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Ministry of the Interior and Safety Central Building, Government Complex Sejong / Reporter Kim Bo-young

Legal support and protections for local public officials will be significantly reinforced so they can carry out their duties according to their convictions without facing burdens of investigation or litigation that may arise while pursuing proactive administration.

The Ministry of the Interior and Safety announced on August 18 that it will put up for public notice a partial amendment to the Provisions on the Proactive Administration of Local Public Officials containing these measures, running from August 19 to September 28.

The amendment focuses on institutionalizing protection for local public officials caught up in investigations or civil and criminal litigation while pursuing proactive administration, as well as reinforcing on-the-ground institutional frameworks by expanding continuous compensation systems.

First, local governments will each establish and operate a Proactive Administration Protection and Support Group. The support groups will consist of proactive administration protection officers, dedicated staff, and internal and external attorneys, swiftly providing legal consultations, litigation assistance, and other necessary services.

In particular, officials facing criminal complaints or accusations in the course of proactive administration can receive support, such as retaining an attorney, simply by submitting an application, provided there is no evident misconduct such as nonfeasance or passive administration. For criminal cases, advance expenses including attorney retainer fees will be supported even before an acquittal is finalized after indictment, substantially safeguarding their right to a defense.

However, if an official receives assistance through falsehoods or improper means, or if willful misconduct or gross negligence is confirmed, the full amount of support will be clawed back.

The revision also prevents officials from facing personnel disadvantages solely because proactive work failed to produce intended outcomes. The goal is to ensure officials do not hesitate to make new attempts due to fear of the results.

Furthermore, the legal support procedure will be supplemented so that local governments can request counsel from the Ministry of Government Legislation on legal issues arising during proactive administration, allowing proactive administration committees to deliberate with those findings in mind. Provisions prohibiting the disclosure of confidential information obtained through committee activities will also be introduced.

The amendment is set to take effect following public feedback gathering during the notice period and review by the Ministry of Government Legislation. Details are available in the Official Gazette or on the Government Legislation Center website, and public comments can be submitted via mail, fax, or the online platform by September 28.

The proactive administration system for local public officials was institutionalized with the enforcement of the presidential decree, the Provisions on the Proactive Administration of Local Public Officials, in August 2019. Since then, exemptions through proactive administration committees and prior consultations, coverage of litigation expenses, and personnel preferences for outstanding officials have been introduced in phases.

Vice Minister of the Interior and Safety Kim Min-jae stated, "Through this amendment, we will firmly protect officials who proactively perform their duties and foster a civil service culture where proactive performance is properly rewarded."

                                                                                                            Kim Bo-young