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ENFORCEMENT DECREE OF THE PUBLIC SERVICE ETHICS ACT

Wholly Amended by Presidential Decree No. 13927, Jul. 12, 1993

Amended by Presidential Decree No. 14441, Dec. 23, 1994

Presidential Decree No. 14498, Dec. 31, 1994

Presidential Decree No. 15243, Dec. 31, 1996

Presidential Decree No. 15596, Dec. 31, 1997

Presidential Decree No. 16031, Dec. 31, 1998

Presidential Decree No. 16094, Feb. 1, 1999

Presidential Decree No. 16574, Oct. 11, 1999

Presidential Decree No. 16608, Dec. 7, 1999

Presidential Decree No. 16709, Feb. 14, 2000

Presidential Decree No. 16752, Mar. 13, 2000

Presidential Decree No. 16784, Apr. 18, 2000

Presidential Decree No. 17213, Apr. 27, 2001

Presidential Decree No. 17227, May 24, 2001

Presidential Decree No. 17275, jun. 30, 2001

Presidential Decree No. 17420, Nov. 29, 2001

Presidential Decree No. 17538, Mar. 2, 2002

Presidential Decree No. 17899, Feb. 4, 2003

Presidential Decree No. 18207, Dec. 30, 2003

Presidential Decree No. 18210, Jan. 9, 2004

Presidential Decree No. 18594, Dec. 3, 2004

Presidential Decree No. 18698, Feb. 11, 2005

Presidential Decree No. 18920, jun. 30, 2005

Presidential Decree No. 18965, Jul. 26, 2005

Presidential Decree No. 19133, Nov. 16, 2005

Presidential Decree No. 19162, Dec. 1, 2005

Presidential Decree No. 19206, Dec. 28, 2005

Presidential Decree No. 19458, Apr. 27, 2006

Presidential Decree No. 19563, jun. 29, 2006

Presidential Decree No. 19644, Aug. 17, 2006

Presidential Decree No. 19759, Dec. 21, 2006

Presidential Decree No. 19929, Mar. 16, 2007

Presidential Decree No. 19958, Mar. 27, 2007

Presidential Decree No. 20099, jun. 21, 2007

Presidential Decree No. 20191, Jul. 26, 2007

Presidential Decree No. 20741, Feb. 29, 2008

Presidential Decree No. 20947, Jul. 29, 2008

Presidential Decree No. 20993, Sep. 10, 2008

Presidential Decree No. 21052, Sep. 30, 2008

Presidential Decree No. 21146, Dec. 3, 2008

Presidential Decree No. 21289, Feb. 3, 2009

Presidential Decree No. 21487, May 13, 2009

Presidential Decree No. 21841, Nov. 23, 2009

Presidential Decree No. 22766, Mar. 29, 2011

Presidential Decree No. 23271, Oct. 28, 2011

Presidential Decree No. 23645, Feb. 29, 2012

Presidential Decree No. 24425, Mar. 23, 2013

Presidential Decree No. 24852, Nov. 20, 2013

Presidential Decree No. 25066, Jan. 7, 2014

Presidential Decree No. 25375, jun. 11, 2014

Presidential Decree No. 25398, jun. 25, 2014

Presidential Decree No. 25751, Nov. 19, 2014

Presidential Decree No. 25781, Nov. 28, 2014

Presidential Decree No. 26179, Mar. 30, 2015

Presidential Decree No. 26683, Nov. 30, 2015

Presidential Decree No. 27293, jun. 28, 2016

Presidential Decree No. 27621, Nov. 29, 2016

Presidential Decree No. 27787, Jan. 10, 2017

Presidential Decree No. 27824, Jan. 31, 2017

Presidential Decree No. 28211, Jul. 26, 2017

Presidential Decree No. 28266, Sep. 5, 2017

Presidential Decree No. 28475, Dec. 19, 2017

Presidential Decree No. 29013, Jul. 2, 2018

Presidential Decree No. 29063, Jul. 24, 2018

Presidential Decree No. 29931, jun. 25, 2019

Presidential Decree No. 30515, Mar. 10, 2020

Presidential Decree No. 30753, jun. 2, 2020

Presidential Decree No. 30833, Jul. 14, 2020

Presidential Decree No. 30895, Aug. 4, 2020

Presidential Decree No. 31012, Sep. 10, 2020

Presidential Decree No. 31349, Dec. 31, 2020

Presidential Decree No. 31822, jun. 22, 2021

Presidential Decree No. 32012, Sep. 24, 2021

 Article 1 (Purpose)
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 on Feb. 3, 2009]
 Article 2 Deleted. <Feb. 3, 2009>
 Article 2-2 (Avoidance of Possible Conflicts of Interest)
Where it impracticable for a public official to perform a duty impartially because the duty has conflicts of interest with his or her property, the public official shall avoid the duty or perform the duty after consulting with his or her immediate superior or the head of the audit department.
[This Article Newly Inserted on Jun. 28, 2016]
 Article 3 (Persons Liable for Registration)
(1) "Diplomatic public officials prescribed by Presidential Decree" in Article 3 (1) 4 of the Act means diplomatic public officials of the Senior Executive Service and diplomatic public officials in the positions assigned to at least VI class of duties defined in Article 51 of the Public Officials Remuneration Regulations.
(2) "Military civilian employees in the equivalent ranks" in Article 3 (1) 7 of the Act means civilian personnel of at least Grade II in rank in the military service or general civilian personnel of the equivalent ranks in the military service. <Amended on Dec. 19, 2017>
(3) “Executive officers" in Article 3 (1) 12 of the Act means directors, auditors, and higher-level standing executive officers (including persons in charge of equivalent duties, irrespective of title).
(4) “Public-service-related organizations prescribed by Presidential Decree that handle real estate-related tasks or information, such as the Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act” in Article 3 (1) 12-2 of the Act means the following institutions and organizations: <Newly Inserted on Sep. 24, 2021>
1. The Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act;
3. Local government-invested public corporations and local public agencies operating the business under Article 2 (1) 7 or 8 of the Local Public Enterprises Act, which are designated and publicly notified by the Minister of Personnel Management.
(5) "Public officials in specified fields and employees of public-service-related organizations prescribed by ... Presidential Decree" in Article 3 (1) 13 of the Act means the following persons: <Amended on May 13, 2009; Oct. 28, 2011; Nov. 20, 2013; Jan. 7, 2014; Nov. 28, 2014; Jun. 28, 2016; Nov. 29, 2016; Jan. 10, 2017; Jan. 31, 2017; Jul. 24, 2018; Mar. 10, 2020; Jun. 2, 2020; Jul. 14, 2020; Sep. 10, 2020; Dec. 31, 2020; Sep. 24, 2021>
1. Public officials in research service prescribed in subparagraphs 1 (a) through (c), 2 (a) and (b), and 3 (a) of attached Table 2 of the Regulations on the Appointment of Public Officials Engaged in Research and Technical Advice Service, and public officials in technical advisory service prescribed in subparagraphs 1 (a) and (b), 2 (a), and (b), and 3 (a) of attached Table 2-2 of the same Regulations, who are officers in research service or technical advisory service equivalent to public officials of at least Grade IV or to public officials in general service of the Senior Executive Service;
1-2. Professional experience officials and local professional experience officials equivalent to public officials of at least Grade IV in general service;
1-3. Senior professional officials under Article 3 of the Personnel Regulations for Professional Public Officials;
2. Senior school supervisors and senior education research officials appointed to positions equivalent to public officials of at least Grade IV or to public officials in general service of the Senior Executive Service;
3. Department chiefs or office chiefs of universities and colleges (including various schools equivalent to universities and colleges);
4. Public officials of Grades V through VII in general service (including equivalent professional experience officials) and equivalent public officials in extraordinary civil service;
5. Public officials of Grades V through VII in general service who belong to the Anti-Corruption Bureau under Article 9 of the Decree on the Organization of Anti-Corruption and Civil Rights Commission and Its Affiliated Agencies and to the Examination Protection Bureau under Article 9-2 of the same Decree (including equivalent professional experience officials) and equivalent public officials in extraordinary civil service;
6. Police officials who are superintendents, senior inspectors, inspectors, or assistant inspectors and autonomous police officials who are autonomous superintendents, autonomous senior inspectors, autonomous inspectors, or autonomous assistant inspectors;
7. Firefighting officials who are deputy fire chiefs, fire captains, fire lieutenants, or fire sergeants: Provided, That the fire lieutenants or fire sergeants who are exclusively responsible for field duty such as firefighting, rescue, and first aid or situation management duty shall be excluded if they have obtained approval from the competent public service ethics committee (including cases of approval by department);
8. Public officials of the National Tax Service or the Korea Customs Service who are of Grades V through VII in general service (including equivalent professional experience officials) and equivalent public officials in extraordinary civil service;
9. Public officials of the Ministry of Justice, the Public Prosecutors’ Office, and the Corruption Investigation Office for High-ranking Officials who are of Grades V through VII in public prosecution service and drug investigation service;
9-2. Public officials of Grade V in general service (including equivalent professional experience officials) assigned to departments in charge of military installations, military contracts and inspections, defense improvement, military courts, military prosecution, investigations (excluding investigations conducted under subparagraph 2 of Article 44 of the Military Court Act and criminal investigations conducted under the Military Secret Protection Act), or to departments in charge of audits and inspections at 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 jurisdiction of the Ministry of National Defense) and the Defense Acquisition Program Administration (including affiliated agencies), and equivalent public officials in extraordinary civil service, lieutenant colonels, and Grade III civilian employees in military service under the Act on the Management of Civilian Personnel in the Military Service;
9-3. Public officials of the Korea Fair Trade Commission who are of Grades V through VII in general service (including equivalent professional experience officials) assigned to departments in charge of case-related affairs such as investigations, examinations, corrective measures, or imposition of penalty surcharges on enterprises, and equivalent public officials in extraordinary civil service;
9-4. Public officials of the Ministry of Food and Drug Safety who are of Grades V through VII in general service (including equivalent professional experience officials) assigned to departments in charge of investigation of dangerous crimes and equivalent public officials in extraordinary civil service;
10. Public officials of central administrative agencies (including affiliated institutions; hereafter in this Article the same shall apply) or local governments (excluding public officials of an Eup/Myeon/Dong; hereinafter the same shall apply) who are of Grades V through VII in general service (including equivalent professional experience officials and local professional experience officials) assigned to departments mainly responsible for audits and inspections (referring to the smallest unit of a subsidiary body and an equivalent appointed position under the Government Organization Act in the case of central administrative agencies, and referring to the smallest unit of a subsidiary body and an equivalent appointed position under ordinances or rules of local governments in the case of local governments; hereafter in this Article the same shall apply) and equivalent public officials in specific service or in extraordinary civil service, and their senior supervisors: Provided, That if a central administrative agency or local government has no division in charge of audits and inspections, it refers to public officials of Grades V through VII in general service (including equivalent experience officials and local professional experience officials) who are in charge of audits and inspections, equivalent public officials in specific service or in extraordinary civil service, and their senior supervisors;
10-2. Public officials of central administrative agencies or local governments, who serve at a department in charge of accounting duties and also fall under subparagraph 1 (a) of Article 2 of the Act on Liability of Accounting Personnel, collectors, accounting officers, and disbursement officers under subparagraph 2 (a) of the same Article, and treasurers receiving and disbursing income-generating expenses, treasurers receiving and disbursing revenues, treasurers receiving and disbursing cash other than revenues and expenditures, persons commissioned to perform some of their duties, and their assistants under Article 44 (3) of the Local Accounting Act who are of Grades V through VII in general service (including equivalent experience officials and local professional experience officials) and equivalent public officials in specific service or in extraordinary civil service and their senior supervisors: Provided, That the following public officials are excluded:
(a) Public officials of the Army, the Navy, the Air Force, the Joint Chiefs of Staff, military units or agencies under the direct jurisdiction of the Ministry of National Defense: Provided, That public officials of Grade V in general service (including equivalent professional experience officials) assigned to departments in charge of military contracts and inspections, and equivalent public officials in extraordinary civil service, military and civilian personnel in the military service shall be excluded herefrom;
(b) Public officials of post offices, mail centers, and distribution centers under Article 27 of the Decree on the Organization of Korea Post;
(c) Public officials of schools at all levels under the Early Childhood Education Act and the Elementary and Secondary Education Act;
11. Public officials of central administrative agencies or local governments who are of Grades V through VII in general service (including equivalent professional experience officials and local professional experience officials) assigned to departments in charge of authorization and permission, approval, inspections and supervision, and guidance and enforcement for the general public (hereinafter referred to as “affairs for the public”) in the areas of construction, civil engineering, environment, and food sanitation, and equivalent public officials in specific service or in extraordinary civil service and their senior supervisors: Provided, That public officials not directly performing the affairs for the public but conducting facility management, construction machine operation, vehicle driving, ship sailing, or other similar work, who have obtained approval from a competent public service ethics committee, shall be excluded herefrom;
11-2. Public officials of central administrative agencies or local governments who are of Grade V or below in general service (including equivalent professional experience officials and local professional experience officials) assigned to departments in charge of the tasks listed below or handling information related to such tasks (hereinafter referred to as "real estate-related department"), and equivalent public officials in specific service or in extraordinary civil service and their senior supervisors: Provided, That public officials not directly performing the tasks below but conducting facility management, construction machine operation, vehicle driving, ship sailing, or other similar work, who have obtained approval from a competent public service ethics committee, shall be excluded herefrom:
(a) Implementing public works referred to in Article 4 of the Act on Acquisition of and Compensation for Land for Public Works Projects or establishing related plans;
(b) Designation of zones, districts, etc. under Article 8 of the Framework Act on the Regulation of Land Use (including alterations and cancellations);
(c) Designation, and revocation of designation, of areas subject to sales price ceiling system under Article 58 of the Housing Act, designation and revocation of designation of high-speculation areas under Article 63 of the same Act, or designation and revocation of designation of areas subject to adjustment under Article 63-2 of the same Act;
(d) Designation, revocation of designation, and reduction of areas subject to permission of land transaction under Article 10 of the Act on Report on Real Estate Transactions;
(e) Impact assessments required by statutes or regulations, including the environmental impact assessment under the Environmental Impact Assessment Act and the traffic impact assessment under the Urban Traffic Improvement Promotion Act;
(f) Preliminary feasibility surveys under Article 38 of the National Finance Act;
(g) Other tasks related to real estate development, regulation, research, investigation, etc.;
12. Public officials of local governments who are of Grades V through VII in general service (including equivalent local professional experience officials) assigned to departments in charge of imposition, collection, investigation, and examination of taxes, equivalent public officials in extraordinary civil service, and their senior supervisors;
13. Public officials in a fixed term position, who are appointed to grades and positions under subparagraphs 1, 2, 4 through 9, 9-2 through 9-4, 10, 10-2, 11, 11-2 and 12, or to equivalent grades and positions;
14. Employees of at least Grade II of the Bank of Korea under the Bank of Korea Act and the Korea Deposit Insurance Corporation under Article 3 of the Depositor Protection Act;
15. Employees of at least Grade IV of the Financial Supervisory Service under the Act on the Establishment of Financial Services Commission;
16. Employees of public-service-related organizations supervised by the Ministry of National Defense or the Defense Acquisition Program Administration, who are appointed by the Minister of National Defense: Provided, That they shall be of senior level or higher in the case of the Agency for Defense Development under the Act on the Agency for Defense Development or the Defense Agency for Technology and Quality under Article 32 of the Defense Acquisition Program Act;
17. Employees of at least Grade II of public-service-related organizations related to nuclear power generation designated by the Minister of Trade, Industry and Energy;
18. Employees of at least Grade II of the Korea Trade Insurance Corporation under Article 37 of the Trade Insurance Act;
19. Employees of at least Grade II of the Korea National Railway under the Korea National Railway Act;
20. Employees of public-service-related organizations (excluding the public-service-related organizations referred to in the subparagraphs of Article 3 (4)) who are working in real estate-related departments and their senior supervisors (excluding executive officers).
(6) The Minister of Personnel Management shall designate public-service-related organizations with real estate-related departments by December 31 of each year and publish them in the Official Gazette. <Newly Inserted on Sep. 24, 2021>
(7) The relevant departments falling under paragraph (5) 9-2 through 9-4, 10-2, 11, 11-2, and 20 shall be determined by the head of the relevant registration agency (excluding the head of the registration agency under Article 5 (3) of the Act). <Amended on Nov. 23, 2009; Oct. 28, 2011; Jan. 7, 2014; Jun. 2, 2020; Sep. 24, 2021>
[This Article Wholly Amended on Feb. 3, 2009]
 Article 3-2 (Scope, etc. of Public Service-Related Organizations)
(1) Institutions and organizations that can be designated as a public service-related organization under Article 3-2 (1) of the Act, are as follows: <Amended on Nov. 23, 2009; Oct. 28, 2011; Mar. 30, 2015>
1. Institutions and organizations referred to in Article 3-2 (1) 1, 2, and 5 of the Act;
2. Local government-invested public corporations and local government public corporations referred to in Article 3-2 (1) 4 of the Act;
3. Institutions and organizations receiving at least one billion won in annual investments, contributions, or subsidies from the Government or local governments;
4. Institutions and organizations with a budget of at least ten billion won, among institutions and organizations that perform the duties entrusted by the Government or local governments, or perform such duties on behalf of the Government or local governments;
5. Institutions and organizations, the total capital of which is comprised of re-investments or re-contributions made, solely or jointly, by an institution or organization that has received investments or contributions from the Government or local governments;
6. Public institutions referred to in Article 4 of the Act on the Management of Public Institutions, except those specified in subparagraphs 3 through 5.
(2) The Minister of Personnel Management shall publicly notify a list of public service-related organizations designated under paragraph (1) (hereinafter referred to as "public service-related organizations") in the Official Gazette by the end of each half-year term. <Amended on Nov. 23, 2009; Oct. 28, 2011; Mar. 23, 2013; Dec. 19, 2014>
(3) Where a public service-related organization ceases to fall within the scope of public service-related organizations under paragraph (1), due to any amendment to an Act or articles of association, or on other grounds, it shall be deemed excluded from the list of public service-related organizations when such ground occurs. <Amended on Nov. 23, 2009>
(4) Where any ground occurs for which an institution or organization under the jurisdiction of the Government or a local government falls within the scope of public service-related organizations under paragraph (1), the Government or the local government shall immediately notify the Government Public Service Ethics Committee of such fact. <Newly Inserted on Nov. 23, 2009>
[This Article Newly Inserted on Feb. 3, 2009]
 Article 4 (Methods, etc. of Indicating Property to be Registered)
(1) Deleted. <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, details, duration, other specifications of such right, annual amount of income derived from such right, and how the income is generated. <Amended on 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 on Feb. 3, 2009>
(4) "Actual market price" referred to 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 on Feb. 3, 2009>
(5) "Transaction price prescribed by Presidential Decree" in Article 4 (3) 7 of the Act means the base price as at 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 on Feb. 3, 2009; Jun. 2, 2020>
(6) "Property prescribed by Presidential Decree" in the proviso of Article 4 (5) of the Act means the following properties: <Newly Inserted on Jun. 2, 2020>
1. Claims and liabilities among private individuals;
2. Shares of investment in unlimited partnerships, limited partnerships, and limited-liability companies;
3. Stock options.
(7) "Public officials ... prescribed by Presidential Decree" in the proviso of Article 4 (5) of the Act means the following persons: <Newly Inserted on Sep. 24, 2021>
1. Executive officers and employees of public-service-related organizations referred to in the subparagraphs of Article 3 (4);
2. Public officials of central administrative agencies or local governments who work in real estate-related departments (excluding the public officials falling under the proviso of Article 3 (5) 11-2 with the exception of the items) and their senior supervisors;
3. Employees of public-service-related organizations (excluding public service-related organizations referred to in the subparagraphs of Article 3 (4)) who work in real estate-related departments and their senior supervisors.
[This Article Wholly Amended on Feb. 3, 2009]
 Article 4-2 (Methods of Calculating Values of Property to be Registered)
(1) Where a person liable for registration intends to register his or 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 (i) (limited to golf membership) of the Act shall be calculated based on the higher amount of either the appraised value (referring to methods of calculating values, except for actual market prices, provided for in subparagraphs 1 through 4 and the proviso of subparagraph 12 of Article 4 (3) of the Act) as of the base date on which the property is registered, or the actual market price: Provided, That, where it is hard to know or practically impossible to verify either of the appraised value or the actual market price, the value of property shall be calculated based on the other price or value.
(2) The value of property provided for in Article 4 (2) 3 (f) through (h) 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) 9 through 11 and 13 of the Act) as of the base date on which the property is registered: Provided, That where the appraised value is nonexistent or it is practically impossible to verify the appraised value, the value of property shall be calculated based on the actual market price.
(3) The value of other stocks referred to in Article 4 (3) 7 of the Act shall be calculated as follows: <Newly Inserted on Jun. 2, 2020>
1. Where a person liable for registration or his or her interested party (referring to a person prescribed in Article 4 (1) 2 or 3 of the Act, but excluding a person permitted to not to publish the reported matters concerning his or her property pursuant to Article 12 (4) of the Act among those prescribed in subparagraph 3 of the same Article; hereinafter the same shall apply) trades the relevant stocks (referring to the latest trading, if there are two or more trading; hereafter the same shall apply in this subparagraph) during a period of not more than six months before the base date of property registration and where he or she meets the following requirements, the actual market price (referring to the actual market price may be proved by the data on reports on the national taxes that the obligation to pay of which have risen due to the purchase or sale): Provided, That where such actual market price is lower than the face value of other stocks, the value shall be the face value:
(a) Where the total amount of face value of stocks traded is at least 300 million won or where the total number of stocks traded is at least 1/100 of the total number of stocks issued by the relevant corporation;
(b) Where the trade is made with a third person, not between a person liable for registration or his or her interested party;
2. Where the actual market price under subparagraph 1 is unable to calculate, the highest amount among the amounts calculated pursuant to the following items: Provided, That where it is impracticable to calculate the amount under item (a) or (b), the value shall be the amount under item (c):
(a) Net profit value per share (weighted average of net profit per share during the last three business years ÷ interest rate determined by Ordinance of the Prime Minister) × 3/5 + net asset value per share (referring to the amount calculated by dividing the amount of net asset by the total number of issued stocks; hereinafter the same shall apply) × 2/5;
(b) Net asset value per share × 4/5;
(c) Face value per share;
3. Notwithstanding subparagraph 2, where the relevant stocks fall under any of the following items, the net asset value per share of the relevant stocks: Provided, That where it is impracticable to calculate the net asset value of the relevant stocks, the value shall be the face value:
(a) Stocks, etc. of a corporation under the proceedings of liquidation during the period for registration of property, or a corporation where it is deemed difficult to continue its business because of death of the business operator or any other reason;
(b) Stocks, etc. of a corporation that has not yet commenced its business, a corporation that has been in the business for less than four years, or a corporation temporarily or permanently closed.
(4) Matters necessary for calculating amounts pursuant to each item of paragraph (3) 2 shall be prescribed by Ordinance of the Prime Minister. <Newly Inserted on Jun. 2, 2020>
(5) "Information prescribed by Presidential Decree" in the former part of Article 4 (7) of the Act means the following information: <Newly Inserted on Jun. 2, 2020>
1. General information of the relevant corporation, such as the corporation name, corporate registration number, name of the representative, and date of commencement of business;
2. Financial information of the relevant corporation, such as the total amount of liabilities, net income during the last three business years, total number of issued stocks and face value;
3. Other information necessary for applying provisions of the subparagraphs of paragraph (3).
[This Article Wholly Amended on Jul. 2, 2018]
[Title Amended on Jun. 2, 2020]
 Article 4-3 (Registration Agency)
(1) "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 on Oct. 28, 2011; Mar. 23, 2013; Jul. 26, 2017; Jul. 14, 2020; Aug. 4, 2020>
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;
6-2. The Corruption Investigation Office for High-Ranking Officials;
7. The Korea Communications Commission;
8. The Nuclear Safety and Security Commission;
9. The Fair Trade Commission;
10. The Financial Services Commission;
11. The Anti-Corruption and Civil Rights Commission;
12. The Personal Information Protection Commission.
(2) Each registration agency provided for in Article 5 (3) of the Act shall be as follows: <Amended on Mar. 23, 2013; Dec. 19, 2014; Jul. 26, 2017; Dec. 31, 2020>
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;
2-2. Deleted; <Jul. 26, 2017>
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 City/Do police agency prescribed by the Commissioner General of the National Police Agency, the relevant City/Do police agency;
5. For public officials affiliated with any regional headquarters of the Korea Coast Guard determined by the Commissioner General of the Korea Coast Guard, the relevant regional headquarters of the Korea Coast Guard;
[This Article Wholly Amended on Feb. 3, 2009]
 Article 4-4 (Property Registration and Correction of Reported Changes Therein)
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 or her to correct such reported matters within 10 days from the deadline of property registration or reporting thereon.
[This Article Newly Inserted on Nov. 23, 2009]
 Articles 5
[Moved to Article 5-5 <Jun. 28, 2016>]
 Article 5-2 (Scope and Methods of Reporting Details of Stock Transactions)
(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 on Feb. 3, 2009]
 Article 5-3 (Permission for Deferring Reports on Changed Matters)
(1) “Grounds prescribed by Presidential Decree” in Article 6-3 (1) 4 of the Act means where leave of absence prescribed in Article 71 (2) 4 of the State Public Officials Act (hereinafter referred to as “child-care leave”) and maternity leave are used continuously. <Newly Inserted on Jul. 2, 2018>
(2) Where a person liable for registration takes child-care leave and maternity leave continuously pursuant to paragraph (1), permission for deferring a report on changed matters due to child-care leave shall be deemed effective even during the period of maternity leave: Provided, That where such person takes maternity leave first, she may apply for deferring a report on changed matters from the date maternity leave commences and the relevant permission for deferring a report on changed matters shall be deemed effective even during the period of child-care leave. <Newly Inserted on Jul. 2, 2018>
(3) When a person liable for registration has applied for deferring a report on changed matters in accordance with Article 6-3 (1) of the Act, the head of a registration agency shall notify such person liable for registration as to whether he or she grants or denies the requested deferment without delay. <Amended on Jul. 2, 2018>
(4) Where the period of deferment prescribed in each subparagraph of Article 6-3 (1) of the Act exceeds three years, the relevant person liable for registration may apply again to the head of a registration agency for deferring a report on changed matters within three years after filing the report on changed matters under Article 6-3 (3) of the Act. <Amended on Jul. 2, 2018>
[This Article Wholly Amended on Feb. 3, 2009]
 Article 5-4 (Details of Reports on Changed Matters, such as Amount of Movable Properties)
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 on Feb. 3, 2009]
 Article 5-5 (Submission of Written Consent to Provision of Information on Financial Transactions and Real Estate)
(1) If a person liable for registration of property or his or her interested party intends to be provided with financial data and data on real estate via a public service ethics committee, pursuant to Article 6-5 (1) and (2) of the Act, the person liable for registration of property shall submit a written consent to the provision of information on financial transactions and real estate (hereinafter referred to as "written consent") to the public service ethics committee through the registration agency within the following applicable period: <Amended on Jun. 28, 2016; Jan. 31, 2017; Jun. 2, 2020>
1. Filing registration or a report under Articles 5 (1), 6 (2), 10 (2) and 11 (1) of the Act: By the 15th of the month following the month in which the obligation to file registration or a report arises: Provided, That where the obligation to file registration or a report arises on the first day of every month, the period shall be by the 15th of the month;
2. Filing a report under Article 16 (1) of the Act: By one month before the start of the period for filing changes prescribed in the main clause of Article 6 (1) of the Act (hereinafter referred to as "regular period for filing changes").
(2) If a person liable for registration of property or any of his or her interested parties intends to withdraw the consent under paragraph (1), he or she shall submit a written withdrawal of consent to the relevant public service ethics committee.
(3) If an interested party is unable to personally prepare and submit a written consent referred to in paragraph (1) or a written withdrawal of consent referred to in paragraph (2) because he or she is a minor, a person under limited guardianship, or a person under adult guardianship; he or she has a mental disorder; or other inevitable causes exist, his or her agent may prepare a written consent or a written withdrawal of consent and submit it to the relevant public service ethics committee. <Amended on Jul. 2, 2018>
(4) If a central association, federation, association, etc. (hereinafter referred to as "association, etc."), having a financial institution as its member company, affiliated company, etc., manage an information and communications network (referring to the information and communications network defined in Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection; hereinafter the same shall apply) concerning property and credit, a public service ethics committee may make financial inquiries to the head of that financial institution using the information and communications network of the association, etc. <Amended on Oct. 28, 2011>
[This Article Wholly Amended on Feb. 3, 2009]
[Moved from Article 5 <Jun. 28, 2016>]
 Article 6 (Notification of Changes with Respect to Persons Liable for Registration)
If a public official of a government agency or an executive officer or employee of a public service-related organization becomes liable for registration or is exempt from such liability on such grounds as new appointment, promotion, transfer, change of occupational category, or retirement, the head of such agency or organization shall notify the relevant registration agencies prescribed in Articles 5 (1) and (3) and 6 (2) of the Act of the official announcement of such personnel affairs at the same time as the official announcement thereof is made.
[This Article Wholly Amended on Feb. 3, 2009]
 Article 7 (Permission for Extension of Time Limit for Property Registration)
(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, and main clause 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 extended time limit for property registration shall not exceed 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 under the latter part of paragraph (1) shall be calculated from the date the relevant grounds cease.
[This Article Wholly Amended on Feb. 3, 2009]
 Article 8 (Reports on Current Status of Property Registration)
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 on Nov. 23, 2009>
[This Article Wholly Amended on Feb. 3, 2009]
 Article 9 (Transfer of Property Registration Papers)
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 or she has received and keeps in his or her custody. <Amended on Jun. 21, 2007>
[Title Amended on Jun. 21, 2012]
 Article 10 (Supplement of Property Registration Papers and Submission of Materials)
(1) Any person liable for registration who receives an order to supplement his or 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 or 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 or 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 or she receives such request, except in extenuating circumstances.
[This Article Wholly Amended on Feb. 3, 2009]
 Article 10-2 (Submission of Data on Financial Transactions)
(1) Any public service ethics committee may request the head of a financial institution to submit data on details of financial transactions under Article 8 (5) of the Act to the minimum extent necessary for the purpose of an examination, in any of the following cases only: <Amended on Jan. 7, 2014>
1. Where it is deemed that the financial assets are not registered truthfully, based on the details of the registered property;
2. Where a person liable for registration has caused social outrage regarding his or her property;
3. Where the property shows an excessive increase or decrease in value for no special reason;
4. Where there is a suspicion of an omission in property to be registered.
(2) Article 5-5 (4) shall apply mutatis mutandis to the request for data on the details of financial transactions under paragraph (1). <Newly Inserted on Jan. 7, 2014; Jun. 28, 2016>
[This Article Wholly Amended on Feb. 3, 2009]
 Article 11 (Demand for Attendance of Persons Liable for Registration and Interested Person)
(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 or 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 or her with the competent investigation agency. <Amended on Mar. 29, 2011; Jun. 22, 2021>
[This Article Wholly Amended on Feb. 3, 2009]
 Article 12 (Listening Statements)
(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 on Feb. 3, 2009]
 Article 13 (Reporting on Outcomes of Examination of Delegated Agency on Registered Matters)
(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 of 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 on Feb. 3, 2009]
 Article 14 (Supervision and Inspection of Delegated Agencies)
(1) The Committee may supervise or inspect the performance of delegated affairs of an agency delegated with the examination of registered matters under Article 8 (11) of the Act.
(2) When the Minister of Environment, the Minister of Land, Infrastructure and Transport, the Commissioner of the National Tax Service, the Commissioner General of the National Police Agency, or the Commissioner General of the Korea Coast Guard designates an affiliated agency as a registration agency pursuant to Article 4-3 (2), he or she may supervise or inspect the performance of registration affairs delegated to such agency. <Amended on Mar. 23, 2013; Dec. 19, 2014; Jul. 26, 2017>
[This Article Wholly Amended on Feb. 3, 2009]
 Article 14-2 (Request to Vindicate Process of Acquiring Property)
(1) In any of the following cases, a public service ethics committee may ask a person liable for registration to vindicate the process of acquiring property pursuant to Article 8 (13) of the Act: <Amended on Jun. 2, 2020>
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 (6) of the Act;
3. Where they have caused social controversies over the problem of their property;
4. Where property has unquestionably increased or decreased without any justifiable grounds therefor taking into account 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 or 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 or 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 on Feb. 3, 2009]
 Article 15 (Notification of Measures Taken Following Requests for Decisions on Disciplinary Action)
The head of an agency or public service-related organization in receipt of a demand made under Article 8-2 (2) 4, 14-5 (11) 3, or 22 of the Act to decide on dismissal or disciplinary action against its public official or executive officer or employee, shall notify the Committee of the measures taken thereby. <Amended on Jun. 2, 2020; Jun. 22, 2021>
[This Article Wholly Amended on Feb. 3, 2009]
 Article 15-2 (Jurisdictions of Public Service Ethics Committees)
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 on Oct. 28, 2011>
[This Article Wholly Amended on Feb. 3, 2009]
 Article 16 (Composition of Government Public Service Ethics Committee)
(1) The President shall appoint nine members, including the Chairperson of the Government Public Service Ethics Committee (hereafter referred to as "Government Ethics Committee" in this Article, Articles 17 through 19, 19-2, 19-3, 20 through 22, and 22-2), from among persons referred to in the main clause of Article 9 (3) of the Act. <Amended on Jun. 28, 2016; Jun. 22, 2021>
(2) The Minister of Personnel Management shall serve as the Vice-Chairperson of the Government Ethics Committee. <Amended on Mar. 23, 2013; Dec. 19, 2014>
(3) The President shall appoint three members of the Government Ethics Committee from among government public officials, in addition to members appointed under paragraphs (1) and (2).
[This Article Wholly Amended on Oct. 28, 2011]
 Article 17 (Terms of Office of Chairperson and Members of Government Ethics Committee)
(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 on Oct. 28, 2011>
(2) Notwithstanding 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 or her position. <Amended on Oct. 28, 2011>
[This Article Wholly Amended on Feb. 3, 2009]
[This Article Wholly Amended on Oct. 28, 2011]
 Article 18 (Duties of Chairperson and Vice-Chairperson of Government Ethics Committee)
(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 on Oct. 28, 2011>
(2) If the Chairperson of the Government Ethics Committee is unable to perform his or her duties due to unavoidable circumstances, the Vice-Chairperson of the Government Ethics Committee shall act as Chairperson on his or her behalf. <Amended on Oct. 28, 2011>
[This Article Wholly Amended on Feb. 3, 2009]
[This Article Wholly Amended on Oct. 28, 2011]
 Article 19 (Meetings of Government Ethics Committee)
(1) The Chairperson of the Government Ethics Committee shall convene and preside over meetings of the Government Ethics Committee. <Amended on Oct. 28, 2011>
(2) A majority of all registered members of the Government Ethics Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present: Provided, That any decision on the following matters shall require the concurring vote of at least 2/3 of those present: <Amended on Oct. 28, 2011; Jun. 2, 2020; Jun. 22, 2021>
1. A request for an investigation under Article 8 (7) of the Act and approval therefor under Article 8 (12) of the Act;
2. Taking any of the measures under Article 8-2 (2) of the Act or notification to the head of a relevant administrative agency under paragraph (6) of the same Article;
3. Taking any of the measures under Article 14-5 (11) of the Act;
4. Demand for a decision on a dismissal or disciplinary action under Article 22 of the Act;
5. Accusation against those who fall under Articles 24, 24-2, 25 through 28, 28-2, or 29 of the Act.
(3) Deleted. <Jun. 28, 2016>
(4) A member who is excluded or recuses himself or herself from an examination or decision-making of the Government Ethics Committee under Article 19-2, shall be disregarded for the purposes of counting the number of registered members referred to in paragraph (2). <Amended on Oct. 28, 2011; Jun. 28, 2016>
(5) No meeting of the Committee shall be made public. <Amended on Oct. 28, 2011>
[This Article Wholly Amended on Feb. 3, 2009]
[This Article Wholly Amended on Oct. 28, 2011]
 Article 19-2 (Exclusion and Recusal of Members of Government Ethics Committee)
(1) A member of the Government Ethics Committee shall be excluded from examining and making a decision on an agenda item, if:
1. The member or his or her current or former spouse is a party to the agenda item, or holds any right or liability jointly with a party to the agenda item;
2. Where the member is or was a relative of a party to the relevant agenda;
3. Where the member has testified, made a statement, provided advice or services, or conducted research or an appraisal in relation to the relevant agenda item;
4. Where the member or a corporation to which the member belongs is or was an agent of a party to the relevant agenda item.
5. The member is or was an immediate superior of, or an immediate subordinate, to a party to the agenda item.
(2) If any of the grounds for exclusion prescribed in the subparagraphs of paragraph (1) arises with respect to a member of the Government Ethics Committee, or it is impracticable for the member to expect the fairness of the examination, that member shall recuse himself/herself from the examination of the relevant agenda item.
[This Article Newly Inserted on Jun. 28, 2016]
 Article 19-3 (Dismissal of Members of Government Ethics Committee)
The President may dismiss a member of Government Ethics Committee, if:
1. Where he or she becomes unable to perform his or her duties due to mental disorder;
2. Where he or she commits any wrongdoing related to his/he duties;
3. The member is deemed unfit for a member due to neglect of a duty, loss of dignity, or any other reason;
4. The member fails to personally refrain although he or she falls under any subparagraph of Article 19-2 (1);
5. The member voluntarily indicates that it is impracticable to perform his or her duties.
[This Article Newly Inserted on Jun. 28, 2016]
 Article 20 (Executive Secretaries of Government Ethics Committee)
(1) In order to manage the affairs of the Government Ethics Committee and conduct fact-finding surveys, etc., several executive secretaries and clerical employees shall be assigned to the Government Ethics Committee. <Amended on Oct. 28, 2011>
(2) The executive secretaries shall be appointed by the Minister of Personnel Management from among officials belonging to the Ministry of Personnel Management. <Amended on Mar. 23, 2013; Dec. 19, 2014>
[This Article Wholly Amended on Feb. 3, 2009]
[This Article Wholly Amended on Oct. 28, 2011]
 Article 21 (Allowance of Members)
The Chairperson, Vice-Chairperson and members of the Government Ethics Committee may receive allowances, travel expenses and other necessary expenses within budgetary limits. <Amended on Oct. 28, 2011>
[This Article Wholly Amended on Feb. 3, 2009]
 Article 22 (Operational Rules of Government Ethics Committee)
The following matters shall be prescribed by operational rules of the Government Ethics Committee, subject to resolution of the Government Ethics Committee: <Amended on Jun. 28, 2016>
1. Matters concerning criteria necessary to conduct examinations (including re-examination under Article 9-2 of the Act) and make decisions under 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 "subcommittee") and expert advisors, except as expressly prescribed by the Act or this Decree.
[This Article Wholly Amended on Oct. 28, 2011]
 Article 22-2 (Subcommittees)
(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 on Oct. 28, 2011]
 Article 23 (Designation of Persons in Charge)
The head of a registration agency shall designate employees under his or 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 on Oct. 28, 2011>
[This Article Wholly Amended on Feb. 3, 2009]
 Article 24 (Persons Subject to Disclosure of Property)
(1) Deleted. <Oct. 28, 2011>
(2) "Diplomatic public officials prescribed by Presidential Decree" referred to in Article 10 (1) 4 of the Act, means diplomatic public officials of Grades XII through XIV classified under Article 51 of the Public Officials Remuneration Regulations or those assigned to Grade I position, among diplomatic public officials who belong to the Senior Executive Service.
(3) Public officials of the Government whose registered property is to be disclosed under Article 10 (1) 12 of the Act, shall be as follows: <Amended on Nov. 20, 2013; Jul. 14, 2020; Jun. 22, 2021>
1. The Director-General and Deputy Director-General of the Corruption Investigation Office for High-Ranking Officials;
2. The Vice Chief of the Presidential Security Service;
3. Officers in research service and technical advisory service, senior school supervisors, and educational research officials, assigned to positions equivalent to public officials in general service and in extraordinary civil service of the Senior Executive Service who are appointed to position of the highest class of duty assigned under Article 23 of the State Public Officials Act;
4. Public officials in a fixed term position, assigned to the positions eligible to be appointed as the public officials referred to in subparagraph 3.
(4) Executive officers 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 on Nov. 23, 2009>
1. The heads of the institutions and organizations with at least 20 billion won investment, contribution, and subsidies, or re-investment or and re-contribution from the Government or a local government, among institutions and organizations referred to in Article 3-2 (1);
2. The heads of the institutions and organizations with at least 10 billion won investment, contribution and subsidies, or re-investment or and re-contribution from the Government or a local government, among public service-related organizations, the executive officers of which are approved or appointed by the head of a central administrative agency or local government;
3. The heads of the institutions and organizations appointed or dismissed by the President, among public service-related organizations, the executive officers of which are approved or appointed by the head of a central administrative agency or local government.
(5) The Minister of Personnel Management shall publicly notify a list of the executive officers 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-year term. <Amended on Nov. 23, 2009; Oct. 28, 2011; Mar. 23, 2013; Nov. 19, 2014>
[This Article Wholly Amended on Feb. 3, 2009]
 Article 25 (Submission of Lists of Property to be Disclosed)
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 or she registers property or reports the changed matters under Articles 5 and 6 of the Act.
[This Article Wholly Amended on Feb. 3, 2009]
 Article 26 (Permission for Public Inspection and Reproduction of Registered Matters)
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 on Feb. 3, 2009]
 Article 27 (Filing Applications for Permission to Refuse to Publish Registered Property)
(1) Where an independent family member, among lineal ascendants or descendants of a person liable for registration provided for in Article 4 (1) 3 of the Act (hereinafter referred as "lineal ascendant or descendant"), intends to obtain permission to refuse to publish his or her property pursuant to Article 12 (4) of the Act, the person liable for registration shall file an application for permission to refuse to publish property with the competent public service ethics committee through the relevant registration agency within the following applicable period: <Amended on Nov. 23, 2009; Oct. 28, 2011; Mar. 30, 2015; Jun. 28, 2016; Jun. 2, 2020>
1. Where he or she is required to register his or her property pursuant to Article 5 (1) of the Act: Within one month from the date he or she becomes liable for registration;
2. Where he or she is required to report changes in his or her property pursuant to Article 6 (1) of the Act: Within one month from the beginning of the reporting period;
2-2. Where he or she is required to report changes in his or her property pursuant to Article 6 (2) of the Act: Within one month from the date of his or her retirement;
3. Where he or she is required to report changes in his or her property pursuant to Article 6-3 (3) of the Act: Within one month from the date the cause for deferment ceases to exist;
4. Where the deadline for registration of property is extended pursuant to Article 7 of the Act: Within 15 days (10 days for a person whose registered property has been disclosed) from the date the extended deadline runs;
5. Where he or she is required to register his or her property pursuant to Article 10 (2) of the Act: Within one month from the date he or she becomes subject to disclosure;
6. Where he or she is required to report changes in his or her property pursuant to Article 11 (1) of the Act: Within one month from the date of transfer, etc.
(2) The competent public service ethics committee shall determine whether to grant permission and notify the relevant applicant of such determination within ten days from the receipt of the application filed under paragraph (1) and may extend the period for determination and notification by up to ten days, if deemed necessary. <Amended on Nov. 23, 2009>
(3) Where deemed necessary to examine an application for permission to refuse to publish matters concerning registered property, the competent public service ethics committee may order the relevant person liable for registration, to submit the relevant material in the form of document or using electronic media, such as the information and communications network.
(4) Where the competent public service ethics committee determine not to grant permission for refusal under paragraph (2), to the lineal ascendant or descendant of a person who has his or 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 deadline for registration of property for a person liable for registration pursuant to Article 7 of the Act, on the day he or she determines not to grant permission. In such cases, the extended period shall be thirty days (twenty days for persons subject to disclosure of their property) and the deadline shall run from the date the person liable for registration is notified of the determination of the competent public service ethics committee.
(5) Any person permitted to refuse to publish his or 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 filing changes, every three years from the date he or she is permitted to do so.
(6) Upon receipt of an application for re-examination filed under paragraph (5), the competent public service ethics committee shall determine whether to grant permission to refuse to publish property and notify the relevant applicant of the determination not later than November 30 of the relevant year.
[This Article Wholly Amended on Feb. 3, 2009]
 Article 27-2 (Requirements for Permission to Refuse to Publish Registered Property)
(1) "Dependent" in the forepart 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 low incomes or their inability to earn any income, and who are financially supported by a person liable for registration.
(2) Every public service ethics committee shall take into account the following matters when it determines whether anyone is able to independently earn his or her living or not pursuant to paragraph (1):
1. In the case of a lineal ascendant: The age, whether he or she has a job or property, amount of the regular income generated from his or her job, business or property, etc.;
2. In the case of a lineal descendant: The age, whether he or she has a separate household on his or her resident registration card, whether he or she has a job, the period of holding a job, amount of the regular income generated from his or her job or business, etc.
(3) Every public service ethnics committee shall take into account the standard median income defined in subparagraph 11 of Article 2 of the National Basic Living Security Act, the number of family members, the residential area, the price level and other necessary matters when it determines the amount of the regular income referred to in the subparagraphs of paragraph (2). <Amended on Nov. 30, 2015>
[This Article Wholly Amended on Feb. 3, 2009]
 Article 27-3 (Scope of Public Officials Affiliated with Ministry of Economy and Finance and Financial Services Commission)
"Persons prescribed by Presidential Decree" in the main clause, with the exception of the subparagraphs, of Article 14-4 (1) of the Act means public officials belonging to the Senior Executive Service or public officials of at least Grade Ⅳ in rank (including public officials corresponding thereto) belonging to the bureaus (including headquarters, groups, departments and teams) controlling finance in the Ministry of Economy and Finance, such as financial policy, banking, stocks and insurance, and public officials belonging to the Senior Executive Service and public officials of at least Grade Ⅳ in rank (including public officials corresponding thereto) belonging to the Financial Services Commission.
[This Article Wholly Amended on Feb. 3, 2009]
 Article 27-4 (Lower Limit Value of Stocks Subject to Blind Trust)
"Amount prescribed by Presidential Decree" in the main clause, with the exception of the subparagraphs, of Article 14-4 (1) of the Act, and Article 14-5 (6) of the Act, and "amount prescribed by Presidential Decree" in paragraph (2) of the Addenda to the amended Public Service Ethics Act (Act No. 7493) mean 30 million won, respectively.
[This Article Wholly Amended on Feb. 3, 2009]
 Article 27-5 (Management Methods of Trust Property)
"Scope prescribed by Presidential Decree" in the proviso of 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 managed operated by the method that the trustor specifies the items of stocks).
[This Article Wholly Amended on Feb. 3, 2009]
 Article 27-6 (Operation of Examination Committee on Blind Trust of Stocks)
(1) The chairperson of the Examination Committee on Blind Trust of Stocks established under Article 14-5 of the Act (hereinafter referred to as the "Examination Committee"), shall represent the Examination Committee, and exercise general supervision over the affairs of the Examination Committee, such as convening and presiding over meetings of the Examination Committee.
(2) The Examination Committee shall have one vice-chairperson, elected among its members, and when the chairperson is unable to perform his or her duty due to any unavoidable cause, the vice-chairperson shall act on behalf of the chairperson.
(3) A majority of the members of the Examination Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present.
(4) Except as provided in paragraphs (1) through (3), Articles 19 (4) and (5), 19, 19-3, and 20 through 22 shall, respectively, apply mutatis mutandis to the operation of the Examination Committee. <Amended on Jun. 28, 2016>
[This Article Wholly Amended on Feb. 3, 2009]
[Moved from Article 27-7] <Jun. 22, 2021>
 Article 27-7 (Request for Review of Relevance to Duties)
(1) A person, etc. subject to disclosure of property who intends to request a review pursuant to Article 14-5 (6) of the Act shall submit a written request for review to the Examination Committee through the head of the registration agency, as prescribed by Ordinance of the Prime Minister.
(2) The head of a registration agency shall give guidance in advance so that the persons, etc. subject to disclosure of property under paragraph (1) may file a request for review within a period of request for review under Article 14-5 (6) of the Act.
[This Article Newly Inserted on Jun. 22, 2021]
[Previous Article 27-7 moved to Article 27-6 <Jun. 22, 2021>]
 Article 27-8 (Criteria for Determination of Relevance to Duties)
(1) In determining whether stocks are relevant to a person’s duties under Article 14-5 (8) of the Act, consideration shall be given to whether a person, etc. subject to disclosure of property referred to in Article 14-4 (1) of the Act, performs any of the following duties which enable the person to obtain substantial information on the management or property right of the enterprise which has issued stocks held by him or her or his or her interested parties or to exert influence thereon, or direct and supervise the relevant duties:
1. Duties relating to the drafting, execution, etc. of policies or statutes on related types of business;
2. Duties relating to various criminal investigations, audits, inspections and testing;
3. Duties relating to authorization, permission, licenses, patents, etc.;
4. Duties relating to investigations, assessment and collection of taxes;
5. Duties relating to legal direction and supervision;
6. Duties relating to compilation, deliberation and execution of the budget, or to contracts for works and goods;
7. Duties relating to the trial, ruling, etc. of the statutory cases;
8. Other duties recognized by the Examination Committee as having relevance to duties.
(2) The Examination Committee may determine the specific types or items of stocks, and give public announcement as having no relevance to duties.
[This Article Wholly Amended on Feb. 3, 2009]
 Article 27-9 (Reasons for Acquisition of Stocks)
"Reasons prescribed by Presidential Decree" in the main clause of Article 14-6 (2) of the Act, means the following:
1. Where stocks are acquired by a donation (including bequest), exercising a security right, receiving payment in substitute or by other means;
2. Where stocks are acquired by exercising a right to convertible bonds, bonds with warrants, or exchangeable bonds;
3. Where a member of an employee stock ownership association acquires stocks through such association;
4. Where stocks are acquired by exercising stock options;
5. Where stocks are acquired by exercising a right to perform securities option trading made before becoming a person, etc. subject to disclosure of property under Article 14-4 (1) of the Act;
6. Where stocks are acquired by exercising a preemptive right to stocks acquired under subparagraphs 1 through 4.
[This Article Wholly Amended on Feb. 3, 2009]
 Article 27-10 (Notification about Trust Property)
(1) Where all stocks initially placed in a trust have been disposed of, as prescribed in Article 14-8 (2) 1 of the Act, a trustee institution of stocks placed in the blind trust shall notify the competent public service ethics committee of such fact within one week from the date of disposal of such stocks. <Newly Inserted on Jun. 28, 2016>
(2) Pursuant to Article 14-8 (2) 2 of the Act, a trustee institution of stocks placed in a blind trust shall evaluate the trust property as at the last day of each quarter (referring to the preceding day, if the last day falls on a legal holiday or no service day of the trustee institution), and where the total value of the trust property falls below 30 million won, it shall notify the competent public service ethics committee of such fact within one month from the last day of each quarter: Provided, That in the case of the last quarter of each year, such fact may be reported together with a report on the status of a trust under Article 14-8 (1) of the Act. <Amended on Jun. 28, 2016>
[This Article Wholly Amended on Feb. 3, 2009]
[This Article Wholly Amended on Jun. 28, 2016]
 Article 27-11 (Scope of Duties in Conflicts of Interest)
Duties that may have influence on the management or property right of an enterprise that has issued stocks, as prescribed in Article 14-11 (1), with the exception of the subparagraphs, of the Act, mean the duties referred to in the subparagraphs of Article 27-8 (1) and the duties superintending and supervising such duties.
[This Article Newly Inserted on Jun. 28, 2016]
 Article 27-12 (Methods of Reporting and Disclosing Conclusion of Contracts for Blind Trusts)
(1) A person who intends to report on the sale of stocks or conclusion of a contract for placing stocks in a blind trust under Article 14-4 (1) or 14-6 (2) of the Act, shall submit a written report accompanied by evidentiary materials to the relevant registration agency.
(2) The head of the relevant registration agency, in receipt of a report on the sale of stocks or conclusion of a contract for placing stocks in a blind trust under Article 14-4 (1) or 14-6 (2) of the Act, shall disclose the details of the report to the public by publishing them in the official gazette or official report within one month from the date of receipt of the report pursuant to Article 14-14 (1) of the Act: Provided, That, if such report is submitted by a public official of the Ministry of Economy and Finance or the Financial Services Commission prescribed in Article 27-3, the Minister of Economy and Finance or the Financial Services Commission, in receipt of that report, shall, without delay, notify the Minister of Personnel Management of the sale of stocks or conclusion of a contract for placing stocks in a blind trust reported by the public official, and the Minister of Personnel Management shall disclose the details thereof to the public by publishing them in the official gazette or official report within one month from the date of receipt of such notification. <Amended on Mar. 23, 2013; Dec. 19, 2014; Jun. 28, 2016>
(3) Upon receipt of notification that all stocks initially placed in a trust have been disposed of, pursuant to Article 14-14 (2) of the Act, a competent public service ethics committee shall disclose such fact to the public by publishing it in the official gazette or official report within one month from the date of receipt of such notification. <Newly Inserted on Jun. 28, 2016>
[This Article Wholly Amended on Feb. 3, 2009]
[This Article Wholly Amended on Jun. 28, 2016]
[Moved from Article 27-6 <Jun. 28, 2016>]
 Article 27-13 (Restrictions on Stock Acquisition by Agency)
(1) Affairs likely to cause conflicts of interest with public interest and private interest, such as acquiring information about an enterprise, etc. and exercising influence under Article 14-15 (1) shall be duties in the subparagraphs of Article 27-8 (1) and the duties directing and supervising the relevant duties.
(2) The scheme of restrictions under Article 14-15 (2) of the Act shall include the following matters:
1. Departments in which the acquisition of stocks is restricted and the scope of restricted stocks;
2. Plans to verify whether the restricted stocks are acquired;
3. Measures to be taken for the public officials who have acquired the restricted stocks, such as change of position and disciplinary punishment.
[This Article Newly Inserted on Jun. 2, 2020]
 Article 27-14 (Restrictions on Acquisition of Real Estate by Institution)
(1) Real estate of which acquisition may be restricted under Article 14-16 (1) of the Act shall be real estate within the scope of the tasks and jurisdiction under the items of Article 3 (5) 11-2 (including directing and supervising such tasks).
(2) “If real estate is unavoidably acquired due to ... reasons prescribed by Presidential Decree” in the proviso of Article 14-16 (1) of the Act means the following cases:
1. Where real estate is acquired by gift (including bequest);
2. Where real estate is acquired by exercise of a security right, receipt of payment in substitutes, etc.;
3. Where the acquired real estate is essential for daily life such as working, attending school, or marriage and it is not recognized as using work-related information unfairly for personal gain.
(3) A report under the proviso of Article 14-16 (1) of the Act shall be filed within one month from the date the real estate is acquired (in cases of inheritance, it shall be the date on which the commencement of inheritance is known).
(4) The scheme of restrictions under Article 14-16 (2) of the Act shall include the following:
1. Departments subject to the restriction of acquisition of real estate and the scope of the real estate subject to the restriction;
2. Measures to verify whether the real estate subject to the restriction is acquired;
3. Reporting methods under the proviso of Article 14-16 (1) of the Act;
4. Measures such as change of position and disciplinary action to be imposed on public officials who have acquired real estate of which the acquisition is restricted;
(5) The head of a State agency, the head of a local government, or the head of a public service-related organization shall report the results of the operation of the scheme of restrictions under Article 14-16 (2) of the Act to the competent public service ethics committee every year.
[This Article Newly Inserted on Sep. 24, 2021]
 Article 28 (Value of Gift)
(1) A gift to be reported under Article 15 (1) of the Act, shall be one worth at least 100 US dollars at the market value in the donating country or in a country to which a foreign donator belongs, or at least 100 thousand won in Korea at the time of receipt of the gift. <Amended on Jun. 28, 2016>
(2) The head of an affiliated agency or organization referred to in the former part of Article 15 (1) of the Act, may organize and operate an evaluation team (hereinafter referred to as "gift evaluation team") to evaluate the value of a gift, market value of which is unascertainable. <Newly Inserted on Jun. 28, 2016>
(3) The composition and operation of the gift evaluation team, and other necessary matters, shall be determined by the Minister of Personnel Management. <Newly Inserted on Jun. 28, 2016>
[This Article Wholly Amended on Feb. 3, 2009]
 Article 29 (Management and Maintenance of Gifts)
(1) The head of an affiliated agency or a public service-related organization, in receipt of reports on gifts pursuant to Article 15 (1) of the Act, shall notify the head of a registration agency referred to in Article 5 (1) of the Act of the status of management of gifts quarterly, as prescribed by Ordinance of the Prime Minister, and transfer such gifts to the head of the registration agency within the following applicable period: Provided, That the head of a registration agency of the Government and the head of a public service-related organization under the supervision of a Government Ministry or Administration shall transfer such gifts to the Minister of Personnel Management (to the Minister of National Defense in the case of military personnel or civilian personnel in the military service): <Amended on Mar. 23, 2013; Dec. 19, 2014; Jun. 28, 2016>
1. In the case of gifts reported during the first-half-year period: Between July 1 and July 31 of the pertinent year;
2. In the case of gifts reported during the second-half-year period: Between January 1 and January 31 of the following year.
(2) The head of an agency that receives gifts transferred under paragraph (1), shall manage and maintain them, but those gifts which have any cultural or artistic merit and need to be preserved permanently shall be transferred to the competent permanent archives management institution (referring to the permanent archives management institution under subparagraph 5 of Article 3 of the Public Records Management Act), and gifts deemed to be more efficiently managed and maintained by other agencies shall be transferred to the heads of such agencies. <Amended on Jun. 2, 2020>
[This Article Wholly Amended on Feb. 3, 2009]
 Article 30 (Disposal of Gifts)
(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 on 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 on Feb. 3, 2009]
 Article 31 (Scope of Persons subject to Employment Screening)
(1) "Public officials and employees of public-service-related organizations prescribed by Presidential Decree" in the main clause, with the exception of the subparagraphs, with the exception of the subparagraphs, of Article 17 (1) of the Act means any of the following persons: <Amended on Jul. 14, 2020; Sep. 10, 2020; Sep. 24, 2021>
1. Public officials in research service prescribed in subparagraphs 1 (a) through (c), 2 (a) and (b), and 3 (a) of attached Table 2 of the Regulations on the Appointment, etc. of Public Officials Engaged in Research and Technical Advice Service, and public officials in technical advisory service prescribed in subparagraphs 1 (a) and (b), 2 (a), and (b), and 3 (a) of attached Table 2-2 of the same Regulations, who are officers in research service or technical advisory service equivalent to public officials of at least Grade IV or to public officials in general service of the Senior Executive Service;
2. Professional experience officials and local professional experience officials equivalent to public officials of Grade IV or higher in general service;
3. Chief specialist officials under Article 3 of the Regulations on the Personnel Management of Public Officials in Professional Service;
2. Senior school supervisors and educational research officials assigned to positions equivalent to public officials of Grade IV or higher or to public officials in general service of the Senior Executive Service;
3. Department chiefs or office chiefs of universities and colleges (including various schools equivalent to universities and colleges);
4. Public officials of Grades V through VII in general service (including equivalent professional experience officials) and equivalent public officials in extraordinary civil service at the Board of Audit and Inspection;
7. Public officials of Grades V through VII in general service (including equivalent professional experience officials) and equivalent public officials in extraordinary civil service at the Anti-Corruption Bureau established under Article 9 of the Decree on the Organization of Anti-Corruption and Civil Rights Commission and at the Inspection and Protection Bureau established under Article 9-2 of the same Decree;
8. Superintendents, senior inspectors, inspectors, and assistant inspectors among national police officials, and autonomous superintendents, autonomous senior inspectors, autonomous inspectors, and autonomous assistant inspectors among autonomous police officials;
9. Deputy fire chiefs, fire captains, fire Lieutenants, fire sergeants among fire officials;
10. Public officials of Grades V through VII in general service (including equivalent professional experience officials) and equivalent public officials in extraordinary civil service at the National Tax Service and the Korea Customs Service;
11. Public officials of Grades V through VII in public prosecution service and drug investigation service among the public officials of the Ministry of Justice, the Public Prosecutors’ Office, and the Corruption Investigation Office for High-Ranking Officials;
12. Public officials of Grade V in general service (including equivalent professional experience officials), equivalent public officials in extraordinary civil service, lieutenant colonels, and Grade III civilian employees in military service under the Act on the Management of Civilian Personnel in the Military Service, assigned to departments in charge of military installations, military contracts, and inspections, defense improvement, military courts, and military prosecution chambers, investigations (excluding investigations conducted under subparagraph 2 of Article 44 of the Military Court Act and criminal investigations conducted under the Military Secret Protection Act), and audits and inspections at 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 jurisdiction of the Ministry of National Defense) and the Defense Acquisition Program Administration (including agencies affiliated therewith);
13. Public officials of Grades V through VII in general service (including equivalent professional experience officials) and equivalent public officials in extraordinary civil service at the Korea Fair Trade Commission;
14. Public officials of Grades V through VII in general service (including equivalent professional experience officials and local professional experience officials), equivalent public officials in specific service or extraordinary civil service, and their senior supervisors, assigned to departments in charge of audits and inspections (in cases of central administrative agencies, it refers to the smallest unit of a subsidiary organization and a position equivalent thereto under the Government Organization Act, and in cases of local governments, it refers to the smallest unit of a subsidiary organization and a position equivalent thereto under ordinances or rules of the local governments; hereafter the same shall apply in this Article) among public officials of central administrative agencies (including institutions affiliated therewith; hereafter the same shall apply in this Article) or local governments: Provided, That if a central administrative agency or local government has no division in charge of audits and inspections, it refers to public officials of Grades V through VII in general service (including equivalent professional experience officials and local professional experience officials), equivalent public officials in specific service or extraordinary civil service, and their senior supervisors engaged in audits and inspections;
15. Public officials referred to in subparagraph 1 (a) of Article 2 of the Act on Liability of Accounting Personnel and revenue collectors, financial commissioners, and disbursement officers referred to in subparagraph 2 (a) of the same Article, and treasurers in charge of expenses from supplementary revenues, treasurers in charge of receiving and disbursing funds, and treasurers in charge of receiving and disbursing cash, other than revenues and expenditures, referred to in Article 44 (3) of the Local Accounting Act, and persons in charge of tasks allotted by such officers and their assistants, assigned to departments in charge of accounting duties, and public officials of Grades V through VII (including equivalent professional experience officials and local professional experience officials) in general service, equivalent public officials in specific service or extraordinary civil service, and their senior supervisors, among public officials of central administrative agencies or local governments: Provided, That excluded herefrom, are the following public officials:
(a) Public officials serving in the Army, the Navy, the Air Force, the Joint Chiefs of Staff, and military units or agencies under the direct jurisdiction of the Ministry of National Defense: Provided, That excluded herefrom, are public officials of Grade V in general service (including equivalent professional experience officials), assigned to departments in charge of military contracts and inspections, equivalent public officials in extraordinary civil service, and military personnel and civilian military employees;
(b) Public officials of post offices, mail centers, and logistics centers referred to in Article 27 of the Decree on the Organization of the Korea Post;
(c) Public officials of schools at all levels under the Early Childhood Education Act and the Elementary and Secondary Education Act;
16. Public officials of Grades V through VII in general service (including equivalent professional experience officials and local professional experience officials), equivalent public officials in specific service or extraordinary civil service and their senior supervisors, assigned to departments in charge of affairs for the public, among public officials of central administrative agencies or local governments: Provided, That public officials not directly performing the affairs for the public but conducting facility management, construction machine operation, vehicle driving and ship sailing, or affairs equivalent thereto, who are approved by the competent public service ethics committee, shall be excluded;
17. Public officials of Grades V through VII in general service (including equivalent professional experience officials) assigned to departments in charge of criminal investigation and equivalent public officials in extraordinary civil service, among public officials of the Ministry of Food and Drug Safety;
18. Public officials of local governments who are of Grades V through VII in general service (including equivalent local professional experience officials) assigned to departments in charge of imposition, collection, investigation, and examination of taxes, equivalent public officials in extraordinary civil service, and their senior supervisors;
19. Public officials in a fixed term position, assigned to the grades and positions eligible to be appointed as the public officials referred to in subparagraphs 1, 4, and 6 through 18 or equivalent grades and positions;
20. Employees of Grade II or higher of the Bank of Korea established under the Bank of Korea Act and the Deposit Insurance Corporation established under Article 3 of the Depositor Protection Act;
21. Employees of Grade IV or higher of the Financial Supervisory Service established under the Act on the Establishment of Financial Services Commission;
22. Persons appointed by the Minister of National Defense among employees of public service-related organizations under the supervision of the Ministry of National Defense or the Defense Acquisition Program Administration: Provided, That in case of the Agency for Defense Development established under the Act on the Agency for Defense Development and the Defense Agency for Technology and Quality established under Article 32 of the Defense Acquisition Program Act, employees of principal level or higher;
23. Employees of at least Grade II of public service-related organizations involved in nuclear power generation that are designated by the Minister of Trade, Industry and Energy;
24. Employees of at least Grade II of the Korea Trade Insurance Corporation established under Article 37 of the Trade Insurance Act;
25. Employees of at least Grade II of the Korea National Railway established under the Korean National Railway Act;
26. Employees of at least Grade II of the Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act.
(2) Notwithstanding paragraph (1), any of the following persons who is employed as service workers, skilled agricultural, forestry and fishery workers, craft and related trades workers, plant, machine operators and assemblers, or elementary workers according to the sector classification of the standard classification of occupations publicly notified by the Commissioner of the Statistics Korea pursuant to Article 22 of the Statistics Act shall be excluded from persons subject to employment screening pursuant to the main clause, with the exception of the subparagraphs, of Article 17 (1) of the Act (hereinafter referred to as “persons subject to employment screening”):
1. Public officials of Grades VI and VII in general service (including equivalent professional experience officials, local professional experience officials, and public officials in a fixed term position) and equivalent public officials in specific service or extraordinary civil service falling under paragraph (1) 6, 7, 10, 11, and 13 through 19;
2. National police officials of senior inspectors through assistant inspectors and autonomous police officials of autonomous senior inspectors through autonomous assistant inspectors falling under paragraph (1) 8;
3. Firefighting officials of fire captains through fire sergeants falling under paragraph (1) 9.
(3) The relevant departments under paragraph (1) 12, and 15 through 17 shall be determined by the head of the relevant registration agency (excluding the head of the relevant registration agency under Article 5 (3) of the Act).
[This Article Newly Inserted on Jun. 2, 2020]
 Article 32 (Scope of Relevance of Duties with Institutions subject to Employment Screening)
(1) The duties of a department or agency with which a person subject to employment screening has been affiliated, referred to in the proviso, with the exception of the subparagraphs, of Article 17 (1) of the Act, means the following duties. In such cases, the duties of a seconded official shall be based on the duties of a department or agency with which he or she has been affiliated in an agency or organization to which he or she has been seconded: <Amended on Mar. 30, 2015; Jun. 2, 2020>
1. Duties of a department with which he or she has been affiliated:
(a) In cases of a chief of a division (including a department corresponding thereto; hereinafter the same shall apply) and officials affiliated therewith: Duties of the relevant division;
(b) In cases of a person in a higher position than a chief of a division: Duties of a department that he or she directs or supervises a division according to the organizational structure, articles of incorporation, regulations or duties;
2. Duties of an agency with which he or she has been affiliated:
(a) Where he or she has been affiliated with the headquarters or main office of a central administrative agency, local government, or public service-related organization (hereinafter referred to as "central administrative agency, etc."). In such cases, where any of the following institutions exist, the duties of such institution shall be included:
(i) An affiliated institution in charge of duties under the orders of the head of a central administrative agency (referring to an institution established to assist with performing the duties under the jurisdiction of the head of a central administrative agency, or to allocate such duties to the institution, or if necessary for efficiently performing specified duties, etc., irrespective of names, such as an affiliated institution, institution under direct supervision, or branch office; hereafter the same shall apply in this subparagraph);
(ii) A responsible administrative agency established under the Act on the Establishment and Operation of Responsible Administrative Agencies;
(iii) An institution affiliated with a local government;
(iv) An institution affiliated with a public service-related organization;
(b) Where he or she has been affiliated with an institution affiliated with the headquarters or main office of a central administrative agency: Duties of the institution with which he or she has been affiliated: Provided, That if a person has been affiliated with an institution or agency referred to in (i) through (iv) of item (a), the relevance of duties shall be determined based on the duties of the relevant affiliated institution and the duties of a subsidiary institution.
(2) "Duties prescribed by Presidential Decree" in Article 17 (2) 8 of the Act means duties deemed to have a direct and substantial influence on the property rights of institutions referred to in the main clause, with the exception of the subparagraphs, paragraph (1) of the same Article (hereinafter referred to as "institutions subject to employment screening") depending on the method of performing such duties. <Amended on Oct. 28, 2011; Mar. 30, 2015; Jun. 2, 2020>
(3) “Public official or an employee of a public service-related organization in a specific field prescribed by Presidential Decree" referred to in Article 17 (3) 5 of the Act, means any of following persons: <Newly Inserted on Mar. 30, 2015; Sep. 5, 2017; Jun. 2, 2020; Sep. 24, 2021>
1. A public official in extraordinary civil service corresponding to a public official in general service of at least Grade II;
2. A researcher, instruction official, school inspector, or education researcher assigned to a position corresponding to the Senior Executive Service or a public official in general service or extraordinary civil service of at least Grade II;
3. A public official appointed on a fixed-term contract to a position to which a public official falling under subparagraph 2 is appointed;
4. A senior prosecutor at a High Prosecutors' Office, deputy chief prosecutor at a district prosecutors' office, or a prosecutor in a position of chief prosecutor in a branch of a district prosecutors' office in which a deputy chief prosecutor is assigned;
5. A general-level officer of at least the rank of major general;
6. A police officer in at least the grade of senior superintendent general;
7. A firefighting officer in at least the grade of fire deputy chief;
8. Employees falling under Article 31 (1) 20, 21, 23, or 26 who are of at least Grade I or employees equivalent thereto.
[This Article Wholly Amended on Feb. 3, 2009]
[Title Amended on Mar. 30, 2015; Jun. 2, 2020]
 Article 33 (Scale and Scope of Institutions subject to Employment Screening)
(1) The scale of institutions subject to employment screening is as follows: <Amended on Oct. 28, 2011; Jun. 25, 2014; Mar. 30, 2015; Jun. 2, 2020>
1. A for-profit private enterprise, the paid-in capital of which is at least one billion won and, the annual turnover of which (if sales are exempt from value-added tax, including revenues from such sales; hereinafter the same shall apply) is at least ten billion won;
2. Any of the following institutions subject to employment screening, the annual turnover of which is at least 10 billion won:
(a) A law firm, etc. referred to in Article 17 (1) 3 of the Act;
(b) An accounting firm referred to in Article 17 (1) 4 of the Act;
(c) A foreign legal consultant office and a joint venture law firm referred to in Article 17 (1) 6 of the Act;
3. A tax accounting firm referred to in Article 17 (1) 5 of the Act, the annual turnover of which is at least five billion won;
4. A foundation or corporation referred to in any of the items of Article 17 (1) 11 of the Act with an endowment of at least 10 billion won.
(2) A corporation or organization referred to in Article 17 (1) 2 of the Act (hereinafter referred to as "association") shall be limited to an association (including any association the relevant association has joined; hereafter in paragraphs (6) and (7) the same shall apply) in which employment-restricted private enterprises referred to in subparagraph 1 of the aforesaid paragraph join as members. <Amended on Jun. 25, 2019; Jun. 2, 2020>
(3) "Duties prescribed by Presidential Decree, such as supervision of safety, regulation on authorization and permission, and procurement duties" in Article 17 (1) 8 of the Act means: <Newly Inserted on Mar. 30, 2015>
1. Supervision of safety: Safety management, guidance and control that prevent and mitigate danger to the safety and health of the people;
2. Regulation on authorization and permission: Duties, such as granting authorization, permission, licenses, special permission, and approval prescribed by Acts and subordinate statutes (including inspections, examinations, evaluations, etc. related thereto, duties entrusted by the Government or local governments, or duties performed on behalf of the Government or local governments);
3. Procurement duties: Procurement duties prescribed by Acts and subordinate statutes (including quality inspections, quality management, etc. related thereto, duties entrusted by the Government or local governments, or duties performed on behalf of the Government or local governments).
(4) "Teacher prescribed by Presidential Decree" in the proviso of Article 17 (1) 9, means a professor, associate professor, assistant professor, and instructor referred to in Article 14 (2) of the Higher Education Act, or a school teacher who holds a concurrent post, an honorary professor, etc. referred to in Article 17 of the same Act: Provided, That excluded herefrom are teachers in the position of president, vice president, dean, dean of academic affairs, dean of student affairs, etc. <Newly Inserted on Mar. 30, 2015>
(5) "Private enterprises, corporations, or organizations which meet the standards prescribed by Presidential Decree” in the provision, with the exception of the items, of Article 17 (1) 12 of the Act means the following: <Newly Inserted on Jun. 2, 2020>
1. Any of the following private enterprises, corporations, or organizations in the field of the defense industry:
(a) A defense contractor designated under Article 35 of the Defense Acquisition Program Act;
(b) A munitions sales agent has reported a commission during the last three years pursuant to Article 57-4 of the Defense Acquisition Program Act, among munitions sales agents registered under Article 57-2 of the same Act;
2. Private enterprises, corporations, or organizations that conduct certification, inspection, testing, or assessment pursuant to statutes and regulations in relation to foods, etc. under the items of subparagraph 2 of Article 2 of the Framework Act on Food Safety, and foods, drugs, etc. under subparagraph 1 of Article 2 of the Act on the Promotion of Technology for Ensuring the Safety of Food and Drugs.
(6) The Minister of Personnel Management shall determine institutions subject to employment screening and publicly notify a list of such institutions in the Official Gazette by December 31 of each year (in cases of an association, referring to June 30): Provided, That the following agencies or organizations shall be deemed published as institutions subject to employment screening until the Minister of Personnel Management publishes a new list: <Amended on Mar. 30, 2015; Jul. 2, 2018; Jun. 25, 2019; Jun. 2, 2020>
1. An agency or organization that acquires an institution published as an institution subject to employment screening;
2. An agency or organization surviving a merger with an institution published as an institution subject to employment screening;
3. An agency or organization established after merging with an institution published as an institution subject to employment screening;
4. An association in which a private enterprise publicly notified as an institution subject to employment screening referred to in Article 17 (1) 1 of the Act joins as a member.
(7) The head of any of the following central administrative agencies, Special Metropolitan City Mayors, Metropolitan City Mayors, Special Self-Governing City Mayors, Do Governors and Special Self-Governing Province Governors (hereinafter referred to as "Mayor/Do Governor") or the superintendent of education of Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as “superintendent of education of City/Do") shall prepare a statement about institutions subject to employment screening in electronic form on the basis of the preceding taxable period or the closing date of the preceding business year of each institution subject to employment screening, as data for determining institutions subject to employment screening pursuant to paragraph (6), as follows; and shall notify the Minister of Personnel Management thereof by October 31 of each year (in cases of an association, referring to the end of February of each year): <Amended on Jun. 2, 2020>
1. The Commissioner of the National Tax Service: Institutions referred to in Article 17 (1) 1, and 3 through 6 of the Act;
2. The Administrator of the Public Procurement Service: Public service-related institutions performing procurement duties referred to in Article 17 (1) 8 of the Act;
3. The Minister of Education: Educational foundations and private schools referred to in Article 17 (1) 9 of the Act;
4. The Minister of Health and Welfare, the Minister of Gender Equality and Family, and a Mayor/Do Governor: General hospitals, foundations, or corporations referred to in Article 17 (1) 10 and 11 of the Act;
5. The Minister of Trade, Industry and Energy and the Minister of the Defense Acquisition Program Administration: Private enterprises, corporations or organizations falling under Article 17 (1) 12 (a) of the Act;
6. The head of a central administrative agency, a Mayor/Do Governor, or the superintendent of education of a City/Do: Associations for which the respective agency is the competent authority and private enterprises, corporations, or organizations falling under Article 17 (1) 12 (b) of the Act.
[This Article Wholly Amended on Feb. 3, 2009]
[Title Amended on Mar. 30, 2015; Jun. 2, 2020]
 Article 33-2 (Requests for Verifying whether Employment is Restricted)
Where a person subject to employment screening intends to request verification as to whether his or her employment is restricted pursuant to the main clause of Article 18 (1) of the Act, he or she shall submit a written request to verify whether his or her employment is restricted, to the head of the agency with which he or she was affiliated as at the time of his or her retirement (if such agency is abolished, referring to an agency that has succeeded to the duties thereof; hereinafter referred to as "head of an affiliated agency") by no later than 30 days before the commencement of his or her employment, as prescribed by Ordinance of the Prime Minister. <Amended on Mar. 23, 2013; Nov. 19, 2014; Mar. 30, 2015; Jun. 2, 2020>
[This Article Wholly Amended on Oct. 28, 2011]
 Article 33-3 (Verifications as to Whether Employment is Restricted)
(1) The head of an affiliated agency in receipt of a written request to verify 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 or her written opinion regarding the matters requested for verification, 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 or her written opinion after inspecting and verifying the following matters: Provided, That where the head of an affiliated agency is the head of a central administrative agency or local government, he or she shall transfer a written request for verification as to whether employment is restricted, to the competent public service ethics committee within five days from the date of receipt of the written request from a person subject to employment screening: <Amended on Mar. 29, 2011; Oct. 28, 2011; Mar. 30, 2015; Jun. 2, 2020>
1. Whether an institution for which a person subject to employment screening intends to work is an institution subject to employment screening;
2. Whether the duties of a department or agency, with which a person who has requested to verify whether his or her employment is restricted, has been affiliated within five years prior to his or her retirement, have close relevance as provided for in the proviso, with the exception of the subparagraphs, of Article 17 (1) of the Act to an institution subject to employment screening;
 Article 2 Deleted. <Oct. 2, 2018>
(2) The competent public service ethics committee shall examine a written request for verification as to whether employment is restricted (including a written request transferred under Article 33-4 (3)) transferred under paragraph (1) and notify the person who has submitted the written request, the head of his or her affiliated agency, the head of its affiliated central administrative agency, or local government, respectively as to whether the duties have close relevance under the proviso, with the exception of the subparagraphs, of Article 17 (1) of the Act. In such cases, if the said person's employment is restricted due to the close relevance, the competent public service ethics committee shall give notice of the ground for restricting his or her employment, and if the competent public service ethics committee approves his or her employment, it shall give notice that his or her employment is possible. <Amended on Mar. 29, 2011; Oct. 28, 2011; Mar. 30, 2015; Jun. 2, 2020>
[This Article Wholly Amended on Feb. 3, 2009]
 Article 33-4 (Prior Employment)
(1) When a person subject to employment review who has requested to confirm whether his or her employment is restricted pursuant to Article 33-2 falls under any of the following subparagraphs, he or she may apply for prior employment to the competent public service ethics committee, through the head of an affiliated agency: <Amended on Oct. 28, 2011>
1. When the head of the central administrative agency or local government with which he or she is affiliated fails to transfer a written request for confirming whether his or her employment is restricted to the competent public service ethics committee by not later than 20 days before the commencement of his or her employment;
2. When the first day of his or her employment is advanced;
3. When his or 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, without delay, 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 or she is affiliated shall transfer a written request for confirming whether his or her employment is restricted to the competent public service ethics committee. <Amended on Oct. 28, 2011>
[This Article Newly Inserted on Mar. 29, 2011]
 Article 34 (Approval for Employment)
(1) Each retired public official who intends to obtain approval for his or 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 no later than 30 days prior to the commencement of his or her employment, as prescribed by Ordinance of the Prime Minister. <Amended on Oct. 28, 2011; Mar. 23, 2013; Nov. 19, 2014>
(2) The head of an affiliated agency in receipt of an application for approval for employment filed under 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 or 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 or her written opinion (including the grounds in any case prescribed in the subparagraphs of paragraph (3)) after reviewing matters provided for in the subparagraphs of Article 33-3 (1): Provided, That if the head of an affiliated agency is the head of a central administrative agency or local government, he or she shall transfer an application for approval for employment, to the competent public service ethics committee within five days from the date of receipt of the application from a person subject to employment screening. <Amended on 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, considering the written opinion transferred under paragraph (2), the job performance of the applicant for approval for his or her employment prior to his or her retirement, and the possibility to exert influence after his or her employment, it may approve the applicant’s employment pursuant to the proviso of Article 17 (1) of the Act: <Amended on Nov. 23, 2009; Oct. 28, 2011; Mar. 30, 2015; Jun. 2, 2020>
1. Where the applicant’s employment is necessary for national security, bolstering national competitiveness, or enhancing public interests;
2. Where the applicant is dismissed contrary his or 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 it is necessary for improving the management of an institution subject to employment screening in which the State or a local government invests or reinvests;
4. Where it is deemed that the applicant who holds a qualification in a technical field recognized under the National Technical Qualifications Act (including any civil qualification holder officially recognized by the State under the Framework Act on Qualifications) may specifically contribute to developing the relevant industrial field and promoting science and technology;
5. Where the applicant is selected and appointed as a manager, executive officer, or employee of the relevant institution subject to employment screening by court ruling 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 skill under an employment contract, and is to be re-employed after retirement in the field wherein he or she had been formerly engaged;
7. If the applicant is affiliated with a division referred to in Article 32 (1) 1 (a), there shall be no close relevance between the duties he or she was personally in charge of and the institution subject to employment screening for which he or she intends to work, and there is little probability for him or her to exert influence after employment;
8. Where a retired public official whose duties are deemed to have close relevance under Article 17 (3) or (5) of the Act, is unlikely to exert influence after employment, in consideration of the nature, importance, and frequency of the duties performed in the institution in which he or she has been affiliated for five years before retirement and the nature of duties that he or she shall take charge of in an institution for which he or she intends to work;
9. Where a person subject to employment screening proves his or her professionalism in the field in which he or she seeks employment based on his or her expertise, licenses, work experience, research outcomes, etc., and he or she is unlikely to exert influence after employment.
(4) Notwithstanding paragraph (3), the competent public service ethics committee shall grant approval in any of the following cases, except in exceptional circumstances: <Newly Inserted on Oct. 28, 2011; Jan. 31, 2017>
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 after pre-consulting with the competent public service ethics committee, to secure human resources with expertise and specialty;
3. Where the competent public service ethics committee has proved in advance in consultation with the head of an affiliated agency that a person subject to employment screening, who has served as a public official in professional service for at least seven years, has professionalism under Article 3 (9) before he or she retires, and he or she is unlikely to exert influence after employment.
[This Article Wholly Amended on Feb. 3, 2009]
 Article 35 (Verification of Employment)
(1) Deleted. <Oct. 28, 2011>
(2) Where it is necessary for any of following verification or approval, the head of an affiliated agency, the head of a central administrative agency, the head of a local government, or a competent public service ethics committee may request the Commissioner of the National Tax Service, the National Health Insurance Service established under Article 13 of the National Health Insurance Act, the Korea Workers' Compensation and Welfare Service established under Article 10 of the Industrial Accident Compensation Insurance Act, and the head of a related agency or organization, to provide relevant information, and the head of an agency or organization in receipt of such request shall, without delay, provide such information, unless otherwise expressly provided for in any other Act or subordinate statute: <Amended on Oct. 28, 2011; Mar. 30, 2015>
1. Verification as to whether a retired public official is employed pursuant to Article 19-2 (1) of the Act;
2. Verification as to whether employment is restricted or approval for employment pursuant to Article 33-3 and 34 (2) and (3);
3. Approval to perform duties pursuant to Article 35-2;
4. Verification of duty statements pursuant to Article 35-3.
[This Article Wholly Amended on Feb. 3, 2009]
 Article 35-2 (Procedures for Granting Approval to Perform Duties)
(1) When a retired public official intends to obtain approval to perform duties pursuant to Article 18-2 (3) of the Act, he or she shall file an application for approval to perform duties, with the competent public service ethics committee through the head of his or her affiliated agency and the head of its affiliated central administrative agency or local government, as prescribed by Ordinance of the Prime Minister. <Amended on Mar. 23, 2013; Dec. 19, 2014>
(2) The head of an affiliated agency in receipt of an application for approval to perform duties, filed under paragraph (1), shall transfer the application to the head of its affiliated central administrative agency or local government, along with his or her written opinion on such application, and the head of its affiliated central administrative agency or local government shall transfer the application for approval to perform duties to a competent public service ethics committee, along with his or her written opinion after inspecting and verifying the following matters: Provided, That if the head of an affiliated agency is the head of a central administrative agency or local government, he or she shall transfer an application for approval to perform duties, directly to the competent public service ethics committee: <Amended on Mar. 30, 2015>
1. Whether an applicant for approval to perform duties is subject to employment screening based on the duties of an agency (hereinafter referred to as "person subject to employment screening based on the duties of an agency") under Article 17 (3) of the Act;
2. Whether the duties subject to approval falls into a category of duties provided for in Article 17 (2) of the Act, prohibited under Article 18-2 (1) or (2) of the Act;
3. Whether it is necessary for an applicant to perform the relevant duties for national security, public interests, etc., and performing such duties is deemed not to affect fair business practices.
(3) The competent public service ethics committee shall examine an application for approval to perform duties, filed under paragraph (1), and notify the relevant applicant, the head of his or her affiliated agency, and the head of its affiliated central administrative agency or local government, respectively, of approval or rejection of the application. In such cases, when the competent public service ethics committee rejects such application, it shall give notice of the grounds for such rejection to the relevant applicant.
[This Article Newly Inserted on Oct. 28, 2011]
 Article 35-3 (Submission of Duty Statements)
(1) Pursuant to Article 18-3 (1) of the Act, a retired public official subject to restriction on performing certain duties shall annually prepare a duty statement for the two years after his or her retirement and obtain verification of the duty statement from the head of the institution subject to employment screening in which he or she is employed, and submit it to the head of an agency with which he or she has been affiliated, within one month after one year from the date of his or her retirement. <Amended on Mar. 30, 2015; Jun. 2, 2020>
(2) A duty statement referred to in paragraph (1) shall contain the specific details of monthly business activities at an institution subject to employment screening in which a retired public official is employed, and the details of duties performed by the retired public official at the agency for which he or she has been working for the two years before his or her retirement until his or her retirement. In such cases, it shall contain the details of duties performed by a retired public official as approved by the competent public service ethics committee pursuant to Article 35-2, if any. <Amended on Mar. 30, 2015; Jun. 2, 2020>
(3) The head of an affiliated agency in receipt of a duty statement submitted under paragraph (1), shall transfer the statement to the head of its affiliated central administrative agency or local government, along with his or her written opinion on such statement, and the head of its affiliated central administrative agency or local government shall transfer the duty statement to the competent public service ethics committee, along with his or her written opinion after verifying whether a duty statement contains any of the duties prohibited under Article 18-2 (2) of the Act: Provided, That where the head of an affiliated agency is the head of a central administrative agency or local government, he or she shall transfer a duty statement, directly to the competent public service ethics committee.
(4) When it is necessary to verify the duties performed by a retired public official 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 duty statement shall be made public.
[This Article Newly Inserted on Oct. 28, 2011]
 Article 35-4 (Reporting on Solicitation or Request for Assistance)
(1) Each person who intends to report pursuant to Article 18-4 (2) and (3) of the Act, shall submit a written report containing personal information of a reporting person, a retired public official who makes solicitation or requests for assistance and an incumbent public official in receipt of solicitation or request for assistance, the date and time when, and place where, the retired public official makes solicitation or requests for assistance, and details of solicitation or request for assistance. In such cases, the head of an affiliated agency may allow a reporting person to report via information and communications network. <Amended on Jun. 2, 2020>
(2) The head of an affiliated agency in receipt of a report submitted under paragraph (1), may verify the following matters to define the reported matters: <Amended on Jun. 2, 2020>
1. Personal information of a reporting person;
2. Circumstance, purpose of and grounds for, reporting;
3. Whether reported matters involve solicitation or request for assistance under Article 18-4 (2) and (3) of the Act;
4. Whether there exists a witness or evidentiary material to substantiate reported matters.
(3) If it is clear from the result of verification 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.
(4) When determining whether a report filed pursuant to Article 18-4 (4) of the Act constitutes an improper solicitation or request for assistance, the head of an affiliated agency shall consider the following matters: <Newly Inserted on Jun. 2, 2020>
1. Whether a retired public official solicits incumbent public official to handle affairs in violation of statutes and regulations;
2. Whether a retired public official solicits incumbent public official to act beyond the limits of his or her position and authority, or to take any action for which he or she lacks legitimate authority;
3. Whether a retired public official solicits incumbent public official to divulge duty-related confidential information or to ignore any illegality;
4. Whether a retired public official solicits incumbent public official to undermine fair competition or to handle affairs against normal practices;
5. Whether a retired public official requests incumbent public official to assist acts under subparagraphs 1 through 4.
(5) Where a reporting person under Article 18-4 (2) of the Act deems it impracticable to secure the appropriateness of performing his or her duties due to such solicitation or request for assistance, he or she may request the head of an affiliated agency to take the following measures: <Newly Inserted on Jun. 2, 2020>
1. Provisional suspension from the duties;
2. Designation of a substitute for the duties;
3. Designation of a co-worker for the duties;
4. Other measures to secure the appropriateness of performing duties, such as changing position.
(6) The head of an affiliated agency, in receipt of a report under Article 18-4 (2) and (3) of the Act or a request for measures under paragraph (5), may take measures under the subparagraphs of the same paragraph on incumbent public officials in receipt of solicitation or request for assistance, if he or she deems that it is likely to impede the fair performance of his or her duties. <Newly Inserted on Jun. 2, 2020>
[This Article Newly Inserted on Oct. 28, 2011]
[Title Amended on Jun. 2, 2020]
 Article 35-5 (Requests for Submission of Data to Verify Whether Restrictions on Performing Duties Are Violated)
Pursuant to the former part of Article 19-2 (4) of the Act, a public service ethics committee may request the head of an institution or organization (excluding an institution subject to employment screening) by which the retired public official is employed, in writing, to submit any of the following data within the minimum extent necessary for verifying whether the restrictions on performing his or her duties is violated:
1. Duties of the retired public official;
2. Details of duties that the retired public official engaged in the institution with which he or she was affiliated before his or her retirement;
3. Other data verifying whether the retired public official violates restrictions on performing his or her duties.
[This Article Newly Inserted on Jun. 2, 2020]
[Previous Article 35-5 moved to Article 35-6 <Jun. 2, 2020>]
 Article 35-6 (Information Subject to Disclosure in Relation to Results of Verification as to Restriction on Employment, Examinations of Approval for Employment, Approval for Performing Duties, and Examinations of Duty Statements)
Information a public service ethics committee shall disclose pursuant to Article 19-3 (1) of the Act, is as follows: <Amended on Jun. 2, 2020>
1. Name of the affiliated institution and the post or grade at the time of retirement, and the time of retirement;
2. Results of verification as to the restriction on employment, examinations of approval for employment, approval for performing duties, and examinations of duty statements and the grounds for the determination on each subject to examination;
3. Name of the institution in which a person is expected to be employed or a person is employed, the post or grade, the date a person is expected to be employed or the date of employment;
4. Other matters determined by the public service ethics committee concerning the relevant examination.
[This Article Newly Inserted on Mar. 30, 2015]
[Moved from Article 35-5; previous Article 35-6 moved to Article 35-7 <Jun. 2, 2020>]
 Article 35-7 (Public Announcements of Employment History)
(1) Pursuant to Article 19-4 (1) of the Act, a public service ethics committee shall annually investigate whether persons subject to employment screening based on the duties of an agency are employed by an institution subject to employment screening as of December 31. In such case, the public service ethics committee may request the heads of institutions in which persons subject to employment screening based on the duties of an agency were affiliated as at the time of their retirement, the Commissioner of the National Tax Service, the National Health Insurance Service established under Article 13 of the National Health Insurance Act, the National Pension Service established under Article 24 of the National Pension Act, or the Korea Workers' Compensation and Welfare Service established under Article 10 of the Industrial Accident Compensation Insurance Act, to submit necessary data, etc. <Amended on Jun. 2, 2020>
(2) The following matters shall be included in the public announcement of employment history under Article 19-4 (1) of the Act: <Amended on Jun. 2, 2020>
1. Names of persons subject to employment screening based on the duties of an agency, dates of retirement, names of affiliated institutions as at the time of their retirement, posts, or ranks;
2. Names of institutions subject to employment screening in which persons subject to employment screening based on the duties of an agency are employed, dates of employment, and posts, or ranks.
(3) A report on employment of a person subject to employment screening based on the duties of an agency under Article 19-4 (2) of the Act, shall be filed in writing, including the matters referred to in the subparagraphs of paragraph (2). In such cases, a public service ethics committee may allow a person subject to employment screening based on the duties of an agency to file a report by electronic mail, fax, information and communications networks, etc.
[This Article Newly Inserted on Mar. 30, 2015]
[Moved from Article 76 <Jun. 9, 2020>]
 Article 36 (Preparation of Annual Reports)
(1) An annual report provided for in Article 20-2 of the Act shall include the following matters: <Amended on Oct. 28, 2011; Jun. 22, 2021>
1. Actual and operational status of the registration of property, sale or trust of stocks, reporting on gifts, restrictions on the employment of retired public officials, restrictions on activities, etc. during the preceding year;
2. Examination of matters concerning registration of property and measures taken for the results thereof during the preceding year, as well as the supervision thereof;
3. Matters concerning the disclosure of registration of property 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 registration of property, sale or trust of stocks, reporting on gifts, restrictions on the employment of retired public officials, restrictions on activities, etc. 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 of Article 8 shall apply mutatis mutandis to the submission. <Amended on Oct. 28, 2011; Jun. 22, 2021>
[This Article Wholly Amended on Feb. 3, 2009]
 Article 36-2 (Computerization of Public Service Ethics Affairs)
(1) The heads of public service ethics committees or registration agencies, the heads of agencies entrusted with the examination of registered matters under Article 8 (11) of the Act or the Examination Committee, may allow submission of the relevant information, etc. saved on a diskette or disk, or via the information and communications network, in any of the following cases: <Amended on Oct. 28, 2011; Jan. 7, 2014; Jun. 28, 2016; Sep. 24, 2021>
1. Where a person liable for registration files registration of his or her property or a report on changes, or provides information, etc.;
2. Where a person liable for registration of his or her property and his or her interested party submits a written consent under Article 6-5 (1) and (2) of the Act;
3. Where the head of a Government agency, local government, public service-related organization, other public institution or financial institution files a report or provides data under Article 8 (4), (5) and (12) of the Act;
4. Where a person, etc. subject to disclosure of property files a report on sale of stocks or conclusion of a contract for placing stocks in a blind trust pursuant to Article 14-4 (1) of the Act;
5. Where a person, etc. subject to disclosure of property request an examination as to whether stocks held by him or her are relevant to his or her duties pursuant to Article 14-5 (6) of the Act;
6. Where a person, etc. subject to disclosure of property, a relevant institution, organization, or enterprise submits data pursuant to Article 14-5 (9) and (10) of the Act;
7. Where matters regarding real estate acquisition are reported pursuant to the proviso of Article 14-16 (1) of the Act.
(2) The head of an affiliated agency, public service-related organization, central administrative agency, local government, or competent public service ethics committee may allow the head of a relevant institution or organization to submit information, etc. pursuant to Article 35 (2) saved on a diskette or disk, or via the information and communications network.
(3) Any public service ethics committee may submit a written consent of a person liable for registration or his or her interested party to the head of any financial institution pursuant to Article 6-5 (1) and (2) of the Act, saving it on a diskette or disk, or via the information and communications network. <Amended on Jun. 28, 2016>
(4) When a retired public official intends to submit the following information, the head of his or her affiliated agency may allow him or her to submit it via the information and communications network or in electronic form: <Newly Inserted on Oct. 28, 2011>
1. A written request to verify whether employment is restricted under Article 33-2, an application for prior employment under Article 33-4, and an application for approval for employment referred to in Article 34 (1);
2. An application for approval to perform duties referred to in Article 35-2 (1);
3. A duty statement referred to in Article 35-3 (1).
[This Article Wholly Amended on Feb. 3, 2009]
 Article 36-3 (Retention of Materials concerning Property Registration and Examination)
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 or her property, reporting on changed matters or examination of registered matters pursuant to Articles 5, 6, 8, 10 and 11 of the Act, for 10 years from the date the person liable for registration retires.
[This Article Newly Inserted on Oct. 28, 2011]
 Article 36-4 (Processing of Personally Identifiable Information)
Where it is essential perform any of following duties, a public service ethics committee, the head of a registration agency, or the head of an agency entrusted with the examination of registered matters under Article 8 (11) of the Act, may process data containing resident registration numbers or alien registration numbers referred to in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Amended on Mar. 30, 2015>
1. Registration of property, reporting on changed matters, etc. pursuant to Articles 5, 6, 10 and 11 of the Act;
2. Examinations of registered property, etc. pursuant to Article 8 of the Act;
3. Verification as to whether a retired public official is employed, etc. pursuant to Article 19-2 of the Act.
[This Article Newly Inserted on Oct. 28, 2011]
 Article 37 (Methods of Entering Confidential Information)
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 on Feb. 3, 2009]
 Article 37-2 (Regulatory review)
The Minister of Personnel Management shall review the feasibility of the scope of persons subject to the employment screening under Article 31 every five years from January 1, 2022 as of the base date (meaning until the day before the same date as the base date in every fifth year) and take measures such as making improvements.
[This Article Newly Inserted on Sep. 24, 2021]
 Article 38 (Enforcement Rule)
Matters necessary for enforcing this Decree shall be prescribed by Ordinance of the Prime Minister. <Amended on Dec. 7, 1999; Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014>
ADDENDA <Presidential Decree No. 13927, Jul. 12, 1993>
(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) 9-2and 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 to Employment Approval) The amended provisions of Article 34 shall apply, starting from the first application for employment approval to be filed after January 1, 2006.
(3) (Transitional Measures concerning Requests for Confirming whether Employment is Restricted) Where persons subject to employment restriction under 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 former 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.
ADDENDA <Presidential Decree No. 24852, Nov. 20, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 12, 2013.
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 25066, Jan. 7, 2014>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 3 (4) (excluding subparagraph 1-2) and (5) shall enter into force on July 1, 2014.
ADDENDA <Presidential Decree No. 25375, Jun. 11, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25398, Jun. 25, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Size and Scope of Private Enterprises, etc. in which Employment is Restricted)
The amended provisions of Article 33 (1) and (2) shall begin to apply to a person who intends to be employed after this Decree enters into force.
Article 3 (Exceptions to Public Notification of Private Enterprises, etc.)
(1) Notwithstanding Article 33 (3), private enterprises, etc., in which employment is restricted pursuant to the amended provisions of paragraph Article 33 (1) after this Decree enters into force, shall be publicly notified on the official gazette on the date this Decree enters into force.
(2) Public notification under paragraph (1) shall apply from the date this Decree enters into force until December 31, 2014.
Article 4 (Transitional Measures concerning Reporting to Competent Public Ethics Committee following Employment of Person subject to Employment Screening in Association)
Where a person subject to employment screening has been employed by any association referred to in the subparagraphs of the former Article 33 (2) before this Decree enters into force, the former provisions shall apply to reporting to the association by the head of a central administrative agency, local government or public service-related organization with which the person subject to employment screening was affiliated, notwithstanding the amended provisions of Article 33 (5).
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25781, Nov. 28, 2014>
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. 26179, Mar. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 31, 2015.
Article 2 (Applicability to Filing Period of Applications for Permission to Refuse to Publish Registered Property)
The amended provisions of Article 27 (1) 4 shall begin to apply from the period for registration of property extended under Article 7 of the Act after this Decree enters into force.
Article 3 (Transitional Measures concerning Teachers Excluded from Restriction on Employment of Retired Public Officials)
"Professor, associate professor, assistant professor, and instructor referred to in Article 14 (2) of the Higher Education Act, or a school teacher who holds a concurrent post, an honorary professor, etc. referred to in Article 17 of the same Ac" referred to in the amended provisions of Article 33 (4) shall be construed as “professor, associate professor, or assistant professor referred to in Article 14 (2) of the Higher Education Act, or a school teacher who holds a concurrent post, an honorary professor, a part-time instructor, etc. referred to in Article 17 of the same Act" until December 31, 2015.
ADDENDA <Presidential Decree No. 26683, Nov. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2016.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 27293, Jun. 28, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 30, 2016: Provided, That the amended Article 3 (4) 18 and 19 shall enter into force on October 1, 2016.
Article 2 (Applicability to Submission, etc. of Written Consent to Provision of Information on Financial Transactions and Real Estate)
The amended Article 5-5 (1) 1 shall begin to apply from the submission of a written consent to the provision of information on financial transactions and real estate because the obligation to file registration or a report arises after this Decree enters into force.
Article 3 (Transitional Measures concerning Filing Applications, etc. for Permission to Refuse to Publish Registered Property)
Former provisions shall apply to filing an application for permission to refuse to publish registered property with respect to the obligation to file registration or a report that has arisen before this Decree enters into force, notwithstanding the amended subparagraphs of Article 27 (1).
Article 4 (Transitional Measures concerning Transfer of Gifts)
Former provisions shall apply to the transfer of gifts reported before this Decree enters into force, notwithstanding the amended main sentence of Article 29 (1) and the amended Article 29 (1) 1 and 2.
ADDENDA <Presidential Decree No. 27621, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 30, 2016.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27787, Jan. 10, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force one month after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 27824, Jan. 31, 2017>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 34 (4) 3 shall enter into force on March 1, 2017.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That amendments to the Presidential Decrees which were promulgated before this Decree enters into force but the enforcement dates of which have not arrived yet, among the Presidential Decrees amended by Article 8 of the Addenda, shall enter into force on the enforcement date of the respective Decree.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 28266, Sep. 5, 2017>
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. 28475, Dec. 19, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 21, 2017.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 29013, Jul. 2, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Associations Which Are Employment-Restricted Institutions)
The amended provisions of Article 33-3 (1) shall apply, beginning where a retired public official submits a written request to verify as to whether employment is restricted or an application for approval for employment, after associations which are employment-restricted institutions are determined and published in the Official Gazette pursuant to the amended provisions of Article 33 (2), (5), and (6).
ADDENDA <Presidential Decree No. 29063, Jul. 24, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 29931, Jun. 25, 2019>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 30515, Mar. 10, 2020>
This Decree shall enter into force on April 1, 2020. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 30753, Jun. 2, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 4, 2020. Provided, That the amended provisions of Article 3 (4) 9-3, the proviso of subparagraph 16 of the same paragraph, Article 31 (1) 13, and the proviso of subparagraph 22 of the same paragraph shall enter into force on July 5, 2020, and Article 4 (1) of the Addenda shall enter into force on July 1, 20.
Article 2 (Applicability to Restrictions on Employment of Retired Public Officials)
The amended provisions of Article 31 (1) 13 and the proviso of subparagraph 22 of the same paragraph shall apply, beginning with persons subject to employment screening who retire after the enforcement date under the proviso of Article 1 of the Addenda.
Article 3 (Special Cases concerning Public Notification of Institutions subject to Employment Screening)
(1) Notwithstanding the amended provisions of Article 33 (6), private enterprises, corporations or organizations in which employment is restricted pursuant to the amended provisions of paragraph (5) of the same Article shall be publicly notified on the Official Gazette on the date this Decree enters into force.
(2) Public notification under paragraph (1) shall apply from the date this Decree enters into force until December 31, 2020.
Article 4 Omitted.
ADDENDUM <Presidential Decree No. 30833, Jul. 14, 2020>
This Decree shall enter into force on July 15, 2020.
ADDENDA <Presidential Decree No. 30895, Aug. 4, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 5, 2020.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 31012, Sep. 10, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 10, 2020.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 31349, Dec. 31, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2021.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 31822, Jun. 22, 2021>
This Decree shall enter into force on June 23, 2021.
ADDENDA <Presidential Decree No. 32012, Sep. 24, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 2, 2021.
Article 2 (Special Cases concerning Publication of Public Service-Related Organizations with Real Estate-Related Departments)
(1) Notwithstanding the amended provisions of Article 3 (6), the Minister of Personnel Management shall, on the enforcement date of this Decree, publish in the Official Gazette the public-service-related organizations with a real estate-related department where its employees, etc. are obliged to register their property under the amended provisions of Article 3 (5) 20.
(2) The publication under paragraph (1) shall apply from the enforcement date of this Decree until December 31, 2022.
Article 3 (Applicability to the Description of the Real Estate Formation Process)
The amended provisions of Article 4 (7) shall begin to apply to the case where property is registered under Article 5 of the Act or where changes are reported under Article 6 of the Act as the obligation of property registration arises after this Decree enters into force.
Article 4 (Applicability to Restrictions on Employment of Retired Public Officials)
The amended provisions of Article 31 (1) 26 and 32 (3) 8 shall begin to apply to the persons subject to the employment screening who retire after the enforcement date of this Decree.
Article 5 Omitted.