ACRC Said “Investigative Agencies Should Inform the Fact That Employees of Public Offices Are Under Investigation for Sexual Offenses And Driving Under the Influence to the Relevant Offices”

- The commission recommended ways to improve the effectiveness of disciplinary measures for sexual offenses and driving under the influence in public offices -

(14th July 2021, ACRC)

The ACRC made investigative agencies to inform the fact that they are investigating employees of public organizations, local public corporations, local government-invested and –funded authorities (hereinafter, public institutions, etc.) for sexual offenses and driving under the influence to the relevant organizations. By doing so, there will not be any more cases that the employees of public institutions, etc. who committed sexual offenses or driving under the influence avoid disciplinary measures.

The Anti-Corruption and Civil Rights Commission (Chairperson: Jeon Hyun-Heui, ACRC) announced on 14th that it established Measures to Improve Effectiveness of Disciplinary Measures for Sexual Offenses and Driving Under the Influence in Public Offices, and made recommendations for the Ministry of Economy and Finance, Ministry of the Interior and Safety, Ministry of Justice, and National Police Agency.

Usually public institutions have their own disciplinary criteria for sexual offenses and driving under the influence. However, even if the employees of public institutions are under investigations for sexual offenses or driving under the influence, the fact is not be informed to the public institutions and some of the offenders avoided disciplinary measures as the public institutions are not aware of the fact.

Currently, investigative authorities notify the fact that they are doing investigation to the relevant public institutions only when the offenses are related to duty. But, the authorities do not inform the investigation for sexual offenses and driving under the influence as these are not related to the duty of public officials.

As a result, appropriate disciplinary measures have not been taken for irregularities, allowing ineligible people to be promoted to higher positions. Also, organizations failed to take disciplinary measures as they learn such irregularities after the lapse of disciplinary period of limitation, or retirement of such employees.

□(Promotion after avoiding disciplinary measures) In 2018, Employee A drove a car under the influence. So, If he/she has received disciplinary measures, he/she was not eligible for promotion. However, in the following 2019, after six months from the DUI, he/she was promoted from grade-III to grade-II position in the office. (The result of audit in Oct. 2020 conducted by the Board of Audit and Inspection of Korea)

□(Lapse of disciplinary period of limitation and retirement) Twenty four employees of public institutions received administrative measures, such as suspension or cancellation of licenses due to driving under the influence. However, the concerned organizations failed to take disciplinary actions as they did not report such measures voluntarily by November 2019. As of November 2019, five of them retired from the organizations or their disciplinary period of limitation lapsed, so that the organizations are not able to take disciplinary measures any more. (The result of audit in Jun. 2020 conducted by the Board of Audit and Inspection of Korea)

Also, investigative authorities, including the Prosecution and Police, handle investigation according to their internal guidelines*. In the guidelines, 「Local Public Enterprises Act」, and 「Act on the Operation of Local Government-Invested or –Funded Institutions」 were not included among the laws which mandate investigative authorities to notify the investigation of public officials to their affiliated organizations. Therefore, it was possible that investigations on the employees in these organizations are not informed.

* 「Prosecution Case Administrative Rules」 (the Prosecution), 「Criminal Investigation Rules」 (Police)

In order to address these problems, the ACRC recommended the Ministry of Economy and Finance and Ministry of the Interior and Safety to revise the laws* to include sexual offense and driving under the influence in the irregularities that shall be informed to the concerned organizations if any employees in such organization are under investigation.

* 「Act on the Management of Public Institutions」 Article 53-2, 「Local Public Enterprises Act」 Article 80-2, 「Act on the Operation of Local Government-Invested or –Funded Institutions」 Article 34-2

Moreover, the commission recommended the Ministry of Justice and National Police Agency to specify all the laws that stipulate the requirement of notifying investigation in the internal guidelines of investigative authorities, so that investigative organizations do not fail to notify the fact that they are investigating employees.

Director-General Jong-sam Yang of Institutional Improvement Bureau, the ACRC said, “this improvement of the system will enhance the effectiveness of disciplinary measures for sexual offenses and driving under the influence committed by employees of public institutions. Therefore, it is expected that this improvement can contribute to regaining trust in public offices.”