Starting in July, the head of an agency where a public official under investigation for misconduct by the prosecution or police can request investigation data on that official from the investigative agency. This is to clearly substantiate the grounds for disciplining the official who committed the misconduct to prevent delays in the disciplinary process.
The Ministry of Personnel Management announced on the 25th that it would legislate a revision of the public official disciplinary regulations that includes this content.
This revision focuses on strengthening the use of investigation and prosecution data related to public official misconduct. It allows the heads of agencies to request investigation and prosecution data regarding public officials suspected of wrongdoing from the Board of Audit and Inspection, prosecution, or police.
Once the head of the agency receives related materials on misconduct from the investigative agency, they will be able to proceed with the disciplinary process promptly.
Previously, it was necessary to obtain materials prepared by investigative agencies, etc., to substantiate the grounds for disciplining a public official who committed misconduct. However, due to unclear regulations on related evidence, sufficient data could not be obtained from the investigative agency. This resulted in delays in the disciplinary process for public officials who had committed misconduct.
In the future, according to the revised proposal, administrative heads will be able to access investigation materials such as audit reports, Q&A records, and confirmation letters related to the misconduct of their officials. They will also be able to obtain investigation materials such as investigation records, statements, and indictments from the prosecution and police.
Additionally, this revision includes provisions for managing disciplinary add-on fees that punished public officials must submit to their respective agencies. It mandates the establishment of a consistent format for a "disciplinary add-on fee management ledger" to record and manage the imposition, payment, and collection status of delinquent disciplinary add-on fees. This will also be reflected in the electronic personnel management system. Previously, only the details of the disciplinary add-on fees were recorded, and each agency managed the payment and delinquency status independently.
Personnel Commissioner Yeon Won-jeong noted, "To continue to create a clean public service, we will review the entire disciplinary system and continue to improve any aspects that need to be addressed."