Kim Sung-hoon, vice minister of the Ministry of Personnel Management, briefs reporters at Government Complex Sejong on Wednesday on the proposed amendments to the proactive administration regulations. [Ministry of Personnel Management]
Kim Sung-hoon, vice minister of the Ministry of Personnel Management, briefs reporters at Government Complex Sejong on Wednesday on the proposed amendments to the proactive administration regulations. [Ministry of Personnel Management]

Civil servants who are criminally charged while carrying out their duties proactively will be able to receive legal fee support before their acquittal is finalized, under proposed rule changes announced Wednesday.

The Ministry of Interior and Safety and the Ministry of Personnel Management said Wednesday they will accept public comment on proposed amendments to the Local Civil Servant Proactive Administration Regulations and the Proactive Administration Regulations, respectively, through Sept. 28.

Proactive administration refers to cases in which civil servants interpret and apply laws flexibly from the public's perspective, or pursue creative and innovative ideas in the course of their work.

The amendments focus on reducing the legal burden civil servants may face when pursuing their duties proactively, and on establishing a more routine system of rewards for such efforts.

Under the proposals, local governments and individual ministries would each form a dedicated "proactive administration protection and support unit."

Each unit would be staffed by a proactive administration protection officer, dedicated employees, and both in-house and external lawyers. The units would handle legal consultations and litigation support, providing institutional-level assistance to civil servants facing investigations or lawsuits.

Upfront legal support for civil servants who face criminal complaints as a result of proactive work would also be strengthened.

Unless there is clear misconduct — such as negligence or passive administration — civil servants would be entitled to legal support, including lawyer fees, simply by applying. In criminal cases, attorney fees could be covered even after indictment and before a final acquittal ruling, ensuring the right to mount a defense is substantively guaranteed.

However, support costs would be recovered if a civil servant obtained assistance through false or fraudulent means, or if intentional wrongdoing or gross negligence is confirmed.

The amendments would also bar personnel penalties against civil servants solely on the grounds that their proactive efforts did not produce the expected results — a measure intended to prevent hesitation over new initiatives driven by fear of failure.

A mechanism would also be established allowing joint consultations and coordination when matters involve two or more local governments or ministries.

The role of proactive administration committees would be strengthened as well.

In addition to the civil servant directly responsible for a matter, a designated "proactive administration officer" would be able to request that the committee issue an opinion on its own authority, after hearing the views of the civil servant involved. Key committee decisions would in principle be made public, so that decision-making standards and best practices can be more widely shared.

A new provision prohibiting the disclosure of confidential information learned during committee proceedings would also be introduced.

In addition, the amendments would establish a legal basis for a "proactive administration mileage" system.

Beyond periodic rewards such as selecting outstanding civil servants, the system would allow ongoing efforts and achievements in day-to-day work to accumulate as mileage points redeemable for rewards such as bonus leave.

Full details of the proposed amendments are available in the Official Gazette and on the National Participation Legislative Center website.

Kim Min-jae, vice minister of the Ministry of Interior and Safety, said civil servants who work hard for the public should not face hardship out of fear of investigations or lawsuits. "We will build a public service culture in which civil servants who work proactively are firmly protected and properly rewarded for their efforts," he said.

Kim Sung-hoon, vice minister of the Ministry of Personnel Management, said the ministry would strengthen institutional protections so that civil servants committed to proactive work are not deterred by the burden of investigations or litigation. "We will create an environment for proactive administration in which decisions can be made swiftly and boldly, centered on the proactive administration committee," he said.


thlee@heraldcorp.com