'D-7' Conflict of Interest Prevention Act, Only 5 Practitioners? ... Will the 'Kim Young-ran Act Chaos' Repeat?

'10 Conflict of Interest Acts' Standards Presented for 2 Million Public Officials at 15,000 Public Institutions Nationwide
Criminal Penalties Possible for Violations

[Asia Economy Sejong=Reporter Son Seon-hee] The enforcement of the 'Conflict of Interest Prevention Act,' targeting approximately 2 million public officials belonging to about 15,000 public institutions nationwide, is just one week away. The scope of application is broad, and the penalty level is severe, with a maximum imprisonment of up to 7 years. It is expected to serve as a major turning point that will once again raise awareness of 'integrity' within the public service community.

However, as the enforcement of this important legislation approaches, concerns are being raised that there is not even a properly established organization to handle the related practical work, making initial public confusion inevitable. There are warnings that confusion similar to that experienced during the implementation of the so-called 'Kim Young-ran Act (Act on the Prohibition of Improper Solicitation and Graft)' in 2016 could be repeated.

According to the Anti-Corruption and Civil Rights Commission on the 12th, the current workforce handling the practical tasks related to the Conflict of Interest Prevention Act is only five people. Moreover, this is not a formal organization but a temporary task force (TF) team. When the law is first enforced on the 19th, a flood of reports of suspicious cases and requests for authoritative interpretation is expected, but the workforce is far too insufficient to handle all of these.

The behavioral standards stipulated in the Conflict of Interest Prevention Act include a total of 10 items: ▲ Reporting and avoidance/recusal requests for private interests ▲ Reporting ownership or purchase of real estate related to public institution duties ▲ Reporting transactions with persons related to duties ▲ Reporting private contact with retirees ▲ Submission of high-ranking officials' private sector work activities ▲ Restrictions on family hiring ▲ Restrictions on concluding private contracts ▲ Restrictions on external activities related to duties ▲ Prohibition of private use or benefit from public institution goods, etc. ▲ Prohibition of using confidential information related to duties.

Compared to the Improper Solicitation and Graft Act, there are more behavioral restriction provisions and they are more specific, and the demand for authoritative interpretation is expected to surge accordingly. In fact, during the early enforcement of the Improper Solicitation and Graft Act in 2016, the Anti-Corruption and Civil Rights Commission received about 13,000 requests for authoritative interpretation, and there were cases where it took nearly a year to provide answers. During that time, public confusion over the 'legality' continued.

On the 2nd, Jeon Hyun-hee, Chairperson of the Anti-Corruption and Civil Rights Commission, announced the preparation status for the enforcement of the "Conflict of Interest Prevention Act for Public Officials" at the briefing room of the Government Seoul Office Building. 2022.5.2 [Image source=Yonhap News]

At a briefing on the enforcement preparation status of the Conflict of Interest Prevention Act on the 2nd, Chairperson Jeon Hyun-hee of the Anti-Corruption and Civil Rights Commission said, "With the new government coming in, ministers, vice ministers, and high-ranking officials are newly appointed, which may lead to the most conflict of interest situations, and all core subjects stipulated by the law fall within the scope of influence," adding, "It is an urgent situation to secure dedicated organizations and personnel related to this to restore trust in public officials and prevent the decline of public trust in the new government."

The Anti-Corruption and Civil Rights Commission has already conveyed requests to the Ministry of the Interior and Safety for securing related personnel and organizations and is in internal consultations. A Commission official stated, "To operate the system, function-specific organizations are needed for related surveys, report reception and notification, and authoritative interpretation," adding, "We have requested the Ministry of the Interior and Safety to establish four new departments (sections)."

However, the Ministry of the Interior and Safety has also experienced delays in decision-making due to the ministerial replacement period. Regarding this, President Yoon Suk-yeol approved the appointment of Minister Lee Sang-min of the Ministry of the Interior and Safety on the morning of the same day.

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