Park Yong-su, deputy minister of the Ministry of Personnel Management, briefs reporters on November 25 at the Government Complex Seoul about the proposed amendments to the National Public Officials Act. The revisions include abolishing the duty of obedience for civil servants, raising the age limit for children eligible for parental leave, and creating a new leave category for infertility treatment. (Yonhap)
SEOUL, Nov. 25 (Korea Bizwire) — South Korea is preparing to abolish a decades-old legal requirement obligating civil servants to obey orders from their superiors, a cornerstone of the country’s bureaucratic culture since 1949.
The move marks one of the most significant shifts in public-sector governance in more than half a century.
The Ministry of Personnel Management and the Ministry of the Interior and Safety announced on Nov. 25 that they will submit amendments to the National Public Officials Act and the Local Public Officials Act, replacing the so-called “duty of obedience” with a more flexible framework emphasizing lawful supervision rather than blanket compliance.
The clause, established in the immediate post-liberation era and preserved through successive reforms, has long been justified as a tool for maintaining efficiency and uniformity within government organizations.
Yet critics increasingly argued that the rule could compel officials to carry out improper or even unlawful orders. Concerns intensified after last December’s emergency martial-law controversy, prompting renewed calls for safeguards against abusive directives.
Civil servants at Seoul Government Complex. (image: Yonhap)
During a parliamentary audit last month, Personnel Management Minister Choi Dong-seok signaled the government’s intention to overhaul the system, saying civil servants must be “loyal to the public, not bound by a culture of command and control.”
Under the draft amendments, the phrase “duty of obedience” would be replaced with “duty to follow supervision and guidance.” Civil servants would gain the right to express objections to instructions related to their duties and, in cases they deem unlawful, to refuse compliance without fear of retaliation. The proposals also explicitly prohibit any disadvantage resulting from such refusals.
The bill further revises the existing “duty of diligence,” redefining it as an obligation to comply with the law and faithfully perform duties as “servants of the entire population.”
Officials say the reform aims to shift the bureaucracy away from hierarchical control toward a culture grounded in dialogue, reasoning and legal accountability. But some experts warn that ambiguity in determining what constitutes an “unlawful” order could delay decision-making or lead to internal disputes.
Officials from the National Firefighters’ Chapter of the Korean Government Employees’ Union hold a press conference on November 5 on the steps of the main National Assembly building in Yeouido, Seoul, urging President Lee Jae Myung to engage in dialogue with frontline firefighters. Since April 1, 2020, all firefighters in Korea have been classified as national civil servants and fall under the category of special-service public officials. (Yonhap)
A ministry official said detailed guidelines will be issued through presidential decrees and regulations, alongside expanded training to help civil servants navigate the revised framework. “We expect less confusion, not more,” the official said, arguing that clarifying the right to refuse illegal directives will enhance — rather than hinder — administrative integrity.
The amendments are expected to take effect next year following parliamentary deliberation.
The bill also includes a set of broader personnel reforms. The age limit for children eligible for parental leave will rise from 8 to 12, and infertility leave will be introduced as a separate category that must be granted except under extraordinary circumstances.
In response to growing public concern over sexual misconduct, the statute of limitations for disciplinary action in cases involving stalking or distribution of obscene materials will expand from three to ten years, and victims will be allowed to receive official notification of disciplinary outcomes.
“These changes are essential to creating an environment where civil servants can work with conviction,” Minister Choi said, adding that such reforms are fundamental to improving public service and the quality of government policy.
A view of the Central Education Training Institute, an educational training institution under the Ministry of Education.(Yonhap)
M. H. Lee (mhlee@koreabizwire.com)
