Reasons for Proposal
The Act on the Establishment and Management of Councils, Commissions and Committees under Administrative Agencies prescribes that where the head of an administrative agency establishes a committee necessary for cases that require a fair and objective deliberation and resolution, such as authorization or permission, dispute settlement, etc., which are related to the rights and obligations of the citizens, he/she shall take a measure necessary to stipulate matters concerning legal fiction of public officials for the purposes of penalty provisions for a non-public official committee member.
Since the Deliberation Committee on Information about Delayed Payment of Wages under the current Act determines matters related to public rights and obligations by deliberating whether to make public the personal data about a business owner in arrears, it is necessary to stipulate matters concerning legal fiction of public officials for the purposes of penalty provisions for a non-public official committee member to increase fairness and accountability of the Committee.
Accordingly, the Amendment aims to view even a non-public official committee member on the Deliberation Committee on Information about Delayed Payment of Wages as a public official for the purposes of penalty provisions for crimes against divulgence of official secrets and bribery-related crimes under the criminal law, thereby increasing his/her accountability (Article 43-2, paragraph 4 newly inserted).
Major Provisions
View even a non-public official committee member on the Deliberation Committee on Information about Delayed Payment of Wages as a public official for the purposes of penalty provisions for crimes against divulgence of official secrets and bribery-related crimes under criminal law (Article 43-2, paragraph 4 newly inserted).