Property Registration, Disclosure, and Examination
Property Registration, Disclosure, and Examination
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Property registration
Civil servants subject to property registration
Civil servants in political service at central and local governments, civil servants of Grade 4 or above (for certain services including audit and tax, all civil servants of Grade 5 and below are subject to property registration), judges and prosecutors, constitutional research officers at the Constitutional Court, presidents and deans of universities, military officers of the rank of colonel or above, heads and deputy heads of public agencies, executive officers of public service organizations, etc.
Types of property for registration
- ◈Property owned by a civil servant, his or her spouse and lineal ascendants and descendants
- -all property in actual ownership (regardless of the name registered), property contributed to a not-for-profit organization, property located in a foreign country, etc.
- ※Provided, lineal ascendants and descendants who are not dependents of the civil servant may refuse to register
- Ownership, superficies, and Jeonse rights in relation to real property
- Mining rights, fishery rights, and other rights to which real property regulations apply
- Cash (including checks), deposits, securities including stocks and public and private bonds, claims and debts of more than KRW 10 million by each owner
- Gold and platinum (including products made with gold and platinum) valued at more than KRW 5 million by each owner
- Gemstones, antiques, and artwork valued at more than KRW 5 million per item
- Memberships valued at more than KRW 5 million per membership
- Intellectual property rights yielding an annual income of KRW 10 million or more to owner
- Automobiles, construction machines, vessels, and aircraft
- Equity interest in general partnerships, limited partnerships, and limited liability corporations
- Stock options
Timing of registration
- (Initial registration) Property shall be registered by the end of the second month from the date a civil servant becomes subject to registration
- (Regular reporting) Any changes in property during the year are reported by the end of February of the following year
- (Non-regular reporting) Any updates are reported by the end of the second month following the registration date
- ◈Postponement and exemption for property registration
- -(Postponement) In case of secondment abroad, leaves of absence, assignment to diplomatic and consular operations abroad, etc., civil servants may postpone property registration for up to 3 years with approval from the head of relevant registration agency
- -(Exemption) In case of civil servant’s death, imprisonment, or declaration of disappearance, the head of the relevant registration agency may exempt the civil servant from regular reporting, exemption reporting and retirement reporting obligations with approval from the relevant ethics committee
Property registration agencies
- The National Assembly, the Supreme Court, the Constitutional Court, the National Election Commission, local governments, Office of Education of cities and provinces, etc.
- Relevant ministries, agencies, and administrations (including administrative agencies such as committees prescribed by Presidential Decree)
Property disclosure
Civil servants subject to property disclosure
Civil servants in political service at central and local governments, civil servants of Grade 1 or above, members of Grade A in the Senior Civil Service, judges higher than chief judges at a high court, public prosecutors higher than chiefs at the Supreme Prosecutors’ Office, military officers of the rank of lieutenant general or above, presidents, vice presidents, and deans of universities, heads of certain public service organizations, etc.
Timing and method of disclosure
- (Timing) The registered property is disclosed within 1 month following the due date of property registration (or report)
- (Method) Each civil service ethics committee discloses the registered property* of the civil servant under the committee’s jurisdiction
* The registered property or any changes to such property of the civil servant subject to disclosure, his or her spouse and lineal ascendants and descendants
Types of disclosure
- (Regular disclosure) Once a year (during March) if a civil servant has filed a regular report (as of December 31)
- (Non-regular disclosure) Once a month if a civil servant has filed a property registration for the first time or has retired
Property examination
Civil servants subject to property examination
- Civil servants whose property is disclosed: all (including civil servants in political service at central and local governments and civil servants of Grade 1 or above)
- Civil servants whose property is not disclosed: civil servants subject to property registration, excluding those subject to disclosure, selected by certain criteria
- Civil servants subject to examination by the Government Civil Service Ethics Committee
- Civil servants subject to property registration at central administrative agencies, executive officers and employees of public service organizations, heads of local governments (cities/provinces, cities/counties/districts), members of broad-area local governments (cities/provinces), civil servants of Grade 3 or above at local governments and the Offices of Education, etc.
Information examined
- Accuracy of property registration including false reporting, omission or misrepresentation
- Process of property accumulation including acquisition background and source of funds
Use of examination results
- The Civil Service Ethics Committee may issue warnings and corrective measures, impose penalties, make public announcements of false reporting in the advertisement section of a daily newspaper, or request a civil servant’s dismissal or disciplinary measures (Article 8-2 of the Civil Service Ethics Act)
- If a civil servant has acquired property by violating other laws or through illegal means, the Civil Service Ethics Committee may notify relevant organizations of such fact and request an investigation by the Minister of Justice