Seoul: The Ministry of Personnel Management announced on Tuesday its decision to revise a law that amends the "duty of obedience" clause for civil servants. This move marks a significant shift in the framework that has obligated civil servants to follow their superiors' orders since 1949.
According to Yonhap News Agency, the ministry plans to propose the amendment to the State Public Officials Act for public notice. The revision addresses growing concerns that the longstanding clause could compel public servants to adhere to illegal or unjust orders, a fear that intensified following former President Yoon Suk Yeol's martial law attempt in December last year.
The proposed changes will allow public officials to object to and refuse illegal instructions from their superiors. Moreover, they will be safeguarded against any negative repercussions for exercising this right. The ministry emphasizes that the amendment is designed to transition from a strict command-and-obedience system to one where decisions are made through dialogue and discussion. It further specifies that officials have a duty to reject unlawful supervision while fulfilling their roles in compliance with the law.
Additionally, the amendment proposes to extend the age limit for children of public officials eligible for parental leave from 8 years or younger to 12 years or younger.