| Article 2 (Standing rules on inspection) |
When the independent inspector general and persons in charge of inspection affairs [referring to an assistant independent inspector general, an inspection officer who perform inspection affairs under the direction of an independent inspector general, and a person who directly performs inspection affairs among public officials dispatched pursuant to Article 10 (1) of the Independent Inspector General Act (hereinafter referred to as the "Act"); hereinafter the same shall apply] conduct an inspection, they shall comply with the following matters: | 1. | They shall perform their duties fairly so as not to undermine the political neutrality of the independent inspector general; |
| 2. | They shall observe due process and provide interested persons with sufficient opportunities to state their opinions; |
| 3. | They shall not divulge any information he or she has become aware of in the course of performing inspection affairs or use such information for any other purpose. |
| Article 3 (Qualifications for assistant independent inspector general) |
| (1) | The assistant independent inspector general shall be appointed by the independent inspector general from among those who have served in the positions referred to in the subparagraphs of Article 42 (1) of the Court Organization Act for at least 10 years; provided, if a person has served in 2 or more positions referred to in the subparagraphs of Article 42 (1) of the Court Organization Act, the number of years of such service shall be aggregated. |
| (2) | The assistant independent inspector general shall assist the independent inspector general and handle the business affairs under his or her jurisdiction, and direct and supervise the inspection officer and public officials dispatched pursuant to Article 10 (1) of the Act. |
| (3) | An inspection officer shall take charge of inspection affairs under the direction of the independent inspector general and the assistant independent inspector general. |
| (4) | The assistant independent inspector general and the inspection officer shall retire from office at the expiration of the term of office of the independent inspector general as at the time of their appointment; provided, if the independent inspector general deems it particularly necessary for the transfer of business affairs, the service period of the assistant independent inspector general and the inspection officer may be extended by up to 1 month. |
| Article 4 (Request for dispatch of public officials) |
| (1) | When the independent inspector general requests the heads of relevant agencies to dispatch public officials under their jurisdiction and provide assistance related thereto pursuant to Article 10 (1) of the Act, he or she shall make a written request stating the necessity thereof. |
| (2) | The head of a relevant agency in receipt of a request under paragraph (1) shall cooperate as much as possible in consideration of the personnel situation of the relevant agency. |
| Article 5 (Vicarious performance of duties of independent inspector general) |
If an independent inspector general is unable to perform his or her duties due to any accident, the assistant independent inspector general shall act on behalf of the independent inspector general, and if both the independent inspector general and the assistant independent inspector general are unable to perform their duties due to any accident, the chief of the independent inspection division shall act on their behalf.
| Article 6 (Initiation of inspection) |
| (1) | A person in charge of inspection affairs shall report the following information on the misconduct of a person subject to inspection under Article 5 of the Act to the independent inspector general without delay: |
| 1. | Information received through reports, tips, or complaints (hereinafter referred to as “reports, etc.”); |
| 2. | Information collected in a manner that does not violate any statutes or regulations; |
| 3. | Information transmitted by other agencies. |
| (2) | The independent inspector general shall initiate an inspection if he or she finds that the information on misconduct is reliable and specific after reviewing the details of the information reported pursuant to paragraph (1), the materials disclosed, and the details of the statements made to him or her through face-to-face interviews or telephone conversations, etc. with the reporter, informant, or complainant (hereinafter referred to as "informer"). |
| (3) | The independent inspector general shall consider the following matters in order to determine whether information on misconduct is reliable and specific pursuant to paragraph (2): |
| 1. | The rationality and objective reasonableness of the details of the relevant information; |
| 2. | Whether the report, etc. is filed under a real name; |
| 3. | The source of the relevant information; |
| 4. | The relationship between the informer and the person subject to inspection; |
| 5. | Consistency of statements by the informer; |
| 6. | The time when the relevant information arose; |
| 7. | Whether the informer has filed the same report, etc. with another agency. |
| (4) | The independent inspector general shall report in writing to the President the person subject to inspection, the details of the misconduct subject to the inspection, the details of the initiation of the inspection, etc. within 5 days (excluding holidays and Saturdays) after the initiation of inspection. |
| Article 7 (Termination of inspection) |
| (1) | If the independent inspector general initiates an inspection pursuant to Article 6, he or she shall promptly proceed with the inspection and terminate the inspection. |
| (2) | If it is deemed that a case accepted through a report, etc. does not constitute a malfeasance defined in Article 2 of the Act or it does not involve a person subject to inspection under Article 5 of the Act and falls under the jurisdiction of another agency, the independent inspector general shall terminate the case by referring the report, etc. to the relevant agency. |
| (3) | If it is difficult to admit the suspicion of misconduct, the independent inspector general shall immediately terminate the inspection. |
| (3) | When the independent inspector general deems it necessary to impose criminal punishment because the suspicion of a crime is evident according to the results of inspection, he or she shall terminate the inspection by filing an accusation with the Prosecutor General; and when there are reasonable grounds to believe that a crime has been committed, and when he or she deems it necessary for preventing the escape or destruction of evidence or securing evidence, he or she shall terminate the inspection by requesting the Prosecutor General to conduct an investigation. |
| (5) | The independent inspector general shall report in writing to the President of the Republic of Korea on the progress of the inspection, particulars of the detailed inspection activities, the results of the inspection, the reasons therefor, etc. within 5 five days (excluding holidays and Saturdays) after the inspection is terminated. |
| (6) | If it is found that a person falls under any ground for disciplinary action prescribed by the State Public Officials Act or other statutes or regulations according to the results of an inspection, the independent inspector general shall forward relevant materials to the head of the agency to which such person belongs. |
| Article 8 (Permission for extension of inspection period) |
An application for permission to extend the inspection period under the proviso of Article 6 (3) of the Act shall be filed in writing stating the grounds therefor not later than 3 days (excluding holidays and Saturdays) before the expiration of the period.
| Article 9 (Request for cooperation to relevant agencies) |
| (2) | The written request for cooperation, etc. referred to in paragraph (1) shall contain the specific details of the request for cooperation, etc., the deadline for providing cooperation, etc. |
| (3) | The heads of the State, local governments, and other public institutions in receipt of a request under paragraph (1) shall comply with such request unless there is a compelling reason not to do so. |
| Article 10 (Request for appearance and answer) |
| (1) | When an independent inspector general requests a person subject to inspection or persons other than the person subject to inspection (hereinafter referred to as “person subject to inspection and others”) to appear and answer pursuant to subparagraph 1 of Article 17 or 18 (1) of the Act, he or she shall deliver a request to appear and answer (including electronic documents under the “Act on Promotion of Information and Communications Network Utilization and Information Protection”) by hand or mail; provided, in urgent cases, the request to appear and answer may be made orally to the person subject to inspection and others. |
| (2) | The written request to appear and answer under paragraph (1) shall include the name of the person to appear and answer, the date, time, and place of appearance and answer, and the purport of requesting the appearance and answer; provided, if a verbal request to appear and answer is made pursuant to the proviso of paragraph (1), a document stating the grounds for requesting appearance and answer orally shall be prepared without delay and retained along with the above stated matters. |
| (3) | The independent inspector general may have a person subject to inspection and others make a statement in writing or by telephone, etc. instead of requesting him or her to appear and answer pursuant to paragraph (1). |
| Article 11 (Request for materials) |
| (1) | If the independent inspector general requests a person subject to inspection and others to submit materials, such as a certificate, a statement of explanation, other related documents, books, articles, etc. pursuant to subparagraph 2 of Article 17 or Article 18 (1) of the Act, he or she shall serve a written request for submission of materials (including electronic documents under the Act on Promotion of Information and Communications Network Utilization and Information Protection) by delivery or mail, etc.; provided, in urgent cases, he or she may orally request the person subject to inspection and others to submit materials. |
| (2) | The written request for submission of materials under paragraph (1) shall contain the name of the person requested to submit materials, materials to be submitted, deadline for submission of materials, etc.; provided, if an oral request to submit materials pursuant to the proviso of paragraph (1) is made, documents stating the reasons for orally requesting the submission of materials along with the above stated matters shall be prepared and retained. |
| Article 12 (Prohibition on divulging initiation of inspection) |
When an independent inspector general or a person in charge of inspection initiates an inspection and performs duties, etc. (including civil petitions related to the acceptance of reports, etc.) provided in Articles 16 through 20 of the Act , he or she shall ensure that the details of the inspection, such as the initiation and termination of the inspection, the identity and misconduct of a person subject to inspection, etc., are not publicly announced or divulged to a third party, such as the informer.
| Article 13 (Processing of sensitive information) |
The independent inspector general or a person in charge of inspection may, if unavoidable to perform inspection affairs, process sensitive information under Article 23 of the Personal Information Protection Act, resident registration numbers, passport numbers, driver's license numbers, alien registration numbers, and other personal information under subparagraphs 1 through 4 of Article 19 of the Enforcement Decree of that Act, in accordance with the Personal Information Protection Act.
| Article 14 (Retention and destruction of inspection case records) |
| (1) | If the inspection is terminated due to reasons other than the referral to the relevant agencies under Article 7 (2) or the filing of a complaint or request for investigation under paragraph (4) of that Article, the relevant inspection case records shall be retained for 3 years from the time the inspection is terminated. |
| (2) | The inspection case records referred to in paragraph (1) shall include documents, other related documents or articles, drawings, photographs, discs, tapes, films, slides, electronic records, etc. regarding the inspection and records incidental thereto, and shall include special media records. |
| (3) | If records whose retention period has expired are to be destroyed, permission from the independent inspector general shall be obtained. |
| Article 15 (Protection of informers) |
The independent inspector general and persons in charge of inspection shall maintain confidentiality so that the informer is not disadvantaged on the grounds that he or she has provided information for inspection, and shall endeavor to protect the identity of the informer.
| Article 16 (Measures against persons suspected of false accusation) |
The independent inspector general shall take measures, such as filing a complaint with the prosecution, against a person who is suspected of a crime of a false accusation for reporting false information for the purpose of subjecting a person subject to inspection to a criminal punishment or disciplinary action.
ADDENDUM <Presidential Decree No. 25383, Jun. 17, 2014>
This Decree shall enter into force on June 19, 2014.