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The Guidelines for the Establishment of a Clean Politics Advisory Committee

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  • Last updated:2018-11-01
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Full guidelines stipulated and promulgated in Official Letter No. 1000600023 issued by the Agency Against Corruption, Ministry of Justice, on August 1, 2011, effective as of July 20, 2011 1.These Guidelines were formulated to carry out the regulations set forth in Paragraph 1, Article 5 of the Organic Act of the Agency Against Corruption, Ministry of Justice. 2.The responsibilities of the Clean Politics Advisory Committee (hereinafter referred to as the “Committee”) of the Agency Against Corruption, Ministry of Justice (hereinafter referred to as the “Agency”) are as follows: (a)Appraisal of intelligence filed by the Agency for reference and provision of consultation and advice with regard to handling and time frames. (b)Provision of consultation and advice with regard to audits and inspections carried out by this Agency. (c)When persons involved in cases investigated by this Agency are acquitted in court, the Committee may analyze the reasons for the acquittal in accordance with the needs of the Agency and provide consultation and advice for investigation of similar cases in the future. (d)Provision of consultation and advice with regard to other anti-corruption and integrity related matters in accordance with the needs of this Agency. 3.This Committee shall be comprised of 11-15 members to be appointed by the Minister of the Ministry of Justice; the AAC Director-General and Deputy Director-General shall serve concurrently as the convener and deputy convener of the committee. The remaining committee members shall be appointed as follows: (a)Director of the Department of Prosecutorial Affairs of the Ministry of Justice or a dispatched representative. (b)Representative dispatched by the competent authority as defined in the Government Procurement Act. (c)Representative dispatched by the National Audit Office. (d)Experts and scholars with expertise and experience in the fields of law, finance, engineering, medical care, and building management or representatives of related agencies. (e)Impartial citizens. The aforementioned experts, scholars, and impartial citizens shall constitute at least 50% of the total committee membership and the gender ratio shall not be less than 1/3. Committee members are appointed for a term of two years and may serve consecutive terms. When members represent government agencies, they shall serve only as long as they hold their respective positions. Where members are unable to complete their terms of office, a replacement may be appointed for the remainder of the uncompleted original term. 4.The Executive Secretary of this Agency shall serve concurrently as the Executive Secretary of the Committee. He/she shall manage committee affairs as ordered by the convener. 5.Committee meetings shall be convened every three months by the convener who also serves as chairman. Ad-hoc meetings may be convened at any time if deemed necessary. When the convener is unable to attend, the deputy convener shall serve as acting chairman. When both the convener and deputy convener are unable to attend, the committee members in attendance shall elect an acting chairman from among themselves. The aforementioned decisions shall require approval by a majority of the committee members in attendance and a quorum of over 50% of the membership. In case of a tied vote, the chairman shall have the final decision right. Committee members shall personally attend meetings. Attendance by proxy shall not be permitted. Written opinions may be submitted where committee members are unable to attend in person. Relevant units or personnel may be invited to attend meetings to provide consultation, statements, or reports. Committee members shall excuse themselves from reviews or decisions where cases/incidents involve said members, their spouses, ex-spouses, relative by blood within four generations, relatives by marriage within three generations and sharing property or agencies they serve in, or other concrete evidence that members living together indicates the danger of bias in the execution of duties. All committee members, service personnel, invited units, and attending personnel shall maintain strict confidentiality with regard to meeting discussions and resolutions. 6.Committee members shall not receive salaries or compensation for their services. 7.The Agency shall allocate budgets to cover all expenses of this Committee. 8.Committee resolutions and matters to be executed shall be handled under the name of this Agency.
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