From Obedience to Conviction: How the December 3 Martial Law Incident Changed the Civil Service Act

Abolition of Duty of Obedience After 76 Years... New Right to Refuse Unlawful Orders
Kang Gijung: "Democracy Is Protected by Conviction, Not Obedience"
Gwangju Teachers' Union: "Improving Hierarchical Culture... Anticipating Change on the Ground"

The "duty of obedience," which required civil servants to unconditionally follow the orders of their superiors, will be abolished after 76 years. With a new legal basis established for refusing unlawful orders, the public sector stands at a turning point for change, though it remains uncertain whether the organizational culture on the ground will truly transform.

According to political sources on November 28, the Ministry of Personnel Management and the Ministry of the Interior and Safety have recently decided to amend the National Public Officials Act and the Local Public Officials Act. The amendments will delete the existing duty of obedience clause, and instead stipulate that civil servants must carry out their duties under the direction and supervision of their superiors, but may express objections or refuse to comply with unlawful orders. A new protection mechanism will also be introduced to prevent disadvantages such as missed promotions or disciplinary action for those who refuse unjust instructions from their superiors.

At 7 p.m. on December 5 last year, during the second general rally held at Gwangju 5·18 Democracy Square, a citizen is holding a placard urging the resignation of Yoon Seokyoul. Photo by Song Bohyun

This amendment was prompted by issues that came to light after the 12·3 Martial Law Incident. Article 57 of the current National Public Officials Act originally included a "right to express opinions" clause when it was enacted in 1949. However, it has been pointed out that the military removed this provision during the 1963 revision process, thereby solidifying the strict top-down command structure.

In Gwangju, there are both hopes and concerns regarding this change.

Kang Gijeong, Mayor of Gwangju, stated, "It is not the obedience of civil servants, but their conviction that protects democracy," adding, "We must address the vulnerabilities exposed by the martial law incident through laws and systems." He emphasized that, along with including the spirit of the 5·18 in the preamble of the Constitution and introducing a system requiring prior National Assembly approval for the declaration of martial law, "it was essential to legislate the right to refuse unjust orders."

The education sector has also welcomed the move. The Gwangju Teachers’ Union commented, "This will serve as an opportunity to rectify the lingering top-down culture in the public sector," and assessed that "creating an environment where unjust instructions can be challenged will enhance the integrity and autonomy of the teaching profession." They specifically cited the past revision of the education law, which changed the provision that "the principal commands and the teacher obeys," describing it as part of a trend toward expanding a democratic work environment.

However, the extent to which institutional change will alter actual practices remains an open question. Detailed procedures for civil servants to assess illegality and express their opinions will be outlined in the enforcement decree, while factors such as the internal atmosphere of authority and the inertia of avoiding responsibility are seen as variables that could affect the implementation of the new system.

The government is collecting public feedback on the amendment through the National Legislative Participation Center until December 22. The Ministry of Personnel Management and the Ministry of the Interior and Safety plan to submit the bill to the National Assembly within the year after gathering opinions. If the amendment passes the National Assembly, it is expected to take effect next year following a grace period of approximately six months.

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