The Ministry of Personnel Management has begun a full review of ways to expand political activities by public officials, according to reports on the 8th. Earlier, President Lee Jae-myung pledged during the last presidential election to "push to guarantee teachers' political activities outside working hours and within the scope unrelated to their duties." Public officials' unions and the Korean Federation of Teachers' Associations (KFTA) have also called for reform, saying that "the current system, which broadly bans political activities by public officials, infringes on the basic political rights guaranteed to the people by the Constitution."
◇ Wide latitude for U.S. public officials' political activity; running for the U.S. House is not allowed
Recently, the Ministry of Personnel Management commissioned a study titled "A plan to overhaul public official personnel statutes through the U.S. Hatch Act case." In effect since 1939, the Hatch Act sets the scope of political activities permitted for public officials. Its formal name is the "Act to Prevent Pernicious Political Activities," but it is commonly called the Hatch Act after Sen. Carl Hatch of New Mexico, who introduced the bill. It has been amended several times since enactment.
In the United States, party membership and activities by public officials are allowed far more broadly than in Korea. U.S. public officials may join a political party in a personal capacity or attend political rallies in plain clothes on holidays. Participation in political fundraisers or donating to political funds is also allowed as long as it is not during working hours or at the workplace.
In Korea, however, the Constitution and the State Public Officials Act ban party membership for public officials and teachers. Violations can be punished by up to three years in prison or a fine of up to 30 million won. If a party member is appointed as a public official, party membership cannot be maintained. Political donations are also not allowed.
Political activity by public officials through social media (SNS) is also more widely permitted in the United States than in Korea. In the United States, public officials are allowed to express political opinions on social media when it is not work time or when they are not identifying themselves as public officials. Posting support for a particular party's candidate from home after work using a personal cell phone is not an issue.
In Korea, however, political activity by public officials via social media is strictly regulated. The National Election Commission interprets that a public official pressing "like" on posts related to a specific candidate or party on social media, sharing such posts, or posting comments in support or opposition could all potentially violate election law. Even pressing "like" once or twice can draw a verbal warning depending on the severity, and repeated actions can be subject to discipline.
Meanwhile, both the United States and Korea place limits on running for office while retaining public official status. The Hatch Act restricts candidacy by federal employees in "partisan elections." Even if a candidate runs as an independent, they cannot run if the election is conducted along party lines. Accordingly, public officials cannot run in U.S. House elections. However, they may run in elections such as for school boards where there are no party nominations and party names do not appear on the ballot.
In Korea today, public officials and teachers cannot run in public office elections. University professors may run after taking a leave of absence, but public officials or elementary, middle, and high school teachers must resign at least 90 days before election day.
◇ National consensus and social agreement needed; "scope of permission should differ by rank and duties"
Some say the government needs public consent to broaden the scope of political activities by public officials. President Lee Jae-myung also said at the Ministry of Education's year-end briefing last year, "I agree with expanding teachers' political activities, but the public must also be convinced."
In the past, the United Nations (UN), the International Labour Organization (ILO), and the National Human Rights Commission have repeatedly recommended expanding political freedom for public officials and teachers. However, our government has maintained that "social consensus and national agreement are necessary."
It may also be difficult to determine specifically how broadly to allow political activities. Standards may need to differ depending on a public official's rank or the nature of their duties. The Ministry of Personnel Management plans to study options such as presenting categories of political activities permitted for public officials and teachers, broadly allowing political activities outside working hours, and strictly regulating political activities by senior officials with major social influence.