Managing Conflict of Interest - Organisation for Economic Co ...
Managing Conflict of Interest - Organisation for Economic Co ... Managing Conflict of Interest - Organisation for Economic Co ...
62 Managing Conflict of InterestRestrictions on Employment of Retired Public OfficialsPost-employment restrictions aim to prevent cases in which apublic official, while performing his or her duties, provides favors toany private sector enterprise in return for future employment. However,such restrictions have been carefully applied in limited casesto avoid interfering with an individual’s freedom or right to choosehis or her own profession.According to the Public Service Ethics Act, after a Grade 4 orhigher public official retires, he or she will face a two-year restrictionon employment at for-profit private enterprises. This restrictionalso applies to legal persons that are related to the areas of servicewhere he or she worked for three years leading up to retirement.Additionally, the Anti-Corruption Act stipulates that if a publicofficial is dismissed for corrupt conduct, he or she will face a five-yearrestriction on employment at public sector organizations as well asprivate sector enterprises. Similarly, this restriction also applies tolegal persons related to the areas of work where he or she workedfor three years right before the dismissal.Enforcement of the Blind-Trust SystemIn addition to the asset registration and disclosure system, somepublic officials are subject to the blind-trust system, which has beenin force since June 2006. According to this system, high-ranking officialsof Grade 4 or higher who work in the Ministry of Finance andEconomy or other financial authorities and own stocks worth 30 millionwon (USD30,000) or more are required to either sell their stocksor put them in bank trust accounts.ConclusionIn recent years, international organizations such as the UN andOECD have shared their assessments of the implementation ofinternational anti-corruption instruments, thus helping to establishglobal consensus on combating corruption. Governments now viewfighting corruption not merely as the “right thing to do” but as thekey to survival in an increasingly competitive global environment.The current Korean administration has also worked hard to prioritizethe eradication of corruption in its country. The Republic of Korearecognizes that it must root out corruption not only to establish aADB/OECD Anti-Corruption Initiative for Asia and the Pacific
Learning from Case Studies 63culture of integrity but to increase its competitiveness and standingin the international community. For these compelling reasons,stronger efforts should be made to ensure that public officials meetthe higher expectations of ordinary citizens, and that people haveconfidence in the integrity of public service. The Government isacutely aware that its conflict-of-interest policies will prove moreeffective and fruitful only if all sectors of society encourage, monitor,and assess the implementation of these policies.ADB/OECD Anti-Corruption Initiative for Asia and the Pacific
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62 <strong>Managing</strong> <strong><strong>Co</strong>nflict</strong> <strong>of</strong> <strong>Interest</strong>Restrictions on Employment <strong>of</strong> Retired Public OfficialsPost-employment restrictions aim to prevent cases in which apublic <strong>of</strong>ficial, while per<strong>for</strong>ming his or her duties, provides favors toany private sector enterprise in return <strong>for</strong> future employment. However,such restrictions have been carefully applied in limited casesto avoid interfering with an individual’s freedom or right to choosehis or her own pr<strong>of</strong>ession.According to the Public Service Ethics Act, after a Grade 4 orhigher public <strong>of</strong>ficial retires, he or she will face a two-year restrictionon employment at <strong>for</strong>-pr<strong>of</strong>it private enterprises. This restrictionalso applies to legal persons that are related to the areas <strong>of</strong> servicewhere he or she worked <strong>for</strong> three years leading up to retirement.Additionally, the Anti-<strong>Co</strong>rruption Act stipulates that if a public<strong>of</strong>ficial is dismissed <strong>for</strong> corrupt conduct, he or she will face a five-yearrestriction on employment at public sector organizations as well asprivate sector enterprises. Similarly, this restriction also applies tolegal persons related to the areas <strong>of</strong> work where he or she worked<strong>for</strong> three years right be<strong>for</strong>e the dismissal.En<strong>for</strong>cement <strong>of</strong> the Blind-Trust SystemIn addition to the asset registration and disclosure system, somepublic <strong>of</strong>ficials are subject to the blind-trust system, which has beenin <strong>for</strong>ce since June 2006. According to this system, high-ranking <strong>of</strong>ficials<strong>of</strong> Grade 4 or higher who work in the Ministry <strong>of</strong> Finance andEconomy or other financial authorities and own stocks worth 30 millionwon (USD30,000) or more are required to either sell their stocksor put them in bank trust accounts.<strong>Co</strong>nclusionIn recent years, international organizations such as the UN andOECD have shared their assessments <strong>of</strong> the implementation <strong>of</strong>international anti-corruption instruments, thus helping to establishglobal consensus on combating corruption. Governments now viewfighting corruption not merely as the “right thing to do” but as thekey to survival in an increasingly competitive global environment.The current Korean administration has also worked hard to prioritizethe eradication <strong>of</strong> corruption in its country. The Republic <strong>of</strong> Korearecognizes that it must root out corruption not only to establish aADB/OECD Anti-<strong>Co</strong>rruption Initiative <strong>for</strong> Asia and the Pacific