Strengthening Disciplinary Exemption for Active Public Officials... Extension of Sexual Misconduct Disciplinary Statute of Limitations to 10 Years

Amendments to the National Public Officials Act and Local Public Officials Act Approved at Cabinet Meeting

[Asia Economy Reporter Jo In-kyung] To ensure that public officials do not hesitate to engage in proactive administration due to fear of disciplinary action, exemption from discipline for proactive administration will be guaranteed by law. The statute of limitations for disciplinary action related to sexual misconduct will be extended from the current 3 years to 10 years to minimize situations where disciplinary action cannot be taken because the statute of limitations has expired despite sexual misconduct being revealed late.

The Ministry of the Interior and Safety and the Ministry of Personnel Management announced that the amendments to the "National Public Officials Act" and the "Local Public Officials Act," which include these provisions, were collectively approved at the Cabinet meeting on the 24th.

The amendment first legally stipulates exemption from discipline and preferential treatment in personnel matters for proactive administration to more firmly guarantee the active performance of duties by public officials. Although there are currently grounds for exemption and preferential measures under presidential decrees, reflecting these in general laws strengthens their legal effect and broadly applies them to all public officials, including those in the National Assembly, judiciary, police, and fire services.

The Ministry of the Interior and Safety explained that this will help establish a culture in each institution that encourages and favors proactive administration by affiliated public officials.

The amendment also allows public officials who suffer illness or injury while performing high-risk duties to take up to 5 years of sick leave for work-related illness.

Currently, police and fire officials who suffer serious injuries at crime or fire scenes sometimes fail to recover within the current 3-year leave period and are dismissed without returning to work. Going forward, public officials who are seriously injured while protecting public safety and daily life will be able to focus on stable treatment and, after returning to work, continue to dedicate and serve the public.

The statute of limitations for disciplinary action against public officials involved in sexual misconduct will be extended from the current 3 years to 10 years. This is to minimize situations where disciplinary action cannot be taken because the statute of limitations has expired despite sexual misconduct being revealed.

Appeals for mitigation of disciplinary action in cases of serious misconduct such as sexual misconduct will become more stringent. Currently, mitigation can be granted if more than half of the attending committee members agree regardless of the type of disciplinary action, but in the future, for severe disciplinary actions, at least two-thirds of the attending committee members must agree for mitigation to be possible.

Additionally, even if a public official did not personally commit recruitment misconduct, if a court confirms a guilty verdict related to recruitment misconduct such as improper solicitation, the official’s acceptance or appointment can be canceled outright, even if they are currently serving as a public official.

Lee Jae-gwan, Director of the Local Autonomy and Decentralization Office at the Ministry of the Interior and Safety, said, "While the state takes responsibility for protecting proactive public officials, it also intends to strictly hold accountable those officials involved in misconduct." He added, "This legal amendment will serve as an opportunity to further raise the public’s expectations and trust in the public service community."

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