Managing Conflict of Interest - Organisation for Economic Co ...

60 Managing Conflict of Interestwords, corruption occurs in conflict-of-interest situations, i.e., situationsinvolving conflicts between one’s duties as a public official andprivate interests as a private person. Therefore, to prevent corruption,anti-corruption policies and the tools to carry out these policiesmust help public officials to perform their duties without compromisingpublic interests in conflict-of-interest situations.Summary of the Republic of Korea’s Tools for Preventing Conflictof InterestThe Republic of Korea has developed several tools to addressconflict of interest in line with its anti-corruption policies. The primaryinstruments now in use include the Code of Conduct for PublicOfficials, registration and disclosure of personal assets of seniorpublic officials, post-employment restrictions, and the blind trustsystem. The code of conduct and post-employment restrictions arein force under the Anti-Corruption Act, while the Public Service EthicsAct outlines the parameters for the blind-trust system, the registrationof personal assets, and restrictions on the employment ofsenior public officials.Code of Conduct for Public OfficialsAll public officials of the Republic of Korea are obliged to complywith the Code of Conduct for Public Officials, which is legally bindingas a Presidential decree. This decree outlines behavioral guidelinesfor public officials to mitigate possible conflicts between public andprivate interests in performing their official duties. Guidance on howto cope with specific conflict-of-interest situations as well as specificrestrictions outlined in the Code are summarized below:Specific conflict-of-interest situations• When a public official gives his or her subordinate instructionsthat may hamper fair performance of public duties. Thesubordinate public official may refuse to follow the instructionsby communicating the reason to the superior official.• When a public official should consider it difficult to performhis or her duties in a fair manner because they are related tohis or her own private interest. The public official may avoidperforming the duties involving conflicts of interest.ADB/OECD Anti-Corruption Initiative for Asia and the Pacific