law view
| Article 1 (Purpose) |
 |
The purpose of this Act is to prescribe exceptions to the State Public Officials Act regarding the qualifications, appointment, education and training, service, remuneration for, guarantee of the status, etc. of foreign service officers in light of the importance of their duties and responsibilities and the unique characteristics of their status and working conditions.
[This Article Wholly Amended by Act No. 10525, Apr. 4, 2011]
law view
| Article 2 (Classification of Series of Class of Foreign Service Officers) |
|
| (1) |
Positions equal to or higher than the class of councilor prescribed by Presidential Decree, among foreign service officers, shall not be classified by series of class, and the series of class of the other positions shall be classified according to kinds of duties, as set forth in the following subparagraphs: |
| 1. |
Series of class of foreign affairs and trade; |
| 2. |
Series of class of foreign affairs and consulate; |
| 3. |
Series of class of foreign service information and technology. |
| (2) |
The kinds of the principal duties by series of class pursuant to subparagraphs of paragraph (1) shall be as follows: |
| 1. |
Series of class of foreign affairs and trade: Foreign affairs and trade; |
| 2. |
Series of class of foreign affairs and consulate: Consular affairs; |
| 3. |
Series of class of foreign service information and technology: Foreign service information management and communications. |
| (3) |
Necessary matters concerning duties other than kinds of the principal duties by series of class pursuant to paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10525, Apr. 4, 2011]
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| Article 2-2 (Foreign Service Officers Belonging to Senior Civil Service) |
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| (1) |
Foreign service officers who have been appointed to positions equal to or higher than the class of minister (hereinafter referred to as "Senior Civil Service positions") prescribed by Presidential Decree in the Ministry of Foreign Affairs and Trade or its affiliated organizations, and hold office or are under personnel management, such as dispatch or temporary retirement from office, shall belong to the Senior Civil Service referred to in Article 2-2 (2) of the State Public Officials Act: Provided, That some positions prescribed by Presidential Decree shall not be included in the Senior Civil Service positions due to the importance, unique characteristics, etc. of the relevant duties. |
| (2) |
The Minister of Foreign Affairs and Trade may establish and assess the ability and quality that a public official to be appointed to a Senior Civil Service position has to have, and may utilize the same for personnel management, such as new appointment or the first assignment to a Senior Civil Service position. |
| (3) |
For the first assignment to a Senior Civil Service position, the Minister of Foreign Affairs and Trade shall select those who have qualifications, career, etc. prescribed by Presidential Decree and recommend their appointment following a qualification examination pursuant to Article 13-2 (1) and an examination pursuant to Article 28-6 (3) of the State Public Officials Act. |
| (4) |
Necessary matters concerning the specific scope of personnel management pursuant to paragraph (1) and the details of the ability and quality, scope of those subject to assessment, methods of assessment and utilization of the results of assessment pursuant to paragraph (2) shall be prescribed by Presidential Decree in consideration of the unique characteristics of foreign service officers. |
| (5) |
Except as prescribed by this Act, in the application of the State Public Officials Act concerning the Senior Civil Service to foreign service officers, the term "promotion and appointment to a Senior Civil Service position" shall be construed as "first assignment to a Senior Civil Service position". |
[This Article Wholly Amended by Act No. 10525, Apr. 4, 2011]
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| Article 3 (Persons with Authority to Appoint) |
|
| (1) |
The Minister of Foreign Affairs and Trade shall have the authority to conduct new appointment, assignment to a position, transfer, holding concurrent offices, dispatch, temporary retirement from office, removal from office, suspension from office, demotion, reinstatement, dismissal from office, release from office, and discharge from office (hereinafter referred to as "appointment") of foreign service officers in the Ministry of Foreign Affairs and Trade or its affiliated organizations: Provided, That in any of the following cases, the President shall conduct such appointment upon the recommendation of the Minister of Foreign Affairs and Trade: <Amended by Act No. 10920, Jul. 25, 2011> |
| 1. |
New appointment, discharge from office, dismissal from office, and release from office of foreign service officers in positions equal to or higher than the class of councilor prescribed by Presidential Decree in the Ministry of Foreign Affairs and Trade or its affiliated organizations; |
| 2. |
Assignment to a position of ambassador extraordinary and plenipotentiary and to positions equal to or higher than the class of Assistant Minister of the Ministry of Foreign Affairs and Trade or its affiliated organizations (excluding overseas diplomatic establishments) as prescribed by Presidential Decree (including an act which lets a holder of such position released from his/her duties); and temporary retirement from office, removal from office, suspension from office, demotion, and reinstatement therefrom of persons who hold such positions; |
| 3. |
Appointment of specially appointed heads of overseas diplomatic establishments; |
| 4. |
The first assignment to Senior Civil Service positions. |
| (2) |
The Minister of Foreign Affairs and Trade may delegate part of his/her authority to appoint, to the heads of organizations affiliated with the Ministry of Foreign Affairs and Trade, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10525, Apr. 4, 2011]
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| Article 4 (Specially Appointed Heads of Overseas Diplomatic Establishments) |
|
| (1) |
In order to specially assign a person to a position of the head of an overseas diplomatic establishment where necessary for performance of foreign affairs, the President may appoint a person who has the quality and ability as a diplomat as specially appointed head of such overseas diplomatic establishment. |
| (3) |
Where a person is appointed to specially appointed head of an overseas diplomatic establishment, he/she shall be ordered to serve as such at the same time he/she is appointed to such post. |
| (4) |
The specially appointed head of an overseas diplomatic establishment shall retire from office on the date 60 days pass after he/she is dismissed from his/her post as such. |
[This Article Wholly Amended by Act No. 10525, Apr. 4, 2011]
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| Article 5 (Duties of Foreign Service Officers) |
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The duties of foreign service officers are to externally protect and increase national interests, to enhance amicable, economic and cultural relations with foreign countries, and to protect and support overseas Koreans.
[This Article Wholly Amended by Act No. 10525, Apr. 4, 2011]
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| Article 6 (External Official Titles of Foreign Service Officers) |
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The official titles to be used by foreign service officers who are assigned to positions in overseas diplomatic establishments or perform external activities or specific duties shall be ambassador extraordinary and plenipotentiary, ambassador, minister, minister councilor, councilor, first secretary, second secretary, third secretary, consul general, deputy consul general, consul, deputy consul, etc. (no foreign service officers performing specific duties can use the title of ambassador extraordinary and plenipotentiary as their external official titles); and the Minister of Foreign Affairs and Trade shall have the authority to grant such external official titles, excluding ambassador extraordinary and plenipotentiary, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10525, Apr. 4, 2011]
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| Article 7 (Establishment of Foreign Affairs Personnel Committee) |
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| (1) |
There is hereby established a Foreign Affairs Personnel Committee in the Ministry of Foreign Affairs and Trade to deliberate on important matters concerning personnel management of foreign service officers. |
| (2) |
The Foreign Affairs Personnel Committee shall consist of the First Foreign Affairs Personnel Committee and the Second Foreign Affairs Personal Committee, and each of the aforementioned Committees shall be comprised of no less than seven members.<Amended by Act No. 10920, Jul. 25, 2011> |
| (3) |
Necessary matters concerning the composition, operation, etc. of the Foreign Affairs Personnel Committees shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10525, Apr. 4, 2011]
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| Article 8 (Roles of Foreign Affairs Personnel Committee) |
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| (1) |
The First Foreign Affairs Personnel Committee shall deliberate on the following and make any proposal or recommendation thereon to the Minister of Foreign Affairs and Trade, as prescribed by Presidential Decree: <Amended by Act No. 10920, Jul. 25, 2011> |
| 1. |
Policies, standards, and a master plan for personnel administration of foreign service officers; |
| 2. |
Matters concerning the enactments, amendments or repeals of Acts and subordinate statutes related to personnel affairs of foreign service officers; |
| 3. |
New appointment, transfer, and assignment to positions of foreign service officers, and grant of awards and decorations to them; |
| 4. |
Other matters referred to the Foreign Affairs Personnel Committee by the Minister of Foreign Affairs and Trade. |
| (2) |
The Second Foreign Affairs Personnel Committee shall deliberate on matters commissioned by the First Foreign Affairs Personnel Committee among the matters on the personnel affairs of positions below the class of councilor prescribed by Presidential Decree and make any proposal or recommendation thereon to the Minister of Foreign Affairs and Trade.<Newly Inserted by Act No. 10920, Jul. 25, 2011> |
| (3) |
In the absence of special circumstances, the Minister of Foreign Affairs and Trade shall respect opinions of the Foreign Affairs Personnel Committee. <Amended by Act No. 10920, Jul. 25, 2011> |
[This Article Wholly Amended by Act No. 10525, Apr. 4, 2011]
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| Article 9 (Qualifications and Disqualifications for Appointment) |
|
| (1) |
Foreign service officers shall be appointed, from among persons who have clear sprit of nationalism and a sense of duty and have the quality and aptitude necessary to perform their duties as such. |
| (2) |
None of the following persons may be appointed as a foreign service officer: |
| 2. |
Any person who does not have the nationality of the Republic of Korea. |
[This Article Wholly Amended by Act No. 10525, Apr. 4, 2011]
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| Article 10 (New Appointment) |
|
| (1) |
Foreign service officers shall be newly appointed through open competitive examinations for employment: Provided that, foreign service officers in the classes of duties prescribed by Presidential Decree shall be appointed, from among those selected through open competitive examinations (hereinafter referred to as "diplomat candidates") who have completed the regular courses prescribed in Article 6 (1) of the Korea National Diplomatic Academy Act. |
| (2) |
The number of diplomat candidates shall be, within 150 percent of the number of persons to be appointed pursuant to the proviso to paragraph (1), determined by the Minister of Foreign Affairs and Trade in consultation with the Minister of Public Administration and Security. |
| (3) |
Notwithstanding paragraph (1), foreign service officers may be appointed through special examinations for employmentin any of the following cases: |
| 1. |
Where a retired foreign service officer is reappointed as a foreign service officer within three years from the date of his/her retirement (in cases of a foreign service officer who have retired from office below the class of councilor prescribed by Presidential Decree, referring to being reappointed to a position in the same series of class in which he/she was in service at the time of his/her retirement); |
| 2. |
Where a person (excluding a public official in general service belonging to the Senior Civil Service) with experience of no less than three years in service or research corresponding to a position to which he/she is to be appointed is appointed; |
| 3. |
Where a person who holds a certificate of qualification related to duties of a position to which he/she is to be appointed, or who is proficient in a special foreign language, is appointed. |
| (4) |
For the new appointment of foreign service officers, necessary matters concerning eligibility requirements to take examinations for employment, such as the ability, educational background, career, and age, and the criteria for selection of diplomat candidates and appointment of foreign service officers prescribed in the proviso to paragraph (1), and the series of class, positions, etc. subject to special examinations for employment pursuant to paragraph (3) shall be prescribed by Presidential Decree. |
| (5) |
Open competitive examinations for employment of foreign service officers pursuant to the main sentence of paragraph (1) and the selection examinations for diplomat candidates pursuant to the proviso to paragraph (1) shall be conducted by the Minister of Public Administration and Security at the request of the Minister of Foreign Affairs and Trade. |
| (6) |
The Minister of Foreign Affairs and Trade may commission the Minister of Public Administration and Security to wholly or partially conduct special examinations for employment under paragraph (3), as prescribed by Presidential Decree, and if a person has been specially appointed as a foreign service officer pursuant to paragraph (3) 2, he/she may be wholly or partially exempt from the relevant examination, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10920, Jul. 25, 2011]
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| Article 11 (Appointment of Probationers and List of Eligible Candidates for Appointment) |
|
| (1) |
Where foreign service officers (excluding those assigned to positions equal to or higher than the positions referred to in Article 3 (1) 1; hereafter the same shall apply in this Article) are newly appointed, a foreign service officer in the series of class of foreign affairs and trade (hereinafter referred to as "foreign affairs and trade officer") shall be appointed as a probationer for one year, and a foreign service officer in the series of class of foreign affairs and consulate (hereinafter referred to as "consulate officer") and a foreign service officer in the series of class of foreign service information and technology (hereinafter referred to as "foreign service information and technology officer") for six months; and where his/her service record is acceptable during that period, he/she shall be appointed as a regular public official: Provided, That appointment as a probationer may be exempted or such probation period may be reduced in cases prescribed by Presidential Decree.<Amended by Act No. 10920, Jul. 25, 2011> |
| (2) |
The period for temporary retirement from office, removal from office, suspension from office, or wage reduction as a disciplinary punishment shall not be included in calculating the period of appointment as a probationer under paragraph (1). <Newly Inserted by Act No. 10920, Jul. 25, 2011> |
| (3) |
If a foreign service officer appointed as a probationer makes poor performance or obtains poor grades in education or training, he/she may be dismissed from office or a recommendation for his/her dismissal may be made, notwithstanding Article 23 of this Act and Article 70 of the State Public Officials Act. <Newly Inserted by Act No. 10920, Jul. 25, 2011> |
| (4) |
The term of validity of a list of eligible candidates for appointment as foreign affairs and trade officers shall be five years, and that of each list of eligible candidates for appointment as consulate officers or foreign service information and technology officers shall be three years, respectively. <Amended by Act No. 10920, Jul. 25, 2011> |
[This Article Wholly Amended by Act No. 10525, Apr. 4, 2011]
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| Article 12 (Transfer) |
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| (1) |
Foreign affairs and trade officers, consulate officers and foreign service information and technology officers may be transferred, as prescribed by Presidential Decree. |
| (2) |
Transfer pursuant to paragraph (1) shall be subject to examination, and eligibility requirements to take such examination and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10525, Apr. 4, 2011]
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| Article 13 (Principles of Management for Assignment to Positions) |
|
| (1) |
A position of a foreign service officer shall be granted in overall consideration of the result of performance assessment, work experience in a related field, foreign language proficiency, etc. |
| (2) |
A position of a foreign service officer, except those prescribed by Presidential Decree, shall be granted by means of public job posting (hereinafter referred to as "public job posting system") intended for public officials of the Ministry of Foreign Affairs and Trade and its affiliated organizations. |
| (3) |
In implementing a public job posting system, the Foreign Affairs Personnel Committee under Article 7 shall recommend eligible candidates for assignment to a position to the Minister of Foreign Affairs and Trade, as prescribed by Presidential Decree, and the Minister of Foreign Affairs and Trade shall select the best qualified person from among those so recommended and grant him/her the relevant position: Provided, That the Minister of Foreign Affairs and Trade may assign a person deemed well-qualified by himself/herself to a position for which there is no eligible candidate or recommendee. |
| (4) |
Except those prescribed by paragraphs (2) and (3), necessary matters concerning standards, procedures, etc. for management of the public job posting system shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10525, Apr. 4, 2011]
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| Article 13-2 (Examination of Qualifications for Foreign Service Officers) |
|
| (1) |
Any person who is to be first appointed to a position equal to or higher than the class of councilor, as prescribed by Presidential Decree, or a Senior Civil Service position of the Ministry of Foreign Affairs and Trade or its affiliated organization shall undergo an examination of qualifications before the appointment, and any person who is determined disqualified as a result of such examination may not be appointed to the relevant position. |
| (2) |
The Foreign Service Qualification Screening Committee which is comprised of not less than seven but not more than 15 members shall be established in the Ministry of Foreign Affairs and Trade to examine qualifications pursuant to paragraph (1). |
| (3) |
The Foreign Service Qualification Screening Committee shall examine whether a person subject to examination is qualified in overall consideration of his/her negotiating ability, ability to perform his/her duties, leadership, etc. |
| (4) |
The number of times that a person is allowed to apply for an examination of qualifications prescribed in paragraph (1) may be limited up to five times. <Newly Inserted by Act No. 10920, Jul. 25, 2011> |
| (5) |
An applicant whose number of application for an examination of qualifications is limited under paragraph (4) may reapply for such examination uponthe lapse of a certain period not exceeding ten years. <Newly Inserted by Act No. 10920, Jul. 25, 2011> |
| (6) |
Necessary matters concerning items, timing and methods of qualification examinations and composition, operation, etc. of the Foreign Service Qualification Screening Committee, limitation on the number of times one can apply for an examination of qualifications, the period during which re-application is limited pursuant to paragraphs (1) through (5) shall be prescribed by Presidential Decree. <Amended by Act No. 10920, Jul. 25, 2011> |
[This Article Wholly Amended by Act No. 10525, Apr. 4, 2011]
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| Article 13-3 (Open Positions) |
|
| (1) |
The Minister of Foreign Affairs and Trade may designate and manage a position as an open position, among the positions (excluding heads of overseas diplomatic establishments) of the Ministry of Foreign Affairs and Trade and its affiliated organizations, to which the best-qualified person from inside or outside the public service needs to be appointed because it is deemed that expertise is specifically required or it is necessary for efficiently performing foreign affairs: Provided, That a position to which a public official in contractual service may be assigned, from among the Senior Civil Service positions, pursuant to Acts and subordinate statutes related to organization, such as the Government Organization Act, shall be deemed an open position. <Amended by Act No. 10920, Jul. 25, 2011> |
| (2) |
Necessary matters concerning management, etc. of open positions shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10525, Apr. 4, 2011]
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| Article 13-4 (Personnel Exchanges) |
|
| (1) |
Notwithstanding Article 32-2 of the State Public Officials Act, the Minister of Foreign Affairs and Trade shall conduct a personnel exchange with other central administrative agencies on the Senior Civil Service positions (excluding the heads of overseas diplomatic establishments) of the Ministry of Foreign Affairs and Trade and its affiliated organizations, in consideration of demand for foreign affairs, the necessity for the efficient formulation and implementation of foreign policies, etc. |
| (2) |
Necessary matters concerning management of personnel exchanges, such as the scope of, and procedures for personnel exchanges, shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10525, Apr. 4, 2011]
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| Article 14 (Service at Overseas Diplomatic Establishments) |
|
| (1) |
A foreign service officer shall serve at an overseas diplomatic establishment in accordance with the standards prescribed by Presidential Decree. |
| (2) |
If necessary for performance of duties of an overseas diplomatic establishment, the Minister of Foreign Affairs and Trade may have a foreign affairs and trade officer or foreign service information and technology officer take charge of consular affairs, or a consulate officer take charge of foreign service information management and communications. |
[This Article Wholly Amended by Act No. 10525, Apr. 4, 2011]
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| Article 15 (Secondment to International Organizations or Foreign Organizations) |
|
| (1) |
A foreign service officer may be seconded to an international organization or a foreign organization, as prescribed by Presidential Decree. |
| (2) |
No foreign service officer shall suffer unfavorable treatment in personnel affairs due to secondment to an international organization or a foreign organization. |
[This Article Wholly Amended by Act No. 10525, Apr. 4, 2011]
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| Article 16 (Education and Training) |
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| (1) |
A foreign service officer shall undergo education and training to cultivate his/her sprit of nationalism and sense of duty and to develop his/her knowledge and ability necessary to perform his/her duties. |
| (2) |
The Minister of Foreign Affairs and Trade shall provide all foreign service officers with equal opportunities to undergo education and training, develop and carry out a comprehensive education and training plan appropriate for each position, and provide necessary education in the Republic of Korea or overseas to accelerate professionalism of foreign service officers by function or region. |
| (3) |
The Minister of Foreign Affairs and Trade shall reflect the result of education and training in personnel management. |
[This Article Wholly Amended by Act No. 10525, Apr. 4, 2011]
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| Article 17 (Performance Appraisal) |
|
| (1) |
The performance appraisal of foreign service officers shall be conducted regularly or on occasions in accordance with objective and strict standards and procedures. |
| (2) |
Deleted. <by Act No. 10920, Jul. 25, 2011> |
| (3) |
The result of performance appraisal shall be reflected in all personnel management, such as assignment to a position, screening, etc. |
| (4) |
Necessary matters concerning methods, procedures, etc. for performance appraisal shall be prescribed by Presidential Decree. |
| (5) |
Notwithstandingparagraphs (1), (3) and (4), the methods of conducting performance appraisal of foreign service officers belonging to the Senior Civil Service shall be as prescribed by Presidential Decree. <Amended by Act No. 10920, Jul. 25, 2011> |
[This Article Wholly Amended by Act No. 10525, Apr. 4, 2011]
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| Article 18 (Oath) |
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Where a foreign service officer is ordered to serve at an overseas diplomatic establishment or to be seconded for overseas service, he/she shall take the following oath before the Minister of Foreign Affairs and Trade:
"I, as a foreign service officer of the Republic of Korea, solemnly take an oath that I will sincerely observe the Constitution, Acts and subordinate statutes of the Republic of Korea and instructions of the Government during my service at an overseas diplomatic establishment (secondment for overseas service) with my fidelity to my mother country, enhance national prestige by promoting international friendship and cooperation in accordance with international law and international practices, and fulfill my mission and responsibilities by protecting and expanding national interests."
[This Article Wholly Amended by Act No. 10525, Apr. 4, 2011]
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| Article 19 (Service) |
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| (1) |
A foreign service officer shall, in particular, observe the following matters while he/she serves overseas: |
| 1. |
Strictly observing classified information concerning foreign affairs; |
| 2. |
Keeping his/her dignity; |
| 3. |
Observing international law and prohibiting the abuse of privilege and immunity. |
| (2) |
Necessary matters concerning service while foreign service officers serve overseas shall be prescribed by Presidential Decree. |
| (3) |
No foreign service officer shall hold or obtain the right of permanent residence of a foreign country, and where his/her spouse or child has acquired the citizenship of a foreign country, he/she shall report thereon to the Minister of Foreign Affairs and Trade. <Amended by Act No. 10920, Jul. 25, 2011> |
[This Article Wholly Amended by Act No. 10525, Apr. 4, 2011]
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| Article 20 (Remuneration) |
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Remuneration for a foreign service officer shall be prescribed by Presidential Decree in consideration of the relative importance, level of responsibility, and level of difficulty of his/her duties, ability to perform his/her duties, performance, working conditions, etc.
[This Article Wholly Amended by Act No. 10525, Apr. 4, 2011]
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| Article 20-2 (Assignment of Position to Class) |
|
| (1) |
The Minister of Foreign Affairs and Trade shall assign all positions governed by the position classification system of the Ministry of Foreign Affairs and Trade and its affiliated organizations to any of classes of duties, in consultation with the Minister of Public Administration and Security. |
| (2) |
Necessary matters concerning assignment of positions to any of classes of duties pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10525, Apr. 4, 2011]
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| Article 21 (Reimbursement of Actual Expenses, etc.) |
|
| (1) |
In addition to remuneration, foreign service officers are entitled to receive reimbursement of actual expenses incurred in performing their duties and overseas service, as prescribed by Presidential Decree. <Amended by Act No. 10920, Jul. 25, 2011> |
| (2) |
A foreign service officer who serves overseas and his/her accompanying family members are entitled to receive necessary support, such as medical expenses, as determined by the Minister of Foreign Affairs and Trade.<Newly Inserted by Act No. 10920, Jul. 25, 2011> |
[This Article Wholly Amended by Act No. 10525, Apr. 4, 2011]
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| Article 22 (Accident Compensation) |
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Where a foreign service officer or his/her family member dies or goes missing, or is physically or mentally harmed or damaged in property distinctly, due to a natural disaster, war, incident, civil war, riot, kidnapping or any other unforeseen accident while the foreign service officer serves overseas, or where a foreign service officer or his/her family member dies of or becomes disabled by a disease which has occurred due to specific climatic conditions, natural characteristics, or other living conditions of the area in which the foreign service officer serves, the relevant foreign service officer or his/her family member is entitled to receive accident compensation, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10525, Apr. 4, 2011]
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| Article 23 (Measures Relating to Status against One's Will) |
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No foreign service officer shall be subject to dismissal or temporary retirement from office against his/her will, except by a criminal sentence, a disciplinary action, or any other ground prescribed by this Act.
[This Article Wholly Amended by Act No. 10525, Apr. 4, 2011]
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| Article 24 (Screening Tests for Foreign Service Officers) |
|
| (1) |
Any foreign service officer (excluding those determined qualified as a result of an examination of qualifications for foreign service officers conducted for appointment to a Senior Civil Service position pursuant to Article 13-2) shall undergo a screening test to examine whether he/she is qualified for such position (hereinafter referred to as "screening test for foreign service officer") when he/she falls under any of the following cases while in office. In such cases, a screening test for foreign service officers shall be conducted within six months from the occurrence of a ground for the screening testing, and a specific timing and period for such screening test shall be prescribed by Presidential Decree: <Amended by Act No. 10920, Jul. 25, 2011> |
| 1. |
Where he/she receives the lowest rating in performance appraisal on three occasions; |
| 2. |
Where a period during which he/she is not assigned to any position without a justifiable ground prescribed by Presidential Decree reaches three years in total; |
| 3. |
Where the highest score he/she has acquired in foreign language examinations during the period prescribed by Presidential Decree does not reach the standard prescribed by Presidential Decree; |
| 4. |
Where he/she is summoned on two occasions by the Minister of Foreign Affairs and Trade, as prescribed by Presidential Decree. |
| (2) |
Deleted. <by Act No. 10920, Jul. 25, 2011> |
| (3) |
There is hereby established a Foreign Service Screening Committee in the Ministry of Foreign Affairs and Trade to conduct screening tests for foreign service officers. |
| (4) |
The Foreign Service Screening Committee shall be comprised of no less than 7 but no more than 15 members, including foreign service officers equal to or higher than the class of minister prescribed by Presidential Decree, outsiders, etc. commissioned by the Minister of Foreign Affairs and Trade (at least one person among such outsiders shall be recommended by the Minister of Public Administration and Security); and the Vice Minister of Foreign Affairs and Trade shall be the chairperson. |
| (5) |
The Foreign Service Screening Committee shall determine, as disqualified, any person who falls under any ofparagraph (1) 1 through 4, andis deemed difficult to continue to perform his/her duties as a foreign service officer, as prescribed by Presidential Decree.<Amended by Act No. 10920, Jul. 25, 2011> |
| (6) |
A person who has the authority to appoint foreign service officers may choose not to grant a position to a person determined as disqualified under paragraph (5). In such cases, he/she shall order the person removed from his/her office to wait to be assigned for up to three months, and take necessary measures, such as providing educational training or assigning a special research task, etc. to recover his/her competence or improve his/her service record.<Amended by Act No. 10920, Jul. 25, 2011> |
| (7) |
Where a person who has the authority to appoint foreign service officers deems thatit is difficult to improve the competence or service record of a person ordered to wait to be assigned pursuant to paragraph (6) within the waiting period, he/she may ex officio dismiss such person from office after obtaining the consent of the Foreign Service Disciplinary Committee.<Amended by Act No. 10920, Jul. 25, 2011> |
| (8) |
Necessary matters concerning the composition and operation of the Foreign Service Screening Committee shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10525, Apr. 4, 2011]
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| Article 25 (Examination of Qualifications for Heads of Overseas Diplomatic Establishments) |
|
| (1) |
Any person to be appointed as the head of an overseas diplomatic establishment shall undergo an examination of qualifications (hereinafter referred to as "examination of qualifications for heads of overseas diplomatic establishments") before the appointment, and any person determined as disqualified as a result of such examination of qualifications shall not be appointed as the head of an overseas diplomatic establishment. |
| (2) |
There is hereby a Committee on Examination of Qualifications for Heads of Overseas Diplomatic Establishments in the Ministry of Foreign Affairs and Trade for examination of qualifications for heads of overseas diplomatic establishments. |
| (3) |
The Committee on Examination of Qualifications for Heads of Overseas Diplomatic Establishments shall be comprised of no less than seven but no more than 15 members. |
| (4) |
Necessary matters concerning the composition and operation of the Committee on Examination of Qualifications for Heads of Overseas Diplomatic Establishments, the standards, timing and procedures for examination of qualifications for heads of overseas diplomatic establishments, and other related matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10525, Apr. 4, 2011]
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| Article 26 (Ipso Facto Retirement, etc.) |
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| (2) |
Where a foreign service officer has served as the head of an overseas diplomatic establishment for ten years in total, he/she shall duly retire from office. In such cases, the period for which he/she has served as the head of an overseas diplomatic establishment located in a special area prescribed by Presidential Decree shall not be included in his/her term of office as the head of an overseas diplomatic establishment. <Amended by Act No. 10525, Apr. 4, 2011> |
| (3) |
Deleted. <by Act No. 8417, May 11, 2007> |
| (4) |
Where a foreign service officer who has served in a position prescribed by Presidential Decree under the proviso to Article 2-2 (1) fails to be assigned to a position (excluding cases where the procedure for appointment is in progress and where he/she is on temporary retirement from office, as prescribed by Presidential Decree), he/she shall duly retire from office on the date of dismissal from office he/she has served:Provided, That in cases of a person who was assigned to and has served in a position in an overseas diplomatic establishment, he/she shall duly retire from office on the date 120 days pass from the date he/she is dismissed from such office.<Amended by Act No. 10525, Apr. 4, 2011; Act No. 10920, Jul. 25, 2011> |
| (5) |
Deleted. <by Act No. 8417, May 11, 2007> |
| (6) |
Deleted. <by Act No. 8417, May 11, 2007> |
| (7) |
Where a person who serves in excess of his/her age of retirement because he/she was assigned to a position permitted to serve in excess of the age of retirement (hereinafter referred to as "position permitted to serve in excess of the age of retirement") pursuant to Article 27 (3) fails to be assigned to another position permitted to serve in excess of the age of retirement without an interruption of service, he/she shall duly retire from office on the date he/she is dismissed from such office he/she serves: Provided, That in cases of a person who was assigned to and has served in a position in an overseas diplomatic establishment, he/she shall duly retire from office on the date 60 days pass from the date he/she is dismissed from such office. <Amended by Act No. 10525, Apr. 4, 2011> |
law view
| Article 26-2 (Ex Officio Dismissal of Foreign Service Officers Belonging to Senior Civil Service) |
|
| (1) |
A person who has the authority to appoint foreign service officers shall ex officio dismiss a foreign service officer belonging to the Senior Civil Service from his/her office when the foreign service officer fails to be assigned to any position (where the procedure for appointment is in progress and where he/she is on temporary retirement from office, as prescribed by Presidential Decree, the relevant period shall be excluded) for one year and six months, consecutively. |
| (2) |
When a person who has the authority to appoint foreign service officers dismisses a foreign service officer from his/her office as prescribed in paragraph (1), such dismissal shall undergo deliberation by the Foreign Affairs Personnel Committee. |
| (3) |
Matters concerning procedures for, criteria of, etc. deliberation by the Foreign Affairs Personnel Committee under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 10920, Jul. 25, 2011]
law view
| Article 26-3 (Screening Test for Senior Civil Service) |
|
[This Article Wholly Amended by Act No. 10525, Apr. 4, 2011]
law view
| Article 27 (Age of Retirement) |
|
| (1) |
The age of retirement for a foreign service officer shall be 60 years of age. |
| (2) |
A foreign service officer who reaches the age of retirement pursuant to paragraph (1) shall retire from office on June 30 if the date he/she reaches the age of retirement falls within the period from January to June of the year, or on December 31 if such date belongs to the period from July to December of the year. |
| (3) |
Notwithstanding paragraph (1), any person who is in a position prescribed by Presidential Decree (including a person who has been informally decided as the head of an overseas diplomatic establishment and for whom the procedure for appointment is in progress) among the positions of the Ministry of Foreign Affairs and Trade and its affiliated organizations may be permitted to serve in excess of the age of retirement: even in such cases, he/she shall not serve in excess of 64 years of age. |
[This Article Wholly Amended by Act No. 10525, Apr. 4, 2011]
law view
| Article 28 (Disciplinary Action) |
|
| (1) |
Where a foreign service officer falls under any of the following subparagraphs, the Minister of Foreign Affairs and Trade may request a decision of disciplinary action: |
| 2. |
Where he/she violates his/her official duties or neglects his/her duties; |
| 3. |
Where he/she commits a conduct detrimental to his/her dignity or prestige as a foreign service officer, regardless of the connection with his/her duties. |
| (2) |
The Disciplinary Committee established under the Prime Minister pursuant to the State Public Officials Act shall make a decision on disciplinary action against a foreign service officer who is or was in a position equal to or higher than the class of minister prescribed by Presidential Decree. |
| (3) |
The Foreign Service Disciplinary Committee shall be established in the Ministry of Foreign Affairs and Trade, as prescribed by Presidential Decree, to make a decision on disciplinary action against a foreign service officer who is not in such position as prescribed by paragraph (2). |
| (4) |
The kinds, composition, authority, and procedures for deliberation of the Foreign Service Disciplinary Committee, and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10525, Apr. 4, 2011]
law view
| Article 29 (Procedures, etc. for Disciplinary Action) |
|
A person who has the authority to appoint pursuant to Article 3 shall take a disciplinary action against a foreign service officer following the decision of the Foreign Service Disciplinary Committee.
[This Article Wholly Amended by Act No. 10525, Apr. 4, 2011]
law view
| Article 30 (Application, etc. of the State Public Officials Act) |
|
law view
| Article 31 (Other Public Officials Assigned to Overseas Diplomatic Establishments) |
|
Except as otherwise specifically provided in this Act or other Acts, the provisions of Articles 5, 6, 9, 18, 19, 21 and 22 shall apply mutatis mutandis
to other State public officials and local public officials working at overseas diplomatic establishments; and procedures for dispatch, education, service regulations, and other necessary matters shall be prescribed by Presidential Decree. <Amended by Act No. 10920, Jul. 25, 2011>
[This Article Wholly Amended by Act No. 10525, Apr. 4, 2011]
law view
| Article 32 (Administrative Staff in Overseas Diplomatic Establishments) |
|
| (1) |
Where necessary for performance of duties of an overseas diplomatic establishment, the overseas diplomatic establishment may employ administrative staff.<Amended by Act No. 10920, Jul. 25, 2011> |
| (2) |
Types of occupation, methods of employment, remuneration, and working conditions of administrative staff employed in overseas diplomatic establishments, and other necessary matter shall be determined by the Minister of Foreign Affairs and Trade. <Amended by Act No. 10920, Jul. 25, 2011> |
[This Article Wholly Amended by Act No. 10525, Apr. 4, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2001.
Article 2 (Transitional Measures concerning Examination for Transfer of Administrative Officers Belonging to Ministry of Foreign Affairs and Trade)
Where any administrative officer equal to or lower than Class 6 belonging to the Ministry for Trade of the Ministry of Foreign Affairs and Trade intends to be transferred as a foreign service administrative officer, or intends to be transferred as a foreign affairs and trade officer within one year from the date he/she is promoted and appointed to a administrative officer in Class 5 as at the time the amended Foreign Service Officers Act, Act No. 5991, enters into force, he/she shall be exempt from an examination for transfer, respectively, notwithstanding the amended provisions of Article 12.
Article 3 (Transitional Measures concerning Appointment of Foreign Service Officers)
| (1) |
Any foreign affairs and trade officer in Special Class 1 through Class 5, any specially appointed head of an overseas diplomatic establishment, any foreign service administrative officer in Class 3 through Class 7 and any foreign service information management officer in Class 3 through Class 8 who is in office of the Ministry of Foreign Affairs and Trade or its affiliated organizations as at the time this Act enters into force shall be deemed appointed as a foreign affairs and trade officer, specially appointed head of overseas diplomatic establishment, foreign service administrative officer or foreign service information management officer, respectively. |
| (2) |
Where the procedure for appointment is in progress in accordance with the previous provisions at the time this Act enters into force, the procedure for appointment already made shall be deemed to have been made in accordance with this Act. |
Article 4 (Transitional Measures concerning Remuneration of Foreign Service Officers)
Remuneration of foreign service officers shall be paid in accordance with classes pursuant to the previous provisions until Presidential Decree pursuant to Article 20 is enacted.
Article 5 (Applicability to Time of Conduct of Screening of Foreign Service Officers)
The screening of foreign service officers pursuant to Article 24 shall be conducted from the year to which the date three years have passed from the enforcement date of this Act belongs.
Article 6 (Applicability to Screening of Head of Overseas Diplomatic Establishment)
The screening of the head of an overseas diplomatic establishment pursuant to Article 25 shall be conducted beginning with a person who is assigned to a position of the head of an overseas diplomatic establishment as the first appointment after this Act enters into force.
Article 7 (Transitional Measures concerning Calculation of Period for Awaiting Orders)
A period which a foreign service officer who was in office as the head of an overseas diplomatic establishment at the time this Act enters into force holds office continuously without being assigned to a position pursuant to the previous provisions shall be deemed a period for awaiting orders pursuant to Article 26 (3).
Article 8 (Transitional Measures concerning Age limit of Public Officials in Occupational Group of Foreign Affairs and Trade in Previous Special Class 1 and Special Class 2)
| (1) |
Any person who is a foreign affairs and trade officer in Special Class 1 among foreign service officers in service as at the time this Act enters into force and exceeds the age limit under Article 27 (1) shall be deemed to reach the age limit on the date two years have passed from the enforcement date of this Act, notwithstanding the same Article and same paragraph: Provided, That such age limit shall not exceed 64 years of age. |
| (2) |
The age limit of any person who is a foreign affairs and trade officer in Special Class 1 among foreign service officers in service as at the time this Act enters into force and does not exceed the age limit under Article 27 (1) shall be deemed 62 years of age, notwithstanding the same Article and same paragraph. |
| (3) |
Any person who is a foreign affairs and trade officer in Special Class 2 among foreign service officers in service as at the time this Act enters into force and exceeds the age limit under Article 27 (1) shall be deemed to reach the age limit on the date one year has passed from the enforcement date of this Act, notwithstanding the same Article and same paragraph: Provided, That such age limit shall not exceed 62 years of age. |
| (4) |
The age limit of any person who is a foreign affairs and trade officer in Special Class 2 among foreign service officers in service as at the time this Act enters into force and does not exceed the age limit under Article 27 (1) shall be deemed 61 years of age, notwithstanding the same Article and same paragraph. |
Article 9 (Special Cases concerning Age Limit of Foreign Service Officers equal to or lower than Previous Class 2)
| (1) |
Any person who falls under any of the following subparagraphs among foreign service officers in service as at the time this Act enters into force shall be deemed to have reached the age limit on the date one year has passed from the date he/she reaches the age limit pursuant to the previous provisions, notwithstanding Article 27 (1): |
| 1. |
Any person who is a foreign affairs and trade officer in Class 2 and reaches the age limit pursuant to the previous provisions within one year from the enforcement date of this Act; |
| 2. |
Any person who is a foreign affairs and trade officer in Class 2 and whose remaining period to the age limit pursuant to the previous provisions from the enforcement date of this Act is less than the remaining period of the number of minimum years of service for promotion to higher class pursuant to the previous provisions; |
| 3. |
Any person who is a foreign affairs and trade officer in Class 3 and reaches the age limit pursuant to the previous provisions within three years from the enforcement date of this Act; |
| 4. |
Any person who is a foreign service administrative officer or foreign service information management officer in Class 4 and reaches the age limit pursuant to the previous provisions within one year from the enforcement date of this Act; |
| 5. |
Any person who is a foreign service administrative officer or foreign service information management officer in Class 4 and whose remaining period to the age limit pursuant to the previous provisions from the enforcement date of this Act is less than the remaining period of the number of minimum years of service for promotion to higher class pursuant to the previous provisions; |
| 6. |
Any person who is a foreign service administrative officer or foreign service information management officer in Class 5 and reaches the age limit pursuant to the previous provisions within five years from the enforcement date of this Act; |
| (2) |
Any person who falls under any of the following subparagraphs among foreign service officers in service as at the time this Act enters into force shall be deemed to reach the age limit on the date one and half year pass from the date he/she reaches the age limit pursuant to the previous provisions, notwithstanding Article 27 (1): |
| 1. |
Any person who is a foreign service administrative officer or foreign service information management officer in Class 6 and reaches the age limit pursuant to the previous provisions within one year from the enforcement date of this Act; |
| 2. |
Any person who is a foreign service administrative officer or foreign service information management officer in Class 6 and whose remaining period to the age limit pursuant to the previous provisions from the enforcement date of this Act is less than the remaining period of the number of minimum years of service for promotion to higher class pursuant to the previous provisions; |
| 3. |
Any person who is a foreign service administrative officer or foreign service information management officer in Class 7 and reaches the age limit pursuant to the previous provisions within four years from the enforcement date of this Act. |
| (3) |
Any person who falls under any of the following subparagraphs among foreign service officers in service as at the time this Act enters into force shall be deemed to reach the age limit on the date two and half years have passed from the date he/she reaches the age limit pursuant to the previous provisions, notwithstanding Article 27 (1): |
| 1. |
Any person who is a foreign affairs and trade officer in Class 4 and reaches the age limit pursuant to the previous provisions within one year from the enforcement date of this Act; |
| 2. |
Any person who is a foreign affairs and trade officer in Class 4 and whose remaining period to the age limit pursuant to the previous provisions from the enforcement date of this Act is less than the remaining period of the number of minimum years of service for promotion to higher class pursuant to the previous provisions; |
| 3. |
Any person who is a foreign affairs and trade officer in Class 5 and reaches the age limit pursuant to the previous provisions within five years from the enforcement date of this Act. |
Article 10 (Transitional Measures concerning Disciplinary Action)
Where disciplinary action is in progress as at the time this Act enters into force, notwithstanding the amended provisions of Articles 28 and 29, the previous provisions shall apply.
Article 11 Omitted.
Article 12 (Transitional Measures in Accordance with Amendment of Other Acts)
Until Presidential Decree is amended in accordance with the amendment of Articles 3 (1) 4 and 10 (1) 4 of the Public Service Ethics Act pursuant to Article 11 (3) of Addenda, the previous relevant provisions shall apply mutatis mutandis
, respectively.
ADDENDA <Act No. 7187, Mar. 11, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 7690, Nov. 8, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2006.
Article 2 (Transitional Measures concerning Change in Series of Class of Foreign Service Officers)
| (1) |
Foreign affairs and trade officer, foreign service administrative officer and foreign service information management officer as at the time this Act enters into force shall be deemed to have been appointed as public officials in series of class of foreign affairs and trade, public officials in series of class of foreign affairs and consulate and public officials in series of class of foreign service information and technology respectively in accordance with this Act. |
| (2) |
Where the appointment pursuant to the previous provisions is in progress as at the time this Act enters into force, the procedure for appointment already made shall be deemed to have been made in accordance with this Act. |
Article 3 (Transitional Measures concerning Transfer of Foreign Service Officers)
| (1) |
Where any foreign affairs and trade officer as at the time this Act enters into force is transferred as a consulate officer within five years from the enforcement date of this Act, he/she may be exempted from an examination of transfer, notwithstanding the amended provisions of Article 12. |
| (2) |
Where any foreign service information management officer as at the time this Act enters into force is transferred as a consulate officer within five years from the enforcement date of this Act, he/she may be exempted from all or part of an examination of transfer, notwithstanding the amended provisions of Article 12. |
Article 4 (Transitional Measures concerning Period for Awaiting Orders)
A period which any foreign service officer who was in position higher than a position pursuant to Article 4 (1) 1 as at the time this Act enters into force holds office continuously without being assigned to a position pursuant to the previous provisions shall be deemed a period for awaiting orders pursuant to the amended provisions of Article 26 (3) through (5).
Article 5 (Transitional Measures concerning Deserved Retirement)
| (1) |
Where any foreign service officer who was in position prescribed by Presidential Decree pursuant to the amended provisions of Article 26 (4) before this Act enters into force is dismissed from the position within six months from the enforcement date of this Act, he/she shall retire from office when the time six months have passed from the date he/she is dismissed from the position unless he/she is assigned to another position. |
| (2) |
Where any foreign service officer who was in position prescribed by Presidential Decree pursuant to the amended provisions of Article 26 (4) before this Act enters into force holds office without being assigned to a position at the time this Act enters into force, he/she shall retire from office at the time a period for awaiting orders comes to consecutive one year after adding up the period for awaiting orders pursuant to the previous provisions. |
Article 6 Omitted.
ADDENDA <Act No. 8417, May 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Due Retirement)
The amended provisions of Article 26 (4) shall apply beginning with a person who is in position prescribed by Presidential Decree in the amended provisions of the proviso to Article 2 (1) at the time this Act enters into force.
Article 3 (Transitional Measures concerning Foreign Service Officers Belonging to Senior Civil Service)
| (1) |
Any foreign service officer, appointed to a position pursuant to the amended provisions of the main sentence of Article 2-2 (1) as at the time this Act enters into force and holds office or is under personnel management, such as dispatch, temporary retirement from office shall be deemed to belong to the Senior Civil Service pursuant to this Act from the enforcement date of this Act. |
| (2) |
Where the procedure for appointment pursuant to the previous provisions is in progress as at the time this Act enters into force, the procedure for appointment already made shall be deemed to have been made in accordance with this Act. |
Article 4 (Transitional Measures concerning Screening)
In applying the main sentence of Article 70-2 (1) 1 of the State Public Officials Act to a person under Article 3 (1) of Addenda, the enforcement date of this Act shall be deemed the date he/she is appointed.
Article 5 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. 8857. Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 10525, Apr. 4, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10920, Jul. 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided
, That the amended provisions of Articles 26 (4) and 26-2 shall enter into force six months after the date of its promulgation, and the amended provisions of Article 24 (1) 3 shall enter into force two years after the date of its promulgation.
Articles 2 (Applicability to Screening Tests for Foreign Service Officers)
The amended provisions of Article 24 (1) shall apply to persons who fall under any subparagraph of Article 24 (1) on or after the date this Act enters into force.
Articles 3 (Transitional Measures concerning Open Competitive Examinations for Employment of Foreign Service Officers)
Notwithstanding the amended provisions of Article 10 (1), foreign service officers in the classes of duties prescribed by Presidential Decree to be appointed by the method prescribed in the proviso to Article 10 (1) until December 31, 2013 shall be appointed through open competitive examinations for employment pursuant to the previous provisions.
Articles 4 (Transitional Measures concerning Ex Officio Dismissal, etc.)
When applying the amended provisions of Article 26-2 to any foreign service officer belonging to the Senior Civil Service who has failed to be assigned to a position as at the time such provisions enter into force pursuant to the proviso to Article 1 of the Addenda, the period during which he/she has failed to be assigned to a position shall be calculated from the date such provisions enter into force.
