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ENFORCEMENT DECREE OF THE ACT ON THE PREVENTION OF CONFLICT OF INTEREST RELATED TO DUTIES OF PUBLIC SERVANTS

Presidential Decree No. 32308, Dec. 31, 2021

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Act on the Prevention of Conflict of Interest Related to Duties of Public Servants and those necessary to enforce said Act.
 Article 2 (Scope of High-Ranking Public Servants)
(1) "Foreign service officials prescribed by Presidential Decree" in subparagraph 3 (d) of Article 2 of the Act on the Prevention of Conflict of Interest Related to Duties of Public Servants (hereinafter referred to as the "Act") means the following:
1. A foreign service official whose class of duties is Grade A among foreign service officials who are members of the Senior Executive Service;
2. A foreign service official in a position whose class of duties is Grade XII or higher as specified in Article 51 of the Public Officials Remuneration Regulations.
(2) "Public officials of the Government and executive officers of public service-related organizations who are prescribed by Presidential Decree" in subparagraph 3 (m) of Article 2 of the Act means the public officials prescribed in the subparagraphs of Article 24 (3) of the Enforcement Decree of the Public Service Ethics Act and the executive officers specified in the subparagraphs of Article 24 (4) of the same Enforcement Decree.
 Article 3 (Scope of Persons Related with Private Interests)
(1) "Corporations or organizations of which ... own stocks, shares, capital, etc. at a percentage equal to or higher than that prescribed by Presidential Decree" in subparagraph 6 (f) of Article 2 of the Act means the following:
1. A corporation or an organization at least 30/100 of the total number of issued stocks of which are solely or jointly owned by a public servant himself or herself or family members thereof (referring to the family members under Article 779 of the Civil Act; hereinafter the same shall apply);
2. A corporation or an organization at least 30/100 of the total number of equity interests of which are solely or jointly owned by a public servant himself or herself or family members thereof;
3. A corporation or an organization at least 50/100 of the total capital of which are solely or jointly owned by a public servant himself or herself or family members thereof.
(2) "Department within the scope prescribed by ... Presidential Decree" in subparagraph 6 (g) of Article 2 of the Act means any Office, Bureau, or Division (including any department equivalent thereto) that was directed and supervised by a retired public servant under statutes or regulations (including ordinances and rules; hereinafter the same shall apply) and standards (including regulations, bylaws, standards, etc. of the public institutions prescribed in subparagraph 1 (d) through (f) of Article 2 of the Act; hereinafter the same shall apply).
(3) "Persons ... prescribed by ... Presidential Decree" in subparagraph 6 (h) of Article 2 of the Act means the following:
1. A superior who directs and supervises public servants under statutes, regulations, and standards;
2. The other party to a transaction (excluding where the other party is a relative under Article 777 of the Civil Act) performed by a public servant engaging in any of the following acts (excluding any act of borrowing money from the financial companies, etc. under the Act on Real Name Financial Transactions and Confidentiality, the credit service providers or loan brokers under the Act on Registration of Credit Business and Protection of Finance Users, or other financial companies under general terms and conditions):
(a) Borrowing or lending money exceeding one million won at one time recently within the last two years;
(b) Borrowing or lending money exceeding three million won in each fiscal year recently within the last two years;
3. Other persons that the head of a public institution deems to have an impact on the fair performance of duties in light of the characteristics of its duties, as prescribed by administrative rules, such as directives, or standards.
 Article 4 (Duties Subject to Reporting on Persons Related with Private Interests and Applications for Recusal)
"Duties prescribed by ... Presidential Decree" in Article 5 (1) 16 of the Act means the following:
1. Construction supervision under the Certified Architects Act;
2. Supervision under the Construction Technology Promotion Act;
4. Duties relating to the execution of punishment, and guidance, treatment, and safe custody of inmates under the Administration and Treatment of Correctional Institution Inmates Act;
5. Duties relating to commissioning members of various councils, commissions, or committees established pursuant to the Act on the Establishment and Management of Councils, Commissions and Committees under Administrative Agencies, or any other statute or regulation.
 Article 5 (Procedures for Reporting on Persons Related with Private Interests and Applying for Recusal and Challenges)
(1) A public servant who intends to file a report and apply for recusal under Article 5 (1) of the Act shall submit a document stating the following (including electronic documents; hereinafter the same shall apply) to the head of the affiliated institution:
1. Personal details of the public servant, including his or her name, affiliation, position and class, and duties;
2. Personal details of a person related to duties (including the agent of such person; hereafter in this Article, the same shall apply), including his or her name, affiliation, and contact information);
3. Relations between the public servant and a person related to duties;
4. Other materials necessary to determine whether any private interests exist (applicable only where materials exist).
(2) A person who intends to apply for a challenge pursuant to Article 5 (2) of the Act shall submit a document stating the following to the head of the institution with which the relevant public servant is affiliated:
1. Personal details of the applicant, including his or her name, address, and contact information;
2. Personal details of the public servant subject to the challenge, such as his or her name, affiliation, and position and class;
3. Reasons for applying for the challenge;
4. Other materials necessary to determine whether any private interests exist (applicable only where materials exist).
 Article 6 (Scope of Public Institutions Directly Handling Real Estate)
"Public institution ... prescribed by Presidential Decree" in Article 6 (1), with the exception of the subparagraphs, of the Act means the following:
1. The Korea Land and Housing Corporation established under the Korea Land and Housing Corporation Act;
2. Saemangeum Development Corporation established under Article 36-2 of the Special Act on Promotion and Support for Saemangeum Project;
3. Institutions publicly notified by the Anti-Corruption and Civil Rights Commission, which are local government-invested public corporations or local public agencies conducting any business prescribed in Article 2 (1) 7 or 8 of the Local Public Enterprises Act.
 Article 7 (Scope of Duties Related to Real Estate Development)
"Duties related to real estate development prescribed by Presidential Decree, such as housing site development and district designation" in Article 6 (2) of the Act means the duties prescribed in the attached Table.
 Article 8 (Duties of Public Institution to Be Designated)
(1) The head of a public institution under Article 6 (1) and (2) of the Act shall specifically designate duties that it performs as a project proposer, a designating authority, an approval authority, a project implementer, etc., among its duties related to handling and developing real estate as prescribed in Article 6 (1) and (2) of the Act.
(2) Where a project that involves duties designated under paragraph (1) is made public in accordance with procedures, such as a public announcement to or public inspection by residents and district designation, the head of a public institution under Article 6 (1) and (2) of the Act shall notify its public servants of the relevant information on a quarterly basis.
 Article 9 (Reporting on Possession or Purchase of Real Estate in Connection with Duties of Public Institutions)
(1) A public servant who intends to file a report on possession or purchase of real estate under Article 6 (1) and (2) of the Act shall submit a document stating the following to the head of the affiliated institution:
1. Personal details of the reporting person, including his or her name, affiliation, position and class, and duties;
2. Personal details of a person who possesses or purchases real estate, such as his or her name, address, and relations with the reporting person;
3. Real estate-related duties of the affiliated public institution;
4. Location, lot number, land category, and area of the real estate possessed or purchased.
(2) Upon receipt of a report filed under paragraph (1), the head of an affiliated institution shall verify the relevant building registration certificate and land registration certificate through administrative data matching under Article 36 (1) of the Electronic Government Act.
(3) Where a public servant files a report on possession or purchase of real estate under paragraph (1) but such real estate becomes subject to reporting in relation to other real estate-related duties of the relevant public institution, he or she shall be deemed to have filed a report also with respect to such other duties.
 Article 10 (Measures regarding Reporting on Persons Related with Private Interests)
(1) A measure prescribed in Article 7 (1) or (2) of the Act shall be taken within seven days from the date of receipt of a report or an application for recusal under Article 5 (1) of the Act, an application for a challenge under Article 5 (2) of the Act, or a report on possession or purchase of real estate under Article 6 of the Act.
(2) The head of an affiliated institution may order the relevant public servant to temporarily suspend the performance of his or her duties until taking a measure pursuant to paragraph (1).
(3) Where a public servant voluntarily files an application even though a person related to duties (including the agent of such person) is not a person related with private interests, deeming that the fair performance of his or her duties is likely to be compromised, the head of an affiliated institution may, upon such application, take a measure prescribed in the subparagraphs of Article 7 (1) of the Act.
(4) Articles 19 (excluding subparagraph 1), 20 (excluding paragraph (1) 4 and (2)), and 21 through 24 shall apply mutatis mutandis with regard to procedures, methods, etc. for filing a report under Article 7 (4) of the Act.
(5) Upon receipt of an accusation under Article 7 (4) of the Act, an investigative agency shall notify the relevant public institution of the results of an investigation within 10 days from the date when the investigation is completed.
 Article 11 (Submission of Details of High-Ranking Public Servants’ Activities in Private Sector)
(1) A high-ranking public servant who intends to submit the details of his or her activities in the private sector pursuant to Article 8 (1) of the Act shall submit a document stating the following to the head of the affiliated institution (referring to the conflicts of interest prevention officer, where a person required to submit the details of his or her activities in the private sector is the head of the affiliated institution; hereafter in paragraph (2), the same shall apply):
1. Where he or she has served for a corporation, an organization, etc.: The name and location of the corporation, organization, etc., the period of service, position and class, duties;
2. Where he or she has acted as an agent, provided consulting or advisory services, or conducted other activities: The name and location of the institution, the period of activities, and duties;
3. Where he or she has managed and operated business, etc.: The name and location of the business entity, the period of service, position and class, and duties.
(2) Where the head of an affiliated institution deems that the details of activities submitted pursuant to paragraph (1) are not specific or are required to be supplemented, he or she may request the relevant high-ranking public servant to supplement such details.
(3) Upon receipt of a request under paragraph (2), a high-ranking public servant shall supplement the details of his or her activities within seven days from the date of receipt of such request unless there is a compelling reason not to do so.
 Article 12 (Reporting on Transactions with Persons Related to Duties)
(1) "A corporation or an organization ... owns stocks, shares, etc. in a percentage equal to or higher than that prescribed by Presidential Decree" in Article 9 (1), with the exception of the subparagraphs, of the Act means the following:
1. A corporation or an organization at least 30/100 of the total number of issued stocks of which are solely or jointly owned by a public servant himself or herself, or his or her spouse, lineal ascendant, or lineal descendant (including a lineal ascendant or descendant of the public servant’s spouse who lives together with the public servant; hereafter in this Article, the same shall apply);
2. A corporation or an organization at least 30/100 of the total number of equity interests of which are solely or jointly owned by a public servant himself or herself, or his or her spouse, lineal ascendant, or lineal descendant;
3. A corporation or an organization at least 50/100 of the total capital of which are solely or jointly owned by a public servant himself or herself, or his or her spouse, lineal ascendant, or lineal descendant.
(2) A public servant who intends to file a report on a transaction with a person related to duties (excluding where such person is a relative under Article 777 of the Civil Act; hereafter in this Article, the same shall apply) under Article 9 (1) and (2) of the Act shall submit a document stating the following to the head of the affiliated institution:
1. Personal details of the person related to duties, including his or her name, affiliation, and contact information;
2. Personal details of a person who conducts the transaction with the person related to duties, including his or her name (in the case of a corporation or an organization, its name and the name of its representative), affiliation, contact information, and relations with the public servant;
3. Date of the transaction;
4. Details of the transaction;
5. Other materials evidencing the transaction with the person related to duties (applicable only where evidentiary materials exist).
(3) Article 10 (1) and (2) shall apply mutatis mutandis to procedures and methods for taking measures pursuant to Article 9 (3) of the Act.
 Article 13 (Restrictions on Employment of Family Members)
The head of a public institution (including an affiliated public institution that receives a contribution, subsidy, etc. from a public institution or is entrusted with duties by a public institution pursuant to statutes or regulations and a subsidiary company under Article 342-2 of the Commercial Act; hereafter in Article 14 (2), the same shall apply) shall verify whether a person to be employed is a family member of a public servant falling under the subparagraphs of Article 11 (1) of the Act.
 Article 14 (Restrictions on Conclusion of Negotiated Contracts)
(1) "Where there is any unavoidable reason prescribed by Presidential Decree, such as that only one person produces the relevant goods” in the proviso, with the exception of the subparagraphs, of Article 12 (1) of the Act means any case falling under Article 26 (1) 2 of the Enforcement Decree of the Act on Contracts to Which the State Is a Party or Article 25 (1) 4 of the Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party.
(2) The head of a public institution shall verify whether the other party to a negotiated contract prescribed in Article 12 (1) of the Act falls under any of the subparagraphs of the same paragraph.
 Article 15 (Reporting on Personal Contact with Retirees)
A public servant who intends to file a report under the main clause of Article 15 (1) of the Act shall submit a document stating the following to the head of the affiliated institution before having personal contact: Provided, That where there is any unavoidable reason, such document shall be submitted within 14 days from the date of having personal contact:
1. Personal details of the reporting person, including his or her name, affiliation, position and class, and duties;
2. Personal details of a retiree, including his or her name and contact information, and the institution with which he or she is or was affiliated;
3. Date, time, and type of, and reasons for, the contact;
4. Other references.
 Article 16 (Recording and Management of Reports)
Where there is no unavoidable reason that makes it impossible to electronically process matters regarding reports, recusal, challenges, measures, checks, notification, accusations, details of activities, etc. under Articles 5 through 9 and 15 of the Act, the head of an affiliated institution shall record and manage such matters in a manner that allows them to be electronically processed, such as by using electronic media or microfilms.
 Article 17 (Establishment and Operation of Information System)
(1) The Anti-Corruption and Civil Rights Commission may establish and operate an information system to efficiently perform the affairs prescribed in the subparagraphs of Article 17 of the Act.
(2) The Anti-Corruption and Civil Rights Commission may request the head of a public institution to enter data necessary to perform the affairs prescribed in the subparagraphs of Article 17 of the Act into the information system established under paragraph (1).
 Article 18 (Fact-Finding Surveys)
Where necessary to conduct a fact-finding survey under subparagraph 4 of Article 17 of the Act, the Anti-Corruption and Civil Rights Commission may request the head of the relevant public institution to submit related materials.
 Article 19 (Reporting on Violations)
Any person who intends to file a report on a violation of the Act that has occurred or is occurring pursuant to Article 18 (1) of the Act shall submit a document stating the following to the public institution where such violation occurs, a supervisory agency, the Board of Audit and Inspection, or an investigative agency (hereinafter referred to as “inspection agency”) or the Anti-Corruption and Civil Rights Commission:
1. The following personal details of the reporting person (in the case of a corporation or an organization, referring to its representative):
(a) Name, resident registration number, address, occupation, and contact information;
(b) Other personal details verifying the reporting person;
2. The following personal details of the violator of the Act:
(a) Where the violator is an individual: Personal details verifying the violator of the Act, such as his or her name, contact information, and occupation;
(b) Where the violator is the representative of a corporation or an organization: Matters specified in (a), and its name and location;
(c) Where the violator is an agent or employee of, or any other person employed by, a corporation, an organization, or an individual: Matters specified in (a), the name and location thereof, and the name of the representative;
3. Details of and reasons for filing the report;
4. Date, time, place, and details of the violation of the Act;
5. Materials evidencing the details of the violation of the Act (applicable only where evidentiary materials are obtained).
 Article 20 (Verification of Reporting on Violations)
(1) An agency or institution upon receipt of a report filed under Article 18 (1) of the Act may verify the following:
1. Matters necessary to specify the details of the report, such as those prescribed in the subparagraphs of Article 19;
2. Whether witnesses, evidentiary materials, etc. are obtained to substantiate the details of the report;
3. Whether the details of the report are the same as those submitted to other agencies or institutions;
4. Whether a reporting person consents to disclosure or implication of his or her identity (hereinafter referred to as “disclosure of identity”) in the course of processing the report.
(2) Where an agency or institution upon receipt of a report filed under Article 18 (1) of the Act verifies whether a reporting person consents to disclosure of his or her identity under paragraph (1) 4, it shall explain to him or her the procedures for the processing of the report and disclosure of identity.
(3) Where a report filed under Article 18 (1) of the Act fails to include matters necessary to specify its details under paragraph (1) 1, an agency or institution upon receipt of such report may require the relevant reporting person to supplement such matters prescribing a reasonable period.
 Article 21 (Processing of Reports on Violations by Inspection Agencies)
(1) Upon receipt of a report filed under Article 18 (1) of the Act, an inspection agency shall notify a reporting person in writing of the results of an inspection, audit and inspection, or investigation (hereinafter referred to as "inspection, etc.") pursuant to Article 19 (4) of the Act.
(2) The results of an inspection, etc. shall include the following:
1. Outcomes of processing reported matters and reasons for such processing;
2. Matters that a reporting person needs to know in relation to reported matters.
(3) Upon receipt of a report filed under Article 18 (1) of the Act, an inspection agency shall take the following measures pursuant to Article 19 (4) of the Act:
1. In the case of the public institution where a violation of the Act occurs: The following measures:
(a) Where it is deemed that a crime is suspected to have occurred or an investigation is required: Notification to an investigative agency;
(b) Where an administrative fine is to be imposed: Notification to the court having jurisdiction over administrative fines;
(c) Where a disciplinary action is to be taken: Commencement of disciplinary procedures;
2. In the case of a supervisory agency or the Board of Audit and Inspection: The following measures:
(a) Where it is deemed that a crime is suspected to have occurred or an investigation is required: Notification to an investigative agency;
(b) Where an administrative fine is to be imposed or a disciplinary action is to be taken: Notification to the public institution where a violation of the Act occurs;
3. In the case of an investigative agency: The following measures:
(a) Where it is deemed that a crime is suspected to have occurred or an investigation is required: Commencement of investigation procedures;
(b) Where an administrative fine is to be imposed or a disciplinary action is to be taken: Notification to the public institution where a violation of the Act occurs.
 Article 22 (Processing of Reports on Violations by the Anti-Corruption and Civil Rights Commission)
(1) Upon receipt of a report filed under Article 18 (1) of the Act, the Anti-Corruption and Civil Rights Commission shall verify the matters specified in the subparagraphs of Article 19 within 60 days from the date of receipt of the report under Article 19 (2) of the Act (where it is necessary to supplement the details of the report, referring to the date such supplementation is completed pursuant to Article 20 (3)), and shall refer the report to the following agencies or institutions:
1. Where it is deemed that a crime is suspected to have occurred or an investigation is required: An investigative agency;
2. Where an audit and inspection is deemed required under the Board of Audit and Inspection Act: The Board of Audit and Inspection;
3. In cases other than those prescribed in subparagraph 1 or 2: The public institution where a violation of the Act occurs or the agency which supervises such public institution.
(2) The Anti-Corruption and Civil Rights Commission may request relevant agencies or institutions to provide data or opinions necessary to determine whether a report is referred under paragraph (1).
(3) Where the details of a report are related to several agencies or institutions, the Anti-Corruption and Civil Rights Commission may designate an agency or institution in charge from among the public institution where a violation of the Act occurs, a supervisory agency, the Board of Audit and Inspection, or an investigative agency and may refer the report to it.
(4) An agency or institution in charge under paragraph (3) shall ensure that reported matters are processed en bloc through mutual cooperation.
(5) Where a report filed under Article 18 (1) of the Act falls under both of the following cases, the Anti-Corruption and Civil Rights Commission may forward the report to the relevant inspection agency:
1. Where it is unclear whether the report is to be referred under paragraph (1);
2. Where it is unclear whether the report is to be concluded under Article 24 (1).
(6) Upon receipt of a report forwarded under paragraph (5), an inspection agency may request the Anti-Corruption and Civil Rights Commission to provide cooperation, where necessary to process the report.
(7) Upon receipt of a request made under paragraph (6), the Anti-Corruption and Civil Rights Commission shall comply with such request unless there is a compelling reason not to do so.
(8) Where the Anti-Corruption and Civil Rights Commission refers or forwards a report under paragraphs (1) through (5), it shall attach to such report the matters verified under the subparagraphs of Article 20 (1) (excluding the personal details of a reporting person where he or she does not consent to disclosure of his or her identity) and notify the reporting person of such referral or forwarding.
(9) Where the Anti-Corruption and Civil Rights Commission is notified by an inspection agency of the results of an inspection, etc. pursuant to Article 23 (3), it shall notify in writing a reporting person who does not consent to disclosure of his or her identity of the results of the inspection, etc. without delay.
 Article 23 (Processing of Referral or Forwarding by Inspection Agencies)
(1) An inspection agency shall complete necessary inspections, etc. within 60 days from the date of receipt of a report on a violation referred or forwarded under Article 22 (1) through (5).
(2) Where there exists any good reason that makes it impracticable to complete an inspection, etc. within the period prescribed in paragraph (1), an inspection agency may extend such period. In such cases, the inspection agency shall notify the Anti-Corruption and Civil Rights Commission of the reasons for such extension and the extended period.
(3) An inspection agency shall notify in writing a reporting person (excluding where a report is referred excluding the personal details of the reporting person because he or she does not consent to disclosure of his or her identity under Article 20 (1) 4) and the Anti-Corruption and Civil Rights Commission of the results of an inspection, etc. within 10 days from the date of completion of the inspection, etc..
(4) The results of an inspection, etc. shall include the following:
1. Outcomes of processing reported matters and reasons for such processing;
2. Matters that a reporting person and the Anti-Corruption and Civil Rights Commission need to know in relation to reported matters.
(5) Article 21 (3) shall apply mutatis mutandis to measures to be taken based on the results of an inspection, etc. by an inspection agency.
 Article 24 (Conclusion)
(1) Notwithstanding Articles 21 through 23, an inspection agency or the Anti-Corruption and Civil Rights Commission may conclude a report received, referred, or forwarded in any of the following cases:
1. Where the details of the report are obviously false;
2. Where the reporting person fails to supplement the report within a prescribed period even though he or she is requested to do so under Article 20 (3);
3. Where a report is re-filed without good reason with regard to the results of processing the report that are notified, while no new evidence is found;
4. Where the details of the report are made public through the media, etc. and an inspection, etc. regarding such report are underway or completed, while no new evidence is found;
5. Where another report with the same content has already been received and an inspection, etc. regarding such report are underway or completed, while no new evidence is found;
6. Other cases where conclusion of the report is deemed reasonable, because an inspection, etc. are deemed unnecessary as no violation of the Act is found or any other reason exists.
(2) An inspection agency or the Anti-Corruption and Civil Rights Commission which concludes a report pursuant to paragraph (1) shall notify the reporting person of such conclusion and reasons therefor.
(3) A reporting person notified pursuant to paragraph (2) may re-file a report, citing reasonable grounds such as submission of new evidence.
 Article 25 (Provision of Opportunities to Present Opinions and Materials)
(1) The Anti-Corruption and Civil Rights Commission may notify a person against whom a report is filed of the fact that he or she may present his or her opinion or materials pursuant to Article 19 (3) of the Act.
(2) Upon receipt of notification under paragraph (1), a person against whom a report is filed may submit a written statement or necessary materials within 14 days from the date of receipt of such notification.
 Article 26 (Filing Objections against Results of Processing Reports on Violations)
(1) A reporting person who intends to file an objection under Article 19 (6) of the Act may do so in writing, attaching necessary materials to a written objection stating the details of and reasons for such objection, within seven days from the date when he or she is notified of the results of an inspection, etc. pursuant to Article 19 (4) or (5) of the Act.
(2) Upon receipt of an objection under Article 19 (6) of the Act, an inspection agency or the Anti-Corruption and Civil Rights Commission shall notify its determination on such objection within 30 days from the date of receipt of the objection.
(3) No further objection shall be filed against determination on an objection made under paragraph (2) and the results of a re-inspection conducted under Article 19 (8) of the Act.
 Article 27 (Notification of Commencement and Completion of Investigations)
When an investigative agency commences an investigation, suspecting that a crime is committed upon a report, etc. on a violation of the Act, and completes the investigation, it shall notify the public institution with which the relevant public servant is affiliated of such commencement and completion within 10 days.
 Article 28 (Measures to Protect Identity)
Where a reporting person files a report without his or her consent to disclosure of identity, an inspection agency shall take measures necessary to prevent disclosure of his or her identity in the course of an inspection, etc.
 Article 29 (Recommendation of Persons Eligible for Monetary Awards)
(1) Where any person is eligible for a monetary award among those who file reports on violations of the Act as provided in Article 20 (5) of the Act, an inspection agency may recommend such person to the Anti-Corruption and Civil Rights Commission.
(2) An inspection agency which makes a recommendation under paragraph (1) shall submit related materials so that the Anti-Corruption and Civil Rights Commission can verify grounds for granting monetary awards.
(3) Upon receipt of a recommendation under paragraph (1), the Anti-Corruption and Civil Rights Commission may verify grounds for granting monetary awards with an inspection agency, interested parties, witnesses, etc. to grant monetary awards.
(4) Where necessary, the Anti-Corruption and Civil Rights Commission may select persons eligible for monetary awards and grant them monetary awards in addition to cases where it receives a recommendation under paragraph (1).
 Article 30 (Education on Prevention of Conflicts of Interest)
(1) The head of a public institution shall formulate an annual plan for education on the prevention of conflicts of interest pursuant to Article 24 (1) of the Act.
(2) A plan for education prescribed in paragraph (1) shall include persons to be provided with education, the details and methods of education, and other matters.
(3) To provide support pursuant to Article 24 (3) of the Act, the Anti-Corruption and Civil Rights Commission may formulate and implement plans for support, such as training professional lecturers, developing and distributing standardized training materials and lecture programs, and offering educational courses at the Integrity Training Institute.
 Article 31 (Designation of Conflicts of Interest Prevention Officers)
A conflicts of interest prevention officer designated by the head of a public institution under Article 25 (1) of the Act shall be any of the following persons:
1. A person who has been in charge of duties related to audit and inspection, investigation, inspection, evaluation, etc. with regard to the prevention of corruption (hereafter in this Article referred to as “duties related to the prevention of corruption”) for at least three years in a public or private institution and has served in the position of supervisor or higher of a department;
2. A person who has served as a judge, prosecutor, or attorney-at-law for at least three years;
3. A person who has served at the rank of assistant professor or higher at a school prescribed in subparagraphs 1 through 5 of Article 2 of the Higher Education Act for at least three years in a field directly relevant to duties related to the prevention of corruption;
4. Any of the following persons who has been in charge of duties related to the prevention of corruption for at least one year in a public institution, corporation, or organization supported under the Assistance for Non-Profit, Non-Governmental Organizations Act:
(a) A person who has qualification certificates and meets career requirements as specified in attached Tables 7 and 8 of the Decree on the Appointment of Public Officials to be eligible for competitive recruitment for career positions of Grade V, in relation to the affairs administered by the relevant agency or institution;
(b) A person who has qualification certificates and meets career requirements as prescribed in the main clause and proviso, with the exception of the subparagraphs, of Article 27 (2) of the Local Public Officials Act to be eligible for appointment as a public official of Grade V, pursuant to self-governing rules in relation to the affairs administered by the relevant agency or institution;
(c) A person who has been in charge of duties related to technology, public health, tax affairs, environment, etc. for at least 10 years and holds the position of Grade V or higher or a position equivalent thereto at the time of designation;
5. Other persons that the head of a public institution deems to have expertise, qualifications, etc. necessary to perform duties related to the prevention of conflicts of interest.
 Article 32 (Composition and Operation of Advisory Body for Preventing Conflicts of Interest)
(1) A public institution may establish an advisory body for preventing conflicts of interest that provides advice at the request of the head of a public institution with regard to the following matters:
1. Matters regarding inspections, etc. of the details of reports on violations of the Act under Article 19 (1) and (2) of the Act;
2. Matters regarding measures to be taken with respect to reports on violations of the Act pursuant to Article 19 (4) of the Act;
3. Matters regarding recommendations of persons eligible for monetary awards as specified in Article 29;
4. Other matters that the head of a public institution deems necessary to operate a system for preventing conflicts of interest.
(2) Detailed matters necessary to establish and operate an advisory body for preventing conflicts of interest under paragraph (1) shall be determined by the head of the relevant public institution.
 Article 33 (Operation of System for Preventing Conflicts of Interest by Institution)
(1) The head of a public institution (excluding the National Assembly, courts, the Constitutional Court of Korea, and election commissions; hereafter in this Article, the same shall apply) shall establish its guidelines on the operation of a system for preventing conflicts of interest that are suited for the characteristics of the relevant public institution within the scope necessary to enforce the Act and this Decree.
(2) Where the head of a public institution establishes or amends its guidelines on the operation of a system for preventing conflicts of interest under paragraph (1), he or she shall inform the Anti-Corruption and Civil Rights Commission thereof.
(3) The Anti-Corruption and Civil Rights Commission may recommend, to the head of a public institution, detailed matters necessary to establish and manage its guidelines on the operation of a system for preventing conflicts of interest under paragraph (1).
 Article 34 (Management of Personally Identifiable Information)
Where unavoidable to perform the following affairs, the head of a public institution may manage data including resident registration numbers, passport numbers, drivers’ license numbers, or alien registration numbers prescribed in the subparagraphs of Article 19 (1) of the Enforcement Decree of the Personal Information Protection Act:
1. Affairs regarding restrictions on employment of family members under Article 11 of the Act;
2. Affairs regarding restrictions on conclusion of negotiated contracts under Article 12 of the Act;
3. Affairs regarding reports on violations of the Act and the processing of such reports under Articles 18 and 19 of the Act;
4. Affairs regarding protection of and rewards to reporting persons, etc. under Article 20 of the Act;
5. Affairs regarding recovery of wrongful gains under Article 22 of the Act.
 Article 35 (Criteria for Disciplinary Actions)
The head of a public institution shall prepare detailed criteria for disciplinary actions in consideration of types of violations, degrees of misconduct, severity of negligence, etc., to take disciplinary actions under Article 26 of the Act.
ADDENDA <Presidential Decree No. 32308, Dec. 31, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 19, 2022.
Article 2 (Applicability to Submission of Reports on Possession and Purchase of Real Estate in Connection with Duties of Public Institutions)
Article 9 (1) shall begin to apply to projects that involve duties designated under Article 8 (1) and are made public in accordance with procedures, such as a public announcement to, or public inspection by, residents and district designation, on or after the date this Decree enters into force.