The obligation clause for "obedience to superior orders" for state and local public officials will be removed. Public officials will also be able to refuse unlawful job-related orders from their superiors while performing their duties, and they must not be subjected to unreasonable dispositions or treatment for doing so.
The Ministry of the Interior and Safety (MOIS) and the Ministry of Personnel Management said on the 25th they will give advance notice of legislation for amendments to the Local Public Officials Act and the State Public Officials Act reflecting these changes.
The core of the amendment is to delete the "duty of obedience" contained in the relevant laws. Under current law, public officials have a duty to obey their superior's job-related orders. The term duty of obedience will be removed and refined to say they perform their duties under command and supervision.
In addition, a legal basis has been established for public officials to refuse to comply if they receive unlawful command or supervision from a superior while performing their duties.
The government said that with this amendment, public officials can move beyond a control system of orders and obedience and make decisions rationally through dialogue and discussion.
The amendment also includes raising the age limit for children eligible for parental leave for public officials and creating a basis for infertility leave. The age limit for children eligible for parental leave will change from 8 or younger (second grade in elementary school) to 12 or younger (sixth grade in elementary school). Infertility leave will also be newly established as a separate reason for special leave upon request and allowed.
Choi Dong-seok, Minister of Personnel Management, said, "Creating an environment where public officials can work according to their convictions is a basic task to craft policies for the lives of all people and to provide quality administrative services."
Yoon Ho-jung, Minister of the Ministry of the Interior and Safety (MOIS), said, "By clarifying in law that public officials can raise objections to and disobey unlawful orders from their superiors, we will help foster a public service that puts the people and the national interest first."