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Enforcement Decree Of The Public Service Ethics Act


Published: 2013-03-23

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 Article 1 (Purpose)   print
The purpose of this Decree is to prescribe matters delegated by the Public Service Ethics Act (hereinafter referred to as the "Act") and matters necessary for its enforcement.
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 2 Deleted. <by Presidential Decree No. 21289, Feb. 3, 2009>   print
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 Article 3 (Persons Liable for Registration)   print
(1) The term "public officials in foreign service prescribed by Presidential Decree" in Article 3 (1) 4 of the Act means public officials in foreign service who are affiliated with the Senior Civil Service and public officials in foreign service whose duty grade ranks Grade VI or higher under Article 51 of the Public Officials Remuneration Regulations.
(2) The term"military civilian employees with the equivalent rank" in Article 3 (1) 7 of the Act means military civilian employees of Grade II or higher in their ranks.
(3) The term "executives" in Article 3(1) 12 of the Act means standing executives with a rank not lower than those of directors and auditors (including those in charge of duties equivalent thereto, regardless of their titles).
(4) The term "public officials in specified fields and personnel of public service-related organizations as prescribed by Presidential Decree" in Article 3 (1) 13 of the Act shall be as follows: <Amended by Presidential Decree No. 21487, May 13, 2009; Presidential Decree No. 23271, Oct. 28, 2011>
1. Public officials in research service prescribed in subparagraphs 1 (a) through (c), 2 (a) and (b), and 3 (a) of the attached Table 2 of the Regulations of the Appointment, etc. of Public Officials Engaged in Research and Technical Advice Service, and public officials in technical advice service prescribed in subparagraphs 1 (a) and (b), 2 (a) and (b), and 3 (a) of the attached Table 2-2 of the same Regulations, who are officers in research service and officers in technical advice service equivalent to public officials ranking not lower than Grade IV or belonging to the Senior Civil Service in general government service;
2. Supervisory officials and educational research officials who are assigned to positions equivalent to public officials in general government service ranking not lower than Grade IV or belonging to the Senior Civil Service;
3. Department chiefs or office chiefs of universities and colleges (including various schools equivalent to universities and colleges);
4. Public officials of Grade V or lower to Grade VII or higher under the control of the Board of Audit and Inspection, who are appointed for general government service and equivalent special government service;
5. Public officials of Grade V or lower to Grade VII or higher under the control of the Anti-Corruption Bureau under Article 11 of the Decree on the Organization of Anti-Corruption and Civil Rights Commission, who are appointed for general government service and equivalent special government service;
6. Superintendents, senior inspectors, inspectors and assistant inspectors from among national police officials, and autonomous superintendents, autonomous senior inspectors, autonomous inspectors and autonomous assistant inspectors from among autonomous police officials;
7. Fire-fighting superintendents, inspectors, lieutenants and sergeants and local fire-fighting superintendents, inspectors, lieutenants and sergeants from among fire-fighting officials;
8. Public officials of Grade V or lower to Grade VII or higher under the control of the National Tax Service and the Korea Customs Service, who are appointed for general government service and equivalent special government service;
9. Public officials of Grade V or lower to Grade VII or higher under the control of the Ministry of Justice and the Public Prosecutor's Office, who are appointed for prosecutory service and narcotics investigation service;
9-2. From among public officials of Grade V in general service or equivalent special government service, lieutenant colonels, and civilian employees of Grade III in military service under the Act on the Management of Civilian Personnel in the Military Service who belong to the Ministry of National Defense (including the Army, the Navy, the Air Force, the Joint Chiefs of Staff, agencies affiliated with the Ministry of National Defense, or military units or agencies under the direct control of the Ministry of National Defense) and the Defense Acquisition Program Administration (including agencies affiliated therewith), those who are assigned to divisions in charge of military installations, military contracts and their review, defense improvement, military courts and prosecutor's offices, investigation (excluding investigation under subparagraph 2 of Article 44 of the Military Court Act and criminal investigation under the Military Secret Protection Act) and inspections;
10. From among public officials who belong to central administrative agencies (including their subordinate organizations; hereafter the same shall apply in this Article) or local governments (excluding those under the jurisdiction of an Eup/Myeon/Dong; hereinafter the same shall apply), those who are appointed for Grade V or lower to Grade VIIor higher in general government service, equivalent specific government service, and equivalent special government service, and their senior supervisors, who are assigned to divisions mainly in charge of inspection activities (in cases of central administrative agencies, it refers to the smallest unit of an auxiliary organ and a division to which a person of Grade equivalent thereto is assigned, under the Government Organization Act, and in cases of local governments, it refers to the smallest unit of an auxiliary organ and a division to which a person of Grade equivalent thereto is assigned, under Municipal Ordinances or Municipal Rules of relevant local governments; hereafter the same shall apply in this Article): Provided, That in cases of a central administrative agency or local government which has no division mainly in charge of inspection activities, it refers to public officials of Grade V or lower to Grade VII or higher who are appointed for general government service, specific government service, special government service, and their senior supervisors, in charge of inspection activities;
11. From among public officials who belong to central administrative agencies or local governments, public officials of Grade V or lower to Grade VII or higher who are appointed for general government service, specific government service, special government service, and their senior supervisors, in charge of the certification and licensing, approval, investigation, supervision and guidance-control involving civil petitions in the areas of construction, civil engineering, environment and food sanitation;
12. From among public officials who belong to local governments, those of Grade V or lower to Grade VII or higher in general government service and equivalent special service, and their senior supervisors, who are assigned to positions in charge of affairs concerning the imposition, collection, investigation and examination of taxes;
13. Contract public officials who are appointed to posts and positions or equivalent posts and positions that make it eligible for them to be appointed as public officials provided for in subparagraphs 1, 2, and 4 through 12;
14. Employees of Grade II or higher working for the Bank of Korea under the Bank of Korea Act and the Deposit Insurance Corporation under Article 3 of the Depositor Protection Act;
15. Employees of Grade IV or higher working for the Financial Supervisory Service under the Act on the Establishment of Financial Services Commission;
16. From among employees working for a public service-related organization which is placed under the supervision of the Ministry of National Defense or the Defense Acquisition Program Administration, those appointed by the Minister of National Defense.
(5) Posts and positions referred to in paragraph (4) 9-2 and 11 shall be prescribed by the head of the relevant registration agency (excluding the head of a registration agency provided for in Article 5 (3) of the Act). <Amended by Presidential Decree No. 21841, Nov. 23, 2009; Presidential Decree No. 23271, Oct. 28, 2011>
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 3-2 (Scope, etc. of Public Service-Related Organizations)   print
(1) The scope of institutions and organizations which are eligible for designation as public service-related organizations under Article 3-2 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 21841, Nov. 23, 2009; Presidential Decree No. 23271, Oct. 28, 2011>
1. Institutions and organizations under Article 3-2 (1) 1, 2, and 5 of the Act;
2. Local government-invested public corporations and local industrial complex under Article 3-2 (1) 4 of the Act;
3. Institutions and organizations invested, contributed, or subsidized not less than one billion won per year by the Government or local governments;
4. Institutions and organizations with the budget scale of not less than ten billion won from among institutions or organizations which are entrusted with tasks by the Government or local governments and perform their entrusted tasks;
5. Institutions and organizations for which the amount of money re-invested or re-contributed alone or by forming a partnership by institutions and organizations invested or contributed by the Government or local governments constitutes the whole amount of capital;
6. Public institutions under Article 4 of the Act on the Management of Public Institutions, other than those specified in subparagraphs 3 through 5.
(2) The Minister of Security and Public Administration shall publicly notify public service-related organizations designated under paragraph (1) (hereinafter referred to as "public service-related organizations") by the end of each quarter in the Official Gazette. <Amended by Presidential Decree No. 21841, Nov. 23, 2009; Presidential Decree No. 23271, Oct. 28, 2011; Presidential Decree No. 24425, Mar. 23, 2013>
(3) Where a public service-related organization no longer falls under the scope of public service-related organizations under paragraph (1) due to any amendment to Acts or articles of association or other grounds, it shall be deemed to be excluded from the list of public service-related organizations when such ground occurs. <Amended by Presidential Decree No. 21841, Nov. 23, 2009>
(4) Where any ground occurs that institutions or organizations under the control of the Government or local governments fall under the scope of public service-related organizations under paragraph (1), the Government or local governments shall immediately notify the Government Public Service Ethics Committee of such fact. <Newly Inserted by Presidential Decree No. 21841, Nov. 23, 2009>
[This Article Newly Inserted by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 4 (Methods, etc. of Indicating Property to be Registered)   print
(1) Deleted. <by Presidential Decree No. 14498, Dec. 31, 1994>
(2) Any intellectual property right to be registered under Article 4 (2) 3 (j) of the Act shall be indicated by specifying the kinds, content, duration, other specifications of such right, annual amount of income derived from such right, and how the income is generated. <Amended by Presidential Decree No. 21289, Feb. 3, 2009>
(3) The property contributed to a nonprofit corporation to be registered under Article 4 (1) and (6) of the Act shall be indicated by specifying the details of such property, the name, seat of a principal office, representative, projects to be accomplished, other specifications of the nonprofit corporation, and the position of a person liable for registration in the nonprofit corporation. <Amended by Presidential Decree No. 21289, Feb. 3, 2009>
(4) The term "actual market price" provided for in Article 4 (3) 1 through 4 and 9 through 13 of the Act refers to the actual purchase amount or the actual sale amount in cases of purchase and sale, etc. and the compensation amount in cases of expropriation, etc. <Amended by Presidential Decree No. 21289, Feb. 3, 2009>
(5) The term "transaction price prescribed by Presidential Decree"in the proviso to Article 4 (3) 7 of the Act means the base price as of the base date of property registration (referring to the weighted average value of transaction volume; hereinafter the same shall apply): Provided, That where the transaction closes prior to the base date of property registration, the closing date shall be the base date. <Amended by Presidential Decree No. 21289, Feb. 3, 2009>
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 Article 4-2 (Methods of Calculating Values When Property is Registered)   print
Where a person liable for registration registers his/her property pursuant to Article 5 (1) or 10 (2) of the Act, the value of property provided for in Article 4 (2) 1, 2 and 3 (f) through (i) (in cases of property provided for in item (i) of the same subparagraph, limited to golf membership) and (k) of the Act shall be calculated based on the appraised value (referring to methods of calculating values, except for actual market prices, provided for in Article 4 (3) 1 through 4, 9 through 11, 12 (proviso) and 13 of the Act) as of the base date on which the property is registered: Provided, That where the appraised value is non existent or it is practically impossible to confirm it, the value of property shall be calculated based on the actual market price.
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 4-3 (Registration Agency)   print
(1) The term "administrative agencies, such as committees prescribed by Presidential Decree" in Article 5 (1) 5 of the Act means any of the following administrative agencies: <Amended by Presidential Decree No. 23271, Oct. 28, 2011; Presidential Decree No. 24425, Mar. 23, 2013>
1. The Office of the President;
2. The Office of National Security;
3. The Presidential Security Service;
4. The Office for Government Policy Coordination;
5. The Office of Prime Minister;
6. The National Human Rights Commission;
7. The Korea Communications Commission;
8. The Nuclear Safety and Security Commission;
9. The Korea Fair Trade Commission;
10. The Financial Services Commission;
11. The Anti-Corruption and Civil Rights Commission.
(2) Each registration agency provided for in Article 5 (3) of the Act shall be as follows: <Amended by Presidential Decree No. 24425, Mar. 23, 2013>
1. For public officials affiliated with any regional environmental office prescribed by the Minister of Environment, the relevant regional environmental office;
2. For public officials affiliated with any agency prescribed by the Minister of Land, Infrastructure and Transport, the relevant agency;
3. For public officials affiliated with any regional tax office prescribed by the Commissioner of the National Tax Service, the relevant regional tax office;
4. For public officials affiliated with any local police agency prescribed by the Commissioner of the National Police Agency, the relevant local police agency;
5. For public officials affiliated with any regional coast guard prescribed by the Commissioner General of the Korea Coast Guard, the relevant regional coast guard.
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 4-4 (Property Registration and Correction of Reported Changes therein)   print
The head of a registration agency may, where any request is filed by any person liable for registration as for matters deemed insignificant by the competent public service ethics committee, such as a mistakenly written item in the estimated amount, from among reported items regarding the registration of property and changed matters in the current status of the property under Articles 5 and 6 of the Act, order him/her to correct such reported matters within 10 days from the deadline of property registration or reporting thereon.
[This Article Newly Inserted by Presidential Decree No. 21841, Nov. 23, 2009]
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 Article 5 (Submission, etc. of Written Agreement on Provision of Information Pertaining to Financial Transactions and Real Estate Information)   print
(1) Any person liable for registration or his/her interested person (referring to a person who falls under Article 4 (1) 2 or 3 of the Act but excluding anyone who is permitted to refuse to publish matters concerning reported property pursuant to Article 12 (4) from among persons provided for in Article 4 (1) 3 of the Act; hereinafter the same shall apply) shall, where he/she asks for the confirmation of their financial data and real estate information pursuant to Article 6 (5) and (6) of the Act, submit their written agreements on the provision of information pertaining to financial transactions and real estate information (hereinafter referred to the "written agreement") to the relevant public service ethics committee through the registration agency by not later than one months before the date when the period for a report on changed matters pursuant to the main sentence of Article 6 (1) of the Act (hereinafter referred to as the "regular period for a report on changed matters") commences. In such cases, the interested person may submit his/her written agreement through a person liable for registration.
(2) Any person liable for registration or his/her interested person shall, when he/she intends to withdraw agreement referred to in paragraph (1), submit the written withdrawal of his/her agreement to the competent public service ethics committee.
(3) Where it is difficult for the interested person to prepare and submit a written agreement referred to in paragraph (1) or the written withdrawal of his/her agreement referred to in paragraph (2) on the grounds that he/she is a minor, the quasi-incompetent, the incompetent, the mentally and physically handicapped or on the other inevitable grounds, the agent of such interested person may prepare and submit the written agreement or the written withdrawal of his/her agreement.
(4) Where national federations, federations, associations, etc, that have been organized by financial institutions as member companies, affiliated companies, etc. (hereinafter referred to as the "associations, etc.") manage the information and communications network for property and credit (referring to the information and communications network under Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.; hereinafter the same shall apply), each public service ethics committee may request the heads of relevant financial institutions to inquire about financial transactions by using the information and communications network of relevant associations, etc. <Amended by Presidential Decree No. 23271, Oct. 28, 2011>
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 5-2 (Scope and Methods of Reporting Details of Stock Transactions)   print
(1) The stocks, details of whose transactions are required to be reported under Article 6-2 (1) of the Act shall be as follows:
1. Stocks listed on the Korea Stock Exchange under Article 373 of the Financial Investment Services and Capital Markets Act;
2. Stocks traded in a manner similar to that on the securities market from among stocks traded on the over-the-counter market under Article 166 of the Financial Investment Services and Capital Markets Act.
(2) The scope of stock transactions required to be reported shall be all stocks traded during a period in which traded stocks are required to be reported under paragraph (1).
(3) Reports on details of stock transactions shall be accompanied with a report on change in stocks appended by a statement detailing the number of commission accounts issued by a financial institution, the date of stock transactions, items, quantity, the amount of actual transactions, etc., or a copy of the commission account ledger.
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 5-3 (Permission for Deferring Reports on Changed Matters)   print
(1) The head of any registration agency shall, when any person liable for registration applies for deferring a report on changed matters in accordance with Article 6-3 (1) of the Act, notify without delay such person liable for registration as to whether he/she grants or denies the requested deferment.
(2) Any person liable for registration may, where the period of deferment prescribed in each subparagraph of Article 6-3 (1) of the Act exceeds three years, apply again to the head of a registration agency for deferring a report on change in stock within three years after filing the report on changed matters under Article 6-3 (3) of the Act.
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 5-4 (Details of Reports on Changed Matters, such as Amount of Movable Properties, etc.)   print
Where the property provided for in Article 4 (2) 3 (f) through (h) and (k) of the Act, which has to be reported pursuant to subparagraph 2 of Article 6-4 of the Act, is traded by means of purchase and sale, etc, the actual market price shall be reported, and where the actual market price is unknown on the grounds of donation, etc. or no property is traded during the corresponding year, the amount that is appraised by experts, etc. shall be reported.
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 6 (Notification of Matters concerning Change of Persons Liable for Registration)   print
If any public official of a government agency or an executive or employee of a public service-related organization becomes liable for registration or is relieved from such liability due to, inter alia, a new appointment, promotion, transfer of a position, change of occupation or retirement, the head of such agency or organization shall report the official announcement of such personnel affairs to the relevant registration agencies prescribed in Articles 5 (1) and (3) and 6 (2) of the Act at the same time as the official announcement thereof is made.
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 7 (Permission for Extension of Time Limit for Property Registration)   print
(1) When a person liable for registration requests an extension of the time limit for property registration under Article 7 of the Act, the head of the relevant registration agency (referring to a registration agency prescribed in Article 5 (1) 5 through7, main sentence of 12, and (3) of the same Article of the Act; hereinafter the same shall apply) shall notify without delay the person liable for registration as to whether such time limit may be extended. In such cases, the time limit for property registration shall not be extended in excess of 20 days for any person subject to the disclosure obligation under Article 10 (1) and (2) of the Act and 30 days for any other person liable for registration.
(2) Where the time limit for property registration is extended on the grounds of a sick leave or an overseas stay, the extended time limit referred to in the latter part of paragraph (1) shall be calculated from the date on which the relevant grounds come to an end.
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 8 (Reports on Current Status of Property Registration)   print
The head of a registration agency shall report the current status of property registration conducted until the previous quarter to the Government Public Service Ethics Committee by the tenth day of each quarter: Provided, That with respect to the current status of property registered with registration agencies provided for in Article 4-3, the head of the registration agency provided for in Article 5 (1) 5 of the Act shall make a comprehensive report thereon. <Amended by Presidential Decree No. 21841, Nov. 23, 2009>
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 9 (Transfer of Property Registration Papers, etc.)   print
When the Committee requests the head of a registration agency to transfer property registration papers, etc. necessary for publishing or examining registered matters, the head of the registration agency shall transfer without delay such papers, etc. which he/she has received and keeps in his/her custody. <Amended by Presidential Decree No. 20099, Jun. 21, 2007>
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 Article 10 (Supplement of Property Registration Papers and Submission, etc. of Materials)   print
(1) Any person liable for registration who receives an order to supplement his/her property registration papers under Article 8 (2) or 8-2 (1) of the Act shall file a supplementary report within 20 days from the date on which he/she is ordered to do so, except in extenuating circumstances.
(2) Any person liable for registration who receives a request for submission of materials or a question in writing from the Committee under Article 8 (3) of the Act shall submit such materials or a written answer within 20 days after he/she receives such request or question, except in extenuating circumstances.
(3) The head of a government agency, local government, public service related organization, other public institution or financial institution which receives a request for a report or submission of materials from the competent public service ethics committee under Article 8 (4) and (5) of the Act shall file such report or submit such materials within 20 days after he/she receives such request, except in extenuating circumstances.
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 10-2 (Submission, etc. of Materials on Financial Transactions)   print
If any public service ethics committee intends to request the head of a financial institution to submit materials on details of any financial transactions under Article 8 (5) of the Act, it may make such request only in any of the following cases to the minimum extent necessary for the purpose of examination:
1. Where it is deemed, in light of the details of the registered property, that the financial property is not registered truthfully;
2. Where a person liable for registration has caused a social criticism with matters regarding his/her property;
3. Where the property shows an excessive increase or decrease in value without any special reason;
4. Where there is a suspicion of omission in matters concerning the property registration.
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 11 (Demand for Attendance of Persons Liable for Registration, Interested Person, etc.)   print
(1) If the Committee demands any attendance under Article 8 (6) of the Act, it shall be done by a written demand for attendance.
(2) Any person liable for registration, his/her spouse, lineal ascendant or descendant, or other person interested in matters concerning the property registration who receives the demand for attendance as referred to in paragraph (1) shall attend the Committee at the designated date and time.
(3) If a person who has received on two or more occasions a demand for attendance under paragraph (1) refuses to comply with a written demand for attendance or fails to attend without any justifiable reason, the Committee may lodge a complaint against him/her with the competent public prosecutor's office. <Amended by Presidential Decree No. 22766, Mar. 29, 2011>
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 12 (Listening Statements, etc.)   print
(1) The Committee may ask a person liable for registration, etc. who is present pursuant to Article 8 (6) of the Act, any question on matters concerning property registration. In such cases, it shall give the person present an opportunity to make a sufficient statement.
(2) Any person liable for registration, etc. referred to in paragraph (1) may request the attendance of any witness. In such cases, the Committee shall decide whether it will accept such request.
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 13 (Reporting on Outcomes of Examination of Delegated Agency on Registered Matters)   print
(1) The head of an agency delegated with the examination of registered matters under Article 8 (11) of the Act shall report the outcomes of examination to the Committee within one month after completion of the examination. In such cases, the proviso to Article 8 shall apply mutatis mutandis to the report.
(2) Reports on the outcomes of the examination referred to in paragraph (1) shall include the following matters:
1. Current status of property registration with the delegated agency;
2. Summary of examination;
3. Results of examination (including opinions on measures to be taken);
4. Other matters necessary for preparing an annual report provided for in Article 36.
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 14 (Supervision and Inspection of Delegated Agency)   print
(1) The Committee may supervise or inspect the performance of delegated affairs of an agency which has been delegated with the examination of registered matters under Article 8 (11) of the Act.
(2) The Minister of Environment, the Minister of Land, Infrastructure and Transport, the Commissioner of the National Tax Service, the Commissioner of the National Police Agency or the Commissioner General of the Korea Coast Guard may, when he/she designates government offices under his/her control as registration agencies pursuant to Article 4-3 (2), supervise or inspect the performance of their delegated registration affairs. <Amended by Presidential Decree No. 24425, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 14-2 (Request, etc. to Vindicate Process of Acquiring Property)   print
(1) Where any person subject to the disclosure obligation who falls under each subparagraph of Article 10 (1) of the Act, and any candidate for public office, etc. who falls under each subparagraph of Article 10 (2) of the Act (hereinafter referred to as "person subject to the disclosure obligation, etc.") falls under any of the following subparagraphs, the relevant public service ethics committee may ask them to vindicate the process of acquiring property pursuant to Article 8 (13) of the Act:
1. Where considerable grounds exist to suspect that they have illegally acquired their property by taking advantage of their official duties;
2. Where it is necessary to verify suspicions that they have illegally gained interests in goods and property in violation of other Acts and subordinate statues provided for in Article 8-2 (5) of the Act;
3. Where they have caused social controversies over the problem of their property;
4. Where their property has unquestionably increased or decreased without any justifiable grounds therefor taking into account their remuneration levels, etc.;
5. Where the public service ethics committee resolves to ask for their vindications on the grounds corresponding to those referred to in subparagraphs 1 through 4.
(2) Anyone who is asked to vindicate the process of acquiring property shall submit a written vindication and evidential data to the public service ethics committee within 20 days from the date on which he/she is asked to do so, except in extenuating circumstances.
(3) Anyone who is asked to vindicate the process of acquiring property shall, where he/she is unable to submit the evidential data on the grounds of its missing, destruction, damage, etc., vindicate the fact to the public service ethics committee and submit a written vindication substituting the evidential data detailing the transaction time, the transaction counterpart, the transaction purpose, etc. (hereinafter referred to as "written vindication substituting the evidential data") to the public service ethics committee.
(4) The public service ethics committee may, in the course of verifying the details of the written vindication substituting the evidential data, ask for the submission of additional vindication or evidential data.
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 15 (Notification on Outcomes of Measures Taken against Requests for Decisions on Disciplinary Actions, etc.)   print
The head of an agency or public service-related organization with which a public official or an executive or employee against whom a request for dismissal or demand for decision on disciplinary action is made under Articles 8-2 (1) 4 and 22 of the Act is affiliated shall notify the Committee of the outcomes of measures taken thereby.
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 15-2 (Jurisdictions of Public Service Ethics Committees)   print
The specific jurisdiction of each public service ethics committee over the Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities, Dos, Special Self-Governing Provinces, Sis/Guns/Gus, that of each public service ethics committee over educational offices of the Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities, Dos, and Special Self-Governing Provinces, and that of the Government Public Service Ethics Committee provided for in Article 9 (2) 5 through 8 of the Act shall be as shown in the attached Table 1-2. <Amended by Presidential Decree No. 23271, Oct. 28, 2011>
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 16 (Organization of Government Public Service Ethics Committee, etc.)   print
(1) The President shall appoint seven members, including the Chairperson of the Government Public Service Ethics Committee (hereafter referred to in this Article, Articles 17 through 22 and 22-2 as "Government Ethics Committee") from among persons falling under the main sentence of Article 9 (3) of the Act.
(2) The Vice Minister II of the Ministry of Security and Public Administration shall serve as the Vice-Chairperson of the Government Ethics Committee. <Amended by Presidential Decree No. 24425, Mar. 23, 2013>
(3) The President shall appoint three members of the Government Ethics Committee from among government public officials, in addition to members under paragraphs (1) and (2).
[This Article Wholly Amended by Presidential Decree No. 23271, Oct. 28, 2011]
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 Article 17 (Terms of Office of Chairperson and Members of Government Ethics Committee)   print
(1) The Chairperson and members of the Government Ethics Committee shall serve for a term of two years, and they may be reappointed only once. <Amended by Presidential Decree No. 23271, Oct. 28, 2011>
(2) Notwithstanding the provisons of paragraph (1), the term of office of a member of the Government Ethics Committee appointed from among government public officials shall coincide with the term of service in his/her position. <Amended by Presidential Decree No. 23271, Oct. 28, 2011>
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 18 (Duties of Chairperson and Vice-Chairperson of Government Ethics Committee)   print
(1) The Chairperson of the Government Ethics Committee shall represent the Government Ethics Committee and exercise a general supervision and control over the affairs of the Government Ethics Committee. <Amended by Presidential Decree No. 23271, Oct. 28, 2011>
(2) If the Chairperson of the Government Ethics Committee is unable to perform his/her duties due to unavoidable circumstances, the Vice-Chairperson of the Government Ethics Committee shall act as Chairperson on his/her behalf. <Amended by Presidential Decree No. 23271, Oct. 28, 2011>
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 19 (Meetings, etc. of Government Ethics Committee)   print
(1) The Chairperson of the Government Ethics Committee shall convene a meeting of the Government Ethics Committee and preside over it. <Amended by Presidential Decree No. 23271, Oct. 28, 2011>
(2) Meetings of the Government Ethics Committee shall commence with the attendance of a majority of all registered members, and shall pass a resolution by concurrent votes of a majority of members present: Provided, That a resolution on the following matters shall be passed by concurrent votes of not less than two-thirds of members present: <Amended by Presidential Decree No. 23271, Oct. 28, 2011>
1. Requests for examination under Article 8 (7) of the Act and approval therefor under Article 8 (12) of the Act;
2. Measures taken under Article 8-2 (1) of the Act or notifications to the heads of relevant administrative agencies under paragraph (5) of the same Article;
3. Demand for a dismissal or disciplinary action under Article 22 of the Act;
4. Accusation against those who fall under Articles 24, 24-2, 25 through 28, 28-2, and 29 of the Act.
(3) No member of the Government Ethics Committee shall participate in any examination or decision of the Government Ethics Committee with respect to the following matters: <Amended by Presidential Decree No. 23271, Oct. 28, 2011>
1. Matters directly related to a member himself/herself;
2. Matters related to a person who has or has had a familial relationship with a member himself/herself;
3. Matters with respect to which a member himself/herself is a witness or an expert.
(4) The number of members who are not permitted to participate in an examination or decision of the Government Ethics Committee under paragraph (3) shall be excluded from the number of registered members calculated pursuant to paragraph (2). <Amended by Presidential Decree No. 23271, Oct. 28, 2011>
(5) No meeting of the Committee shall be made public. <Amended by Presidential Decree No. 23271, Oct. 28, 2011>
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 20 (Executive Secretary, etc. of Government Ethics Committee)   print
(1) In order to manage the affairs of the Government Ethics Committee and conduct a fact-finding survey, etc., several executive secretaries and clerical employees shall be assigned to the Government Ethics Committee. <Amended by Presidential Decree No. 23271, Oct. 28, 2011>
(2) The executive secretaries shall be appointed by the Minister of Security and Public Administration and Security from among officials who belong to the Ministry of Security and Public Administration. <Amended by Presidential Decree No. 24425, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 21 (Allowances, etc.)   print
The Chairperson, Vice-Chairperson and members of the Government Ethics Committee may receive allowances, travel expenses and other necessary expenses within budgetary limits. <Amended by Presidential Decree No. 23271, Oct. 28, 2011>
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 22 (Operational Rules of Government Ethics Committee)   print
The following matters shall be prescribed by operational rules of the Government Ethics Committee following a resolution passed at a meeting of the Government Ethics Committee:
1. Matters concerning the criteria necessary to conduct examinations and make decisions in accordance with Article 9 (1) of the Act;
2. Matters concerning the operation of the Government Ethics Committee, subcommittees affiliated therewith pursuant to Article 9 (5) of the Act (hereinafter referred to as "subcommittees") and specialized committee members, except those prescribed by the Act or this Decree.
[This Article Wholly Amended by Presidential Decree No. 23271, Oct. 28, 2011]
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 Article 22-2 (Subcommittees)   print
(1) The Government Ethics Committee may establish three or less subcommittees, each of which consists of five or less members.
(2) Members of each subcommittee shall be appointed or commissioned by the Chairperson of the Government Ethics Committee from among the following persons, and the chairperson of each subcommittee shall be nominated by the Chairperson of the Government Ethics Committee from among the members of the Government Ethics Committee:
1. Members of the Government Ethics Committee;
2. Public officials in charge of affairs concerning public service ethics under the Act and this Decree;
3. Persons who have abundant expertise and experience in the field of public service ethics.
(3) Each subcommittee shall perform the following activities:
1. Prior review and adjustment of topics to be discussed at a meeting of the Government Ethics Committee;
2. Technical research and study of topics to be discussed at a meeting of the Government Ethics Committee;
3. Matters determined by the Government Ethics Committee to be deliberated by each subcommittee.
(4) Each subcommittee shall open its meetings with the attendance of a majority of the total members and resolutions on matters shall be passed with the concurrent votes of a majority of those present.
(5) The Government Ethics Committee shall reimburse to the members of each subcommittee allowances, travel expenses, or other necessary expenses within budgetary limits.
[This Article Newly Inserted by Presidential Decree No. 23271, Oct. 28, 2011]
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 Article 23 (Designation of Persons in Charge)   print
The head of a registration agency shall designate employees under his/her control as persons in charge of affairs concerning property registration, reports on gifts, and restrictions on employment, business handling and business activities of retired public officials, and notify the Committee thereof. <Amended by Presidential Decree No. 23271, Oct. 28, 2011>
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 24 (Persons Subject to Disclosure Obligation)   print
(1) Deleted. <by Presidential Decree No. 23271, Oct. 28, 2011>
(2) The term "public officials in foreign service prescribed by Presidential Decree" in Article 10 (1) 4 of the Act means public officials in foreign service whose duty grade ranks in between Grades XII through XIVunder Article 51 of the Public Officials Remuneration Regulations or those in foreign service belonging to the Senior Civil Service whose duty grade ranks in GradeI.
(3) Public officials of the Government whose registered property is to be disclosed under Article 10 (1) 12 of the Act shall be specified as follows:
1. Officers in research service and technical advice service, school inspectors and education researchers who are assigned to positions equivalent to public officials in general service or in special service belonging to the Senior Civil Service referred to in paragraph (1);
2. Contract public officials who are appointed to posts that make it eligible for them to be appointed as public officials falling under subparagraph 1.
(4) Executives of public service-related organizations whose registered property is to be disclosed under Article 10 (1) 12 of the Act shall be as follows: <Amended by Presidential Decree No. 21841, Nov. 23, 2009>
1. The heads of the relevant institutions and organizations whose amount invested, contributed, and subsidized or re-invested and re-contributed by the Government and local governments is not less than 20 billion won, from among institutions and organizations under Article 3-2 (1);
2. The heads of the relevant institutions and organizations whose amount invested, contributed, and subsidized by the Government and local governments is not less than ten billion won, from among public service-related organizations whose executives are approved or appointed by the head of the central administrative agency or local government;
3. The heads of the relevant institutions and organizations who are appointed or dismissed by the President, from among public service-related organizations whose executives are approved or appointed by the head of the central administrative agency or local government.
(5) The Minister of Security and Public Administration shall publicize the executives of public service-related organizations whose registered property is to be disclosed under paragraph (4) in the Official Gazette by the end of each half term. <Amended by Presidential Decree No. 21841, Nov. 23, 2009; Presidential Decree No. 23271, Oct. 28, 2011; Presidential Decree No. 24425, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 25 (Submission of Lists of Property to be Disclosed)   print
Any person who is subject to the disclosure obligation under Article 10 (1) and (2) of the Act shall prepare a list of registered property to be disclosed, and submit such list to the relevant registration agency as at the time he/she registers property or reports the changed matters under Articles 5 and 6 of the Act.
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 26 (Permission for Public Inspection and Reproduction of Registered Matters)   print
A person who is entitled to permit the public inspection and reproduction provided for in Article 10 (3) of the Act shall be as follows:
1. For permission regarding the public inspection and reproduction falling under Article 10 (4) 1 through 3 of the Act, the Committee (if the authority on examination is delegated to the head of a registration agency under Article 8 (11) of the Act, then the head of the relevant registration agency (limited to cases falling under Article 10 (4) 3 of the Act));
2. For permission regarding the public inspection and reproduction falling under Article 10 (4) 4 of the Act, the head of a registration agency (if the property registration papers are transferred to the Committee under Article 9, then the Committee).
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 27 (Application for Permission, etc. for Refusal to Publish Registered Property)   print
(1) When an independent family member, among lineal ascendants and descendants of a person liable for registration provided for in Article 4 (1) 3 of the Act (hereinafter referred as "lineal ascendant and descendant"), intends to obtain permission for refusal to publish his/her property pursuant to Article 12 (4) of the Act, the person liable for registration shall file an application for permission for refusal to publish property with the competent public service ethics committee through the relevant registration agency by a deadline based on the following conditions: <Amended by Presidential Decree No. 21841, Nov. 23, 2009; Presidential Decree No. 23271, Oct. 28, 2011>
1. When property shall be registered pursuant to Article 5 (1) of the Act: Within 30 days from the date he/she becomes liable for registration;
2. When a report under Article 6 (1) of the Act shall be submitted: Within 30 days from the beginning of the reporting period;
3. When changed property shall be reported because the cause of deferment ceases to exist in accordance with Article 6-3 (3) of the Act: Within 15 days from the date the cause of deferment ceases to exist;
4. When property shall be registered pursuant to Article 10 (2) of the Act: Within 15 days from the date he/she becomes subject to the disclosure obligation.
(2) The competent public service ethics committee shall decide whether to grant permission and notify the applicant of such decision within 10 days from the date on which it receives the application referred to in paragraph (1) and may, if it is deemed necessary, extend the period for decision and notification within 10 days. <Amended by Presidential Decree No. 21841, Nov. 23, 2009>
(3) The competent public service ethics committee may, where it is deemed necessary to deliberate on the refusal to publish matters concerning registered property, order a person liable for registration to submit the relevant material in the form of a document or to submit it by using the information and communications network, etc.
(4) Where the competent public service ethics committee decides not to grant permission for refusal under paragraph (2) to the lineal ascendants or descendants of any person who has his/her property registered pursuant to Article 5 (1) and 10 (2) of the Act, it is deemed that the head of the registration agency determines to extend the time limit for property registration for a person liable for registration pursuant to Article 7 of the Act, on the day on which he/she decides not to grant the permission. In such cases, the extended period shall be 30 days (20 days for persons subject to the disclosure obligation ) and the time limit shall be calculated from the date on which the competent public service ethics committee notifies.
(5) Any person who is permitted to refuse to publish his/her property pursuant to paragraph (2) shall file an application for re-examination on permission for such refusal with the competent public service ethics committee during the third-year regular period for a report on changed matters, every three years from the date on which he/she is permitted to do so.
(6) The competent public service ethics committee shall, upon receiving an application for such re-examination referred to in paragraph (5), decide whether to permit the refusal to publish property and notify the result to the applicant on or before November 30 of the relevant year.
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 27-2 (Requirements for Permission for Refusal to Publish Matters concerning Registered Property)   print
(1) The term "dependents" referred to in the former part of Article 12 (4) of the Act means the lineal ascendants or descendants who are unable to independently earn their living on the grounds of their low incomes or their inability to earn any income and who are financially supported by any person liable for registration.
(2) Any public service ethics committee shall, when it intends to judge whether anyone is able to independently earn his/her living or not pursuant to paragraph (1), take into account the following matters:
1. In cases of lineal ascendants: The age, whether to have a job or property, amount of incomes that are regularly generated from his/her job, business or property, etc.;
2. In cases of lineal descendants: The age, whether he/she has a separate household on his/her resident registration card, whether to have a job, the period of holding a job, amount of incomes that are regularly generated from his/her job or business, etc.
(3) Any public service ethnics committee shall, when it intends to determine the amount of the regular income referred to in each subparagraph of paragraph (2), take into account the minimum living cost that is published pursuant to Article 6 of the National Basic Living Security Act, the number of family members, the residental area, the price level and other necessary matters.
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 27-3 (Scope of Public Officials Affiliated with Ministry of Strategy and Finance and Financial Services Commission)   print
The term "persons prescribed by Presidential Decree" in the main sentence of Article 14-4 (1) of the Act, with the exception of its subparagraph, means public officials belonging to the Senior Civil Service or public officials of Grade IV or higher in their ranks (including public officials corresponding thereto) belonging to the bureaus (including headquarters, groups, departments and teams) controlling finance in the Ministry of Strategy and Finance, such as financial policy, banking, stocks and insurance, and public officials belonging to the Senior Civil Service and public officials of Grade IV or higher in their ranks (including public officials corresponding thereto) belonging to the Financial Services Commission.
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 27-4 (Lower Limit Value of Stocks Subject to Blind Trust)   print
The term "amount prescribed by Presidential Decree" in the main sentence of Article 14-4 (1) of the Act, with the exception of its subparagraph, and Article 14-5 (6) of the Act, and the term "amount prescribed by Presidential Decree" in paragraph (2) of the Addenda of the amended Public Service Ethics Act (Act No. 7493) mean 30 million won, respectively.
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 27-5 (Operational Methods of Trusted Property)   print
The term "scope prescribed by Presidential Decree" in the proviso to Article 14-4 (1) 2 (c) of the Act means the scope prescribed by the Financial Investment Services and Capital Markets Act (excluding what are operated by the method that the trusters specifically provide the items of stocks).
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 27-6 (Methods of Report and Disclosure)   print
(1) Persons intending to make reports on the sales of stocks or the fact of concluding the contract for blind trust of stocks under Article 14-4 (1) or 14-6 (2) of the Act shall submit the written report to the relevant registration agency, along with evidential data.
(2) The head of registration agency who has received the reports on sales of stocks or the fact of concluding the contract for blind trust of stocks under Article 14-4 (1) or 14-6 (2) of the Act shall publish the details on the Official Gazette or official bulletins within one month from the date of the receipt of the reports and make them available to the public: Provided, That in the cases of the public officials belonging to the Ministry of Strategy and Finance and the Financial Services Commission under Article 27-3, the Minister of Strategy and Finance and the Financial Services Commission that have received such reports shall without delay notify the Minister of Security and Public Administration of the sales of stocks or the fact of concluding the contract for blind trust of stocks as reported by the public officials under their control, and the Minister of Security and Public Administration shall publish the details on the Official Gazette or official bulletins within one month from the date of receipt of the notification and make them available to the public. <Amended by Presidential Decree No. 24425, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 27-7 (Operation, etc. of Examination Committee on Blind Trust of Stocks)   print
(1) The Chairperson of the Examination Committee on Blind Trust of Stocks under Article 14-5 of the Act (hereinafter referred to as the "Examination Committee") shall represent the Examination Committee, and make overall control of the Examination Committee, such as convening meetings of the Examination Committee and presiding it.
(2) The Examination Committee shall have one Vice-Chairperson, elected among its members, and when the Chairperson is unable to discharge his/her duty due to unavoidable circumstances, the Vice-Chairperson shall perform the Chairperson's duties on his/her behalf.
(3) Meetings of the Examination Committee shall commence with the attendance of a majority of all registered members, and make a decision with affirmative votes of a majority of those present.
(4) In addition to those prescribed in paragraphs (1) through (3), Articles 19 (3) through (5) and 20 through 22 shall, respectively, apply mutatis mutandis to the operation of the Examination Committee.
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 27-8 (Judgement Criteria for Business Relationship)   print
(1) In making judgment on the relationship between stocks and business under Article 14-5 (8) of the Act, consideration shall be given to whether or not persons, etc. subject to the disclosure obligation under Article 14-4 (1) of the Act engage in any of the following businesses which enable the said persons to obtain considerable information on the operation or property right of an enterprise which has issued stocks possessed by the said persons themselves or their interested persons or to extend influences thereon, or direct and supervise the relevant business:
1. Business relating to the drafting, execution, etc. of policies or statutes on related business types;
2. Business relating to various criminal investigation, audit, inspection and testing;
3. Business relating to authorization, permission, license, patents, etc.;
4. Business relating to the investigation, imposition and collection of taxes;
5. Business relating to the legal direction and supervision;
6. Business relating to the compilation, deliberation and execution of the budget, or to contracts for works and goods;
7. Business relating to the inquiry, ruling, etc. of the statutory cases;
8. Other business recognized by the Examination Committee as having business relationship.
(2) The Examination Committee may determine the specific types of stocks or items, and make public notification as having no business relationship.
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 27-9 (Reasons for Stock Acquisition)   print
The term "reasons determined by Presidential Decree" in the main sentence of Article 14-6 (2) of the Act means the following reasons:
1. Where stocks are acquired by a donation (including a testation), an exercise of security rights or a receipt, etc. of payment in substitute;
2. Where stocks are acquired by the exercise of rights of convertible bonds, bonds with warrant, or exchangeable bonds;
3. Where members of an employee stock ownership association acquire their stocks through such association;
4. Where stocks are acquired by the exercise of stock options;
5. Where stocks are acquired by the exercise of rights to perform securities option trading made before becoming persons, etc. subject to the disclosure obligation under Article 14-4 (1) of the Act;
6. Where stocks are acquired by the exercise of preemptive rights for stocks acquired under subparagraphs 1 through 4.
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 27-10 (Evaluation and Notification of Trusted Property)   print
The trustee institution of stocks in blind trust shall evaluate, under Article 14-8 (2) of the Act, the trusted property on the basis of the last day of each quarter (meaning the preceding day thereto where the last day is a legal holiday or no service day of the trustee institution), and when the gross value of the trusted property has fallen to 30 million won, it shall notify the competent public service ethics committee of such fact within one month after the last day of each quarter: Provided, That in cases of the last quarter of each year, such fact may be reported together with a report on trust situation under Article 14-8 (1) of the Act.
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 28 (Value of Gifts)   print
Gifts to be reported under Article 15 (1) of the Act shall be those which amount to one hundred U. S. dollars or more at the market price in a donating country or a country to which a foreign donator belongs, or one hundred thousand won or more at the market price in Korea as at the time the gifts are received.
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 29 (Management and Maintenance of Gifts)   print
(1) If the head of an agency or public service-related organization has received a report on gifts under Article 15 (1) of the Act, he/she shall transfer such gifts to the head of the relevant registration agency as provided for in Article 5 (1) of the Act within 30 days after he/she receives the report under the Ordinance of the Ministry of Security and Public Administration: Provided, That the heads of the registration agencies of the Government and the heads of public service-related organizations under the control of the Ministries and Administrations of Government shall transfer such gifts to the Minister of Security and Public Administration (in cases of military personnel and military civilian employees, to the Minister of National Defense). <Amended by Presidential Decree No. 24425, Mar. 23, 2013>
(2) The head of an agency or organization who has taken over gifts under paragraph (1) shall manage and maintain them, but those gifts which have any cultural or artistic merit and are required to be preserved permanently shall be transferred to the central management agency of public archives under Article 9 of the Act on the Management of Public Archives, and gifts which are deemed to be more efficiently managed and maintained by other agencies shall be transferred to the head of such agency.
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 30 (Disposal of Gifts)   print
(1) The head of an agency who has taken over gifts under Article 29 may transfer those gifts which are deemed unnecessary to be managed and maintained continuously as national property to the Administrator of the Public Procurement Service to dispose of such gifts through consultation with the Minister of Foreign Affairs. <Amended by Presidential Decree No. 24425, Mar. 23, 2013>
(2) In disposing of any gift, if a person who has reported the receipt thereof wishes to purchase it, the Administrator of the Public Procurement Service shall allow the reporting person to purchase such gift on a priority basis at the price appraised by a specialized institution which is entrusted by the Administrator.
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 31 (Persons Subject to Employment Review)   print
Public officials and executives and employees of public service-related organizations whose employment is restricted under Article 17 (1) of the Act (hereinafter referred to as "persons subject to employment review") shall be those liable for registration provided for in Article 3 of the Act. <Amended by Presidential Decree No. 23271, Oct. 28, 2011>
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 32 (Scope of Business Connection with Private Enterprises in which Employment is Restricted)   print
(1) The term "duties of a department with which he/she has been affiliated" in the main sentence of Article 17 (1) of the Act means the duties of a division (including any office equivalent to the division) for the chief of the relevant division and public officials under his/her control, and the duties of a department in charge of the control and supervision according to the service regulations, the articles of incorporation, rules for any public official higher than the chief of the division in his/her rank. In such cases, with respect to any official seconded, his/her duties shall be determined based on the duties of a department in an institution or an organization to which he/she is seconded.
(2) The term "duties prescribed by Presidential Decree" in Article 17 (2) 8 of the Act means duties deemed to have a direct and considerable influence on any property right of a private enterprise, etc. referred to in paragraph (1) of the aforesaid Article (hereinafter referred to as "private enterprise, etc.") depending on the method of handling such duties. <Amended by Presidential Decree No. 23271, Oct. 28, 2011>
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 33 (Size and Scope of Private Enterprises, etc. where Employment is Restricted)   print
(1) The size of a private enterprise, etc. in which employment is restricted pursuant to Article 17 (1) and (7) of the Act, shall be as follows: <Amended by Presidential Decree No. 23271, Oct. 28, 2011>
1. A profit-making private enterprise whose paid-in capital amounts to not less than five billion won and whose annual turnover (if sales are exempt from value-added tax, including revenues from such sales; hereinafter the same shall apply) amounts to not less than 15 billion won;
2. Any of the following private enterprises, etc. whose annual turnover amounts to not less than 15 billion won:
(a) A law firm, etc. under Article 17 (1) 3 of the Act;
(b) An accounting firm under Article 17 (1) 4 of the Act;
(c) A foreign legal consultant office under Article 17 (1) 6 of the Act;
3. A tax firm under Article 17 (1) 5 of the Act, the annual turnover of which amounts to not less than five billion won.
(2) Any corporation or association under Article 17 (1) 2 of the Act (hereinafter referred to as "association") shall be limited to an association in which a private enterprise whose employment is restricted pursuant to subparagraph 1 of the aforesaid paragraph joins as a member: Provided, That any of the following associations shall be excluded therefrom: <Amended by Presidential Decree No. 23271, Oct. 28, 2011>
1. An association entrusted with the administrative affairs of the State or a local government;
2. An association whose executives are appointed by, or their selections and appointments are subject to the approval of the head of the relevant State agency or local government.
(3) The Minister of Security and Public Administration shall determine private enterprises, etc. (excluding associations; hereafter the same shall apply in this Article) referred to in paragraph (1), and publish their names in the Official Gazette in December of each year. <Amended by Presidential Decree No. 23271, Oct. 28, 2011; Presidential Decree No. 24425, Mar. 23, 2013>
(4) The Commissioner of the National Tax Service shall prepare, as a digital file for determining private enterprises, etc. referred to in paragraph (3), a statement of each private enterprise, etc. falling under paragraph (1) at the end of the preceding taxable period or the preceding fiscal year of such private enterprise, etc., and notify the Minister of Security and Public Administration thereof by not later than the 31st of October of each year. <Amended by Presidential Decree No. 23271, Oct. 28, 2011; Presidential Decree No. 24425, Mar. 23, 2013>
(5) When a person subject to employment review is employed by an association falling under each subparagraph of paragraph (2), the head of the central administrative agency, local government or public service-related organization with which such person is affiliated shall report the following matters to the competent public service ethics committee by the end of February of each year: <Newly Inserted by Presidential Decree No. 23271, Oct. 28, 2011>
1. The basis for entrusting administrative affairs to an association;
2. Current status of the appointment and approved selection of an association's executives.
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 33-2 (Requests for Confirming Whether Employment is Restricted)   print
Where a person subject to employment review intends to request to confirm whether his/her employment is restricted pursuant to the main sentence of Article 18 (1) of the Act, he/she shall submit a written request for confirming whether employment is restricted to the head of an agency with which he/she is affiliated at the time of his/her retirement (if such agency has ceased to exist, it means an agency that has succeeded to the duties thereof; hereinafter referred to as "head of an affiliated agency") by not later than 30 days before the commencement of his/her employment, as prescribed by Ordinance of the Ministry of Security and Public Administration. <Amended by Presidential Decree No. 24425, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23271, Oct. 28, 2011]
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 Article 33-3 (Confirmation on Whether Employment is Restricted)   print
(1) The head of an affiliated agency in receipt of a written request for confirming whether employment is restricted pursuant to Article 33-2 shall transfer the written request to the head of its affiliated central administrative agency or local government within five days from the date of receipt of the written request along with his/her written opinion regarding the matters requested for confirmation, and the head of its affiliated central administrative agency or local government shall transfer the written request to the competent public service ethics committee within five days from the date of receipt of the written request along with his/her written opinion after investigating and verifying the following matters: Provided, That in cases where the head of an affiliated agency is the head of a central administrative agency or local government, he/she shall transfer a written request for confirming whether employment is restricted to the competent public service ethics committee within five days from the date he/she receives the written request from a person subject to employment review: <Amended by Presidential Decree No. 22766, Mar. 29, 2011; Presidential Decree No. 23271, Oct. 28, 2011>
1. Whether an enterprise for which a person subject to employment review intends to work is a private enterprise, etc. where employment is restricted pursuant to Article 17 (1) of the Act;
2. Whether duties of a department performed by a person who has requested to confirm whether his/her employment is restricted within five years prior to his/her retirement, have a close connection under Article 17 (1) of the Act with those of a private enterprise, etc. for which he/she intends to work;
3. Whether an association for which he/she intends to work falls under Article 33 (2).
(2) The competent public service ethics committee shall examine a written request for confirming whether employment is restricted (including a written request under Article 33-4 (3)) received pursuant to paragraph (1) and notify a person who has submitted the written request, the head of his/her affiliated agency and the head of its affiliated central administrative agency or local government, respectively as to whether his/her employment at a private enterprise, etc. is restricted pursuant to the main sentence of Article 17 (1) of the Act. In such cases, if the said person's employment is restricted, notice of reasons for employment restriction shall be given, and if his/her employment is approved by the competent public service ethics committee, notice that his/her employment is possible shall be given. <Amended by Presidential Decree No. 22766, Mar. 29, 2011; Presidential Decree No. 23271, Oct. 28, 2011>
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 33-4 (Prior Employment)   print
(1) When a person subject to employment review who has requested to confirm whether his/her employment is restricted pursuant to Article 33-2 falls under any of the following subparagraphs, he/she may apply for prior employment to the competent public service ethics committee, through the head of an affiliated agency: <Amended by Presidential Decree No. 23271, Oct. 28, 2011>
1. When the head of the central administrative agency or local government with which he/she is affiliated fails to transfer a written request for confirming whether his/her employment is restricted to the competent public service ethics committee by not later than 20 days before the commencement of his/her employment;
2. When the first day of his/her employment is advanced;
3. When his/her prior employment is required on the grounds other than those specified in subparagraphs 1 and 2.
(2) When the competent public service ethics committee in receipt of a request for prior employment pursuant to paragraph (1) deems that there are extenuating circumstances, such as a difficulty in changing the first day of employment, it may approve prior employment before confirming whether employment is restricted. In such cases, the competent public service ethics committee shall notify the applicant for such prior employment and the head of the central administrative agency or local government with which such applicant is affiliated as to whether it approves the prior employment.
(3) Even though a person whose employment is restricted applies for prior employment pursuant to paragraph (1), the head of the central administrative agency or local government with which he/she is affiliated shall transfer a written request for confirming whether his/her employment is restricted to the competent public service ethics committee. <Amended by Presidential Decree No. 23271, Oct. 28, 2011>
[This Article Newly Inserted by Presidential Decree No. 22766, Mar. 29, 2011]
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 Article 34 (Approval for Employment)   print
(1) Each retired public official who intends to obtain approval for his/ her employment under Article 18 (2) of the Act shall file an application for approval for employment with the head of an affiliated agency by not later than 30 days prior to the commencement of his/her employment, as prescribed by Ordinance of the Ministry of Security and Public Administration and Security. <Amended by Presidential Decree No. 23271, Oct. 28, 2011; Presidential Decree No. 24425, Mar. 23, 2013>
(2) The head of an affiliated agency in receipt of an application for approval for employment pursuant to paragraph (1) shall transfer the application to the head of its affiliated central administrative agency or local government within five days from the date of receipt, along with his/her written opinion on such application, and the head of its affiliated central administrative agency or local government shall transfer the application for approval for employment to the competent public service ethics committee within five days from the date of receipt, along with his/her written opinion (in cases falling under each subparagraph of paragraph (3), including the reasons therefor) after reviewing matters under each subparagraph of Article 33-3 (1): Provided, That in cases where the head of an affiliated agency is the head of a central administrative agency or local government, he/she shall transfer an application for approval for employment to the competent public service ethics committee within five days from the date he/she receives the application from a person subject to employment review. <Amended by Presidential Decree No. 23271, Oct. 28, 2011>
(3) When the competent public service ethics committee in receipt of an application for approval for employment under paragraph (1) deems that any of the following special grounds exists, taking into account the opinion under paragraph (2), the job performance of the employment applicant prior to his/her retirement, and the possibility to have influence after his/her employment, it may approve such employment pursuant to the proviso to Article 17 (1) of the Act: <Amended by Presidential Decree No. 21841, Nov. 23, 2009; Presidential Decree No. 23271, Oct. 28, 2011>
1. Where the applicant is required to be employed for national security or bolstering the national competitiveness and enhancing public interest;
2. Where the applicant is dismissed regardless of his/her will due to the abolishment of posts or excessive staffing following the revision of the service regulations, reduction of the prescribed number, budget cuts, etc.;
3. Where a private enterprise, etc. in which the State or a local government invests or reinvests needs to improve its management;
4. Where it is deemed that the applicant who holds a qualification in a technical field under the National Technical Qualifications Act (including any civil qualification holder officially recognized by the State under the Framework Act on Qualifications) may contribute to the development of the relevant industrial area and the promotion of science and technology;
5. Where the applicant is selected and appointed as a manager, executive or employee of the relevant private enterprise, etc. in compliance with a decision made by the court or under the provisions of any Act or subordinate statute;
6. Where the applicant was employed for a specific period to a position requiring professional knowledge and technology under an employment contract, and is to be re-employed after retirement in the field wherein he/she had been engaged before;
7. In cases of the applicant affiliated with a division under the former part of Article 32 (1) (including any office equivalent to the division), where a close connection does not exist between the duties that he/she was in direct charge and the private enterprise, etc. for which he/she intends to work and the possibility to have influence after his/her employment is extremely slim.
(4) Notwithstanding the provisions of paragraph (3), the competent public service ethics committee shall grant approval in any of the following cases unless extenuating circumstances exist: <Newly Inserted by Presidential Decree No. 23271, Oct. 28, 2011>
1. In cases falling under paragraph (3) 2;
2. In cases falling under paragraph (3) 6, in which the head of an affiliated agency employs a retired public official through prior consultation with the competent public service ethics committee in order to secure human resources with expertise and specialty.
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 35 (Confirmation of Employment, etc.)   print
(1) Deleted. <by Presidential Decree No. 23271, Oct. 28, 2011>
(2) When it is necessary for any of the following confirmation or approval, the head of an affiliated agency, the head of a central administrative agency, the head of a local government, or the competent pubic service ethics committee may request the head of a related agency or organization to provide relevant materials, and the head of the agency or organization in receipt of such request shall promptly provide such materials except as otherwise provided for in any Act or subordinate statute: <Amended by Presidential Decree No. 23271, Oct. 28, 2011>
1. Confirmation on whether a retired public official is employed pursuant to Article 19-2 (1) of the Act;
2. Confirmation on whether employment is restricted or approval of employment pursuant to Article 33-3 and 34 (2) and (3);
3. Approval of business handling pursuant to Article 35-2;
4. Confirmation on a statement of business operations pursuant to Article 35-3.
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 35-2 (Procedures for Granting Approval of Business Handling, etc.)   print
(1) When a retired public official intends to obtain approval of business handling pursuant to Article 18-2 (3) of the Act, he/she shall submit an application for approval for business handling to the competent public service ethics committee through the head of his/her affiliated agency and the head of its affiliated central administrative agency or local government, as prescribed by Ordinance of the Ministry of Security and Public Administration. <Amended by Presidential Decree No. 24425, Mar. 23, 2013>
(2) The head of an affiliated agency in receipt of an application for approval for business handling pursuant to paragraph (1) shall transfer the application to the head of its affiliated central administrative agency or local government, along with his/her written opinion on such application, and the head of its affiliated central administrative agency or local government shall transfer the application for approval for business handling to the competent public service ethics committee, along with his/her written opinion after investigating and verifying the following matters: Provided, That in cases where the head of an affiliated agency is the head of a central administrative agency or local government, he/she shall transfer an application for approval for business handling directly to the competent public service ethics committee:
1. Whether an applicant for approval for business handling is subject to the disclosure obligation pursuant to Article 10 (1) of the Act;
2. Whether business subject to approval falls into a category of business under Article 17 (2) of the Act which is prohibited from being handled pursuant to Article 18-2 (1) or (2) of the Act;
3. Whether it is necessary that an applicant handle the relevant business on the ground of national security or public interest, and it is deemed that such handling does not affect fair business operations.
(3) The competent public service ethics committee shall examine an application for approval for business handling received pursuant to paragraph (1) and notify an applicant for approval, the head of his/her affiliated agency and the head of its affiliated central administrative agency or local government, respectively. In such cases, when the competent public service ethics committee gives notice of disapproval of such business handling, grounds for such disapproval shall also be notified.
[This Article Newly Inserted by Presidential Decree No. 23271, Oct. 28, 2011]
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 Article 35-3 (Submission of Statements of Business Operations, etc.)   print
(1) Each retired public official whose business handling is restricted shall prepare a statement of business operations and receive the verification of such statement from the head of a private enterprise, etc. for which he/she works pursuant to Article 18-3 (1) of the Act, and then submit it to the head of an agency with which he/she has been affiliated by not later than one month after one year has passed since his/her retirement.
(2) A statement of business operations under paragraph (1) shall specifically include details of monthly business activities at a private enterprise, etc. for which a retired public official works and details of business which a retired public official handles in connection with an agency with which he/she has been affiliated for one year immediately before his/her retirement. In such cases, it shall include details of business that a retired public official handles with approval from the competent public service ethics committee pursuant to Article 35-2, if any.
(3) The head of an affiliated agency in receipt of a statement of business operations pursuant to paragraph (1) shall transfer the statement to the head of its affiliated central administrative agency or local government, along with his/her written opinion on such statement, and the head of its affiliated central administrative agency or local government shall transfer the statement of business operations to the competent public service ethics committee, along with his/her written opinion after verifying whether the statement of business operations involves business prohibited from being handled pursuant to Article 18-2 (2) of the Act: Provided, That in cases where the head of an affiliated agency is the head of a central administrative agency or local government, he/she shall transfer a statement of business operations directly to the competent public service ethics committee.
(4) When it is necessary to confirm business which a retired public official handles pursuant to paragraph (2), the competent public service ethics committee may require the retired public official to provide necessary information, such as the amount of remuneration.
(5) No statement of business operations shall be disclosed.
[This Article Newly Inserted by Presidential Decree No. 23271, Oct. 28, 2011]
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 Article 35-4 (Reports on Illegal Requests or Arrangement)   print
(1) Each person who intends to report pursuant to Article 18-4 (2) of the Act shall submit, in writing, a report stating personal information of a reporting person and a retired public official who makes a request or arrangement, the date and time when, and place where, the retired public official makes a request or arrangement, and details of a request or arrangement. In such cases, the head of an affiliated agency may allow a reporting person to report via information and communications network.
(2) The head of an affiliated agency in receipt of a report pursuant to paragraph (1) may confirm the following matters to define the reported matters:
1. Personal information of a reporting person;
2. Circumstance, purpose of and cause for reporting;
3. Whether reported matters involve an illegal request or arrangement under Article 18-4 (1) of the Act;
4. Whether there exists a witness or evidential material to substantiate reported matters.
(3) If it is clear from the result of confirmation under paragraph (2) that reported matters are false, the head of an affiliated agency may close the case without giving notice to an investigative agency.
[This Article Newly Inserted by Presidential Decree No. 23271, Oct. 28, 2011]
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 Article 36 (Preparation, etc. of Annual Reports)   print
(1) An annual report provided for in Article 20-2 of the Act shall include the following matters: <Amended by Presidential Decree No. 23271, Oct. 28, 2011>
1. Actual and operational status of the property registration, reports on gifts and restrictions on employment, business handling and business activities of retired public officials during the preceding year;
2. Examination of matters concerning property registration and measures taken for the results thereof during the preceding year, as well as the supervision thereof;
3. Matters concerning the disclosure of property registration during the preceding year;
4. Other matters concerning activities of the public service ethics committee.
(2) The head of each registration agency provided for in Article 5 (1) of the Act and the head of each agency delegated with the examination of registered matters under Article 8 (11) of the Act shall report to the competent public service ethics committee the actual status of, inter alia, or activities, etc. pertaining to the property registration, reports on gifts and restrictions on employment, business handling and business activities of retired public officials during the preceding year, which are necessary for preparing an annual report referred to in paragraph (1), by not later than the 31st of March of each year. In such cases, the proviso to Article 8 shall apply mutatis mutandis to the submission. <Amended by Presidential Decree No. 23271, Oct. 28, 2011>
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 36-2 (Computerization of Public Service Ethics Affairs)   print
(1) The head of each public service ethics committee or each registration agency or the head of each agency entrusted with the examination of registered matters under Article 8 (11) of the Act may allow the data to be submitted by inputting in a diskette or a disk or using the information and communications network, in cases falling under any of the following subparagraphs: <Amended by Presidential Decree No. 23271, Oct. 28, 2011>
1. Where a person liable for registration makes registration of property or a report on changed matters or provides data, etc.;
2. Where a person liable for the registration of his/her property and the interested person submits his/her written agreement provided for in Article 6 (5) and (6) of the Act;
3. Where the heads of state agencies, local governments, public service-related organizations, other public institutions and financial institutions make a report or provide data under the provisions of Article 8 (4), (5) and (12) of the Act.
(2) The heads of any agencies or public service-related organizations, central administrative agencies, local governments or the competent public service ethics committee may, where the heads of the relevant institutions or organizations submit materials, etc. pursuant to Article 35 (2), get them to submit the material, etc. after inputting such materials in a diskette or a disk or to submit them by using the information and communications network.
(3) Any public service ethics committee may submit a written agreement of a person liable for registration or his/her interested person to the head of any financial institution pursuant to Article 6 (5) and (6) of the Act after inputting the written agreement in a diskette or a disk, or using the information and communications network.
(4) When a retired public official intends to submit the following materials, the head of his/her affiliated agency may allow him/her to submit them via the information and communications network or in an electronic form: <Newly Inserted by Presidential Decree No. 23271, Oct. 28, 2011>
1. A written request for confirming whether employment is restricted under Article 33-2, application for prior employment under Article 33-4 and application for approval for employment under Article 34 (1);
2. An application for approval for business handling under Article 35-2 (1);
3. A statement of business operations under Article 35-3 (1).
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 36-3 (Retention of Materials concerning Property Registration and Examination)   print
The head of each public service ethics committee or each registration agency or the head of each agency entrusted with the examination of registered matters under Article 8 (11) of the Act shall retain the materials that a person liable for registration under Article 3 (1) of the Act submits in connection with registration of his/her property, reporting on changed matters or examination of registered matters pursuant to Articles 5, 6, 8, 10 and 11 of the Act, for ten years from the date the person liable for registration retires.
[This Article Newly Inserted by Presidential Decree No. 23271, Oct. 28, 2011]
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 Article 36-4 (Particular Identification Information Processing)   print
When it is indispensable for performing any of the following activities, the head of each public service ethics committee or each registration agency or the head of each agency entrusted with the examination of registered matters under Article 8 (11) of the Act may process information containing a resident registration number under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act:
1. Registration of property, reporting on changed matters, etc. pursuant to Articles 5, 6, 10 and 11 of the Act;
2. Examination of registered property, etc. pursuant to Article 8 of the Act;
3. Confirmation as to whether a retired public official is employed, etc. pursuant to Article 19-2 of the Act.
[This Article Newly Inserted by Presidential Decree No. 23271, Oct. 28, 2011]
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 Article 37 (Methods of Entering Confidential Information)   print
Matters included in the report or list as provided for in Articles 8, 13, 25 and 36, which are classified as confidential information pursuant to the related Acts and subordinate statutes, may be entered by such methods as not to disclose the details thereof.
[This Article Wholly Amended by Presidential Decree No. 21289, Feb. 3, 2009]
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 Article 38 (Enforcement Regulations)   print
Matters necessary for the enforcement of this Decree shall be prescribed by Ordinance of the Ministry of Security and Public Administration. <Amended by Presidential Decree No. 16608, Dec. 7, 1999; Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013>
ADDENDA
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures) Any person liable for registration at the time when this Decree enters into force shall register the property on the enforcement date of this Decree with the registration agency within one month after this Decree enters into force.
ADDENDA <Presidential Decree No. 14441, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 14498, Dec. 31, 1994>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Those Liable for Registration Who become Subject to Registration for the First Time) Any person liable for registration who becomes subject to registration for the first time after this Decree enters into force, shall register with the registration agency the property subject to registration as of the enforcement date of this Decree within two months after this Decree enters into force.
ADDENDUM <Presidential Decree No. 15243, Dec. 31, 1996>
This Decree shall enter into force on December 31, 1996.
ADDENDUM <Presidential Decree No. 15596, Dec. 31, 1997>
This Decree shall enter into force on December 31, 1997.
ADDENDUM<Presidential Decree No. 16031, Dec. 31, 1998>
This Decree shall enter into force on December 31, 1998.
ADDENDA <Presidential Decree No. 16094, Feb. 1, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 1, 1999.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 16574, Oct. 11, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 16, 1999.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 16608, Dec. 7, 1999>
This Decree shall enter into force on December 31, 1999.
ADDENDA <Presidential Decree No. 16709, Feb. 14, 2000>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 16752, Mar. 13, 2000>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 13, 2000.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 16784, Apr. 18, 2000>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA<Presidential Decree No. 17213, Apr. 27, 2001>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 3 (2) 9-2 and 12 shall enter into force on May 31, 2001.
(2) (Application Example) The previous provisions of Article 33 (1) and (2)shall be applied until the Minister of Government Administration and Home Affairs publishes profit-making enterprises in which the employment is restricted under the amended provisions of Article 33 (1) and (3).
ADDENDA <Presidential Decree No. 17227, May 24, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 17275, Jun. 30, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2001.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 17420, Nov. 29, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2002.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 17538, Mar. 2, 2002>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 17899, Feb. 4, 2003>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Limitation on Employment) The previous provisions shall govern with respect to the executives and employees who had been the executives and employees of a public service-related organization, falling newly subject to the limitation on employment under the amended provisions of the attached Table 1, but retired prior to the enforcement of this Decree.
ADDENDA <Presidential Decree No. 18207, Dec. 30, 2003>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2004.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 18210, Jan. 9, 2004>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Limitation on Employment) The previous provisions shall govern with respect to the executives and employees who had been the executives and employees of a public service-related organization, falling newly subject to the limitation on employment under the amended provisions of the attached Table 1, but retired prior to the enforcement of this Decree.
ADDENDA <Presidential Decree No. 18594, Dec. 3, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 18698, Feb. 11, 2005>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Limitation on Employment) The previous provisions shall govern with respect to the executives and employees who had been the executives and employees of a public service-related organization, falling newly subject to the limitation on employment under the amended provisions of the attached Table 1, but retired prior to the enforcement of this Decree.
ADDENDA <Presidential Decree No. 18920, Jun. 30, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2005.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 18965, Jul. 26, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 19133, Nov. 16, 2005>
(1) (Enforcement Date) This Decree shall enter into force on November 19, 2005: Provided, That the amended provisions of Articles 33-2, 33-3 and 34 shall enter into force on January 1, 2006.
(2) (Applicability concerning Employment Approval) The amended provi-sions of Article 34 shall apply starting from the application for employment approval to be accepted first after January 1, 2006.
(3) (Transitional Measures concerning Requests for Confirming Whether Employment is Restricted) Where persons subject to employment restriction under the provisions of Article 31 have requested prior to January 1, 2006 for a confirmation on whether employment restriction exists to the head of central administrative agency or local government with which they have been affiliated, the previous provisions shall govern, notwithstanding the amended provisions of Articles 33-2 and 33-3.
ADDENDA<Presidential Decree No. 19162, Dec. 1, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA<Presidential Decree No. 19206, Dec. 28, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into on January 1, 2006.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 19458, Apr. 27, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 1, 2006.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 19563, Jun. 29, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 19644, Aug. 17, 2006>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures with respect to Persons Who Become Subjects of Property Registration and Property Disclosure for First Time) Any person who becomes a subject of property registration or property disclosure for the first time as this Decree is enforced shall register with the registration agency his/her property current as of the enforcement date of this Decree within one month from the enforcement date of this Decree.
(3) (Transitional Measures with regard to Property Registration and Disclosure of Public Officials Belonging to Senior Civil Service) Where any person who was a subject of property registration and property disclosure before the enforcement date of this Decree has already registered and disclosed his/her property, he/she shall be considered to have registered and disclosed his/her property pursuant to this Decree.
ADDENDA <Presidential Decree No. 19759, Dec. 21, 2006>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Restrictions on Employment) The executives and employees who retire prior to the enforcement of this Decree, from among the executives and employees of the public service-related organizations who become subject to the restrictions on their employment pursuant to the amended provisions of the attached Table 1 shall be governed by the previous provisions.
ADDENDA <Presidential Decree No. 19929, Mar. 16, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 27, 2007.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 19958, Mar. 27, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 28, 2007. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 20099, Jun. 21, 2007>
This Decree shall enter into force on July 29, 2007.
ADDENDA <Presidential Decree No. 20191, Jul. 26, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 28, 2007.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 20741, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 20947, Jul. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 4, 2009. (Proviso Omitted.)
Articles 2 through 28 Omitted.
ADDENDA <Presidential Decree No. 20993, Sep. 10, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21052, Sep. 30, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21146, Dec. 3, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 6, 2008.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21289, Feb. 3, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 5-2 and 27-5 shall enter into force on February 4, 2009.
Article 2 (Special Examples concerning Publication of Public Service-Related Organizations and their Officials)
Notwithstanding the amended provisions of Articles 3-2 (2) and 24 (5), public service-related organizations and their officials shall be noticed in the Official Gazette in February as well as December in 2009.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 21487, May 13, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21841, Nov. 23, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Special Examples concerning Publication of Public Service-Related Organizations and their Officials whose Registered Property is to be Disclosed)
The Minister of Public Administration and Security shall, notwithstanding the amended provisions of Articles 3-2 (2) and 24 (5), publicize public service-related organizations and their officials whose registered property is made open to the public by November 30, 2009 in the Official Gazette.
ADDENDA <Presidential Decree No. 22766, Mar. 29, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Prior Employment)
The amended provisions of Articles 33-3 and 33-4 shall apply to a person who requests to confirm whether his/her employment is restricted pursuant to Article 33-2 on or after January 1, 2006.
ADDENDA <Presidential Decree No. 23271, Oct. 28, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 30, 2011: Provided, That the portion concerning special self-governing cities under the amended provisions of Article 15-2 and attached Table 1-2 shall enter into force on July 1, 2012.
Article 2 (Applicability concerning Registration Agencies)
The amended provisions of Article 4-3 shall apply to cases where a ground for registration of property occurs on or after the date this Decree enters into force.
Article 3 (Applicability concerning Application for Granting Permission for Refusal to Publish Matters concerning Registered Property)
The amended provisions of Article 27 (1) shall apply to cases where any lineal ascendant or descendant of a person liable for registration intends to obtain permission for refusal to publish his/her registered property on a ground for registration of property or reporting on changed matters that occurs on or after the date this Decree enters into force.
Article 4 (Applicability concerning Procedures for Requests for Confirming Whether Employment is Restricted, Application for Prior Employment and Approval for Employment)
The amended provisions of Articles 33-2, 33-3, 33-4 and 34 shall apply to cases where any request for confirming whether employment is restricted, application for prior employment or application for approval for employment is submitted on or after the date this Decree enters into force.
Article 5 (Applicability concerning Retention of Materials concerning Property Registration and Examination)
The amended provisions of Article 36-3 shall also apply to the retention of materials concerning any public official who has retired as at the time this Decree enters into force.
Article 6 (Transitional Measures concerning Registration of Property of Person who Becomes Newly Liable for Registration)
Each person who becomes newly liable for registration pursuant to Article 3 (4) shall register his/her property as at the time this Decree enters into force within two months after this Decree enters into force.
Article 7 (Transitional Measures concerning Publication of Names of Private Enterprises, etc.)
(1) When a private enterprise, etc. is restricted from employing retired public officials pursuant to the amended provisions of Article 33 (1) after this Decree enters into force, the Minister of Public Administration and Security may publish its name in the Official Gazette by October 30, 2011, notwithstanding the amended provisions of Article 33 (3).
(2) The provisions of paragraph (1) concerning publication of the names of private enterprises, etc. under Article 33 (1) 1 shall apply from January 1, 2012 to December 31, 2012, and those concerning publication of the names of other private enterprises, etc. shall apply from October 30, 2011 to December 31, 2012.
ADDENDA <Presidential Decree No. 23645, Feb. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2013. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24425, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among the amended Presidential Decrees under Article 6 of the Addenda, the amended parts of the Presidential Decrees that have been promulgated before this Decree takes effect but not yet entered into force shall take effect on the respective enforcement dates of the relative Presidential Decrees.
Articles 2 through 6 Omitted.