Assemblyman Lee Byung-hoon Clearly Defines Property Reporting Targets in Partial Amendment to the Public Officials Ethics Act

[Asia Economy Honam Reporting Headquarters Reporter Yoon Jamin] On the 19th, Congressman Lee Byung-hoon (Democratic Party of Korea, National Assembly Culture, Sports and Tourism Committee, Gwangju Dong-gu Nam-gu Eul) announced that he has taken the lead in proposing the "Partial Amendment to the Public Officials Ethics Act" to clearly define the scope of property registration for public officials and property reporting for public office candidates.

The current Public Officials Ethics Act imposes the obligation to report property on the President, Prime Minister, Cabinet members, general national public officials of grade 4 or higher, local public officials, and public office candidates. However, the law excludes "married female direct descendants" of those obligated to register from the reporting requirement.

However, since the scope of "marriage" is not clearly defined as either legal marriage or common-law marriage, there is no proper basis to sanction registrants who refuse to report property on the grounds of "common-law marriage."

Despite the possibility that arbitrary interpretations of marriage could be exploited as a means to evade property reporting, even the Ministry of Personnel Management, the competent authority, has not provided a clear interpretation on whether "marriage" includes common-law marriage.

The Civil Code, in marital relations, principally recognizes legal marriage registered officially, but also defines common-law marriage as a situation where a couple lives together as spouses without registration, protecting it similarly to legal marriage.

However, to realize the legislative intent of the public officials' property registration system, which aims to prevent illicit wealth accumulation by public officials and ensure fairness in public duties, there is a claim that common-law marriage?which is highly likely to be abused as a means of covert inheritance, disguised gifting, property reduction, or concealment?must be included in the property reporting scope.

The amendment excludes "common-law marriage" from the definition of "marriage," thereby including the property of female direct descendants in common-law marriage relationships as subjects for property reporting.

Congressman Lee said, "There is a serious risk that the legislative intent of the 'Public Officials Ethics Act,' which aims to establish ethics among public officials, could be severely undermined by refusals to report property based on arbitrary interpretations of legal provisions," adding, "It is necessary to clearly define the scope of property registration for public officials and property reporting for public office candidates to thoroughly verify the integrity and morality of those who carry heavy responsibilities in public office or seek to enter public office."

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