Mandatory Notification of Employment Restrictions for Public Institution Heads Dismissed for Misconduct

Legislative Notice for Partial Amendment of the 'Anti-Corruption and Rights Commission Act' from May 15 to June 24

Chairman Eunjeong Park of the Anti-Corruption and Civil Rights Commission. / Photo by Dongju Yoon doso7@

[Asia Economy Reporter Moon Chaeseok] From now on, heads of public institutions must inform individuals who have been dismissed for misconduct that they cannot be employed at institutions where employment is restricted.

The Anti-Corruption and Civil Rights Commission (ACRC) announced on the 18th that it has prepared a partial amendment bill to the "Act on the Prevention of Corruption and the Establishment and Operation of the Anti-Corruption and Civil Rights Commission" and will hold a 40-day legislative notice period from the 15th of last month until the 24th of next month.

The law applies to public officials who have been automatically retired, dismissed, or removed due to corruption-related misconduct in the course of their duties. They are subject to a five-year employment restriction at public institutions, institutions related to corruption activities, and for-profit private companies closely related to their work.

Heads of public institutions must not only inform dismissed individuals of the employment prohibition at restricted institutions but also submit related documents to the ACRC within 30 days from the occurrence or confirmation date. The documents must include personal information and reasons for disciplinary action.

To protect whistleblowers, anonymous reporting through lawyers is now allowed. If a whistleblower suffers unfavorable administrative actions related to corruption reporting, liability reduction is also possible.

The identity of whistleblowers is protected to encourage reporting. If a whistleblower’s identity is exposed, the ACRC may request submission of materials or statements to verify the circumstances. Failure to comply may result in fines.

An "Emergency Relief Fund System" has been established to allow urgent payment of relief funds to whistleblowers before the deliberation and resolution of the Compensation Review Committee if deemed necessary.

Data provided by the Anti-Corruption and Civil Rights Commission

The ACRC conducts employment status checks twice a year to manage individuals dismissed for misconduct. For violators, measures such as requesting dismissal or prosecution to their affiliated institutions before retirement are taken.

However, since there was no regulation mandating the notification of the employment restriction system to dismissed individuals, cases occurred where they unknowingly engaged in illegal employment. The number of violators kept increasing. This is why the ACRC has made the notification of the employment restriction system mandatory.

Han Samseok, Director of the Review and Protection Bureau at the ACRC, said, "The legal amendment will serve as an opportunity for the employment restriction system for dismissed individuals to be operated rationally and efficiently," adding, "During the legislative notice period, we plan to fully listen to the opinions of stakeholders, related ministries, and experts and promote more effective system improvements."

This content was produced with the assistance of AI translation services.