Government legislation ministry excludes guards from apartment reporting rule

The government legislation ministry said Friday that security guards and other workers in apartment complexes cannot directly report violations or request fact-finding investigations when resident councils interfere with management duties. Only certified apartment managers holding specific qualifications hold the authority to petition local mayors for inquiries under the Apartment Housing Management Act.

The ruling, issued July 24 in response to a public inquiry (case 26-0312), concluded that employees covered under Article 65-2 of the act fall outside the scope of the reporting provisions in Article 65. The ministry determined that the law intends to prevent corruption by empowering the single executive responsible for overall management operations.

"The 'apartment manager' subject to these protections refers specifically to those deployed with housing manager qualifications under Article 64, distinct from workers engaged in individual tasks," the legislation office stated. It added that if the law intended to grant guards direct investigation request powers, it would have included explicit provisions similar to those afforded to managers, which currently do not exist.

The decision rests on the structural distinction that managers serve as executive bodies commanding and overseeing all housing management operations, whereas guards perform individual assigned tasks. The law separately outlines protections for managers against undue interference, for workers against unlawful orders, and for housing management companies.

Employees retain the ability to report suspected corruption through the dedicated Apartment Housing Management Corruption Reporting Center if a manager neglects their duty to initiate an investigation. Guards remain protected from unlawful orders or instructions unrelated to their work under separate statutory clauses.