Code of Conduct for Maintaining the Integrity of Public Officials of the Busan Metropolitan City : City Government

CHAPTER Ⅰ GENERAL PROVISIONS

The purpose of this Rule is to provide for the criteria for conducts to be observed by the public officials of the Busan Metropolitan City (hereinafter referred to as the "public officials") under Article 8 of the Prevention of Corruption Act and the Code of Conducts to Maintain Integrity of Public Officials.

The definitions of terms used in this Rule shall be as follows:
- 1. The term "persons related with duties" means the persons who are related with the competent duties, and the individual falling under any of the following subparagraphs (where the public official is in a position of private person, he shall be considered as an individual), or the organization (including the constituents):
  - (a) Individual or organization for whom or which it is apparent that he or it is in the process of applications, or intends to make an application, for the permission, authorization, patent, license, approval, designation, acknowledgement, recommendation, examination, inspection, or certification, etc.;
  - (b) Individual or organization for whom or which it is apparent that he or it is in the process of applications, or intends to make an application, for the registration or entry on the books or registers, etc.;
  - (c) Individual or organization for whom or which it is apparent that he or it is in the process of applications, or intends to make an application, for the verification or authentication for the specific facts or legal relationship;
  - (d) Individual or organization for whom or which it is apparent that he or it has requested or intends to request an explanation or interpretation through a form of inquiry or consultation concerning the administrative affairs, such as statutes, systems and procedures, etc.;
  - (e) Individual or organization who or which is directly subjected to gains or disadvantages due to the changes or revocations of authorization or permission, etc., suspension of business, or imposition of penalty surcharge or fine for negligence, etc.;
  - (f) Individual or organization who or which is subject to investigation, audit, supervision, inspection, control and administrative guidance, etc.;
  - (g) Individual or organization who or which is directly subjected to gains or disadvantages due to the judgment, decision, official certification, appraisal, examination, assessment, adjustment and arbitration, etc.;
  - (h) Individual or organization who or which is subject to the call-up or mobilization, etc.;
  - (i) Individual or organization who or which concludes, or apparently intending to conclude, a contract with the State or local government;
  - (j) Individual or organization who or which receives the funds or subsidies, etc. from the State or local government;
  - (k) Organizations whose all or part of capital has been invested or contributed by the State or local government;
  - (l) Individuals who have been temporarily employed by the administrative agencies for the statistics, public opinion survey or guidance, etc.; and
  - (m) Individual or organization who or which requests the administrative agencies to make a specific act;
- 2. The term "public officials related with duties" means the other public officials who are directly subjected to gains or disadvantages in connection with the public officials' performance of duties (where the agencies are subjected to gains or disadvantages, referring to the public officials in charge of the related business of related agencies), and its definite scope shall be as follows:
  - (a) Superiors and subordinates of the relevant public officials receiving orders related with duties;
  - (b) Public officials different from those in charge of duties capable of affecting the identity, administration and finance, etc. of other public officials, such as personnel affairs, audit, assessment and appraisal, or decorations, etc.;
  - (c) Public officials exercising overall control of duties, such as personnel affairs, audit, budget, decorations, organization, autonomy statutes, etc., contract, compensation, indication or valuation, etc., and public officials who perform the competent duties of other administrative agencies or who are directly related with the relevant duties; and
  - (d) Where the administrative affairs are delegated or entrusted, the public officials who manage or supervise the delegated or entrusted affairs, and those who are in charge of the said affairs;
- 3. The term "gifts" means the goods offered without any price (including where the prices are significantly lower than market values, or in comparison with the trade practices), or the securities, lodging ticket, membership card, admission ticket, flight ticket, viewing ticket, utilization ticket, merchandise coupon or filling coupon, and others equivalent thereto which have an economic value; and
- 4. The term "entertainment" means the hospitality such as foods, sports, liquor or amusement, etc. or offering the conveniences, such as the guides to transportation, lodging or tourism, or supports to events, etc.

This Rule shall apply to the public officials belonging to the Busan Metropolitan City (hereinafter referred to as the "City") (including the public officials of subordinate agencies, business office, and those of the Secretariat of the Busan Metropolitan City Council), and the public officials dispatched to the City.

CHAPTER Ⅱ FAIR PERFORMANCE OF DUTIES

(1) Where any superior has made an instruction that significantly impedes fair performance of duties in order to ensure his or another's improper gains, the public officials may not follow such an instruction by vindicating the causes therefor to the relevant superior by the forms under the attached Table 1 or any means equivalent thereto.

(2) When the same instruction is continued notwithstanding a non-performance of the instruction as referred to in paragraph (1), one shall promptly file a report thereon with the head of an agency whereto he belongs, or make a consultation with a public official in charge of the affairs relating to the code of conducts to maintain the integrity of public officials (hereinafter referred to as the "officer responsible for the code of conducts").
(3) Where the officer responsible for the code of conducts, who has been subjected to a consultation as referred to in paragraph (2), admits that a revocation or alteration of the instruction is required after a verification of the contents of the instruction, he shall file a report thereon with the head of an agency whereto he belongs.
(4) The head of an agency whereto one belongs, who has received a report as referred to in paragraph (2) or (3), shall take a proper measure, such as making a revocation or alteration of the instruction, in case where he deems it necessary.
(5) No disadvantageous measures contrary to one's intent, such as unfavorable acts in one's personnel affairs or identity, shall be taken against the relevant public official on account of making a vindication as referred to in paragraph (1).

(1) Where any public official judges that it is difficult to make an impartial performance of his duties since the duties performed by himself are related with his interests, or a relative within a cousinship (referring to the relatives as referred to in Article 767 of the Civil Act; hereinafter the same shall apply) falls under the person related with duties, he shall deal with whether refraining from the relevant duties, etc. after making a consultation with the immediately superior person or the officer responsible for the code of conducts.

(2) The immediately superior person or the officer responsible for the code of conducts who has received a request for consultation as referred to in paragraph (1) shall file a report thereon with the head of an agency whereto he belongs in case where it is judged that it is inadequate for the relevant public official to continue his duties; Provided, That where the immediately superior person may temporarily re-allocate the duties of relevant public official within the limit of his authority, he may re-allocate the relevant duties, and refrain from filing a report with the head of an agency whereto he belongs.
(3) The head of an agency whereto one belongs who has received a report as provided in paragraph (2) shall take a required measure, such as making a reallocation of manpower so as to make the duties dealt with fairly.

A public official shall not grant any privilege to a specific person on account of the localism, kinship or scholastic ties, etc., during a performance of his duties.

A public official shall not be allowed to cause any property losses to the agency whereto he belongs, by using the budget for public service activities, such as the travel expenses, business promotion expenses, etc. for any usages beyond purpose.

(1) Where a public official has been subjected to a compulsion or solicitation for an unfair performance of duties by a politician or a political party, etc., he shall deal with it after filing a report thereon with the head of an agency whereto he belongs or making a consultation with the officer responsible for the code of conducts.

(2) The head of an agency whereto he belongs who has received a report as referred to in paragraph (1) or the officer responsible for the code of conducts who has made a consultation shall take an adequate measure so as to have the relevant public official make a fair performance of duties.

(1) A public official shall not be allowed to have other persons make a solicitation to the person in charge of personnel affairs in order to effect an unjust influence concerning the personnel affairs, such as his own appointment, promotion and transfer, etc.

(2) A public official shall not be allowed to unjustly intervene in the personnel affairs of other public officials, such as the appointment, promotion and transfer, etc., by utilizing his position.

CHAPTER Ⅲ PROHIBITION, ETC. OF GIVING OR RECEIVING PROFITEERING

(1) A public official shall not be allowed to acquire an unjust profit or to have other persons acquire an unjust profit, by utilizing his position.

(2) A public official shall not be allowed to make the title of agency whereto he belongs or his own position utilized for the unjust profits of himself or others.

(1) A public official shall not be allowed to make any mediation, solicitation, etc. which impedes a fair performance of duties of other public officials, for an unjust profit of himself or others.

(2) A public official shall not be allowed to introduce a person related with duties to another person related with duties, for an unjust profit of himself or others.

(1) A public official shall not be allowed to make a property trade or an investment relating to the securities or immovables, etc. by utilizing the information coming to his knowledge in connection with a performance of his duties, or to commit any act of helping a property trade or an investment by offering such an information to other persons.

(2) The objects of restrictions on the trades utilizing the information related with duties as referred to in paragraph (1) shall be as follows:
- 1. Listing of stocks on the Securities Exchange or trades of the securities, such as the stocks of an enterprise expected to list its stocks within five years, by the public officials in charge of duties relating to the economic policies or enterprises, etc.;
- 2. Trades of immovables or investments by the public officials in charge of duties of the urban planning, urban development and constructions, etc.; and
- 3. Property trades or investments by the public officials in charge of the duties enabling to seek a property gain by utilizing the information relating to other duties.
(3) Where any judgment is ambiguous for the matters as referred to in paragraphs (1) and (2), a consultation shall be held in advance with the officer responsible for the code of conducts.

A public official shall not be allowed to use, without a justifiable ground, for private usage or to make profits from the public-owned objects, such as official vehicle, vessel, aircraft, residence, construction machinery, agricultural machinery and tool, experiment (test or measurement) apparatus, submerging equipment and stationery, etc.

(1) A public official shall not be allowed to receive any money, immovables, gifts and entertainment (hereinafter referred to as the "money, goods, etc.") from the person related with duties: Provided, That the same shall not apply to the cases falling under any of the following subparagraphs:

- 1. Money, goods, etc. offered under a justifiable title, such as a performance of obligations;
- 2. Frugal meal and conveniences, such as communications and transportation, etc. that are offered only in the inevitable cases of performing duties;
- 3. Transportation, lodging or foods that are uniformly offered by the sponsor to the participants in the official events related with duties;
- 4. Souvenir or public relations goods for a distribution to many unspecified persons;
- 5. Money, goods, etc. offered openly in order to help a public official who is under difficult situations due to disease, disaster, etc.; and
- 6. Other frugal gifts, such as flowers and souvenirs offered openly at an official event, for a smooth performance of duties.
(2) A public official shall not be allowed to receive any money goods, etc. from the public officials related with duties: Provided, That the same shall not apply to the cases falling under any of the following subparagraphs:
- 1. Cases falling under paragraph (1) 1 through 6;
- 2. Frugal gifts offered usually within the limit not exceeding 30,000 won;
- 3. Money, goods, etc. offered openly by the staff's friendly society;
- 4. Money, goods, etc. offered by the superior to the subordinates for the purpose of enhancing the morale; and
- 5. Where any staff retires, the gifts, such as flowers or souvenirs that are delivered by the staff members of the same department within 30,000 won per head.
(3) A public official shall not be allowed to receive any money, goods, etc. in connection with the duties at that time from a person who was once related with duties, or who was a public official related with duties; Provided, That the same shall not apply to the cases falling under any subparagraph of paragraphs (1) and (2):
(4) A public official shall make his spouse or lineal ascendants or descendants not receive the money, goods, etc., whose receipts are prohibited under the provisions of paragraphs (1) through (3).

CHAPTER Ⅳ CREATION OF SOUND CLIMATE IN PUBLIC OFFICES

(1) Where a public official makes a lecture, speech, presentation or debate, etc. (hereinafter referred to as the "external lectures, etc.") with prices paid, by participating in the seminar, public hearing, debates, presentation, symposium or educational course, etc. in excess of the total period of three months per year, or of four times per month (or eight hours per month), he shall file a report in the form of the attached paper No. 2 on the requester, reason for a request, venue, date and price with the head of agency whereto he belongs: Provided, That the same shall not apply to the cases where a permission has been obtained under the provisions of other statutes, or it has been related with a performance of duties.

(2) Where a public official makes the exterior lectures, etc. as referred to in paragraph (1), he shall not be allowed to receive the price in excess of the criteria that are usually applied by the requester of such an external lecture.
(3) Where a public official has received the price for external lectures, etc. in excess of half a million won per case, even in the cases of external lectures, etc. that are not subject to a report as referred to in paragraph (1), he shall file under the provisions of the text of paragraph (1) a report thereon with the head of an agency whereto he belongs.

(1) A public official shall not allowed to borrow any money from the person related with duties (excluding relatives - 8 - within a cousinship; hereafter in this Article, the same shall apply), or to rent gratuitously any immovables (including the case where the rental is significantly lower than market values, or in comparison with the trade practices): Provided, That the same shall not apply to the case where any money is borrowed under the ordinary conditions from a financial institution under Article 2 of the Act on Real Name Financial Transactions and Guarantee of Secrecy.

(2) Notwithstanding the provisions of the text of paragraph (1), a public official who intends to borrow any money from the person related with duties or to rent gratuitously any immovables due to inevitable situations, shall file a report thereon in the form of the attached paper No. 3 with the head of an agency whereto he belongs.

(1) A public official shall not be allowed to make a notice of congratulations or condolences to the person related with duties or the public officials related with duties: Provided, That the same shall not apply to the cases falling under any of the following subparagraphs:

- 1. Notice to the relatives;
- 2. Notice to the staff members belonging to the agency wherein they serve at present or served in the past; and
- 3. Notice through the newspapers or broadcasting.
(2) A public official shall not be allowed to give or to receive any money or goods for congratulations or condolences in excess of 50,000 won in connection with the congratulations or condolences: Provided, That the same shall not apply to the cases falling under any of the following subparagraphs:
- 1. Money or goods, etc. given or received between the public officials and relatives;
- 2. Money or goods, etc. related with the congratulations or condolences offered under the conditions as set in the articles of incorporation or regulations of the religious organization or friendship organization whereto the public officials themselves belong; and
- 3. Money or goods, etc. related with the congratulations or condolences given under the title of an agency whereto one belongs.

CHAPTER Ⅴ MEASURES AT TIME OF VIOLATION

(1) Where it is obscure whether or not this Rule was violated in the course of performing his duties, a public official - 9 - shall take measures after making a consultation with the officer responsible for the code of conducts.

(2) The officer responsible for the code of conducts shall take the required measures, such as an installation of excusive telephones or consultation rooms, etc. so as to make the consultations held smoothly pursuant to the provisions of paragraph (1).

(1) When a fact has come to be known that a public official violated this Rule, any person may file a report thereon with the head of an agency whereto the relevant public official belongs or the officer responsible for the code of conducts of the said agency: Provided, That with regard to the offenses committed by the head of an agency whereto one belongs, a report may be filed with the Corruption Prevention Committee.

(2) A person who files a report pursuant to the provisions of paragraph (1) shall indicate the personnel matters of himself and violators and the details of offenses in the form of the attached paper No. 4.
(3) The head of an agency and the officer responsible for the code of conducts who have received a report on offenses as referred to in paragraph (1) shall guarantee the secret with regard to the reporter and the details of report, and make sure that the reporter shall not be subjected to any disadvantages due to his report.
(4) The officer responsible for the code of conducts shall file a report with the head of an agency whereto one belongs, together with the data on vindications submitted by the relevant public official, after verifying the offenses reported under the provisions of paragraph (1).

Where a public official has been subjected to any disadvantages on account of the vindication, consultation or report as referred to in this Rule, he may request the head of an agency whereto one belongs or the officer responsible for the code of conducts to take a measure for guaranteeing his identity, such as the restoration of original status, transfer and correction, etc. with regard to the relevant unfavorable disposition in the form of the attached paper No. 5, and the head of an agency whereto one belongs or the officer responsible for the code of conducts who have received the said request shall take the required measures.

The head of an agency whereto one belongs who has received a report as referred to in Article 19 (4) may take the required measures, such as a demand for disciplinary measures, etc., when admitting that the relevant public official has violated this Rule.

(1) A public official who has been subjected to an offer of the money or goods, etc. violating the provisions of Articles 14 and 17 (2) shall promptly return to the offerer the part exceeding the said criteria or the money or goods, etc. prohibited from giving or receiving. In this case, the relevant public official may lodge claim against the head of an agency whereto one belongs for expenses for the return in the form of the attached paper No. 6.

(2) Where it is difficult to return since there exist concerns over a demolition, rotting, deterioration, etc. of the money, goods, etc. to be returned under the provisions of paragraph (1), or the offerer or his address is unknown, etc., they shall be promptly turned over to the head of an agency whereto one belongs or the officer responsible for the code of conducts.
(3) The money, goods, etc. turned over pursuant to paragraph (2) shall be disposed of under the criteria falling under any of the following subparagraphs:
- 1. The money, goods, etc. having no economic values due to a demolition, rotting or deterioration shall be destructed;
- 2. The money, goods, etc. having concerns over a demolition, rotting or deterioration shall be contributed to the facility of helping needy neighbors, etc. designated by the head of an agency whereto one belongs; and
- 3. With regard to other money, goods, etc. having monetary values, they shall be stated on the Busan Sibo (Busan Daily) and the City's homepages for 14 days, and if the offerer fails to appear within one year from the stated day, they shall be reverted to the City's treasury.
(4) With regard to the money, goods, etc. disposed of under the provisions of paragraph (3), the offerer, receiver, received money of goods, offer date and disposal particulars, etc. shall be recorded and managed in the form of the attached paper No. 7, and the related facts shall be notified to the offerer: Provided, That if the address of the offerer is unknown, the same may not be applied.

CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS

(1) The Mayor of the Busan Metropolitan City (hereinafter referred to as the "Mayor") shall formulate and execute the plans for education for the public officials to observe this Rule, and he shall implement the education at least once in a year.

(2) The Mayor shall implement the education relating to this Rule when he newly appoint the public officials.
(3) The Mayor may operate an educational course for this Rule at the educational institution under his command in order to implement the educations as provided in paragraphs (1) and (2).

(1) The officer responsible for the code of conducts to be placed in the Main Office of the City and the subordinate institutions shall be as follows:

- 1. Main Office of the City: Bureau Director in charge of auditing affairs; and
- 2. Headquarters of Fire Service, each Fire Station, Water Works Headquarters, Construction Headquarters: Heads of departments performing the audit functions.
(2) With regard to the agencies for which the officer responsible for the code of conducts as referred to in paragraph (1) has not been designated in view of their characters or business peculiarities, the officer responsible for the code of conducts in the Main Office of the City shall perform the affairs relating to this Rule.
(3) The officers responsible for the code of conducts shall be in charge of the education for this Rule, consultation, and inspection on whether or not being observed, with regard to the public officials of subordinate agencies.
(4) The officers responsible for the code of conducts shall not be allowed to divulge any secrets with regard to the details of consultations relating to this Rule.
(5) The officers responsible for the code of conducts shall maintain and manage the details of consultations in the form of the attached paper No. 8.

(1) (Enforcement Date) This Rule shall enter into force on the date of its promulgation.
(2) (Application Example concerning Report on External Lectures, etc.) The provisions of Article 15 shall apply to the case where the external lectures, etc. are conducted first after the enforcement of this Rule.
(3) (Application Example concerning Prohibition, etc. of Borrowing Money) The provisions of Article 16 shall apply to the case where any money is borrowed or the immovables are rented first after the enforcement of this Rule.

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Code of Conduct for Maintaining the Integrity of Public Officials of the Busan Metropolitan City