CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe matters necessary for the establishment and operation of the Corruption Investigation Office for High-ranking Officials.
The definitions of terms used in this Act are as follows:
| 1. | The term "high-ranking official" means a person who holds the office of any of the following positions or is retired from such any position: Provided, That general-grade officers shall be included in the scope of high-ranking officials even after they are retired from active service: |
| (b) | The Speaker of the National Assembly and a member of the National Assembly; |
| (c) | The Chief Justice and a Justice of the Supreme Court; |
| (d) | The President and a Justice of the Constitutional Court; |
| (e) | The Prime Minister and a public official in political service belonging to the Prime Minister’s Secretariat; |
| (f) | A public official in political service of the National Election Commission; |
| (h) | A public official of Grade III or higher belonging to the Office of the President, the Office of National Security, the Presidential Security Service, or the National Intelligence Service; |
| (i) | A public official in political service of the National Assembly Secretariat, the National Assembly Library, the National Assembly Budget Office, or the National Assembly Research Service; |
| (j) | A public official in political service of the Office of the Chief Justice of the Supreme Court, the Judicial Policy Research Institute, the Training Institute for Court Officials, or the Department of Court Administration of the Constitutional Court; |
| (k) | The Prosecutor General; |
| (l) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor, or a superintendent of education; |
| (m) | A judge or a prosecutor; |
| (n) | A police official not lower than a superintendent general; |
| (o) | A general-grade officer; |
| (p) | The Governor, the Deputy Governor, or the Chief Executive Auditor of the Financial Supervisory Service; |
| (q) | A public official of Grade III or higher belonging to the Board of Audit and Inspection, the National Tax Service, the Fair Trade Commission, or the Financial Services Commission; |
| 2. | The term "family" means a person’s spouse and his or her lineal ascendants and descendants: Provided, That in the case of the President, it refers to his or her spouse and relatives within fourth degree of kinship; |
| 3. | The term "corruption of a high-ranking official" means any of the following crimes committed by a person or his or her family member while he or she is in office as a high-ranking official: Provided, That in the case of a family member, such crime shall be limited to a crime committed in connection with the duties of the relevant high-ranking official: |
| 4. | The term "related corruption" means any of the following crimes: |
| (d) | A crime committed by a high-ranking official that is found directly related to another crime of such high-ranking official while investigating him or her for such another crime; |
| 5. | The term "corruption, etc. of a high-ranking official" means a crime falling under subparagraphs 3 and 4. |
| Article 3 (Establishment and Independence of Corruption Investigation Office for High-ranking Officials) |
| (1) | A Corruption Investigation Office for High-Ranking Officials (hereinafter referred to as the "Investigation Office") shall be established to perform the duties necessary for the following matters concerning corruption, etc. of high-ranking officials: |
| 1. | Investigation into corruption, etc. of high-ranking officials; |
| 2. | The institution and maintenance of prosecutions for any corruption of a high-ranking official and related corruption committed by any person or his or her family member while that person is in office as a high-ranking official specified in subparagraph 1 (c), (k), (m), or (n) of Article 2. |
| (2) | The Investigation Office shall perform its official affairs under its authority independently. |
| (3) | With respect to the administrative affairs of the Investigation Office, the President or a public official belonging to the Office of the President shall not conduct any act interfering in the performance of its duties, such as requiring it to report business affairs or submit materials, giving instructions, presenting opinions, and holding consultations. |
| Article 4 (Director-General and Deputy Director-General) |
| (1) | The Investigation Office shall have one Director-General and one Deputy Director-General, and each of them shall be appointed as a public official in special service. |
| (2) | The Investigation Office shall have Investigation Office prosecutors, Investigation Office investigators, and other necessary staff. |
| Article 5 (Qualification for and Appointment of Director-General) |
| (1) | The Director-General shall be appointed by the President via a confirmation hearing after the President nominates one person, from among the two persons who are recommended by the Recommendation Committee for Candidates for the Director-General of the Corruption Investigation Office for High-ranking Officials prescribed in Article 6, from among those who were in the following positions for at least 15 years: |
| 1. | A judge, prosecutor, or attorney-at-law; |
| 3. | A person qualified as an attorney-at-law, who served as an assistant professor of law or higher at a university. |
| (2) | Where a person served in two or more of the positions referred to in the subparagraphs of paragraph (1), the numbers of his or her service years in such positions shall be cumulative. |
| (3) | The term of office of the Director-General shall be three years; he or she shall not be reappointed; and the retirement age shall be 65 years. |
| (4) | When the position of the Director General is vacant, his or her successor shall be appointed within 60 days through the procedures under paragraph (1). In such cases, the term of office of the newly appointed Director-General shall begin anew. |
| Article 6 (Recommendation Committee for Candidates for Director-General of the Corruption Investigation Office for High-ranking Officials) |
| (1) | A Recommendation Committee for Candidates for the Director-General of the Corruption Investigation Office for High-ranking Officials (hereinafter referred to as the "Recommendation Committee") shall be established in the National Assembly to recommend candidates for the Director General. |
| (2) | The Recommendation Committee shall consist of seven members, including one chairperson. |
| (3) | The chairperson shall be elected from among and by the members referred to in the subparagraphs of paragraph (4). |
| (4) | The Speaker of the National Assembly shall appoint or commission the following persons as the members: |
| 1. | The Minister of Justice; |
| 2. | The Minister of National Court Administration; |
| 3. | The president of the Korean Bar Association; |
| 4. | Two persons recommended by the negotiating group of the political party to which the President belongs or belonged; |
| 5. | Two persons recommended by another negotiating group other than the negotiating group under subparagraph 4. |
| (5) | The Recommendation Committee shall be convened by the chairperson, at the request of the Speaker of the National Assembly or at least 1/3 of the incumbent members of the Recommendation Committee, or if deemed necessary by the chairperson; and any decision thereof shall require the concurring vote of at least six members. |
| (6) | The members of the Recommendation Committee shall maintain political neutrality and perform their duties independently. |
| (7) | When the Recommendation Committee recommends candidates for the Director-General pursuant to Article 5 (1), such Committee shall be deemed to be dissolved. |
| (8) | Other matters necessary for the operation, etc. of the Recommendation Committee shall be prescribed by the National Assembly Regulations. |
| Article 7 (Deputy Director-General) |
| (1) | The Deputy Director-General shall be appointed by the President upon recommendation of the Director-General from among those who served for at least 10 years in the positions referred to in the subparagraphs of Article 5 (1). |
| (2) | Article 5 (2) shall apply mutatis mutandis to the appointment of the Deputy Director-General. |
| (3) | The term of office of the Deputy Director-General shall be three years; he or she shall not be reappointed; and the retirement age shall be 63 years. |
| Article 8 (Investigation Office Prosecutors) |
| (1) | The President, upon recommendation by the Personnel Committee established under Article 9, shall appoint an Investigation Agency prosecutor from among those who have held the qualification of attorney-at-law for at least 10 years and have at least five years of actual experience in the affairs of judgments or investigations or in the affairs of inspection prescribed by the Investigation Office Regulations. In such cases, the number of persons who had been prosecutors shall not exceed 1/2 of the fixed prescribed number of Investigation Office prosecutors under paragraph (2). |
| (2) | Investigation Office prosecutors shall be appointed as a public official in special service; and the number thereof shall be not more than 25, including the Director-General and the Deputy Director-General. |
| (3) | The term of office of an Investigation Office prosecutor shall be three years; he or she may be consecutively appointed only three times; and the retirement age shall be 63 years. |
| (4) | In performing his or her duties, an Investigation Office prosecutor may perform the duties of a prosecutor under Article 4 of the Prosecutors' Office Act and the duties of a military prosecutor under Article 37 of the Military Court Act. |
| Article 9 (Personnel Committee) |
| (1) | A Personnel Committee shall be established in the Investigation Office to deliberate and decide on the appointment, the transfer, and other important matters related to personnel affairs, of Investigation Office prosecutors, excluding the Director-General and the Deputy Director-General. |
| (2) | The Personnel Committee shall consist of seven members, including one chairperson; and the Director General shall be the chairperson of the Personnel Committee. |
| (3) | The composition of the Personnel Committee members shall be as follows: |
| 2. | The Deputy Director-General; |
| 3. | One person with knowledge and virtue appointed by the Director-General, who has extensive experience in various professional fields; |
| 4. | Two persons recommended by the negotiating group of the political party to which the President belongs or belonged; |
| 5. | Two persons recommended by another negotiating group other than the negotiating group under subparagraph 4. |
| (4) | The term of office of the members under paragraph (3) 3 through 5 shall be three years. |
| (5) | The decision of the Personnel Committee shall require the concurring vote of a majority of the incumbent members. |
| (6) | Other matters necessary for the composition, operation, etc. of the Personnel Committee shall be prescribed by the Investigation Office Regulations. |
| Article 10 (Investigation Office Investigators) |
| (1) | An Investigation Office investigator shall be appointed by the Director-General from among the following persons: |
| 1. | Persons qualified as an attorney-at-law; |
| 2. | Public officials of Grade VII or higher who engaged in inspection and investigations; |
| 3. | Persons who have at least five years of actual experience in the inspection affairs prescribed by the Investigation Office Regulations. |
| (2) | Investigation Office investigators shall be appointed as public officials in general service, and the number thereof shall not exceed 40: Provided, That where prosecution investigators are dispatched from the Prosecutors' Office, they shall be included in the fixed prescribed numbers of Investigation Office investigators. |
| (3) | The term of office of an Investigation Office investigator shall be six years; he or she may be reappointed; and the retirement age shall be 60 years. |
| Article 11 (Other Staff Members) |
| (1) | The Investigation Office may have staff members necessary to manage its administrative affairs. |
| (2) | The number of staff members under paragraph (1) shall not exceed 20. |
| Article 12 (Remuneration) |
| (1) | The remuneration and treatment of the Director-General shall be equivalent to that of the Vice Minister. |
| (2) | The remuneration and treatment of the Deputy Director-General is equivalent to that of a public official of the highest Grade among the positions of members of the Senior Executive Service. |
| (3) | The remuneration and treatment of an Investigation Office prosecutor shall be equivalent to that of a prosecutor. |
| (4) | The remuneration and treatment of an Investigation Office investigator shall be equivalent to that of a public official in public prosecution service of not lower than Grade VII but not higher than Grade IV. |
| Article 13 (Grounds for Disqualification) |
| (1) | None of the following persons may be appointed as the Director-General, the Deputy Director-General, an Investigation Office prosecutor, or an Investigation Office investigator: |
| 1. | A person who is not a national of the Republic of Korea; |
| 3. | A person who has been sentenced to imprisonment without labor or heavier punishment; |
| 4. | A person for whom five years have not elapsed since removal from office following an impeachment decision; |
| 5. | A person who retired as a public official belonging to the Office of the President and for whom two years have not elapsed since his or her retirement from office. |
| (2) | A prosecutor may not be the Director-General unless three years have elapsed since his or her retirement from office and may not be the Deputy Director-General unless one year has elapsed since his or her retirement from office. |
| Article 14 (Guarantee of Status) |
The Director-General, the Deputy Director-General, and Investigation Office prosecutors shall not be removed from office, unless they are impeached or sentenced to imprisonment without labor or heavier punishment, nor shall they be subject to such dispositions as dismissal, removal or suspension from office, reduction of salary, reprimand, or retirement unless an disciplinary action is taken against them.
| Article 15 (Retirement Due to Mental or Physical Disability) |
When an Investigation Office prosecutor is unable to perform his or her duties due to serious mental or physical disability, the President may order him or her to retire from office upon the proposal of the Director-General.
| Article 16 (Restrictions on Appointment to Public Offices) |
| (1) | The Director-General and the Deputy Director-General may not be appointed as a Justice of the Constitutional Court (excluding a Justice of the Constitutional Court appointed pursuant to Article 111 (3) of the Constitution of the Republic of Korea), the Prosecutor General, the Prime Minister, or a public official in political service of a central administrative agency, the Office of the President, the Office of National Security, the Presidential Security Service, or the National Intelligence Service within two years after his or her retirement from office. |
| (2) | The Director-General, the Deputy Director-General, and an Investigation Office prosecutor may not be appointed as a prosecutor unless two years have elapsed since his or her retirement from office. |
| (3) | A person for whom one year has not elapsed since his or her retirement as an Investigation Office prosecutor may not be appointed to any position in the Office of the President. |
| (4) | A person who has served in the Investigation Office shall not accept any case of the Investigation Office as an attorney-at-law for one year after his or her retirement from office. |
CHAPTER III DUTIES AND AUTHORITY
| Article 17 (Duties and Authority of Director-General) |
| (1) | The Director-General shall exercise overall control over the affairs of the Investigation Office and direct and supervise the staff under his or her jurisdiction. |
| (2) | The Director-General may attend the National Assembly to state his or her opinion on the affairs under the jurisdiction of the Investigation Office, and shall, if requested by the National Assembly, appear before the National Assembly to report or answer, unless such appearance would affect any investigation or judgment. |
| (3) | Where an agenda item related to any affair under his or her jurisdiction is introduced into the State Council, the Director-General may attend and speak at the State Council and recommend that the Minister of Justice submit a bill (including the draft Presidential Decree concerning the enforcement of this Act) concerning the affairs under his or her jurisdiction. |
| (4) | If necessary for performing his or her duties, the Director-General may request that the heads of the relevant agencies, such as the Supreme Prosecutors' Office and the National Police Agency, provide investigatory cooperation, including the submission of materials, such as investigation records and evidence of cases related to corruption, etc. of high-ranking officials, and support for investigation activities. |
| (5) | The Director-General shall concurrently hold the position of an Investigation Office prosecutor under Article 8. |
| (6) | Where the Director-General performs budget-related affairs of the Investigation Office, he or she shall be deemed the head of a central government agency under Article 6 (2) of the National Finance Act. |
| Article 18 (Duties and Authority of Deputy Director-General) |
| (1) | The Deputy Director-General shall assist the Director-General and shall act on behalf of the Director-General when the Director-General is unable to perform his or her duties due to any unavoidable cause. |
| (2) | The Deputy Director-General shall concurrently hold the position of an Investigation Office prosecutor under Article 8. |
| Article 19 (Delegation, Transfer, and Succession of Duties of Investigation Office Prosecutors) |
| (1) | The Director-General may authorize an Investigation Office prosecutor to handle part of any duties under his or her authority. |
| (2) | The Director-General may handle the duties of an Investigation Office prosecutor himself or herself or may authorize any other Investigation Office prosecutor to handle such duties. |
| Article 20 (Duties and Authority of Investigation Office Prosecutors) |
| (1) | An Investigation Office prosecutor shall conduct such acts as are necessary for the investigation and the institution and maintenance of a prosecution under the subparagraphs of Article 3 (1). |
| (2) | An Investigation Office prosecutor shall follow the direction and supervision of the Director-General and shall direct and supervise Investigation Office investigators. |
| (3) | An Investigation Office prosecutor may raise an objection when he or she disagrees on the legality or legitimacy of any direction and supervision under paragraph (2) related to a specific case. |
| Article 21 (Duties of Investigation Office Investigators) |
| (1) | An Investigation Office investigator shall perform his or her duties under the direction and supervision of Investigation Office prosecutors. |
| (2) | An Investigation Office investigator shall perform the duties of a senior judicial police officer under Article 196 (1) of the Criminal Procedure Act with respect to investigation of corruption, etc. of high-ranking officials. |
| Article 22 (Political Neutrality and Independence in Performing Duties) |
Public officials belonging to the Investigation Office shall maintain political neutrality and shall not be subject to any instructions or interference from outside in performing their duties.
CHAPTER IV INVESTIGATION, AND INSTITUTION AND MAINTENANCE OF PROSECUTIONS
| Article 23 (Investigation by Investigation Office Prosecutors) |
When an Investigation Office prosecutor thinks that there is suspicion of corruption of a high-ranking official, he or she shall investigate the relevant criminal, and the fact and evidence of the corruption.
| Article 24 (Relationship with Other Investigation Agencies) |
| (1) | With respect to any investigation into corruption by another investigation agency, which overlaps with the investigation into corruption conducted by the Investigation Office, where the Director-General requests such investigation agency to refer its investigation to the Investigation Office as he or she deems it appropriate for the Investigation Office to conduct such investigation in light of the progress of the investigation and the controversy over fairness, the relevant investigation agency shall comply with the request. |
| (2) | Where any other investigation agency comes to identify corruption, etc. of any high-ranking official in the course of investigating other corruption, such agency shall immediately notify the Investigation Office of such fact. |
| (3) | Where the Director-General deems it appropriate for any other investigation agency to investigate any corruption, etc. of a high-ranking official in light of the suspect, the victim, and the content, scale, etc. of the case of such corruption, he or she may refer that case to that investigation agency. |
| (4) | Upon receiving notice of corruption, etc. of a high-ranking official under paragraph (2), the Director-General shall reply as to whether to begin the investigation to the head of the investigation agency that gave notice, within the period and by the method, as prescribed by the Investigation Office Regulations. |
| Article 25 (Investigation of Corruption of Investigation Office Prosecutors, and Prosecutors) |
| (1) | Where the Director-General suspects the commission of corruption by any Investigation Office prosecutor, he or she shall notify the Supreme Public Prosecutor's Office of such fact, along with the relevant materials. |
| (2) | If an investigation agency other than the Investigation Office suspects any prosecutor of committing corruption of a high-ranking official, the head of that investigation agency shall refer the relevant case to the Investigation Office. |
| Article 26 (Sending of Related Documents and Evidentiary Materials of Investigation Office Prosecutors) |
| (1) | When an Investigation Office prosecutor conducts an investigation concerning corruption, etc. of any high-ranking official, other than a case prescribed in Article 3 (1) 2, he or she shall, without delay, send the relevant documents and evidentiary materials to a prosecutor of the Seoul Central District Prosecutors' Office. |
| (2) | A prosecutor who handles the case after receiving the relevant documents and evidentiary materials pursuant to paragraph (1) shall promptly notify the Director-General of whether to institute a prosecution for the relevant case. |
| Article 27 (Referral of Related Cases of Identified Corruption) |
When the Director-General decides not to prosecute any corruption of a high-ranking official, he or she shall refer to the Supreme Prosecutors' Office the case of any related corruption which he or she has identified in the course of investigating the former corruption.
| Article 28 (Execution of Sentences) |
| (1) | Where a judgment on any case, such as the case of corruption, etc. of a high-ranking official, for which an Investigation Office prosecutor institutes a prosecution, becomes final and conclusive, a prosecutor of the Public Prosecutors' Office which corresponds to the competent district court of the first instance shall execute the sentence. |
| (2) | In the case of paragraph (1), the Director-General shall transfer the relevant case and all the records to the head of the competent prosecutors’ office for the smooth execution of the sentence. |
| Article 29 (Special Cases concerning Application for Adjudication) |
| (1) | When a complainant or accuser receives a notification of non-prosecution from an Investigation Office prosecutor, he or she may file an application for adjudication on the properness of the non-prosecution with the Seoul High Court. |
| (2) | A person who intends to file an application for adjudication under paragraph (1) shall submit a written application for adjudication to the Director-General within 30 days from the date of receiving the notification of non-prosecution. |
| (3) | The grounds which make an application for adjudication reasonable, such as the facts and evidence of the corruption with respect to which the application for adjudication is filed, shall be entered in the written application for adjudication. |
| (4) | Upon receiving an application for adjudication under paragraph (2), the Director-General shall send such application for adjudication, a statement of his or her opinion, investigation-related documents, and evidentiary materials to the Seoul High Court within seven days from the date of receiving such application: Provided, That when the Director-General deems such application reasonable, he or she shall immediately institute a prosecution and give notice as to the purport of such prosecution to the Seoul High Court and to the applicant who requested adjudication. |
| (5) | Except as provided in this Act, Articles 262 and 262-2 through 262-4 of the Criminal Procedure Act shall apply mutatis mutandis to application for adjudication. In such cases, the competent court shall be the Seoul High Court; and the "chief prosecutor of a district prosecutors’ office or branch office" shall be construed as the "Director-General", and "prosecutor" as "Investigation Office prosecutor". |
| Article 30 (Special Cases concerning Application for Adjudication by Director-General) |
| (1) | When the Director-General receives a notification of non-prosecution from a prosecutor pursuant to Article 26 (2), he or she may file an application for adjudication on the properness of the non-prosecution with the High Court (hereinafter referred to as “competent High Court”) having jurisdiction over the location of the district prosecutors’ office to which that prosecutor belongs. |
| (2) | Where the Director-General intends to file an application for adjudication under paragraph (1), he or she shall submit a written application for adjudication to the chief prosecutor of a district prosecutors’ office or branch office within 30 days from the date of receiving the notification of non-prosecution. |
| (3) | The grounds which make an application for adjudication reasonable, such as the facts and evidence of the corruption with respect to which the application for adjudication is filed, shall be entered in the written application for adjudication. |
| (4) | Upon receiving an application for adjudication pursuant to paragraph (2), the chief prosecutor of a district prosecutors’ office or branch office shall send such application for adjudication, a statement of his or her opinion, investigation-related documents and evidentiary materials to the competent High Court via the competent High Prosecutors’ Office within seven days from the date of receiving such application: Provided, That if the chief prosecutor of a district prosecutors’ office or branch office deems such application reasonable, he or she shall immediately institute a prosecution and give notice as to the purport of such prosecution to the competent High Court and the Director-General. |
| (5) | Except as provided in this Act, Articles 262, 262-2, and 262-4 of the Criminal Procedure Act shall apply mutatis mutandis to application for adjudication. In such cases, the "chief prosecutor of a district prosecutors’ office or branch office" shall be construed as the "Director-General", and "prosecutor" as "Investigation Office prosecutor". |
| Article 31 (Jurisdiction) |
The first instance of a case, such as the case of corruption, etc. of a high-ranking official, for which an Investigation Office prosecutor institutes a prosecution, shall be under the jurisdiction of the Seoul Central District Court: Provided, That an Investigation Office prosecutor may institute a prosecution with the competent court under the Criminal Procedure Act, considering the place of the corruption, the place of evidence, the special circumstances of the defendant, etc.
CHAPTER V DISCIPLINARY ACTION
| Article 32 (Grounds for Disciplinary Action) |
Where an Investigation Office prosecutor falls under any of the following, disciplinary action shall be taken against him or her:
| 1. | Where he or she commits any of the following acts while in office: |
| (a) | Being involved in political activities; |
| (b) | Engaging in any affairs for the purpose of obtaining monetary interests; |
| (c) | Engaging in any duties in exchange for remuneration without the permission of the Director-General; |
| 2. | Where he or she violates his or her obligation or neglects any of his or her duties; |
| 3. | Where he or she commits any act impairing his or her dignity or prestige as an Investigation Office prosecutor, regardless of whether such act is related to his or her duties. |
| Article 33 (Disciplinary Committee for Investigation Office Prosecutors) |
| (1) | An Investigation Office Prosecutors’ Disciplinary Committee (hereinafter referred to as the "Disciplinary Committee") shall be established in the Investigation Office to deliberate on disciplinary cases of an Investigation Office prosecutor. |
| (2) | The Disciplinary Committee shall consist of seven members, including one chairperson, and shall have three reserve members. |
| Article 34 (Duties of Chairperson of Disciplinary Committee, and Term of Office of Members) |
| (1) | The Deputy Director-General shall be the chairperson of the Disciplinary Committee: Provided, That if the Deputy Director-General is suspected of any act subject to disciplinary action, the Director-General shall be the chairperson, and if both of the Director-General and the Deputy Director-General are all suspected of an act subject to disciplinary action, an Investigation Office prosecutor prescribed by the Investigation Office Regulations shall be the chairperson. |
| (2) | The following persons shall be the members: |
| 1. | Two Investigation Office prosecutors appointed by the chairperson; |
| 2. | Four persons commissioned by the chairperson from among attorney-at-laws, professors of law, and other persons with extensive knowledge and experience. |
| (3) | Reserve members shall be appointed by the chairperson from among Investigation Office prosecutors. |
| (4) | The term of office of a member commissioned pursuant to paragraph (2) 2 shall be three years. |
| (5) | The chairperson shall exercise overall control over the affairs of the Disciplinary Committee and shall convene and preside over meetings thereof. |
| (6) | If the chairperson is unable to perform his or her duties due to unavoidable reasons, a member designated by the chairperson shall act on his or her behalf; and if the member designated by the chairperson is unable to perform his or her duties due to unavoidable reasons, a reserve member designated by the chairperson shall act on his or her behalf. |
| Article 35 (Administrative Staff of Disciplinary Committee) |
| (1) | The Disciplinary Committee shall have one executive secretary and several clerks. |
| (2) | The executive secretary shall be an Investigation Office prosecutor appointed by the chairperson, and the clerks shall be commissioned by the chairperson from among the public officials of the Investigation Office. |
| (3) | The executive secretary and the clerks shall engage in affairs concerning the keeping and preservation of records and other documents concerning disciplinary action, under orders from the chairperson. |
| Article 36 (Requests for and Commencement of Disciplinary Action) |
| (1) | Disciplinary deliberation by the Disciplinary Committee shall commence at the request of the Director-General (referring to the Deputy Director-General if the Director-General is suspected of an act subject to disciplinary action, and an Investigation Office prosecutor prescribed by the Investigation Office Regulations if both of the Director-General and the Deputy Director-General are all suspected of an act subject to disciplinary action; hereafter in this Article and Articles 38 (1), 39, 40 (2), and 42 (1), the same shall apply). |
| (2) | The Director-General shall make a request under paragraph (1) when he or she deems that an Investigation Office prosecutor has committed any act specified in the subparagraphs of Article 32. |
| (3) | A request for disciplinary action shall be made in writing to the Disciplinary Committee. |
| Article 37 (Disciplinary Penalties) |
| (1) | Where the Director-General requests disciplinary action against an Investigation Office prosecutor pursuant to Article 36, he or she shall, if the ground for such disciplinary action is receipt of money, valuables, or entertainment, or embezzlement or misappropriation of public funds, request that the Disciplinary Committee decide on the imposition of disciplinary penalties up to five times the amount of money and valuables or entertainment, or the amount of embezzlement or misappropriation of public funds, in addition to the relevant disciplinary action. |
| Article 38 (Request for Another Disciplinary Action) |
| (1) | Where a judgment to nullify or revoke the disposition of disciplinary action and the imposition of disciplinary penalties under Article 37 (hereinafter referred to as "disciplinary action, etc.") is rendered by a court on any of the following grounds, the Director-General shall request disciplinary action, etc. again: Provided, That he or she need not request any disciplinary action, etc. for a disposition of salary reduction or reprimand with respect to which a court rendered a judgment for nullity or revocation on the ground referred to in subparagraph 3: |
| 1. | Where there is any obvious defect in the application of any statute or regulation or the investigation of evidence and facts; |
| 2. | Where there is any defect in the composition of the Disciplinary Committee or the decision on disciplinary actions, etc., or there is any other procedural defect; |
| 3. | Where the disciplinary action or disciplinary penalties are excessive. |
| (2) | Where the Director-General intends to request disciplinary action, etc. under paragraph (1), he or she shall make such request to the Disciplinary Committee within three months from the date the relevant judgment of the court becomes final and conclusive, and the Disciplinary Committee shall decide on disciplinary action, etc. prior to other disciplinary cases. |
| Article 39 (Inquiry of Grounds for Taking Disciplinary Action against Investigation Office Prosecutor Desiring Retirement) |
| (1) | Where an Investigation Office prosecutor desires to retire from office, the Director-General shall inquire of the Board of Audit and Inspection, the prosecutors’ office, the police, and other investigation agencies about whether there is a ground for disciplinary action under Article 32. |
| (2) | Where there is a ground for disciplinary action corresponding to dismissal or removal or suspension from office as a result of inquiry under paragraph (1), the Director-General shall request disciplinary action, etc. without delay, and the Disciplinary Committee shall decide on disciplinary action, etc. prior to other disciplinary cases. |
| Article 40 (Delivery of Copy of Written Request for Disciplinary Action to Disciplinary Suspect, and Suspension of Performance of Duties Thereof) |
| (1) | The Disciplinary Committee shall deliver a copy of a written request for disciplinary action to the disciplinary suspect. |
| (2) | The Director-General may, if deemed necessary, order the disciplinary suspect to suspend the performance of his or her duties. |
| Article 41 (Decision on Disciplinary Action) |
| (1) | When completing deliberation on the relevant case, the Disciplinary Committee shall decide whether to take disciplinary action with the concurring vote of a majority of the members of the Disciplinary Committee. |
| (2) | The chairperson shall have the right to vote in a decision and shall have the deciding vote in case of a tie in votes. |
| Article 42 (Execution of Disciplinary Action) |
| (1) | In case of reprimand, the Director General shall execute the disciplinary action, and in case of dismissal, removal or suspension from office, or reduction of salary, the President shall execute the disciplinary action upon recommendation of the Director General. |
| (2) | When disciplinary action is taken against an Investigation Office prosecutor, such fact shall be published in the Official Gazette. |
| Article 43 (Application of Other Statutes) |
Articles 3, 9 through 17, 19 through 21, 22 ("Article 23" in paragraph (2) shall be construed as "Article 42"), and 24 through 26 of the Act on Discipline of Prosecutor shall apply mutatis mutandis to the matters not prescribed in this Chapter. In such cases, "prosecutor" shall be construed as "Investigation Office prosecutor".
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 44 (Dispatched Public Officials) |
Other administrative agencies may, if necessary, dispatch their public officials to the Investigation Office, in consideration of the contents, specificity, etc. of the duties of the Investigation Office.
| Article 45 (Organization and Operation) |
Except as provided in this Act, matters necessary for the organization and operation of the Investigation Office shall be prescribed by the Investigation Office Regulations.
| Article 46 (Protection of Information Providers) |
| (1) | When anyone becomes aware of corruption, etc. of a high-ranking official, he or she may provide the Investigation Office with information on such corruption, and shall not be subject to any disadvantageous measures for this reason. |
| (2) | The Investigation Office may take protective measures and supporting actions under the Protection of Public Interest Reporters Act to whistle blowers. Detailed matters concerning the protection of whistle blowers shall be prescribed by Presidential Decree. |
| Article 47 (Application Mutatis Mutandis of Other Statutes) |
The Prosecutors' Office Act (excluding Article 4 (1) 2, 4, and 5) and the Criminal Procedure Act shall apply mutatis mutandis to other duties, powers, etc. under this Act of the Investigation Office prosecutors and the Investigation Office investigators, unless such statutes are contrary to the provisions of this Act.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Preparation for Establishment of the Investigation Office)
Acts necessary for the establishment of the Investigation Office, such as the appointment of public officials belonging thereto, and other preparatory acts necessary for enforcing this Act may be performed before this Act enters into force.