Definition of active administration
An act wherein a public official actively handles affairs based on creativity and expertise for public interest, such as improvement of unreasonable regulations
- Legal grounds: Article 2 (Definition) of the Regulations on Active Administration Operation (Presidential Decree). Item 1. "Active Administration" refers to the act of public officials actively processing tasks based on creativity and expertise for public interest, such as improving unreasonable regulations.
Criteria for judging active administration
① Acts of promoting public interest
- Referring to acts carried out to promote public interest, such as promotion of public benefits, resolution of public inconvenience, revitalization of the economy, and improvement of administrative efficiency
- There should be no personal interest involved. Personal interest is deemed to be involved when committing acts of intervening in interests, arrangement, solicitation, receipt of money, entertainment, etc.
② Acts based on creativity and professionalism
- Creativity: Means the characteristic of coming up with new ideas from a different perspective
- Expertise: Refers to the knowledge, experience, and competence required to do the job well
- ③ Active Act
- Means an act of handling a work with more than the usual required amount of effort or attention
- It also carries the meaning of taking the initiative in solving problems based on passion for work
- Judgment should be made on the degree of effort or attention by compiling various circumstances based on the time of work implementation, not the time when the result has been obtained as a result of the action
④ The act itself, not the result of an act, is the basis of judgment
- Active administration is applicable if the government actively makes its best efforts to promote public interest.
- Active administration focuses on the act itself; it is not limited to cases wherein the processing of work has a positive effect.
Target range of active administration
Targets all government policies, such as provision of public goods and services, regulatory innovation, and all manners and actions wherein public officials perform their duties
Active administration type (example)
- An act of doing one's best by putting more than one's usual required effort or duty of care
- An act of finding the best possible way to handle a work without repeating the work practice
- An act of finding and implementing new policies preemptively in response to new administrative demands or changes in the administrative environment
- An act of actively coordinating understanding in a situation wherein there is conflict of interest
Aspects of interpretation and application of regulations
- An act of self-improving unreasonable regulations, procedures and practices
- An act of actively interpreting and applying regulations in accordance with an environmental change, such as development of new technology;
- An act of pursuing a task by seeking a possible solution, even though regulations and procedures are not in place.
Definition of passive administration
An act that infringes on the right and interest of the people or causes loss in national finance, such as negligence or neglect of duty of a public official;
- Legal grounds: Article 2 (Definition) of the Regulations on the Operation of Active Administration (Presidential Decree). Item 2. "Passive Administration" means an act that causes a public official to infringe on the right of the people or cause loss of national finance with a passive work attitude, such as nonperformance or neglect of duty.
Types of passive administration and criteria for judgment (example)
|Definition and basis of judgment
|Makeshift and convenient
A behavior of not trying to solve a problem, handling it poorly instead with makeshift formality
A behavior of neglecting or failing to perform a given task without justifiable reason
Despite changes in statutes, guidelines, etc., the behavior of handling affairs in accordance with past regulations or following existing unreasonable business practices
|Other public office-oriented administration
The behavior of improperly handling affairs using the authority of duty or arbitrarily handling only for one's organization or interest, not for the benefit of the people