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During the period in which the National Anti-Corruption Commissioner vacates
office prior to the expiration of term and a National Anti-Corruption Commissioner has not
yet been appointed to fill the vacancy, the remaining Commissioners may continue to
perform duties, unless the number of the remaining Commissioners is fewer than five
persons.
Section 234. The National Anti-Corruption Commission has the duties and
powers as follows:
(1) to conduct an inquiry and prepare opinion in case where there is an
accusation that a person holding a political position, a judge of the Constitutional Court, a
person holding a position in an Independent Organ or the Auditor-General is involved in
circumstances of unusual wealth, commits an act of corruption, or deliberately performs
duties or exercises powers in contrary to the provisions of the Constitution or the law, or
seriously contravenes or fails to comply with the ethical standards, for further proceeding in
accordance with the Constitution or the Organic Act on Anti-Corruption;
(2) to conduct an inquiry and decide whether a State official is unusually
wealthy, has committed an offence of corruption, or malfeasance in public office or
malfeasance in judicial office, for further proceeding in accordance with the Organic Act on
Anti-Corruption;
(3) to require persons holding political positions, judges of the Constitutional
Court, persons holding positions in the Independent Organs, the Auditor-General and State
officials to submit an account showing particulars of assets and liabilities of themselves,
spouse and children who have not yet become sui juris, and to inspect and disclose the
results of the inspection of such accounts, in accordance with the Organic Act on AntiCorruption;
(4) other duties and powers provided by the Constitution or the laws.
In the performance of duties under (1), (2) and (3), it shall be the duty of the
National Anti-Corruption Commission to provide a measure or guideline that will enable
efficient, prompt, honest and just performance of duties. In case of necessity, the National
Anti-Corruption Commission may entrust the State agency whose duties and powers are
related to the prevention and suppression of corruption to act on its behalf for the matter
other than that of a serious offence or an act of a State official in certain level, or require
competent officials of the secretariat of the National Anti-Corruption Commission to conduct
preliminary investigation or inquiry in accordance with the rules, procedures and conditions
prescribed in the Organic Act on Anti- Corruption.
Section 235. Subject to section 236, in the case where there is reasonable
ground to suspect or there is an accusation that any person holding certain political
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