CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe matters concerning the appointment, duties, etc. of a special inspector general in charge of inspection of irregularities committed by persons in a special relationship with the President, such as relatives of the President.
"Irregularity" in this Act means any of the following conduct:
| 1. | Intervention in concluding, arranging, mediating, etc. a contract, under a name other than a real name; |
| 2. | Intervention in concluding, arranging, mediating, etc. a free contract with a public enterprise or a public service-related organization; |
| 3. | Wrongful request concerning personnel affairs, etc.; |
| 4. | Wrongful offer or acceptance of money, valuables, or entertainment; |
| 5. | Embezzlement or misuse of public money. |
| (1) | The special inspector general shall be under the jurisdiction of the President, and shall have independent status in respect of his/her duties. |
| (2) | Immediately after commencing or terminating an inspection, the special inspector general shall report the result thereof to the President. |
| Article 4 (Political Neutrality) |
The special inspector general shall maintain political neutrality in performing his/her duties.
| Article 5 (Persons subject to Inspection) |
Persons subject to inspection by the special inspector general under this Act shall be the following:
| 1. | The spouse and relatives of the President within the fourth degree of consanguinity; |
| 2. | Public officials who are senior secretaries of the Presidential Secretariat, or higher. |
| Article 6 (Commencement of Inspection) |
| (1) | The special inspector general shall conduct inspections by investigating an irregularity referred to in Article 2 of a person prescribed in Article 5. |
| (2) | The special inspector general shall commence an inspection where any information on the irregularity of a person prescribed in Article 5 is trustworthy and specified in detail: Provided, That the irregularity shall be limited to that committed after the formation of the status relationship prescribed in Article 5. |
| (3) | Where any inspection commences under paragraph (1), it shall be completed within one month: Provided, That if it is necessary to continue an inspection any further, the inspection period may be extended by one month after obtaining approval from the President. |
| (4) | Where any inspection under paragraph (1) is intended, any of the following matters shall be excluded from the inspection: |
| 1. | Matters explained by the Prime Minister as belonging to national secret; |
| 2. | Matters explained by the Minister of Defense as belonging to military secrets or as hindering any military operation. |
CHAPTER II APPOINTMENT AND GUARANTEE OF STATUS
| Article 7 (Appointment of Special Inspector General) |
| (1) | The National Assembly shall recommend in writing three candidates for special inspector general to the President, from among lawyers who have been in positions prescribed in Article 42 (1) 1 of the Court Organization Act for at least 15 years. |
| (2) | Upon receiving a written recommendation for candidates for special inspector general under paragraph (1), the President shall nominate one special inspector general from among the recommended candidates within three days from the date of receipt of the written recommendation, and shall appoint him/her following a confirmation hearing conducted by the National Assembly. |
| Article 8 (Term of Office of Special Inspector General) |
| (1) | The term of office of the special inspector general shall be three years, and he/she shall not be reappointed, |
| (2) | When the position of the special inspector general is vacated, his/her successor shall be appointed within 30 days from the date the vacancy occurs. |
| Article 9 (Assistant Special Inspector General and Inspection Officers) |
The special inspector general may appoint one assistant special inspector general and up to ten inspection officers within the scope necessary to perform his/her duties.
| Article 10 (Request, etc. for Dispatch of Public Officials) |
| (1) | When it is necessary to perform his/her duties, the special inspector general may request the heads of the Board of Audit and Inspection, the Supreme Prosecutor's Office, the National Police Agency, the National Tax Service, etc. for dispatch service of public officials under their control and the support related thereto: Provided, That the total number of dispatched public officials shall not exceed 20 persons. |
| (2) | The period of dispatch of a public official shall not exceed three years, and persons who have returned to the agencies to which they belong shall not be dispatched again. |
| Article 11 (Official Authority of Special Inspector General) |
| (1) | The special inspector general shall exercise overall control over inspection affairs and shall direct and supervise the assistant special inspector general. |
| (2) | The assistant special inspector general shall assist the special inspector general, deal with the affairs under his/her responsibility, and direct and supervise inspection officers and public officials dispatched pursuant to Article 10; and if the special inspector general is unable to perform any of his/her duties due to any accident, the assistant special inspector general shall act on behalf of the special inspector general in the order prescribed by Presidential Decree. |
| Article 12 (Remuneration, Treatment, etc.) |
| (1) | The special inspector general shall be a public official in political service, and the assistant special inspector general and inspection officers shall be public officials in extraordinary civil service. |
| (2) | The retirement age of the special inspector general shall be 65 years of age. |
| (3) | Remuneration and treatment of the special inspector general, assistant special inspector general, and inspection officers (hereinafter referred to as "special inspector general, etc.") shall be prescribed by Presidential Decree. |
| Article 13 (Disqualifications) |
None of the following persons shall become the special inspector general, etc.:
| 1. | A person who is not a citizen of the Republic of Korea; |
| 3. | A person sentenced to imprisonment without prison labor or heavier punishment; |
| 4. | A person for whom five years have not yet passed after being removed from his/her office by a disposition of impeachment. |
| Article 14 (Dismissal, etc.) |
| (1) | Except in any of the following cases, the President shall not dismiss the special inspector general: |
| 1. | Where any ground for disqualification under the subparagraphs of Article 13 arises; |
| 2. | Where the special inspector general is recognized to have any physical or mental disease that makes him/her obviously difficult to perform his/her duties. |
| (2) | Upon dismissing the special inspector general, the President shall notify the National Assembly thereof without delay, and shall appoint a succeeding special inspector general in accordance with the procedures for appointment prescribed in Article 7. |
| (3) | The special inspector general may dismiss the assistant special inspector general or any inspection officer, or request the replacement of any dispatched public official to the head of the agency which has dispatched him/her. |
| Article 15 (Restriction on Appointment to Public Office, etc.) |
After being removed from office or dismissed, or after retirement, the special inspector general shall not be appointed as any specified public official prescribed in subparagraph 2 of Article 5, a public official not lower than a Vice Minister, or the executive of a public service-related organization under Article 3-2 of the Public Service Ethics Act, during the term of office of the President who appointed the special inspector general.
CHAPTER III AUTHORITY AND OBLIGATIONS
| Article 16 (Cooperation from Relevant Agencies) |
If necessary to ascertain whether any irregularity of a person subject to inspection has arisen, the special inspector general may request the State, local governments, or the heads of public institutions to provide cooperation and assistance and to submit necessary data, etc., or may inquire of them about the facts.
| Article 17 (Request for Appearance, Reply, and Submission of Data) |
If necessary for an inspection, the special inspector general may take the following measures against a person subject to inspection:
| 2. | Request for submission of certificates, written explanation, other relevant documents and accounting books, articles, etc. |
| Article 18 (Request for Cooperation on Persons other than Persons subject to Inspection) |
| (1) | Where necessary to inspect any irregularity of a person subject to inspection, the special inspector general may request persons other than persons subject to inspection to submit data, appear, or reply, pursuant to Article 17. |
| (2) | In principle, a request under paragraph (1) shall be notified in writing to the person subject to the request by specifying the details of cooperation, the reasons therefor, place and time for appearance, etc.: Provided, That in cases of urgency, the notification may be made by means of telephone, etc. |
| (3) | Travel expense, etc. shall be paid to a person who has appeared and replied, pursuant to relevant regulations. |
| Article 19 (Filing of Accusation, etc.) |
Where any conduct of a person subject to inspection falls under any of the following, the special inspector general shall take any of the following measures:
| 1. | When it is deemed necessary to give criminal punishment because of evident criminal charges: Filing an accusation with the Prosecutor General; |
| 2. | Where there is any plausible ground to believe his/her conduct amounts to a criminal conduct, and it is deemed necessary to prevent him/her from fleeing, destroying evidence, etc. or to secure evidence: Filing a request for investigation with the Prosecutor General. |
| Article 20 (Dissatisfaction with Non-Prosecution Disposition) |
Where 90 days lapse without making any disposition on a case accused by the special inspector general or where a disposition not to institute a public action is made on a case, an appeal may be filed pursuant to Article 10 of the Prosecutors' Office Act.
| Article 21 (Attendance in the National Assembly and Statement of Opinion) |
| (1) | Where the presence of the special inspector general is requested by resolution of the Legislation and Judiciary Committee because of a non-prosecution disposition made again on a case appealed under Article 20, the special inspector general shall attend the Legislation and Judiciary Committee and state his/her opinion. |
| (2) | No proceedings under paragraph (1) shall be disclosed. |
| Article 22 (Prohibition of Disclosure of Facts such as Commencement of Inspection, etc.) |
None of the special inspector general, etc. or dispatched public officials shall publicly announce or disclose the facts of commencing and terminating an inspection and the details of the inspection.
| Article 23 (Prohibition of Abuse of Inspection Authority) |
| (1) | The special inspector general, etc. and dispatched public officials shall conduct an inspection within the least necessary scope for the enforcement of this Act by means not in violation of any Acts and subordinate statutes or not by means of compulsory disposition, and shall not abuse their rights of inspection for any other purpose, etc. |
| (2) | None of the special inspector general, etc. and dispatched public officials shall abuse their official authority to cause other agencies, organizations or persons to conduct any matters which they are not obligated to conduct or interrupt other persons in their exercise of rights without taking procedures prescribed by Acts. |
Other matters necessary for the enforcement of this Act not expressly prescribed in this Act, such as the organization and operation of the special inspector general, and the methods, procedures, etc. for inspection, shall be prescribed by Presidential Decree.
CHAPTER IV PENAL PROVISIONS
| Article 25 (Penal Provisions) |
| (1) | A person who hinders the performance of any duties of the special inspector general, etc. or dispatched public officials by any fraudulent means or force shall be punished by imprisonment for not more than five years. |
| (2) | A person who violates Article 22 shall be punished by imprisonment for not more than five years or by suspension of qualifications for not more than five years. |
| (3) | A person who conducts inspection by means which violate any Acts and subordinate statutes or by means of compulsory disposition, causes other agencies, organizations or persons to conduct any affairs which they are not obligated to conduct, or interrupts other persons in their exercise of rights, in violation of Article 23, shall be punished by imprisonment for not more than five years and suspension of qualifications for not more than five years. |
ADDENDA <Act No. 12422, Mar. 18, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 Omitted.