Busan Metropolitan City Ordinance on the Organization and Management of Public Service Ethics Committee
CHAPTER I GENERAL PROVISIONS
- Article 1 (Purposes)
- The purpose of this Ordinance is to prescribe such matters as the organization and management of the Busan Metropolitan City Public Service Ethics Committee pursuant to Article 9 and 21 of the Public Service Ethics Act.
- Article 2(Organization of Committee) Busan Metropolitan City Public Service
Ethics Committee (hereinafter referred to as the "Committee") shall consist of 9
members including one and one vice chairman, and the members shall be either
commissioned or appointed among any of the followings subparagraphs by the
Busan Metropolitan City Mayor.
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- 1. 5 persons recommended by judges, teachers, persons with abundant knowledge and moral influence, or a Citizens' group(that means a non-profit and non-governmental organization stipulated in Article 2 of the Assistance for Non-profit Non-governmental Organizations Act)
- 2. 2 persons recommended by the Busan Metropolitan Council, the Director General of Administrative Management Bureau and the Audit and Inspection Officer.
- (2) When the Busan Metropolitan City Mayor commissions members pursuant to Paragraph 1, Subparagraph 1, the Mayor can consult with the Chairman of the Busan Metropolitan Council.
- (3) The chairman of the Committee shall be elected by mutual vote among the Committee members who was commissioned pursuant to Paragraph 1, Subparagraph 1, and the vice chairman of the Committee shall be elected by mutual vote among the Committee members who was commissioned or appointed pursuant to Paragraph 1, Subparagraph 2.
- Article 3(Functions)
- The Committee shall examine and decide the matters of
following subparagraphs:
- 1. Reviewing property registrations and the management of the result;
- 2. Other matters falls into the Committee's authority pursuant to the related laws.
- Article 4(Competence)
- The Committee shall have competence over the following
matters.
- 1. Matters concerning the incumbent or retired public officials with a lower rank than Grade of the Busan Metropolitan City and the Busan Metropolitan Council;
- 2. Matters concerning the incumbent or retired public officials with the Grade of boroughs(Gu) and counties(Gun) Council and boroughs(Gu) and counties(Gun);
- 3. Matters concerning the incumbent or retired staffs of public-related
organizations of the following items.
- (a) Public corporations pursuant to the Local Public Enterprises Act;
- (b) Organizations that receive the contribution or support from the Busan Metropolitan City or have the entrusted business of the Busan Metropolitan City;
- (c) Organizations that the Busan Metropolitan City Mayor appoints their officers or approves their appoint.
- Article 5(Terms)
- Appointed members of the Committee holds office for 2 years, and the consecutive appointment may be permitted. Yet, the term of office for a committee member who filled the vacancy shall be the remainder of the predecessor.
- Article 6(Duties of the Chairman, etc.)(1) The chairman shall represent the
Committee and exercise the overall control of the Committee.
- (2)The vice chairman shall act on behalf of the chairman when the chairman inevitably can not perform his/her duties.
- Article 7(Meeting)(1) he chairman convokes a meeting and becomes the
chairman of the meeting.
- (2) The Committee meeting is to start with a majority of the registered
Committee members present and shall pass a resolution with a majority vote of
the Committee members who are present. However, the matters of the following
subparagraphs need the vote of two thirds of the Committee members who are
present.
- 1. Request of inspection pursuant to Article 8, paragraph 7 of the Public Service Ethics Act(hereinafter referred to as the "Act") and the approval of the inspection request pursuant to Article 8, paragraph 12 of the Act;
- 2. Management of the result of review pursuant to Article 8-2 of the Act;
- 3. Demand for the dismissal or disciplinary deliberation pursuant to Article 22 of the Act;
- 4. Accusations of persons who fall in from Article 24 to 29 of the Act
- (3) The meeting of the Committee shall not be open to the public
- Article 8(Exclusion of Committee Member)A Committee member shall be excluded from the deliberation and resolution of the Committee if he/she falls under any of the following subparagraphs:
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- 1. When the Committee deals with an item concerning the Committee Member himself/herself;
- 2. When the Committee deals with an item concerning anyone who works in the same branch of the Committee Member concerned; or
- 3. When the Committee deals with an item that a Committee Member had been a person for reference or an appraiser.
- (2) A Committee member who is excluded from the deliberation and resolution of the Committee shall be excluded from the calculation of the number of registered members under Article 7, Paragraph 8.
- Article 9(Executive Secretary)
- The Committee shall have one executive secretary, and the deputy director in charge of public ethics programs shall be the executive secretary.
- Article 10(Allowances, etc)
- Allowances and traveling expenses may be provided within the scope of the budget to the appointed committee members who are present at meetings.
- Article 11(Managerial Rules)
- The chairman shall decide on necessary matters other than that regulated in this Ordinance with the consent of the Committee.
