BUSAN METROPOLITAN CITY ORDINANCE ON THE PAYMENT OF REWARDS FOR REPORT ON CORRUPT ACTS
Ordinance No. 3968, Dec. 30, 2004
Amended by Ordinance No. 3984, Feb. 16, 2005
- Article 1 (Purpose)
- The purpose of this Ordinance is to contribute to the extirpation of corrupt acts of public officials, etc. of Busan Metropolitan City as well as to the promotion of anti-corruption in public service, by providing for matters necessary to pay rewards to other whistle-blowers who report those corrupt acts.
- Article 2 (Public Official to Be Paid Reward)
- A reward for a report on a corrupt act shall, if a
public official belonging to Busan Metropolitan City (hereinafter referred to as the "City") or an
officer or staff member of a local public enterprise established or financed by the City
(hereinafter referred to as a "public official") commits an act falling under any of the following
subparagraphs (hereinafter referred to as a "corrupt act"), be paid to other public officials who
report that act:
- 1. An act of receiving money, goods or entertainment in connection with his/her duties;
- 2. An act of making any unfair profit by taking advantage of his/her position or of causing any loss to the finance of the City due to a failure to fulfill his/her obligations; or
- 3. An act of recommendation or solicitation which is aimed at his/her own or others' profit and which causes any hindrance to the fair performance of duties of other public officials.
- Article 3 (Time-limit for Report)
- A report on a corrupt act referred to in Article 2 of this Ordinance shall be made during the period from the date of the corrupt act up to three months prior to the expiration of a discipline period under Article 73-2 of the Local Public Officials Act or regulations of the local public enterprise involved. [Amended by Ordinance No. 3984, Feb. 16, 2005]
- Article 4 (Method of Report)(1) A report on a corrupt act referred to in Article 2 shall be
submitted to the Audit and Inspection Bureau of the City.
- (2) A report referred to in paragraph (1) shall, in principle, be submitted in writing in accordance with the attached Form, but if the urgency of the situation so requires or there is any other difficulty in making such submission in writing, the report may be made by wire, e-mail or any other means and in this case, the written report shall, ex post facto, be submitted.
- (3) A written report on a corrupt act under paragraph (2) shall include the details of the corrupt act and shall be submitted, accompanied by required evidential materials.
- Article 5 (Protection of Public Official Making Report)
(1) The Audit and Inspection Bureau which
receives a report on a corrupt act referred to in Article 4 shall protect the confidentiality of the
personal information of a public official making the report and the contents thereof and ensure
that he/she is not subject to unfavorable treatment on account of the report.
- (2) In any case in which a public official makes a report on a corrupt act even though he/she knew or ought to have known that the contents of the report were false, he/she shall not be subject to the protection under paragraph (1).
- Article 6 (Payment of Reward) (1) Any public official to be paid a reward under Article 2 shall
be paid the reward in accordance with the standards for payment shown in the attached Table.
- (2) A reward referred to in paragraph (1) shall be paid in such a manner as to protect the confidentiality of the personal information of a public official making a report on a corrupt act, such as cash payment.
- Article 7 (Exclusion from Payment of Reward)
- A reward shall not be paid to a public official
making a report on those matters which fall under any of the following subparagraphs:
- 1. Matters the reported contents of which turn out to be false or which have already been reported;
- 2. Matters which are reported after the expiration of a time-limit for such report under Article 3;
- 3. Matters which the competent judicial or administrative organ, etc. has already known and begins investigating or inspecting or in which case the relevant disciplinary procedures, etc. are in progress or completed; or
- 4. Other matters which are made public through press reports, etc.
- Article 8 (Recovery)
- If rewards, which have already been paid, turn out to be those excluded from such payment under Article 7 thereafter, or if they have been wrongly paid due to any mistake, etc., all or part of them may be recovered, and the methods of such recovery shall be followed by referring to the practices of dispositions on imposition, collection and default of local taxes.
- ADDENDUM
- This Ordinance shall enter into force one month after the date of its promulgation.
- ADDENDUM [Ordinance No. 3984, Feb. 16, 2005]
- This Ordinance shall enter into force on the date of its promulgation.
