also business-related issues including corruption and whistle-blowing cases which were raised to the ACRC, to analyze the causes of business grievances and establish a standardized model that suggests the method of resolution.

First, civil complaints raised by businesses due to passive administration service such as inactive handling of administrative work or public officials' corruption or irregularities, remedial recommendations will be issued and according to the seriousness of such a case, investigation or audit will be requested.

On the contrary, in a case when an active administrative action of a public official who wants to innovatively support businesses activities is blocked by rigid regulations or practices, an action of exempting the public official from liability for the result of his administrative action by issuing a remedial recommendation and other measures will be taken. When necessary, institutional improvement for the law or regulation in question will be carried out and the public official will be granted a commendation.

Furthermore, in consideration of the nature of business complaints that require swift judgement and decision, the handling procedures for each specialized area of business grievances will be developed.

For example, ▴ procedures such as recommendation for agreement or recommendation for suspension which enable a swift decision-making will be actively applied, ▴ an enquiry attended by all of the petitioner, petitionee, and concerned persons will be conducted to draw agreement, and ▴ on-site survey will be held to directly examine the actual situation with the petitioner and petitionee and to draw a solution.

The Director General of the Ombudsman Bureau of the ACRC said, "In the process of handling civil complaints raised by businesses, the issue of passive administration service including public officials' indifference, corruption, and irregularities will be eradicated. We will continue to make efforts so that culture and procedures that enable active administration service, swift decision-making, and practical resolution of grievances faced by businesses can take root in the entire field of public administration."