A Study on the Application of the prevention of conflict of interest related to duties of public servants Act in Provincial Autonomous Police Commissions.

Abstract

This study analyzed how the prevention of conflict of interest related to duties of public servants Act, implemented since 2022, applies to the City and Provincial Autonomous Police Commissions—the core bodies of the autonomous police system—to explore ways to institutionally strengthen integrity and fairness within the police organization. the Act serves as a key mechanism to prevent public officials' private interests from distorting public decision-making and to preemptively block corruption. It stipulates various obligations, including reporting private interests related to duties, restrictions on hiring family members, limitations on direct contracts, and prohibitions on using official secrets. However, the scope of application and legal status of the Act for high-ranking public officials, such as the chairperson and standing members of Commissions, remain unclear. Specifically, whether the concept of “affiliation of Senior Officials” should be limited to the Commissions unit or extended to the entire local government emerged as a key issue determining the scope of the family hiring restrictions and direct contract restrictions. This study concluded that, considering the legal framework and the intent of the system, interpreting the ‘affiliation’ of Senior Officials on the Commissions as being with the police is reasonable. This reflects the status of the chairperson, who substantively commands and supervises autonomous police affairs. Furthermore, whether appointing a high-ranking public official as a member of another commissions constitutes a negotiated contract also causes practical confusion. While the Anti-Corruption and Civil Rights Commission views the appointment of advisory and deliberative the commissions members as private contracts, this study argues that appointments based on statutes are not mere private law contracts but possess the nature of public law contracts or administrative acts, and thus cannot be regarded as ordinary private contracts. This signifies that, as a public law relationship for fulfilling administrative purposes, the principle of realizing public interest should take precedence over the principle of contractual freedom. In conclusion, to enhance the effectiveness of the Act, first, the concept of ‘affiliation’ must be clearly defined based on substantive command and supervision relationships. Second, prior screening and restriction mechanisms must be established for the appointment of Senior Officials from the Autonomous Police Commission to other commissions. Only when the fairness and integrity of the autonomous police system are secured can its original purpose—the decentralization of police power and democratic control—be substantively realized.