Educational Officials Act


Published: 2011-05-19

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CHAPTER Ⅰ GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to provide for special cases concerning the State Public Officials Act and the Local Public Officials Act applicable to public educational officials in terms of qualifications, appointment, remunerations, education and training, status guarantee, etc., by taking account of the unique characteristics of their duties and responsibilities that serve the entire nation through education. <Amended by Act No. 5207, Dec. 30, 1996; Act No. 8889, Mar. 14, 2008>
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 Article 2 (Definitions)   print
(1) The term "public educational official" as used in this Act means any person who falls under any of the following subparagraphs: <Amended by Act No. 4009, Apr. 6, 1988; Act No. 6211, Jan. 28, 2000>
1. Teaching staff or teaching assistants working for educational institutions;
2. Supervisory officials or school inspectors working foreducational administrative agencies;
3. Educational researchers or educational research workers working for educational institutions, educational administrative agencies, or educational research institutes.
(2) The term"educational institution" as used in this Act means a national or public school or institution which falls under any of the following subparagraphs: <Amended by Act No. 4620, Dec. 27, 1993; Act No. 6211, Jan. 28, 2000; Act No. 7120, Jan. 29, 2004; Act No. 8889, Mar. 14, 2008>
2. Training institutes under Article 39 (1);
3. Educational training institutes established under Acts and subordinate statutes concerning education, such as student training institutes.
(3) The term "educational administrative agency" as used in this Act means the Ministry of Education, Science and Technology, its affiliated organizations, and the government offices of education of the Seoul Special Metropolitan City, a Metropolitan City, or a Do (hereinafter referred to as "City/Do"). <Amended by Act No. 4009, Apr. 6, 1988; Act No. 4268, Dec. 27, 1990; Act No. 4347, Mar. 8, 1991; Act No. 4620, Dec. 27, 1993; Act No. 5065, Dec. 29, 1995; Act No. 6400, Jan. 29, 2001;Act No. 8852, Feb. 29, 2008>
(4) The term "educational research institute" as used in this Act means an ational or public institution established for conducting professional investigations and research on education.
(5) The term "appointment" as used in this Act means new employment, promotion, promotion to a higher grade, change of post, transference, holding of two or more positions concurrently, dispatch, demotion, temporary retirement from office, cancellation of official position, suspension, reinstatement, discharge, removal from office, or dismissal.
(6) The term "position" as used in this Act means duties and responsibilities which can be granted to a public educational official.
(7) The term "change of post" as used in this Act means an employment which changes the classification and qualification of a public educational official.
(8) The term "transference" as used in this Act means an employment which changes one's place of work or department under the same position and qualification of a public educational official.
(9) The term "reinstatement" as used in this Act means a return to the former position of a public educational official who is in temporary retirement from office, in cancellation of official position, or in suspension.
(10) The term "demotion" as used in this Act means an assignment to a lower position within the duties of the same kind.
CHAPTER Ⅱ PERSONNEL COMMITTEE OF PUBLIC EDUCATIONAL OFFICIALS
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 Article 3 (Establishment of Personnel Committee)   print
(1) In order to respond to requests for consultation bythe Minister of Education, Science and Technology on important matters concerning the personal affairs of public educational officials (excluding public educational officials working forpublic universities; hereafter the same shall apply through Article 4), there shall be established a personnel committee of public educational officials (hereinafter referred to as "personnel committee") within the Ministry of Education, Science and Technology. <Amended by Act No. 4268, Dec. 27, 1990; Act No. 5207, Dec. 30, 1996; Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008>
(2) The personnel committee shall be comprised of seven members, including one chairperson.
(3) The Vice Minister of Education, Science and Technology shall assume the chairmanship of the committee, and other members shall be commissioned by the President, with the recommendation of the Minister of Education, Science and Technology, from among those who have seven years or more of teaching experience or educational administration experience and have considerable knowledge in personnel administration. <Amended by Act No. 4268, Dec. 27, 1990; Act No. 4841, Dec. 31, 1994; Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008>
(4) Matters necessary for the operation of the personnel committee shall be prescribed by Presidential Decree.
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 Article 4 (Functions of Personnel Committee)   print
The Minister of Education, Science and Technology shall refer the following matters to the personnel committee for deliberation: <Amended by Act No. 4268, Dec. 27, 1990; Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008>
1. Matters concerning decisions on policy and criteria for the personnel administration of public educational officials and the formulation of a basic plan;
2. Matters concerning enactments, alterations, and abolitions of Acts and subordinate statutes on the personnel affairs of public educational officials;
3. Other important matters concerning the personnel affairs of public educational officials.
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 Article 5 (University Personnel Committee)   print
(1) A personnel committee (hereinafter referred to as "university personnel committee") shall be established within a university (including industrial colleges, teachers' colleges, junior colleges, and correspondence colleges, but excluding colleges forming part of a university; hereinafter the same shall apply) in order to deliberate on approvals for assignment to the vice president of the university, head of a graduate school, or dean of a college and approvals for the appointment of professors, associate professors, assistant professors, or full-time lecturers as well as other important matters concerning the personal affairs of other teaching staff of the university. <Amended by Act No. 4620, Dec. 27, 1993; Act No, 5207, Dec. 30, 1996; Act No. 6211, Jan. 28, 2000>
(2) Necessary matters concerning the organization, functions, and operation of a university personnel committee shall be determined by Presidential Decree: Provided, That members exceeding a specified percentage of the total members of the committee shall be females. <Amended by Act No. 6932, Jul. 25, 2003>
CHAPTER Ⅲ QUALIFICATIONS
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 Article 6 (Qualifications of Teachers)   print
Teachers shall have qualifications under Article 21 (2) of the Elementary and Secondary Education Act. <Amended by Act No. 6211, Jan. 28, 2000; Act No. 8889, Mar. 14, 2008>
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 Article 7 (Qualifications of Principals, Deputy Principals, etc.)   print
Principals, deputy principals, and the heads or supervisors of children's educational institution shall have qualifications under Article 21 (1) of the Elementary and Secondary Education Act. <Amended by Act No. 6211, Jan. 28, 2000; Act No. 8889, Mar. 14, 2008>
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 Article 8 (Qualifications of Professors, etc.)   print
Professors, associate professors, assistant professors, full-time lecturers, and teaching assistants shall have qualifications under Article 16 of the Higher Education Act. <Amended by Act No. 6211, Jan. 28, 2000; Act No. 8889, Mar. 14, 2008>
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 Article 9 (Qualifications of Educational Expert Officials)   print
Supervisory officials, educational researchers, school inspectors, and educational research workers shall meet qualification requirements as given in attached Table 1.<Amended by Act No. 4009, Apr. 6, 1988; Act No. 8889, Mar. 14, 2008>
CHAPTER Ⅳ APPOINTMENT
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 Article 10 (Principles of Appointment)   print
(1) Public educational officials shall be appointed according to their qualifications, results of retraining, performance, and the actual proof of other capabilities.
(2) In appointing public educational officials, equal opportunities for appointment shall be given to those who are qualified as teachers and desire to be appointed, based ontheir capabilities. <Newly Inserted by Act No. 4348, Mar. 8, 1991>
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 Article 10-2 (Foreign Faculty Members)   print
A university may appoint foreigners as its faculty members for teaching or research purposes.
[This Article Newly Inserted by Act No. 5717, Jan. 29, 1999]
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 Article 10-3 (Restriction on Recruitment)   print
(1) Teaching staff under this Act (including short-term teaching staff under Article 32), private school teaching staff under the Private School Act (including short-term teaching staff under Article 54-4 of the Private School Act), instructors, etc. under Article 23 of the Early Childhood Education Act, or educational-industrial teachers under Article 22 of the Elementary and Secondary Education Act, who are dismissed or discharged from their office or sentenced to imprisonment without prison labor or heavier punishment (including persons for whom the period of suspension of execution has passed since the suspension of the execution of their punishment as declared by a court) due to any reason falling under any of the following subparagraphs, shall not be newly or specially recruited as teaching staff of each level of school not higher than high school; Provided, That this shall not apply where the disciplinary committee for public educational officials under Article 50 (1) passes a resolution that any such person is capable of performing his/her duties as a member of teaching staff, in consideration of the degree of his/her self-examination, etc.:<Amended by Act No. 10258, Apr. 15, 2010: Act No 10634, May 19, 2011>
1. Sexual crimes under Article 2 of the Act on Special Cases concerning the Punishment, etc. of Victims of Sexual Crimes;
2. Receipt of money and valuables;
3. Wrongful acts related with students' school grades, such as leaking test questions, manipulating school grades, etc.;
4. Physical violations against students.
(2) Resolutions by the disciplinary committee for public educational officials under the proviso to paragraph (1) shall require the attendance of not less than two thirds of the incumbent members and the consent of a majority of those present.
[This Article Newly Inserted by Act No. 8889, Mar. 14, 2008]
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 Article 11 (New Recruitment of Teachers, etc.)   print
(1) Teachers shall be newly hired through an open screening process. <Amended by Act No. 4304, Dec. 31, 1990>
<This paragraph is amended by Act No. 4304, promulgated on December 31, 1990, pursuant to the decision of inconsistency with the Constitution by the Constitutional Court on October 8, 1990>
(2) With regard to an open screening process under paragraph (1), age limits and other qualification requirements for performing relevant duties, and other matters required for conducting an open screening process, such as the procedure, methods and evaluation elements thereof shall be determined by Presidential Decree. <Amended by Act No. 4348, Dec. 31, 1994; Act No. 7223, Oct. 15, 2004>
(3) Deleted. <by Act No. 5717, Jan. 29, 1999>
(4) In recruiting new faculty members, universities shall avoid the predominance of those candidates who have acquired bachelor's degrees from a specific university, and the detailed recruitment ratio of such appointees shall be determined by Presidential Decree.<Newly Inserted by Act No. 5717, Jan. 29, 1999>
(5) If a university is to recruit new faculty members, candidates for such positions shall go through an objective and fair screening process by a group of examiners appointed or commissioned by the university. <Newly Inserted by Act No. 5717, Jan. 29, 1999>
(6) Methods of the appointment or commissioning of examiners as provided for in paragraph (5), steps and methods of screening, and other necessary matters for screening shall be determined by Presidential Decree. <Newly Inserted by Act No. 5717, Jan. 29, 1999>
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 Article 11-2 (Additional Points in Examination for Service)   print
In an open screening process conducted under Article 11 (1), the appointment authority may give applicants as provided for in attached Table 2 additional points within the limit of 10/100 of the full marks of the primary examination.
[This Article Newly Inserted by Act No. 7223, Oct. 15, 2004]
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 Article 11-3 (Appointment on Contract Basis, etc.)   print
(1) Faculty members of a university may be appointed on such specified terms as service period, salary, conditions of employment, and agreement on achievements and work performance, as prescribed by Presidential Decree.
(2) In the case of expiration of the appointment period of a teacher appointed as prescribed in paragraph (1), the appointment authority shall notify, in writing (referring to a notification in writing; hereafter in this Article the same shall apply), the relevant teacher of the fact that his/her appointment period is to expire and that he/she may apply for a review for reappointment by not later than four months before the expiration date of such appointment period. <Newly Inserted by Act No. 7353, Jan. 27, 2005>
(3) Where the teacher in receipt of a notification pursuant to paragraph (2) intends to be reappointed, he/she shall file an application for a review for reappointment with the appointment authority within 15 days from the date of receiving the notification.<Newly Inserted by Act No. 7353, Jan. 27, 2005>
(4) The appointment authority in receipt of an application for review for reappointment as prescribed in paragraph (3) shall make a decision on whether or not the relevant teacher is to be reappointed after a review for reappointment by the university personnel committee, and notify the relevant teacher of the fact by not later than two months before the expiration date of the appointment period. In such cases, when the authority decides not to reappoint the relevant teacher, such notification shall be made clearly, stating the intention not to reappoint him/her and the reasons for refusal of reappointment. <Newly Inserted by Act No. 7353, Jan. 27, 2005>
(5) A review of reappointment of the relevant teacher by the university personnel committee as prescribed in paragraph (4) shall be conducted based on the objective grounds as provided for in the school regulations, such as the evaluation of the following matters. In such cases, a chance of attending a meeting of the university personnel committee and expressing opinions on a designated date or expressing opinions in writing shall be given within a prescribed period of not less than 15 days in the review process: <Newly Inserted by Act No. 7353, Jan. 27, 2005>
1. Matters concerning education of students;
2. Matters concerning academic research;
3. Matters concerning guidance for students.
(6) Where a teacher whose reappointment has been refused intends to file an objection with regard to the disposition of appointment refusal, he/she may file, within 30 days from the date of attaining knowledge of such disposition, an application for review with the Appeal Commission for Teachers referred to in Article 7 of the Special Act on the Improvement of Teachers' Status.<Newly Inserted by Act No. 7353, Jan. 27, 2005; Act No. 8889, Mar. 14, 2008>
[This Article Newly Inserted by Act No. 5717, Jan. 29, 1999]
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 Article 11-4 (Formulation, etc. of Plans for Appointment Based on Equal Opportunities for Both Sexes)   print
(1) The State and local governments shall formulate and implement such policies as necessary for the promotion of equal opportunities for both sexes in appointing faculty members of universities.
(2) The heads of universities and colleges (referring to the schools under subparagraphs 1 through 3 and 5 of Article 2 of the Higher Education Act; hereafter the same shall apply in this Article) shall formulate and carry out every three years such plans as necessary for the implementation of proactive measures, including appointment plans which specify appointment target ratio for each department, so as not to lean too much towards on either sex in appointing faculty members of their schools. In such cases, the actual results of promotion for the relevant year shall be reported to the Minister of Education, Science and Technology. <Amended by Act No. 8498, Jul. 13, 2007; Act No. 8852, Feb. 29, 2008>
(3) The State and local governments may provide universities with both administrative and financial assistance on the basis of the appraisals of their plans and the results of implementation as referred to in paragraph (2).
(4) Classification by each department and the formulation of plans under paragraph (2), methods and procedures for the appraisals under paragraph (3), etc. shall be determined by Presidential Decree.
[This Article Newly Inserted by Act No. 6932, Jul. 25, 2003]
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 Article 12 (Special Appointment)   print
(1) Any person who falls under any of the following subparagraphs may specially be employed as prescribed by Presidential Decree: <Amended by Act No. 4620, Dec. 27, 1993; Act No. 5207, Dec. 30, 1996; Act No. 8889, Mar. 14, 2008>
1. In the case of appointing a public educational official who has retired from office on account of expiration of the period of temporary retirement from office due to any of the grounds set forth in Article 44 (1) 1 or any of the grounds set forth in Article 70 (1) 3 of the State Public Officials Act or Article 62 (1) 3 of theLocal Public Officials Act to a public educational official with a position equivalent to the position at the time of his/her retirement within two years after his/her retirement, or appointing a public educational official who has retired from office to become a State or local public official in general service to a public educational official with a position equivalent to the position at the time of his/her retirement;
2. In the case of appointing a person who has no less than three years of research or work performance equivalent to that of the position to be filled;
3. In the case of appointing a person who is to work in a special area such as an island or a remote place where a competitive examination to fill vacancies is difficult or a person who will teach special subjects;
4. In the case of appointing a public official who has educational experience, educational administrative or research experience but who is unfit to be appointed by competitive examination;
5. In the case of appointing a teacher who works for a private school to a public educational official.
(2) Any person who has been discharged from office due to a ground under Article 70 (1) 3 of the State Public Officials Act or Article 62 (1) 3 of the Local Public Officials Act may specially be appointed on a preferential basis, as prescribed by Presidential Decree. <Amended by Act No. 5207, Dec. 30, 1996; Act No. 8889, Mar. 14, 2008>
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 Article 13 (Promotion)   print
The promotion of a public educational official shall be made, from among the subordinate personnel who are engaged in the same kind of duties, based on his/her career records, results of retraining, performance grades, or other actual proof of his/her capabilities, as prescribed by Presidential Decree.
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 Article 14 (List of Eligible Candidates for Promotion)   print
(1) A person who has the authority to appoint or request the appointment of public educational officials shall prepare and keep a list of candidates eligible for promotion by their standings and qualifications as prescribed in Article 13 and Presidential Decree. <Amended by Act No. 4348, Mar. 8, 1991>
(2) The promotion or request for promotion of a public educational official shall be made within the limit of three times the number of vacant positions in the order of priority in the list of candidates eligible for promotion: Provided, That this shall not apply when promoting, or requesting for the promotion of, a person who has special qualifications prescribed by Presidential Decree.
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 Article 15 (Special Promotion of Excellent Public Educational Officials, etc.)   print
(1) Notwithstanding Articles 13 and 14, a public educational official who falls under any of the following subparagraphs and who has a superior certificate of qualification or satisfies the qualification requirements may specially be promoted: Provided, That where a public educational official falls under subparagraph 4 or 5, he/she may specially be promoted without possessing a certificate of qualification or satisfying the qualification requirements: <Amended by Act No. 4620, Dec. 27, 1993; Act No. 5207, Dec. 30, 1996; Act No. 8889, Mar. 14, 2008>
1. An educator who holds respectable personality and ingenuity and who sets an example to other public educational officials in the reform of an educational culture by diligently performing his/her duties with uprightness and consistent public spirit;
2. A person who has outstanding ability to perform his/her duties in teaching, guidance, or research and has made a great contribution to the development of education;
3. A person who brings outstanding effects to the development of administrative operation, such as budget retrenchment, by adopting and executing proposals made under Article 53 of the State Public Officials Act or Article 78 of the Local Public Officials Act;
4. When a person who has rendered distinguished services while in office voluntarily retires under Article 74-2 of the State Public Officials Act or Article 66-2 of the Local Public Officials Act;
5. When a person who has rendered distinguished services while in office dies in the course of performing official duties.
(2) Required conditions for special promotion under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
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 Article 16 (Physical Examination)   print
Every public educational official who is newly appointed shall receive a physical examination as prescribed by Presidential Decree, and the person who has the authority to appoint or request the appointment of public educational officials shall not appoint or recommend those who do notsatisfy the passing standards for the physical examination.
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 Article 17 (Principles of Management of Assigned Positions)   print
(1) A person who has the authority to appoint or request the appointment of a public educational official shall grant a public educational official under his/her jurisdiction a specific position commensurate with his/her qualification, unless separately prescribed by Acts and subordinate statutes.
(2) A person who has the authority to appoint or request the appointment of a public educational official shall, in assigning position to a public educational official under his/her jurisdiction, appoint him/her to a proper position in view of the qualification, major, reeducation records, work experience, aptitude, etc. of the public educational official concerned.
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 Article 18 (Concurrent Holding of Positions)   print
(1) Public educational officials, public officials in general service, public officials in special service, or other officers or employees of the related educational institutions or research institutes, or other related administrative agencies or associations prescribed by Presidential Decree may be appointed to hold the above two or more positions concurrently, as prescribed by Presidential Decree, when the positions and job specifications of them are similar and when it is recognized that there is no trouble in performing their duties.
(2) When a public educational official is appointed to hold two or more positions concurrently under paragraph (1), he/she shall satisfy the qualification standards or have the certificate of qualification as prescribed in Article 9 of this Act or Article 21 (1) and (2) of the Elementary and Secondary Education Act and Article 16 of the Higher Education Act. <Amended by Act No. 6211, Jan. 28, 2000; Act No. 8889, Mar. 14, 2008>
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 Article 19 (Prohibition from Holding Concurrent Positions)   print
No person who is employed in the supervisory authority having jurisdiction over different levels of schools shall concurrently hold any of the following positions: president or vice-president of a university, dean of a graduate school, dean of a college, dean of academic affairs, dean of student affairs (or dean of academic and student affairs), chief of academic affairs office, chief of student affairs office, principal, deputy-principal, or head or supervisor of a kindergarten. <Amended by Act No. 4620, Dec. 27, 1993; Act No. 6741, Dec. 5, 2002>
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 Article 19-2 (Special Cases concerning Prohibition of Pursuing Profit- Making Affairs and of Holding Concurrent Positions)   print
(1) Professors, associate professors, assistant professors, and full-time instructors under Article 14 (2) of the Higher Education Act may concurrently serve as an outside director (referring to a director who is not engaged in the regular business of the relevant corporation under Article 9 (3) of the Financial Investment Services and Capital Markets Act) of a private corporation engaging in commercial, industrial or financial business, or any other profit-making business after obtaining permission from the head of the school whereto they belong, within the extent that does not interfere with the education and guidance of their students and academic studies. <Amended by Act No. 8635, Aug. 3, 2007; Act No. 8889, Mar. 14, 2008>
(2) Matters necessary for the detailed standards for, methods and procedure of permissions under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 6741, Dec. 5, 2002]
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 Article 20 (Personnel Exchange)   print
Public educational officials who are employed in junior colleges or secondary schools may change or transfer positions with one another. <Amended by Act No. 4348, Mar. 8, 1991>
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 Article 21 (Restriction on Change of Position, etc.)   print
No person who has the authority to appoint or request the appointment of a public educational official shall take such personnel measures as the change of position or workplace within one year after the public educational official under his/her jurisdiction has been appointed to the position concerned, except as set out in any of the following subparagraphs:
1. When there is a reorganization of the setup, an alteration or abolition of the organization, or an alteration of the quota;
2. When there is a promotion or demotion of the public educational official concerned;
3. When there is any special ground prescribed by Presidential Decree.
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 Article 22 (Placement of Teaching Staff in Education and Training Institutes,etc.)   print
The Minister of Education, Science and Technology or the Superintendent of an Office of Education may employ teaching staff in educational training institutes or educational research institutes under Article 2 (2) 3, where such is deemed especially necessary for education or professional investigation or research on education. <Amended by Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008>
[This Article Wholly Amended by Act No. 4620, Dec. 27, 1993]
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 Article 22-2 (Placement of Roving Teachers in Educational Administrative Agencies)   print
(1) Where the Superintendent of an Office of Education deems it especially necessary to make teachers take charge of the education of students by making a tour of two or more neighboring schools for the propriety of placement of teachers and the efficient operation of educational courses, he/she may place teachers in City/Do educational administrative agencies.
(2) Teachers placed in the City/Do educational administrative agencies under paragraph (1) shall take charge of education at schools designated by the heads of the agencies whereto they belong, and receive guidance and supervision from the heads of such schools.
[This Article Newly Inserted by Act No. 6710, Aug. 26, 2002]
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 Article 23 (Personnel Records)   print
The head of an educational institution, educational administrative agency or educational research institute shall prepare, keep, and retain the personnel records of public educational officials under his/her jurisdiction, as prescribed by Ordinance of the Ministry of Education, Science and Technology. <Amended by Act No. 4268, Dec. 27, 1990; Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008>
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 Article 23-2 (Computerization of Personnel Management)   print
(1) The Minister of Education, Science and Technology may construct and operate a system enabling to manage the personnel records of public educational officials by creating a database for such records and to deal with personnel affairs electronically with a view to promoting scientific personnel management of the public educational officials. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Matters necessary for the construction and operation of the system under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 6741, Dec. 5, 2002]
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 Article 24 (Appointment of Head of University)   print
(1) The head of a university (excluding a public university; hereinafter the same shall apply through Article 27) shall be appointed by the President on the recommendation of the university concerned and the Minister of Education, Science and Technology. The appointment of the head of a newly established universityor a person who holds office as a dean to the president of the university concerned, or a person who holds office as the president to a dean of the university concerned during his/her term of office due to changes in the title of the head of the university concerned, shall be made by the President on the recommendation of the Minister of Education, Science and Technology.<Amended by Act No. 4268, Dec. 27, 1990; Act No. 4348, Mar. 8, 1991; Act No. 4620, Dec. 27, 1993; Act No. 4841, Dec. 31, 1994; Act No. 5207, Dec. 30, 1996; Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008>
(2) Where the Minister of Education, Science and Technology intends to recommend the appointment of the head of a university as prescribed in paragraphs (1) and (6), he/she shall consult with the personnel committee. <Amended by Act No. 4268, Dec. 27, 1990; Act No. 4620, Dec. 27, 1993; Act No. 6400, Jan. 29, 2001; Act No. 7537, May 31, 2005; Act No. 8852, Feb. 29, 2008>
(3) In order to provide recommendation on the appointment of the head of a university under the main sentence of paragraph (1), a Recommendation Committee for Appointment of University Head (hereinafter referred to as the "Committee") shall be established in a university. <Newly Inserted by Act No. 4348, Mar. 8, 1991; Act No. 4620, Dec. 27, 1993; Act No. 4841, Dec. 31, 1994; Act No. 7537, May 31, 2005>
(4) The Committee shall select a candidate for the head of a university by any of the following means, as prescribed by the relevant university: <Newly Inserted by Act No. 7537, May 31, 2005>
1. Selection at the Committee;
2. Selection under the methods and procedures agreed upon by the faculty members of the relevant university.
(5) Where a person who is appointed as the head of a university while serving as a faculty member in the university serves out his/her term under subparagraph 1 of Article 28, he/she shall be deemed to be appointed to the former position, on the next day after the expiration of his/her term of the head of the university, notwithstanding Article 25. <Newly Inserted by Act No. 5207, Dec. 30, 1996>
(6) Where the relevant university fails to recommend a candidate for the head of the university within three months after the expiration of term of the head of the university, notwithstanding paragraph (1), the head of the relevant university shall be appointed by the President on the recommendation of the Minister of Education, Science and Technology.<Newly Inserted by Act No. 7537, May 31, 2005; Act No. 8852, Feb. 29, 2008>
(7) Matters necessary for the constitution, operation, etc. of the Committee shall be prescribed by Presidential Decree, on condition that females constitute the Committee by more than a certain ratio. <Newly Inserted by Act No. 7537, May 31, 2005>
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 Article 24-2 (Restrictions on Election Campaigns)   print
(1) No person shall perform any of the following acts for the purpose of causing him/herself or a specific person to be elected or not to be elected to the candidate for the head of a university:
1. Acts to offer or to express an intention or promise to offer money, valuables, entertainment, or any other property gains or public or private positions to voters (including persons eligible to be recorded in the electoral registry, before preparing the electoral registry) from 180 days before the election day of a candidate for the head of a university to the election day;
2. Acts provided for in subparagraph 1 to persons intending to become a candidate for the head of university or the candidate for the purpose of causing him/her not to become a candidate or causing the candidate to withdraw candidacy;
3. Acts to receive gains or positions provided for in subparagraph 1 or 2, to consent to an expression of such intent, or to demand or arrange such an offer.
(2) No person shall visit, or cause to visit, voters door to door, or gather, or cause to gather, voters at a specific place in connection with the election of a candidate for the head of a university.
(3) No person shall defame a candidate in connection with an election of the candidate for the head of a university by announcing publicly a false information or alleging a fact by means of speech, election poster, etc.
(4) No person shall perform an act other than those set forth in the following subparagraphs in connection with an election of the candidate for the head of a university:
1. Posting propaganda posters;
2. Distributing election campaign bulletins;
3. Distributing small printed matters;
4. Holding a joint speech session or a public debate;
5. Appeals for voter supports by utilizing telephones and computer communications.
[This Article Newly Inserted by Act No. 7537, May 31, 2005]
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 Article 24-3 (Entrustment of Election Affairs for Recommendation of Candidate for Head of University)   print
(1) In recommending a candidate for the head of a university by direct election under the methods and procedures agreed upon by the faculty members of the relevant university as prescribed in Article 24 (4) 2, the relevant university shall commission the Gu/Si/Gun election commission under the Election Commission Act, which has jurisdiction over its location (hereinafter referred to as the "Gu/Si/Gun election commission"), to manage such direct election.
(2) In accepting and managing an election for recommending a candidate for the head of a university by the Gu/Si/Gun election commission as prescribed in paragraph (1), where the National Election Commission intends to set forth necessary matters, such as the registration of candidates, election period, election campaigns, election expenses, voting, and ballot counting, by the National Election Commission Regulations under Article 3 (5) of the Election Commission Act, it shall consult in advance with the Minister of Education, Science and Technology. In such cases, the Minister of Education, Science and Technology shall hear the opinions of each university. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Where the Gu/Si/Gun election commission accepts and manages an election for recommending a candidate for the head of a university as prescribed in paragraph (2), Article 272-2 of the Act on the Election of Public Officials and the Prevention of Election Malpractices and Article 14-2 of the Election Commission Act shall apply mutatis mutandis to the control, investigation and suspension of, and warning, etc. against, any violation of this Act.
(4) The expenses incurred in the administration of an election of a candidate for the head of a university may be levied on the relevant university.
[This Article Newly Inserted by Act No. 7537, May 31, 2005]
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 Article 25 (Appointment of Professors, etc.)   print
(1) Professors or associate professors shall be appointed by the President on the recommendation of the head of the university concerned via the Minister of Education, Science and Technology, whereas assistant professors shall be appointed by the Minister of Education, Science and Technology on the recommendation of the head of the university. <Amended by Act No. 4268, Dec. 27, 1990; Act No. 4620, Dec. 27, 1993; Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008>
(2) When the head of a university intends to appoint a public educational official under paragraph (1), he/she shall obtain the approval of the university personnel committee: Provided, That in the case of a newly established university which cannot constitute the university personnel committee, the head of such university shall obtain the approval of the personnel committee until the university personnel committee is constituted. <Amended by Act No. 4620, Dec. 27, 1993>
(3) The transference to another position of a public educational official under paragraph (1) shall be executed by the Minister of Education, Science and Technology on the recommendation of the head of the university concerned subject to the approval of the university personnel committee.<Amended by Act No. 4268, Dec. 27, 1990; Act No. 4620, Dec. 27, 1993; Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008>
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 Article 26 (Appointment of Full-time Lecturers and Teaching Assistants)   print
(1) Full-time lecturers and teaching assistants shall be appointed by the head of the university concerned. <Amended by Act No. 4620, Dec. 27, 1993>
(2) Where the head of a university intends to appoint a full-time lecturer, he/she shall obtain the approval of the university personnel committee concerned. <Amended by Act No. 4620, Dec. 27, 1993; Act No. 5207, Dec. 30, 1996>
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 Article 27 (Assignment to Positions of Vice-President, Dean of Graduate School, and Dean of College)   print
(1) The vice-president shall be assigned from among the professors, and the dean of a graduate school or a college shall be assigned from among the professors or the associate professors, by the Minister of Education, Science and Technology on the recommendation of the head of the university. <Amended by Act No. 4268, Dec. 27, 1990; Act No. 4620, Dec. 27, 1993; Act No. 6400, Jan. 29, 2001; Act No. 6741, Dec. 5, 2002; Act No. 8852, Feb. 29, 2008>
(2) Where the head of a university intends to recommend the assignment of positions of public educational officials under paragraph (1), he/she shall obtain the approval of the university personnel committee concerned. <Amended by Act No. 4620, Dec. 27, 1993>
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 Article 28 (Term of President of University, etc.)   print
The term of office of the president or vice-president of a university, dean of a graduate school, or dean of a college shall be as follows: Provided, That the term of a person appointed under the latter part of Article 24 (1) or the latter part of Article 55 (1) shall be confined to the remaining period of the head of the university concerned, notwithstanding subparagraph 1: <Amended by Act No. 4620, Dec. 27, 1993; Act No. 4841, Dec. 31, 1994; Act No. 5207, Dec. 30, 1996; Act No. 6741, Dec. 5, 2002>
1. The president of a university: four years;
2. The vice-president of a university, dean of a graduate school, or dean of a college: two years.
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 Article 29 (Appointment of Supervisory Officials, etc.)   print
(1) Supervisory officials or educational researchers to work for the Ministry of Education, Science and Technology and its affiliated agencies shall be appointed by the President on the recommendation of the Minister of Education, Science and Technology.<Amended by Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008>
(2) Any supervisory official and educational researcher who falls under any of the following subparagraphs under the jurisdiction of the Superintendent of an Office of Education shall be appointed by the President on the recommendation of the Superintendent concerned and the Minister of Education, Science and Technology: <Amended by Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008>
1. A person who holds a position in an educational administrative agency, which is equal to or higher than the director ofa Metropolitan or Provincial Office of Education;
2. The head of a City/Do educational training institute;
3. The head of a City/Do educational research institute;
4. The head of a City/Do training institute for the teaching staff.
(3) Supervisory officials and educational researchers under the jurisdiction of the Superintendent of an Office of Education other than the educational expert officials under paragraphs (1) and (2) shall be appointed by the Minister of Education, Science and Technology on the recommendation of the Superintendent concerned. <Amended by Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008>
(4) The educational expert official who is appointed by the President under paragraphs (1) and (2) may be transferred to another position by the Minister of Education, Science and Technology, and the educational expert official who is appointed by the Minister of Education, Science and Technology under paragraph (3) may be transferred to another position by the Superintendent of the Office of Education concerned. <Amended by Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008>
[This Article Wholly Amended by Act No. 4620, Dec. 27, 1993]
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 Article 29-2 (Appointment of Principals)   print
(1) Each principal shall be appointed by the President on the recommendation of the Minister of Education, Science and Technology. <Amended by Act No. 4620, Dec. 27, 1993; Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008>
(2) The tenure of office of a principal shall be four years. <Amended by Act No. 5065, Dec. 29, 1995>
(3) A principal may be reappointed only once: Provided, That such shall not include the number of times which the principal holds office under Article 31 (2) and (3). <Newly Inserted by Act No. 5065, Dec. 29, 1995>
(4) When the tenure of office of a principal expires during a school term, the expiration date shall be August 31 if the date on which his/her tenure expires falls between March and August; and the end of February next year if it falls between September and next February. <Amended by Act No. 7353, Jan. 27, 2005>
(5) Where a principal whose tenure of office expires before his/her retirement age under Article 47 desires to serve as a teacher (limited to those having a teacher's certificate), he/she may be appointed as a teacher in consideration of his/her ability to give classes, health, etc.
(6) Each teacher who has been appointed under paragraph (5) shall be preferentially treated as a senior teacher prescribed by Presidential Decree. <Amended by Act No. 7353, Jan. 27, 2005>
(7) A principal may be transferred by the Minister of Education, Science and Technology to another position during his/her term of office. <Amended by Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008>
[This Article Newly Inserted by Act No. 4348, Mar. 8, 1991]
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 Article 30 (Appointment of Deputy Principals, Teachers, School Inspectors, etc.)   print
A public educational official who falls under any of the following subparagraphs shall be appointed by the Minister of Education, Science and Technology: <Amended by Act No. 4268, Dec. 27, 1990; Act No. 4348, Mar. 8, 1991; Act No. 4620, Dec. 27, 1993; Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008>
1. Teaching staff other than those prescribed by Articles 24, 25, 26, and 29-2;
2. School inspectors and educational research workers.
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 Article 31 (Invited Teaching Staff)   print
(1) A university may appoint a person working for a State agency, research institute, public organization, company, etc., a person residing in a foreign country, or a foreigner having such qualifications as prescribed in Article 16 of the Higher Education Act, as an invited professor: Provided, That Article 16 of the Higher Education Act may be chosen not to be applied where a university appoints someone as an invited professor to take charge of a special subject. <Amended by Act No. 6211, Jan. 28, 2000; Act No. 8889, Mar. 14, 2008>
(2) Where the heads of high schools and the schools at lower levels intend to invite persons who are specially required for the schools concerned (limited to the persons who have a principal's certificate or teacher's certificate) as teachers, they may ask the person who has the authority to appoint invited teachers to appoint them as invited principals or teachers. <Newly Inserted by Act No. 5065, Dec. 29, 1995>
(3) The appointment authority who is asked to appoint an invited teacher under paragraph (2) may appoint an invited principal or an invited teacher of the school concerned, from among the persons whose appointment has been asked.<Newly Inserted by Act No. 5065, Dec. 29, 1995>
(4) Matters necessary for the appointment, remunerations, and duties of invited teaching staff shall be prescribed by Presidential Decree.
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 Article 32 (Short-Term Teaching Staff)   print
(1) The person who has the authority to appoint teaching staff for high schools and the schools at lower levels may appoint teachers for a prescribed period of time, from among those having a teacher's certificate within the budgetary limits, in cases under any of the following subparagraphs: <Amended by Act No. 5207, Dec. 30, 1996; Act No. 5717, Jan. 29, 1999: Act No, 10868, Jul 21, 2011>
1. Where a teacher temporarily retires from office for any of the grounds set forth in the subparagraphs of Article 44 (1) and it is inevitable to fill the vacancy;
2. Where a teacher is discharged from his/her office for any of the grounds prescribed by Presidential Decree, such as dispatch, training, suspension from office, or cancellation of official position, etc. and it is inevitable to fill the vacancy;
3. Where it is necessary for a teacher to take charge of a special subject for a limited period of time;
4. Where it is necessary to utilize the knowledge or experience of a person who was a public educational official.
5. Where it is necessary for a teacher to take charge of an all-day system for children at a kindergarten.
(2) No teacher appointed under paragraph (1) (hereinafter referred to as "short-term teacher") shall have any priority for being appointed as a regular teacher, nor be appointed to any supervisory position with heavy responsibility, except the persons appointed pursuant to subparagraph 4 of the same paragraph. <Amended by Act No. 5717, Jan. 29, 1999>
(3) No short-term teachers shall be governed by Articles 43 through 47 and 49 through 51 of this Act and Articles 16, 70, 73 through 73-4, 75, 76, 78 through 80, and 82 through 83-2 of the State Public Officials Act, and they shall retire ex officio from their office when their employment period expires. <Amended by Act No. 5207, Dec. 30, 1996; Act No. 7353, Jan. 27, 2005; Act No. 8889, Mar. 14, 2008>
(4) Article 10-3 (1) shall apply mutatis mutandis to the appointment of short-term teaching staff. <Newly Inserted by Act No. 10634, May 19, 2011>
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 Article 32-2 (Payment of Scholarships and Obligatory Service)   print
(1) In order to ensure the stable supply of teachers, the Superintendent of an Office of Education may recommend persons satisfying the standards set forth in City/Do Municipal Ordinance to the head of a teachers' college for persons eligible for the entrance or enrollment into the teachers' college.
(2) The Superintendent of an Office of Education may provide scholarships to those who have entered or enrolled into a teachers' college on the recommendation under paragraph (1).
(3) The Superintendent of an Office of Education may have persons in receipt of the scholarship under paragraph (2) apply for an open screening process for selecting teachers executed in the competent district within maximum four years after graduating from the teachers' college, and where they pass the open screening process, may impose the duty to serve in the areas as determined by the Superintendent of the Office of Education for a prescribed period by City/Do Municipal Ordinance which does not exceed two times the period for which they received the scholarship.
(4) Where any person who currently receives or has received the scholarship under paragraph (2) falls under any of the following subparagraphs, the Superintendent of an Office of Education may order such person or his/her joint guarantor to return the whole or part of the scholarship as prescribed by City/Do Municipal Ordinance, and may collect such in the same manner as delinquent local taxes are collected where he/she fails to comply with the order: Provided, That the same shall not apply where there exist inevitable grounds as referred to in City/Do Municipal Ordinance, such as retirement from office during the period of obligatory service due to a disease related to the performance of official duties, etc.:
1. Where he/she is expelled from or drops out of school, or transfers to another school;
2. Where a ground for ineligibility for being appointed as a public servant occurs to him/her;
3. Where he/she refuses to take the scholarship while in school;
4. Where he/she fails to apply for an open screening process during the period under paragraph (3), or fails to do the obligatory service.
[This Article Newly Inserted by Act No. 7353, Jan. 27, 2005]
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 Article 33 (Delegation, etc. of Authority for Appointment)   print
(1) The President may delegate part of his/her authority for appointment to the Minister of Education, Science and Technology, and the Minister of Education, Science and Technology may delegate part of his/her authority for appointment to the head of an educational institution, educational administrative agency, or educational research institute, as prescribed by Presidential Decree. <Amended by Act No. 4268, Dec. 27, 1990; Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008>
(2) Matters concerning the appointment of teaching staff belonging to schools the establishment and operation of which is commissioned to the head of a related central administrative agency under Article 59 (3) of the Higher Education Act, may separately be prescribed in accordance with the standards for appointment under paragraph (1), as prescribed by Presidential Decree. <Newly Inserted by Act No. 5065, Dec. 29, 1995; Act No. 6211, Jan. 28, 2000; Act No. 8889, Mar. 14, 2008>
CHAPTER Ⅴ REMUNERATION
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 Article 34 (Principle of Determination of Remuneration)   print
(1) Public educational officials shall receive favorable remuneration.
(2) Remuneration of a public educational official shall be determined by Presidential Decree, in commensuration with their qualification or experience, and the degree of difficulty of their duties and responsibilities.
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 Article 35 (Stipulations on Remuneration)   print
In the Presidential Decree of Article 34 (2), the following matters shall be stipulated in addition to those prescribed in Article 47 of the State Public Officials Act and in Article 45 of the Local Public Officials Act:<Amended by Act No. 5207, Dec. 30, 1996; Act No. 8889, Mar. 14, 2008>
1. Matters concerning special allowances payable to the teaching staff working for the schools or teaching subjects prescribed by Presidential Decree;
2. Matters concerning the remuneration of short-term teachers;
3. Matters concerning research allowances;
4. Matters concerning teaching allowances.
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 Article 36 (Voluntary Retirement)   print
(1) Where a public educational official who has been employed over 20 years voluntarily retires from office before the retirement age, voluntary retirement allowances may be granted to him/her within the budgetary limits.
(2) Where a principal, among public educational officials under paragraph (1), voluntarily retires from office before the end of his/her tenure of office, the retirement age shall be the same as that under Article 47.
(3) The scope and amount of and the procedure for the payment of voluntary retirement allowances under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 5158, Aug. 14, 1996]
CHAPTER Ⅵ TRAINING
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 Article 37 (Equal Training Opportunities)   print
Every public educational official shall be given equal opportunities to receive reeducation or training at training institutes.
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 Article 38 (Expenses Needed for Training and Teaching Materials)   print
(1) Public educational officials shall continuously make their efforts to research and improve themselves to perform their duties.
(2) The State or local governments shall prepare plans for the training of public educational officials, necessary facilities, and its promotion and make their efforts to execute such plans, and may pay expenses incurred for teaching materials needed therefor as prescribed by Presidential Decree.
(3) The State may wholly or partially subsidize, within the budgetary limits, the expenses incurred by local governments that pay for teaching materials as prescribed in paragraph (2).
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 Article 39 (Establishment of Training Institutes)   print
(1) In order to reeducate and train public educational officials, there shall be established traininginstitutes.
(2) Matters necessary for the establishment and operation of training institutes under paragraph (1) shall be prescribed by Presidential Decree.
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 Article 40 (Special Training)   print
(1) The State or local governments may prepare plans for special training for public educational officials and have them receive training at educational institutions or research institutes in and outside the country for a certain period of time.
(2) The State or local governments may pay the expenses incurred in special training under paragraph (1) within the budgetary limits.
(3) The Minister of Education, Science and Technology shall direct or supervise public educational officials receiving special training under paragraph (1) to achieve the objectives of the training, and matters necessary for such direction or supervision shall be prescribed by Presidential Decree. <Amended by Act No. 4268, Dec. 27, 1990; Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008>
(4) The duty to provide obligatory service may be imposed on public educational officials who have received special training under paragraph (1) for a period not exceeding six years, as prescribed by Presidential Decree.
(5) Where a public educational official who currently receives or has received special training under paragraph (1) fails to follow the instructions for direction and supervision under paragraph (3), or fails to do obligatory service under paragraph (4), the Minister of Education, Science and Technology may order such official or his/her joint guarantor to return all or part of the expenses incurred in the special training as prescribed by Presidential Decree, and if he/she fails to comply with such order, the Minister of Education, Science and Technology may collect such in the same manner as delinquent national or local taxes are collected according to the financial resources of the expenses needed for the special training. <Amended by Act No. 4268, Dec. 27, 1990; Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008>
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 Article 41 (Training in Other Places than Training Institutes and Offices)   print
Public educational officials may receive training in other facilities or places than in training institutes or offices with the approval of the heads of the administrative agencies where to they belong, unless such interferes with their classes.
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 Article 42 (Evaluation of Results of Training and Performance)   print
(1) The head of an educational institution, educational administrative agency, or educational research institute shall regularly or occasionally evaluate the actual results of reeducation and training and the performance of the public educational officials under his/her jurisdiction and shall reflect the results in personnel management.
(2) Matters necessary for evaluating the actual results of reeducation and training, and performance under paragraph (1) shall be prescribed by Presidential Decree.
CHAPTER Ⅶ GUARANTEE OF ONE'S STATUS, DISCIPLINARY ACTIONS, AND APPEALS
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 Article 43 (Respect of Educational Authority and Guarantee of One's Status)   print
(1) The educational authority shall be respected, and teachers shall be free from unjust interference that might influence on their special positions and status. <Amended by Act No. 4348, Mar. 8, 1991>
(2) No public educational official shall be temporarily retired from office, demoted, or discharged against his/her will, except where he/she is given a sentence or a disciplinary action or without justifiable grounds which are prescribed by this Act.
(3) No public education official shall resign at the official suggestion.
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 Article 44 (Temporary Retirement from Office)   print
(1) Where a public educational official intends to retire temporarily from his/her office due to any of the following subparagraphs, the appointment authority may order him/her to retire temporarily from his/her office: Provided, That in cases under subparagraphs 1 through 4 and 11, the appointment authority shall order the public educational official to retire temporarily from his/her office against his/her will, and in cases under subparagraphs 7 and 7-2, the appointment authority shall order the public educational official to retire temporarily from his/her office if he/she wants to do so: <Amended by Act No. 4268, Dec. 27, 1990; Act No. 4620, Dec. 27, 1993; Act No. 4841, Dec. 31, 1994; Act No. 5158, Aug. 14, 1996; Act No. 6211, Jan. 28, 2000; Act No. 6400, Jan. 29, 2001; Act No. 8528, Jul. 19, 2007; Act No. 8852, Feb. 29, 2008; Act No. 8889, Mar. 14, 2008;Act No. 10634, May 19, 2011; Act No. 10868, Jul 21, 2011>
1. Where he/she needs long-term care on account of a physical or mental disorder (including cases where he/she needs long-term therapies on account of infertility or difficult fertility);
2. Where he/she is conscripted or mustered to serve in the military under the Military Service Act;
3. Where his/her fate or whereabout is unknown on account of a natural disaster, war, national emergency, or other occasions;
4. Where he/she is relieved of office to perform duties under other Acts;
5. Where he/she studies abroad to obtain a degree or participates in research or receives training abroad for not less than one year;
6. Where he/she is temporarily employed in an international organization, foreign organization, or a domestic or foreign university or research institute, or any other State agency, overseas educational institution (referring to overseas educational institutions under subparagraph 2 of Article 2 of the Act on the Educational Support, etc. for Korean Nationals Residing Abroad) or private organization prescribed by Presidential Decree;
7. Where it is necessary for him/her to raise children not older than eight years old (in the case of children attending school, they refer to children who are not older than a second grader in elementary school), or where a female public education official becomes pregnant or gives birth;
7-2. Where he/she adopts children not older than nineteen years old (excluding children who are subject to child-care leave under paragraph 7)
8. Where he/she receives training in a domestic research institute or educational institution which is designated by the Minister of Education, Science and Technology;
9. Where he/she needs to take care of his/her parent, spouse, child, or his/her spouse's parent who needs a long period of recuperation on account of an accident, disease, etc.;
10. Where his/her spouse becomes to work abroad or falls under subparagraph 5;
11. Where he/she works full-time for a teachers' union under Article 5 of the Act on the Establishment and Operation of Teachers' Unions.
(2) Where a teacher who is entitled to become a member of a party under Article 6 of the Political Parties Act is elected as a member of the National Assembly, he/she shall be temporarily retired from his/her office as a teacher during his/her term of office under Article 29 (3) of the National Assembly Act. <Amended by Act No. 4620, Dec. 27, 1993; Act No. 5065, Dec. 29, 1995; Act No. 8889, Mar. 14, 2008>
(3) Where a public educational official who holds office in a university intends to retire temporarily from his/her office due to the appointment as a public official other than a public educational official, the appointment authority may order him/her to retire temporarily from his/her office. In such cases, the temporary retirement period of such public official shall be included in his/her service period. <Newly Inserted by Act No. 5207, Dec. 30, 1996>
(4) The appointment authority shall not give unfavorable treatment to any public educational official on the ground of his/her temporary retirement under paragraph (1) 7 and 7-2 , and the period that comes within the first one year out of the period of temporary retirement under the same subparagraphs shall be counted in his/her service period. <Newly Inserted by Act No. 6211, Jan. 28, 2000; Act No. 10868, Jul. 21, 2011>
(5) Matters necessary for the management of the temporary retirement system under paragraph (1) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 8528, Jul. 19, 2007>
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 Article 45 (Period of Temporary Retirement from Office, etc.)   print
(1) The period of temporary retirement from office shall be as follows: <Amended by Act No. 3953, Nov. 28, 1988; Act No. 4841, Dec. 31, 1994; Act No. 5158, Aug. 14, 1996; Act No. 6211, Jan. 28, 2000; Act No. 8528, Jul. 19, 2007: Act No. 10634, May 18, 2011: Act No 10868, Jul. 21, 2011>
1. The period of temporary retirement from office due to the reason set forth in Article 44 (1) 1 shall not exceed one year (the period of temporary retirement from office due to disease or injury related to the performance of official duties under Public Officials Pension Act shall be three years.);
2. The period of temporary retirement from office due to the reason set forth in Article 44 (1) 2 and 4 shall be terminated at the expiration of one's relevant period of service;
3. The period of temporary retirement from office due to the reason set forth in Article 44 (1) 3 shall not exceed three months;
4. The period of temporary retirement from office due to the reason set forth in Article 44 (1) 5 shall not exceed three years: Provided, That in the case of obtaining a degree, the period may be extended for maximum three years;
5. The period of temporary retirement from office due to the reason set forth in Article 44 (1) 6 shall be included in the service period;
6. The period of temporary retirement from office due to the reason set forth in Article 44 (1) 7 shall not exceed one year for each child (in the case of female public educational officials, it shall be three years) and divided temporary retirement from office shall be allowed.
6-2. The period of temporary retirement from office due to the reason set forth in Article 44 (1) 7-2 shall not exceed six months for each adopted child.
7. The period of temporary retirement from office due to the reason set forth in Article 44 (1) 8 shall not exceed three years;
8. The period of temporary retirement from office due to the reason set forth in Article 44 (1) 9 shall not exceed one year, which shall not exceed three years in total during one's service period;
9. The period of temporary retirement from office due to the reason forth in Article 44 (1) 10 shall not exceed three years, which may be extended for maximum three years: Provided, That the total period of temporary retirement from office shall not exceed the period of the overseas service, study, research, or training of one's spouse;
10. The period of temporary retirement from office due to the reason set forth in Article 44 (1) 11 shall be the period of service as a full-time union member.
(2) In the case of a faculty member who holds office in a university, the period of his/her temporary retirement from office under paragraph (1) may not exceed the remaining period of his/her appointment period under Article 11 (3): Provided, That this shall not apply to any temporary retirement from office under Article 44 (1) 2 and 4 through 10, or 44 (2) and (3). <Amended by Act No. 4841, Dec. 31, 1994; Act No. 5158, Aug. 14, 1996; Act No. 5207, Dec. 30, 1996>
(3) Where a teacher who has temporarily retired from office for not less than two years under paragraph (1) 6 or 9 desires to be restored to his/her former position, he/she shall be trained as prescribed by Presidential Decree.<Newly Inserted by Act No. 3953, Nov. 28, 1987; Act No. 5158, Aug. 14, 1996>
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 Article 46 (Restriction on Priority Promotion of Demoted Persons)   print
In applying Article 73-4 (2) of the State Public Officials Act or Article 65-4 (2) of the Local Public Officials Act to public educational officials, a person who is transferred, under his/her own consent to demotion, to another administrative agency in which the person with the authority to appoint or request the appointment of him/her is different from that in the former administrative agency may not be promoted preferentially. <Amended by Act No. 5207, Dec. 30, 1996; Act Nos. 7353 & 7360, Jan. 27, 2005; Act No. 8889, Mar. 14, 2008>
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 Article 47 (Retirement Age)   print
(1) The retirement age of public educational officials shall be 62: Provided, That the retirement age of public educational officials who are a teacher under Article 14 of the Higher Education Act shall be 65.
<Amended by Act No. 5717, Jan. 29, 1999; Act No. 8889, Mar. 14, 2008>
(2) A public educational official (including a public educational official with a designated term of office) shall retire ex officio from his/her office on August 31 where the day on which he/she reaches the retirement age falls between March and August, and on the end of February next year where it falls between September and February next year. <Amended by Act No. 7353, Jan. 27, 2005>
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 Article 48 (No Apprehension Privilege of Teachers)   print
No teacher shall be arrested on campus without the approval of the head of the school whereto he/she belongs, except where he/she is a flagrant offender.
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 Article 49 (Grievance Settlement)   print
(1) A public educational official (excluding public educational officials who hold office in a public university; hereafter the same shall apply in this Article) may request consultation or examination of grievance with regard to various working conditions, such as personnel affairs, organizations, or treatment, or other personal affairs, and shall not be disadvantageously punished or treated on account of such request. <Amended by Act No. 5207, Dec. 30, 1996>
(2) The person who has the authority to appoint or request the appointment of the relevant public educational official (including the person who has the authority to recommend such public educational official; hereinafter the same shall apply) who receives a request under paragraph (1) shall present it to the grievance examination committee for discussion and examination or have public educational officials under his/her jurisdiction consult him/her, and shall make an effort to settle the grievance or deal fairly with the issue, according to its results.
(3) In order to examine the grievances of public educational officials, a central grievance examination committee for public educational officials shall be organized in the Ministry of Education, Science and Technology, and a general grievance examination committee for public educational officials shall be organized for each person with the authority to appoint or request the appointment of public educational officials, and the functions of the central grievance examination committee for public educational officials shall be managed by the education petition review committee under the Special Act for the Improvement of Teachers' Status. <Amended by Act No. 6400, Jan. 29, 2001; Act No. 7354, Jan. 27, 2005; Act No. 8852, Feb. 29, 2008; Act No. 8889, Mar. 14, 2008>
(4) The central grievance examination committee for public educational officials shall examine requests for reexamination which passed through a review process by the general grievance examination committee for public educational officials, grievances of the faculty members of a university who have positions equal to or higher than an associate professor, and grievances of the supervisory officials, educational researchers, or principals appointed by the President under Articles 29 (1) and (2) and 29-2 (1).
(5) The general grievance examination committee for public educational officials shall examine grievances of the faculty members of a university with positions equal to or lower than an assistant professor and grievances of the public educational officials appointed by the Minister of Education, Science and Technology under Articles 29 (3) and 30. <Amended by Act No. 6400, Jan. 29, 2001; Act No. 8852, Feb. 29, 2008>
(6) Notwithstanding paragraph (5), where any grievance raised by a public educational official which is prescribed in paragraph (5) relates to two or more administrative agencies the appointment authority of which differs from each other, the central grievance examination committee for public educational officials may examine such grievance, and when it is recognized as unsuitable for the general grievance examination committee for public educational officials in the administrative agency whereto such educational official belongs to examine such grievance, the general grievance examination committee for public educational officials in the immediately higher administrative agency may examine such grievance.
(7) Where a person with the authority to appoint or request the appointment of a public educational official deems it necessary after examining a grievance, he/she may request the head of the proceeding administration or the related administrative agency to correct such grievance, and the head of the proceeding administration or the related administrative agency in receipt of such request shall comply with it and notify the result of the proceeding to the public educational official concerned unless there exists any special ground: Provided, That where he/she cannot do so due to any unavoidable circumstances, he/she shall notify such ground.
(8) The constitution, authority, and examination procedure of the grievance examination committee for public educational officials and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 4620, Dec. 27, 1993]
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 Article 50 (Constitution of Disciplinary Committee)   print
(1) A public educational officials disciplinary committee (hereinafter referred to as the "disciplinary committee") shall be constituted in an educational institution, educational administrative agency, local government, and educational research institute as prescribed by Presidential Decree to decide on disciplinary actions against public educational officials and matters concerning recruitment of teachers pursuant to the proviso to the main sentence of Article 10 (3) 1. <Amended by Act No. 5207, Dec. 30, 1996; Act No. 8889, Mar. 14, 2008>
(2) The kind, constitution, authority, or examination procedure of the disciplinary committee, matters concerning the exclusion of or the challenge to a member of the disciplinary committee, and matters necessary for the statement right of persons subject to disciplinary actions shall be prescribed by Presidential Decree.
(3) If the opportunity to make a statement is not given to the person subject to a disciplinary action, the decision on such disciplinary action shall be null and void.
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 Article 51 (Request for Decision on Disciplinary Action)   print
(1) Where the head of an educational institution, educational administrative agency, local government, or educational research institute recognizes that a public educational official under his/her jurisdiction falls under any of the grounds for disciplinary action in the subparagraphs of Article 78 (1) of the State Public Officials Act or in the subparagraphs of Article 69 (1) of the Local Public Officials Act, he/she shall request the disciplinary committee having jurisdiction over the disciplinary case concerned to make a decision thereon without delay. However, when the disciplinary committee having jurisdiction over the disciplinary case concerned is constituted in the higher administrative agency, he/she shall file such request for the disciplinary decision with the head of the higher administrative agency. <Amended by Act No. 5207, Dec. 30, 1996; Act No. 8889, Mar. 14, 2008>
(2) In cases under paragraph (1), a disciplinary decision on the disciplinary case of the person who has the authority to request for a disciplinary decision him/her self shall be requested by the head of the immediately higher supervisory authority.
law view
 Article 52 Deleted.<by Act No. 4376, May 31, 1991>   print
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 Article 53 (Relationship with the State Public Officials Act)   print
(1) In applying Article 16 (2) of the State Public Officials Act to the teaching staff who are public educational officials (excluding public educational officials who hold office in a public university; hereafter the same shall apply in this Article), the "Appeals Commission" referred to in paragraph (2) of the same Article shall be deemed the Appeal Commission for Teachers.<Newly Inserted by Act No. 4841, Dec. 31, 1994; Act No. 5207, Dec. 30, 1996; Act No. 7354, Jan. 27, 2005; Act No. 8889, Mar. 14, 2008>
(2) In applying Article 43 (1) of the State Public Officials Act to public educational officials, "Article 71 (1) 1, 3, 5 or 6 or Article 71 (2) or Article 73-2" in the same paragraph shall be deemed as "Article 44 (1) 1, 2, 4 through 7, 8 through 11 or paragraph (2) or (3) of the same Article of the Public Educational Officials Act and "Article 71 (2) 4" in the same proviso of the same paragraph shall be deemed as "Article 44 (1) 7 of the Public Educational Officials Act."<Amended by Act No. 4841, Dec. 31, 1994; Act No. 558, Aug. 14, 1996; Act No. 5207, Dec. 30, 1996; Act No. 6211, Jan. 28, 2000; Act No. 8889, Mar. 14, 2008: Act No. 10634, May 19, 2011: Act No. 10868, Jul 21, 2011>
(3) In an alteration or abolition of the organization of office under Article 70 (1) 3 of the State Public Officials Act and in an alteration of positions under Article 73-4 (1) of the same Act, abolition of a school, department, or college in the different levels of schools under Article 2 of the Elementary and Secondary Education Act and Article 2 of the Higher Education Act (excluding public universities) shall be deemed to be included. <Amended by Act No. 5207, Dec. 30, 1996; Act No. 6211, Jan. 28, 2000; Act No. 7353, Jan. 27, 2005; Act No. 8889, Mar. 14, 2008>
(4) In applying Article 32-4 of the State Public Officials Act to public educational officials, the "heads of different levels of state organs" in paragraph (1) of the same Article shall be deemed the "persons having the authority to employ or request the employment of public officials". <Amended by Act No. 8889, Mar. 14, 2008>
(5) Articles 6, 17, 19-2, 21 through 24, 28-2, 28-3, 31 through 32-2, 34, 36 through 39, 40-2, 41, 42 (2), and 50 of the State Public Officials Act shall not apply to public educational officials, and Article 76 of the same Act shall not apply to teachers (excluding faculty members of public universities), respectively. <Amended by Act No. 4376, May 31, 1991; Act No. 4620, Dec. 27, 1993; Act No. 5207, Dec. 30, 1996; Act No. 6741, Dec. 5, 2002; Act No. 8889, Mar. 14, 2008>
CHAPTER Ⅷ PUBLIC EDUCATIONAL OFFICIALS IN PUBLIC UNIVERSITIES
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 Article 54 (Local Personnel Committee for Public Educational Officials)   print
(1) A local personnel committee for public educational officials shall be constituted in a local government to respond to requests for consultation by the head of the local government on important matters concerning the personnel affairs of public educational officials who hold office in public universities (hereinafter referred to as "public educational officials in public universities").
(2) The local personnel committee for public educational officials shall be comprised of seven members including one chairperson, who shall be the deputy-head of the local government concerned. In such cases, for a local government which has two or more deputy-heads, the deputy-head prescribed by Presidential Decree shall assume the chairmanship.
(3) Members shall be appointed or commissioned by the head of the local government concerned, from among those who have educational experience, educational administrative experience, or administrative experience for not less than seven years and who have considerable knowledge in personnel administration.
(4) The head of a local government shall refer the following matters to the local personnel committee for public educational officials for deliberation:
1. Matters concerning decisions on the personnel administration policy and criteria, and the preparation of the basic plan for public educational officials in public universities;
2. Matters concerning the enactment, alteration, or abolition of Municipal Ordinance or Municipal Rules on the personal affairs of public educational officials in public universities;
3. Other important matters concerning the personal affairs of public educational officials in public universities.
(5) Matters necessary for the constitution and operation of the local personnel committee for public educational officials shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 5207, Dec. 30, 1996]
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 Article 55 (Appointment of Heads, etc. of Public Universities)   print
(1) The head of a public university shall be appointed by the head of a local government on the recommendation of the public university concerned following consultation by the local personnel committee for public educational officials, as prescribed by Presidential Decree. Where the head of a newly established public university is appointed, or where a person who holds office as a dean becomes appointed to the president of the public university concerned or a person who holds office as the president becomes appointed to a dean of the public university concerned during his/her term of office due to changes in title of the head of the public university concerned, he/she shall be appointed by the head of the local government following consultation by the local personnel committee for public educational officials.
(2) Professors, associate professors, or assistant professors shall be appointed by the head of a local government on the recommendation of the head of the public university concerned, and full-time lecturers and teaching assistants shall be appointed by the head of the public university concerned.
(3) When a professor, associate professor, or assistant professor is requested to be appointed, or a full-time lecturer is appointed under paragraph (2),the approval of the university personnel committee concerned shall be obtained, and a newly established public university which is not able to constitute a university personnel committee shall obtain approval from the local personnel committee for public educational officials until the university personnel committee concerned is constituted.
(4) The vice-president shall be assigned from among professors, and dean of a graduate school or a college from among professors or associate professors, by the head of the public university with the approval of the university personnel committee. <Amended by Act No. 6741, Dec. 5, 2002>
(5) The head of a local government may delegate part of his/her authority provided for in paragraph (2) to the head of a public university, as prescribed by Municipal Ordinance.
(6) Article 24 (4) shall apply mutatis mutandis to the appointment of the head of a public university. In such cases, "university" shall be deemed"public university" and "Article 25" shall be deemed "Article 55 (2) and (3)".
[This Article Newly Inserted by Act No. 5207, Dec. 30, 1996]
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 Article 56 (Settlement of Grievances of Public Educational Officials in Public Universities)   print
(1) Any public educational official in a public university may request consultation on personnel affairs or examination on grievances concerning various office conditions, such as personnel affairs, organization, or treatment, and shall not be disadvantageously punished or treated on account of the request.
(2) The person who has the authority to appoint or request the appointment of a public educational official in receipt of a request under paragraph (1), shall refer the issue to the grievance examination committee for deliberation or have a public official under his/her jurisdiction consult with the public educational official concerned, and shall make efforts to settle the grievance and manage the issue in a fair manner.
(3) A grievance examination committee for public educational officials in public universities (hereinafter referred to as "public university grievance committee") shall be constituted in a local government to examine the grievances raised by public educational officials in public universities, and a general grievance examination committee for public educational officials in a public university (hereinafter referred to as "general grievance committee in a public university") shall be constituted in the public university, and the functions of the public university grievance committee shall be managed by the local personnel committee for public educational officials.
(4) The public university grievance committee shall examine requests for reexamination which passed through a review process by the general grievance examination committee in a public university, and grievances raised by the public educational officials in public universities who have positions equal to or higher than an associate professor.
(5) The general grievance committee in a public university shall examine grievances raised by the public educational officials in the public university who have positions equal to or lower than an associate professor.
(6) Notwithstanding paragraph (5), where any grievance raised by a public educational official in a public university which is prescribed in paragraph (5) relates to two or more administrative agencies the appointment authority of which differs from each other, or when it is recognized as unsuitable for the general grievance examination committee in a public university whereto such public educational official belongs to examine such grievance, the public university grievance committee may examine such grievance.
(7) Where the person with the authority to appoint or request the appointment of a public educational official in a public university deems it necessary after a grievance examination, he/she may request the head of the proceeding administration or the related administrative agency to settle such grievance, and the head of the proceeding administration or the related administrative agency so requested shall comply with such request and notify its result in the absence of extenuating grounds: Provided, That where it is impossible to settle the grievance on account of any unavoidable ground, such ground shall be notified.
(8) The constitution, authority, or examination procedure of a public university grievance committee, or other necessary matters shall be prescribed by Municipal Ordinance.
[This Article Newly Inserted by Act No. 5207, Dec. 30, 1996]
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 Article 57 (Relationship with the Local Public Officials Act)   print
(1) In applying Article 20-2 of the Local Public Officials Act to the teaching staff who are public educational officials in a public university, the review committee referred to in the same Article shall be deemed the"Appeal Commission for Teachers." <Amended by Act No. 7354, Jan. 27, 2005; Act No. 8889, Mar. 14, 2008>
(2) In applying Article 41 (1) of the Local Public Officials Act to the public educational officials of public universities, Article 63 (1) 1, 2, 4, or 5, or Article 63 (2) or Article 65-2 referred to in the main sentence of the same paragraph shall be deemed Article 44 (1) 1, 2, 4 through and 7, or 8 through 11, or Article 44 (2) and (3) of the Public Educational Officials Act, and Article 63 (2) 4 referred to in the proviso to the same paragraph of the same Article of the Local Public Officials Act shall be deemed Article 44 (1) 7 of the Public Educational Officials Act. <Amended by Act No. 8889, Mar. 14, 2008: Act No. 10868, Jul 21, 2011>
(3) In alterations or abolitions of the organization of an office in Article 62 (1) 3 of the Local Public Officials Act and changes in the organization of an office in Article 65-4 (1) of the same Act, abolitions of a college, department, or undergraduate school of a public university shall be deemed to be included. <Amended by Act No. 7360, Jan. 27, 2005; Act No. 8889, Mar. 14, 2008>
(4) In applying Article 30-4 of the Local Public Officials Act to the public educational officials of public universities, the "head of a local government" in paragraph (1) of the same Article shall be deemed the"person with the authority to appoint or request the appointment". <Amended by Act No. 8889, Mar. 14, 2008>
(5) Articles 6, 7 through 11, 22 through 24, 29-2 through 30-2, 32, 34 through 37, 39, 39-2, 40, and 74 of the Local Public Officials Act shall not apply to the public educational officials of public universities, and Article 67 (2) of the same Act shall not apply to the teaching staff who are the public educational officials of public universities, respectively.<Amended by Act No. 8889, Mar. 14, 2008>
[This Article Newly Inserted by Act No. 5207, Dec. 30, 1996]
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 Article 58 (Penal Provisions)   print
(1) A person who violates Article 24-2 (1) shall be punished by imprisonment of not more than two years or by a fine not exceeding 20 million won.
(2) A person who violates Article 24-2 (2) and (4) shall be punished by imprisonment of not more than one year or by a fine not exceeding ten million won.
(3) A person who obstructs the access or fails to comply with the request for submission of data, or submits false data in violation of Article 272-2 (3) of the Act on the Election of Public Officials and the Prevention of Election Malpractices as applicable mutatis mutandis under Article 24-3 (3) shall be punished by imprisonment of not more than one year or by a fine not exceeding two million won.
(4) A person who violates Article 24-2 (3) shall be punished by a fine of not less than five million won but not more than 30 million won: Provided, That when it is a true fact which is related only to the public interest, it shall not be punished.
(5) The statute of limitations on a crime provided for in paragraphs (1) through (4) shall be completed by an elapse of six months after the relevant election date: Provided, That when the criminal has escaped, the relevant period shall be three years.
[This Article Newly Inserted by Act No. 7537, May 31, 2005]
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 Article 59 (Fines for Negligence)   print
(1) A person who fails to comply, without any lawful ground, with a request for attendance under Article 272-2 (4) of the Act on the Election of Public Officials and the Prevention of Election Malpractices as applicable mutatis mutandisunder Article 24-3 (3) shall be punished by a fine for negligence not exceeding one million won.
(2) The fine for negligence under paragraph (1) shall be imposed and collected by the Gu/Si/Gun election commission.
(3) A person who is dissatisfied with the disposition of a fine for negligence under paragraph (2) may raise an objection to the imposing authority within 30 days from the date of receiving the notice of such disposition.
(4) When a person subject to the disposition of a fine for negligence under paragraph (2) raises an objection under paragraph (3), the imposing authority shall promptly notify the competent court thereof, and the court in receipt of the said notice shall bring the case to a trial for the fine for negligence in accordance with the Non-Contentious Case Litigation Procedure Act.
(5) If neither an objection is raised nor a fine for negligence paid within the period as prescribed in paragraph (3), it shall be collected in the same manner as delinquent national taxes are collected.
[This Article Newly Inserted by Act No. 7537, May 31, 2005]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force 40 days after the date of its promulgation.
Article 2 (Transitional Measures concerning Assignment to Position of Vice-President)
The vice-president of a university who holds office at the time this Act enters into force, shall be deemed to be assigned under this Act during his/her remaining period of the position.
Article 3 (Transitional Measures concerning Appointment of Principal)
A principal who holds office at the time this Act enters into force, shall be deemed to be appointed under this Act.
Article 4 (Transitional Measures concerning Public Educational Officials Submitted to Disciplinary Punishment or Removed from Office)
The handling of the matters concerning persons submitted to disciplinary punishment or removed from their office under the previous provisions of Article 51-2 (2) at the time this Act enters into force, shall be governed by the previous provisions.
Article 5 (Transitional Measures concerning Remuneration of Public Educational Officials in Temporary Retirement or Removed from Official Position)
Remuneration of the public educational officials who have temporarily retired from office for any of the grounds set forth in the previous provisions of Article 47 (1) 2 or 6, or who have been removed from their official position for any of the grounds set forth in the previous provisions of Article 51-2 (1) or (2) at the time this Act enters into force, shall be paid according to the previous provisions until it is prescribed by Presidential Decree.
Article 6 (Transitional Measures concerning Voluntary Retirement Allowances)
Voluntary retirement allowances under Article 36 shall be paid according to the previous provisions of Article 35-2 until it is prescribed by Presidential Decree.
Article 7 (Transitional Measures concerning Teaching Certificates, etc.)
The qualifications or teaching certificates of teachers which were authorized under the previous Act at the time this Act enters into force shall be deemed to remain effective.
Articles 8 through 10 Omitted.
ADDENDUM<Act No. 3953, Nov. 28, 1987>
This Act shall enter into force on January 1, 1988.
ADDENDA<Act No. 4009, Apr. 6, 1988>
Article 1 (Enforcement Date)
This Act shall enter into force on May 1, 1988: Provided, That the pre- vious provisions shall apply until local councils are constituted in the respective local governments.
Articles 2 through 17 Omitted.
ADDENDA<Act No. 4268, Dec. 27, 1990>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA<Act No. 4304, Dec. 31, 1990>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Graduates, etc. of National or Public College of Education or Teacher's College, etc.) In newly appointing teachers, the appointment authority may select or appoint a fixed rate of the scheduled number of teachers from among those who matriculate at a national or public college of education or teacher's college or enters any other teacher's training institute before 1989 and completes a required course of study and graduates from it or completes the course of study, as prescribed by the appointment authority until 1993.
ADDENDA<Act No. 4347, Mar. 8, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force on the election date of local council members held on or after the enforcement of the Amendments to the Local Government Act (Act No. 4310).
Articles 2 through 12 Omitted.
ADDENDA<Act No. 4348, Mar. 8, 1991>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Appointment of Faculty Members in Universities) Matters concerning the appointment of faculty members who hold office in a university at the time this Act enters into force and the faculty members who are newly employed in a university after the enforcement of this Act shall be subject to the previous provisions until they are prescribed by Presidential Decree in accordance with the amended provisions of Article 11 (3).
(3) (Transitional Measures concerning Appointment of President or Dean) The president or dean who holds office at the time this Act enters into force shall be deemed to be assigned under this Act.
(4) (Transitional Measures concerning Principal's Term of Office) The principal who holds office at the time this Act enters into force shall be deemed to be appointed under this Act, and the term of his/her office shall begin on the enforcement date of this Act.
ADDENDA<Act No. 4376, May 31, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA<Act No. 4620, Dec. 27, 1993>
(1) (Enforcement Date) This Act shall enter into force on February 1, 1994.
(2) (Transitional Measures concerning Supervisory Officials and Educational Researchers) The supervisory officials and educational researchers who hold office at the time this Act enters into force shall be deemed to be appointed under this Act.
(3) (Transitional Measures concerning Grievance Cases Held in Central Grievance Examination Committee for Public Educational Officials) The grievance cases held in the central grievance examination committee for public educational officials at the time this Act enters into force, shall be succeeded to and handled by the teachers disciplinary review committee in accordance with the amended provisions of Article 49 (3).
ADDENDUM<Act No. 4841, Dec. 31, 1994>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 5065, Dec. 29, 1995>
This Act shall enter into force on March 1, 1996.
ADDENDUM<Act No. 5158, Aug. 14, 1996>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 5207, Dec. 30, 1996>
(1) (Enforcement Date) This Act shall enter into force on January 1, 1997.
(2) (Transitional Measures concerning Appointment of Public Educational Officials in Public Universities) Public educational officials in public universities at the time this Act enters into force shall be deemed to be appointed under this Act. In such cases, the record date of the term of office or period of appointment of an appointee who is employed for a term of office or with his/her service period fixed shall be reckoned from the date of the appointment by the previous provisions.
(3) (Transitional Measures concerning Public Educational Officials Submitted to Disciplinary Punishment or Removed from Official Position) The handling of the matters concerning public educational officials of public universities under request for disciplinary punishment or removed from their official position at the time this Act enters into force, shall be succeeded to the head of the university or the local government concerned, respectively.
(4) Omitted.
ADDENDA<Act No. 5717, Jan. 29, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 10-2 and 11 (4), (5), and (6) shall enter into force on September 1, 1999, and the amended provisions of Articles 11 (3) and 11-2 shall enter into force on January 1, 2002.
Article 2 (Transitional Measures concerning Appointment on Contract Basis)
With respect to teachers appointed for a fixed period of time under the previous provisions, notwithstanding the amended provisions of Article 11-2, the previous provisions shall apply until the period of time of such appointment terminates.
Article 3 (Transitional Measures concerning Retirement Age)
Notwithstanding the amended provisions of Article 47 (1), the public educational officials (excluding teachers under Article 14 of the Higher Education Act) who hold office at the time this Act enters into force, the date of whose birth falls on such date as set forth in any of the following subparagraphs, shall retire ex officio from their office on the date as determined in the respective corresponding subparagraphs:
1. For a person the date of whose birth comes before February 28, 1934: February 28, 1999;
2. For a person the date of whose birth comes between March 1, 1934 and August 31, 1937: August 31, 1999.
Article 4 (Transitional Measures concerning Voluntary Retirement)
(1) In determining the scope of public educational officials subject to the payment of voluntary retirement allowances for service who retire on the retirement date under Article 3 of the Addenda or retire voluntarily before the said retirement date, and the amount of such payment, the previous provisions of retirement age shall apply, notwithstanding the amended provisions of Article 47 (1).
(2) With respect to public educational officials who are in active service at the time this Act enters into force, the date of whose birth comes between September 1, 1937 and August 31, 1942, and who retire voluntarily before August 31, 2000, the scope of those subject to the payment of voluntary retirement allowances for service and the amount of such payment shall be determined based on the previous provisions of retirement age, notwithstanding the amended provisions of Article 47 (1).
ADDENDUM<Act No. 6211, Jan. 28, 2000>
This Act shall enter into force on the date of its promulgation: Provided, That the provisions concerning child care leave among the amended provisions of Article 44 (1), shall enter into force on January 1, 2001.
ADDENDA<Act No. 6400, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM<Act No. 6710, Aug. 26, 2002>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 6741, Dec. 5, 2002>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 19-2 shall enter into force three months after its promulgation.
ADDENDA<Act No. 6932, Jul. 25, 2003>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Special Cases for Female Members of University Personnel Committee) In the case of a university that has no female member of faculty who may become a member of the university personnel committee, the amended provision of Article 5 (2) shall apply from the date on which such female member of faculty is newly appointed.
ADDENDA<Act No. 7120, Jan. 29, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA<Act No. 7223, Oct. 15, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Time Limit for Application)
(1) The amended provisions of subparagraphs 2 through 4 of the attached Table 2 shall apply as follows:
1. For students enrolled at universities or colleges in 2005: Until the time of the open screening process announced in 2010;
2. For students enrolled at universities or colleges in 2004: Until the time of the open screening process announced in 2009;
3. For students enrolled at universities or colleges in 2003: Until the time of the open screening process announced in 2008;
4. For students enrolled at universities or colleges in 2002: Until the time of the open screening process announced in 2007;
5. For students enrolled at universities or colleges in 2001 or earlier: Until the time of the open screening process announced in 2006.
(2) With respect to persons who fall under any subparagraph of paragraph (1) and who are conscripted or drafted into the army while at school or after graduation to serve in the military pursuant to the Military Service Act before taking the open screening process as referred to in Article 11 (1), the time limit of application shall be extended by the period of such conscription or draft.
ADDENDA<Act No. 7353, Jan. 27, 2005>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Procedures for Reappointment of University Faculty Members Appointed on Fixed-Term Basis) The amended provisions of Article 11-3 (2) through (6) shall govern the related procedures for reappointment of the university faculty members in active service appointed on a fixed-term basis under the previous provisions at the time this Act enters into force.
ADDENDA<Act No. 7354, Jan. 27, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA<Act No. 7360, Jan. 27, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA<Act No. 7537, May 31, 2005>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Applicability to Entrustment of Election Affairs) The amended provisions of Article 24-3 shall apply to elections for recommending a candidate for the head of a university held on or after the enforcement of this Act.
ADDENDUM<Act No. 8498, Jul. 13, 2007>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 8528, Jul. 19, 2007>
This Act shall enter into force on January 1, 2008.
ADDENDA<Act No. 8635, Aug. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year and six months after the date of its enforcement. (Proviso Omitted.)
Articles 2 through 44 Omitted.
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 8889, Mar. 14, 2008>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 44 (1) 6 shall enter into force on January 1, 2009.
(2) (Applicability to Recruitment of Teachers) The amended provisions of Article 10-3 shall apply to persons dismissed or discharged from their office due to disciplinary actions resulting from the accrual of grounds for disciplinary punishment under the amended provisions of the subparagraphs of paragraph (1) of the same Article after this Act enters into force.
ADDENDA<Act No. 10258, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA<Act No. 10634, May 19, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Restriction on Recruitment of Teaching Staff)
The amended provisions of Articles 10-3 (1) and 32 (4) shall apply beginning with the first persons, after this Act enters into force, who are dismissed or discharged from their office or sentenced to imprisonment without prison labor or heavier punishment (including persons for whom the period of suspension of execution has passed since the suspension of execution of their punishment as declared by a court)due to any act falling under any of the subparagraphs of the Article 10-3.
Article 3 (Applicability to Extension of Period of Temporary Retirement due to Disease or Injury related to the Performance of Official Duties)
The amended provisions of Article 45 (1) 1 shall also apply to persons who temporarily retire from their office due to disease or injury related to the performance of official duties before this Act enters into force or persons who are on temporary retirement at the time this Act enters into force.
ADDENDUM<Act No. 10868, Jul, 21, 2011>
This Act shall enter into force on the date of its promulgation.