Protection and Support for
Civil Servants
who Provide Proactive
Civil Services

Prior consultation

  • (Outline) In cases where a civil servant faces difficulties in providing proactive civil services due to strict regulations regarding authorization, permits, registration, reporting, etc. or ambiguity in interpretation of relevant regulations, the civil servant can request opinions from the audit body that presents a guideline for relevant tasks and other advice
  • (Procedures) Upon request from the civil servant's agency or department, the self-audit body within the agency conducts a prior consultation. If the matter subject to prior consultation is too complicated to be handled by the self-audit body, the agency requests a prior consultation from the Board of Audit and Inspection
  • (Benefits) Unless there are extraordinary circumstances, public duties performed in accordance with the opinions from the self-audit body or the Board of Audit and Inspection following prior consultation are deemed to meet the requirements* for exemption from disciplinary measures for exercising proactive administration
    * Identical matter was submitted for prior consultation, sufficient information shall be provided to the self-audit body or the Board of Audit and Inspection for prior consultation, and no private interests shall exist between the civil servant and his or her duties

Exemption from disciplinary measures for providing proactive civil services

◎Limitation on recourse claims
  • Exemption for civil servants subject to an audit by the Board of Audit and Inspection: unless caused by willful misconduct or gross negligence, civil servants subject to an audit by the Board of Audit and Inspection shall be exempt or mitigated if they have performed their duties in the interest of the public
  • Exemption for civil servants subject to a self-audit: unless caused by willful misconduct or gross negligence, civil servants subject to a self-audit shall be exempt or mitigated if they have performed their duties in the interest of the public
  • Request for exemption by the proactive administration Committee: at the request of a civil servant subject to an audit by the Board of Audit and Inspection as a result of proactive civil services, the proactive administration Committee can request exemption from responsibility from the Board of Audit and Inspection under Article 34-3 of the Board of Audit and Inspection Act
◎Exemption from disciplinary measures
  • Exemption from decision-making on disciplinary measures, etc.: unless a civil servant’s action is caused by willful misconduct or gross negligence, duties performed in the course of proactive civil services are exempt from decision-making on disciplinary measures or disciplinary penalties
  • Duties performed in accordance with the guidelines from prior consultation are exempt from disciplinary measures
  • Duties performed in accordance with the opinions from the proactive administration Committee are exempt from disciplinary measures

Support for civil servants who provide proactive civil services

◎Limitation on recourse claims
  • Prosecutors' offices at each level must review if a claim for losses is the result of proactive civil services when determining if the claim requires the exercise of recourse
◎Support for litigation, etc.
  • If a civil servant is involved in a civil lawsuit or under criminal investigation or subject to an accusation (prior to indictment) as a result of proactive civil services, his or her agency provides necessary support such as the appointment of attorneys
  • If a civil servant is involved in a lawsuit, his or her agency provides support for litigation fees, including attorney costs, and compensation for losses, through civil servant liability insurance coverage