CHAPTER I GENERAL PROVISIONS
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| Article 1 (Purpose) |
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The purpose of this Act is to establish the fundamental criteria for personnel administration, which apply to all state public officials working at each government agency, thereby achieving the impartiality thereof in personnel administration, and to encourage them to enhance democratic and efficient administration as servants of all citizens.
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 2 (Categories of Public Officials) |
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| (1) |
State public officials (hereinafter referred to as "public officials") shall be classified as either public officials in career service or public officials in non-career service. |
| (2) |
“Public officials in career service" means public officials appointed based on their performance and general qualifications, whose status is guaranteed, and who are expected to spend their entire lives (referring to a specified period where public officials are appointed for such period of service) as public officials, and such officials shall be classified as follows: <Amended by Act No. 11530, Dec. 11, 2012> |
| 1. |
Public officials in general service: Public officials who are in charge of technical or research affairs, or general administration; |
| 2. |
Public officials in special service: Judges, public prosecutors, foreign service officials, police officers, fire officers, public educational officials, members of armed forces, military service officials, research officers of the Constitutional Court and employees of the National Intelligence Service, and public officials in charge of affairs in special fields, as designated by other Acts as public officials in special service; |
| 3. |
Deleted. <by Act No. 11530, Dec. 11, 2012> |
| (3) |
"Public officials in non-career service" means public officials other than those in career service, and such public officials shall be classified as follows: <Amended by Act No. 11530, Dec. 11, 2012; Act No. 11690, Mar. 23, 2013> |
| 1. |
Public officials in political service: |
| (a) |
Public officials who are appointed by election, or whose appointment requires approval of the National Assembly; |
| (b) |
Public officials in charge of affairs regarding sophisticated policy decision-making or of assisting such affairs, who are designated by Acts or Presidential Decree (limited to Presidential Decree concerning the organization of the Office of the President, and Office of the Chief of National Security) as in political service; |
| 2. |
Public officials in extraordinary civil service: Public officials who are designated by Acts and subordinate statutes as in extraordinary civil service to perform such assistance duties as secretary, or to perform any specified duties; |
| 3. |
Public officials in contractual service: Public officials who are engaged in the affairs requiring expert knowledge or technology or requiring flexibility, etc. in their appointment, for a specific period under an employment contract with the State; |
3. Deleted. <by Act No. 11530, Dec. 11, 2012><<Enforcement Date : Dec. 12, 2013>>
| 4. |
Deleted. <by Act No. 10699, May 23, 2011> |
| (4) |
The employment conditions, appointment procedure and maximum age for service of public officials in extraordinary civil service as referred to in paragraph (3), and other necessary matters shall be determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. <Amended by Act No. 10699, May 23, 2011; Act No. 11530, Dec. 11, 2012> |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 2-2 (Senior Civil Service) |
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| (1) |
The senior civil service shall be formed to facilitate efficient personnel management for the senior public officials of the State with a pan-government dimension, thereby raising the competitiveness of the Government. |
| (2) |
"Senior civil service" under paragraph (1) means the group of public officials in general service, public officials in extraordinary civil service, and public officials in special service (in cases of public officials in special service, limited to cases where they may be appointed as public officials in senior civil service as prescribed by other Acts), who are in office or are subject to personnel management after being seconded or suspended from their duties after having being appointed to a position falling under any of the following subparagraphs, which necessitates the performance of highly complex duties and the maintenance of a high level of responsibility (hereinafter referred to as "position in senior civil service"): <Amended by Act No. 11530, Dec. 11, 2012> |
| 2. |
A position equivalent to those referred to in subparagraph 1 from among the positions of various agencies of the Administration (excluding the Board of Audit and Inspection); |
| 3. |
Public officials in technical service: Public officials in charge of technical affairs, who are classified by function; |
| 4. |
A position set to be held by public officials who belong to the senior civil service pursuant to other Acts and subordinate statutes. |
| (3) |
The Minister of Security and Public Administration shall establish standards for capabilities and qualifications that public officials who belong to the senior civil service are required to possess, and such standards may be used to evaluate persons who desire to be appointed to a position in senior civil service and to manage personnel affairs including new appointments and promotions. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) |
Matters concerning the specific scope of personnel management referred to in paragraph (2), details of capabilities and qualifications referred to in paragraph (3), scope of persons subject to the evaluation, methods to perform the evaluation, practical use of the evaluation outcomes, etc. shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 3 (Scope of Application) |
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| (1) |
Articles 33, 43 (1), 44 through 59, 59-2, 60 through 67, 69, and 84 of this Act shall exclusively apply to public officials in non-career service, unless otherwise specified by this Act or other Acts. <Amended by Act No. 10699, May 23, 2011> |
| (2) |
Notwithstanding Article 1, Articles 33 and 69 shall not apply to public officials in political service, and Articles 65 and 66 shall not apply to public officials in non-career service. |
| (3) |
The provisions of Articles 26-2 and 26-3 shall be limited to public officials as prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. |
[This Article Wholly Amended by Act No. 11530, Dec. 11, 2012]
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| Article 4 (Classification of Grades, etc. of Public Officials in General Service and Technical Service) |
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| (1) |
Public officials in general service shall be classified into Grades I through IX, and public officials in technical service shall be classified into Grades I through IX, and shall be categorized by occupational group and occupational category: Provided, That the same shall not apply to public officials who belong to the senior civil service. <Amended by Act No. 10342, Jun. 8, 2010; Act No. 10699, May 23, 2011; Act No. 11530, Dec. 11, 2012> |
| (2) |
Pursuant to the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations or Presidential Decree, the following public officials may not be subject to the classification of ranks or categorization of occupational category prescribed in paragraph (1): <Amended by Act No. 10699, May 23, 2011; Act No. 11530, Dec. 11, 2012> |
| 1. |
A public official engaging in special duties; |
| 2. |
A public official in series of classes for research, advisory or technical service; |
| 3. |
A public official belonging to an institution, for which it is deemed especially necessary to apply different classification of ranks, or categorization of occupational group and occupational category from those prescribed in paragraph (1) for the purposes of improving the personnel management efficiency and institutional performance. |
| (3) |
Deleted. <by Act No. 10342, Jun. 8, 2010> |
| (4) |
The title by category of duties of each grade referred to in paragraphs (1) and (2) shall be determined by the National Assembly Regulations, Constitutional Court Regulations, Supreme Court Regulations, National Election Commission Regulations, or Presidential Decree. <Amended by Act No. 10342, Jun. 8, 2010> |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 5 (Definitions) |
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The terms used in this Act shall be defined as follows:
| 1. |
The term "position" means the duties and responsibility vested in a public official; |
| 2. |
The term "class" means a group of positions in which the categories, complex and responsibility of duties are similar considerably; |
| 3. |
The term "assignment of class or duty grade" means assigning positions to class or duty grade; |
| 4. |
The term "demotion" means appointing a person to a lower class in the same series of class, appointing a person to a lower class in another series of class because there is no lower class in the same series of classes, or appointing a public official in general service (excluding public officials not subject to the classification of grades under Article 4 (1) pursuant to Article 4 (2)) who belongs to the senior civil service to a lower position that is not included in the positions of the senior civil service; |
| 5. |
The term "change of position" means any appointment to a different series of classes; |
| 6. |
The term "transfer of position" means a change in any assigned position in the same class or a change in any assigned position among the positions in the senior civil service (including a change in the assigned positions between positions in the senior civil service and positions prescribed by Presidential Decree in cases of public officials who are not subject to the classification of grades under Article 4 (1) pursuant to Article 4 (2)); |
| 7. |
The term "occupational group" means a group of a series of classes in which the nature of duties is similar; |
| 8. |
The term "series of classes" means a group of classes in which the categories of duties are similar, but the degree of responsibility and difficulty thereof is different; |
| 9. |
The term "sub-series" means a group of duties in which the fields assigned in the same series of classes are similar; |
| 10. |
The term "duty grade" means a group of positions in which the complexity and responsibility of duties are considerably similar. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
CHAPTER II CENTRAL PERSONNEL MANAGEMENT AGENCIES
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| Article 6 (Central Personnel Management Agency) |
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| (1) |
Affairs concerning the formulation of the framework policy for personnel administration, and the implementation of this Act and the operation thereof, shall be managed in accordance with the classifications set forth in the following subparagraphs: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. |
Secretary General, in the case of the National Assembly; |
| 2. |
Director of the Office of Court Administration, in the case of courts; |
| 3. |
Secretary General, in the case of the Constitutional Court; |
| 4. |
Secretary General of the National Election Commission, in the case of the National Election Commission; |
| 5. |
Minister of Security and Public Administration, in the case of the Administration. |
| (2) |
For the purposes of facilitating balanced personnel management among agencies, efficiently utilizing human resources, and cultivating capability, the head of a central personnel management agency (referring to the Minister of Security and Public Administration in the case of the Administration; hereinafter the same shall apply) shall exercise general control over all matters concerning personnel management as prescribed by Acts and subordinate statutes. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
The head of a central personnel management agency may exercise general control over the management of excess employees in any of the following cases. In such cases, the head of an agency shall, if a vacancy opens, fill the vacancy in consultation with the head of the relevant central personnel management agency: |
| 1. |
When the current number of staff members exceeds the fixed number due to restructuring, etc.; |
| 2. |
When the current number of public officials who belong to the senior civil service by administrative agency exceeds the fixed number. |
| (4) |
Each government agency under the Administration shall consult with the Minister of Security and Public Administration in cases of enacting, amending, or repealing Acts and subordinate statutes relating to personnel management (including Acts and subordinate statutes regarding personnel management for public officials in special service, and excluding Ordinance of the Prime Minister and Ministerial Ordinance), such as appointment of public officials, educational training, and remunerations. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Articles 7 through 8-2 Deleted. <by Act No. 8857, Feb. 29, 2008> |
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| Article 8-3 (Request for Cooperation to Agencies Concerned) |
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| (1) |
The Minister of Security and Public Administration may, if necessary for performing affairs under his/her control, file a request for cooperation, such as the provision of materials and information or presentation of opinions, with an administrative agency, public organization or other institutions concerned. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
Any institution in receipt of a request for cooperation pursuant to paragraph (1) shall comply with such request unless extenuating circumstances dictate otherwise. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 8-4 Deleted. <by Act No. 8857, Feb. 29, 2008> |
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| Article 9 (Establishment of Appeals Review Committee) |
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| (1) |
In order to examine and decide appeals on disciplinary actions against public officials under the control of an administrative agency, or an unfavorable disposition or omission contrary to their intention, an appeals review committee shall be established under the jurisdiction of the Ministry of Security and Public Administration. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
For the purpose of examining and deciding matters concerning appeals by public officials under the jurisdiction of the National Assembly, courts, Constitutional Court, and election commissions, appeals review committees shall be established in the Secretariats of the National Assembly, Office of Court Administration, Constitutional Court and National Election Commission, respectively. |
| (3) |
The appeals review committees established in the Secretariats of the National Assembly, Office of Court Administration, Constitutional Court and National Election Commission shall be comprised of five to seven non-standing members, including a chairperson, respectively, and the appeals review committee established in the Ministry of Security and Public Administration shall be comprised of five to seven standing members and non-standing members, the number of which is more than half the number of standing members, including a chairperson who shall be appointed from among public officials in political service. <Amended by Act No. 10699, May 23, 2011; Act No. 11690, Mar. 23, 2013> |
| (4) |
The appeals review committee established under paragraph (1) may examine and decide appeals by a public official in special service as prescribed by other Acts. |
| (5) |
Matters necessary for the composition of appeals review committees shall be determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations and National Election Commission Regulations, or Presidential Decree. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 10 (Qualifications and Appointment of Members of Appeals Review Committees) |
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| (1) |
Members (including the chairperson; hereinafter the same shall apply) of the appeals review committees shall be appointed by the Speaker of the National Assembly, Chief Justice of the Supreme Court, President of the Constitutional Court, Chairman of the National Election Commission or the President, upon the recommendation of the Secretary General of the National Assembly, Director of the Office of Court Administration, Secretary General of the Constitutional Court, Secretary-General of the National Election Commission, or Minister of Security and Public Administration from among those who fall under any of the following subparagraphs, and who possess abundant knowledge background in personnel administration. In such cases, when the Minister of Security and Public Administration recommends appointment of members of the appeals review committee, it shall refer the recommendation to the Prime Minister, and non-standing members among the members of appeals review committees established under the control of the Ministry of Security and Public Administration shall be appointed from those falling under subparagraph 1 or 2: <Amended by Act No. 8996, Mar. 28, 2008; Act No. 10699, May 23, 2011; Act No. 11690, Mar. 23, 2013> |
| 1. |
A person who has worked as a judge, public prosecutor or lawyer for five or more years; |
| 2. |
A person who has worked as an associate professor or higher, teaching public administration, politics or jurisprudence at a college or university for five or more years; |
| 3. |
A public official in Grade III or higher, or a person who has worked as a public official belonging to the senior civil service for three or more years. |
| (2) |
The term of office of the standing members of the appeals review committee shall be three years, and renewable only once. <Amended by Act No. 8996, Mar. 28, 2008> |
| (3) |
Deleted. <by Act No. 2460, Feb. 5, 1973> |
| (4) |
No standing member of an appeals review committee may concurrently hold another office. <Amended by Act No. 8996, Mar. 28, 2008> |
| (5) |
Members, other than public officials, belonging to an appeals review committee shall be deemed public officials when penal provisions under the Criminal Act or other Acts are applied. <Newly Inserted by Act No. 8996, Mar. 28, 2008> |
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| Article 10-2 (Grounds for Disqualification of Members of Appeals Review Committees) |
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| (1) |
No person who falls under any of the following subparagraphs shall be a member of an appeals review committee: |
| 1. |
Any person who falls under any of the subparagraphs of Article 33; |
| (2) |
When a member of an appeals review committee falls under any subparagraph of paragraph (1), he/she shall retire from his/her office. |
[This Article Newly Inserted by Act No. 8996, Mar. 28, 2008]
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| Article 11 (Guarantee of Status of Members of Appeals Review Committees) |
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No member of an appeals review committee shall be dismissed from office, contrary to his/her intention, except in cases where he/she is unable to carry out his/her duties on grounds of a punishment heavier than imprisonment without prison labor, or chronic mental or physical infirmity for a long time.
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 12 (Examination of Appeals Review Committees) |
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| (1) |
An appeals review committee shall, upon receipt of an appeal under this Act, examine it without delay. |
| (2) |
If required for conducting the examination as referred to in paragraph (1), the appeals review committee may conduct any verification, appraisal, or other fact-finding investigation, summon a witness, or order a submission of relevant documents. |
| (3) |
Where the appeals review committee summons, as a witness, any public official under the control of the agency demanding a disciplinary action or relevant agency to examine any appeal case, the head of such agency shall comply therewith. |
| (4) |
The appeals review committee may, if deemed necessary, charge any employee under its control to conduct fact-finding, or entrust a person of special learning and experience with verification or appraisal. |
| (5) |
When the appeals review committee summons a witness, it shall pay him/her a per diem and travel expenses as prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 13 (Right of Statement by Appellant) |
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| (1) |
The appeals review committee shall, upon examining an appeal case, provide the appellant or his/her agent under the latter part of Article 76 (1), an opportunity to state his/her opinion, as prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. |
| (2) |
Any decision made without providing an opportunity to make a statement under paragraph (1) shall be null and void. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 14 (Decisions of Appeals Review Committees) |
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| (1) |
Any decision on an appeal case shall be made in the presence of two thirds of all members, and by the concurrent vote of a majority of those present, but if opinions are divided, the most favorable opinion after adding in order more favorable ones to the most unfavorable one for the appellent until it reaches a majority of those present, shall be considered as a concurrent opinion. <Amended by Act No. 8996, Mar. 28, 2008> |
| (2) |
A member of an appeals review committee shall not serve as a witness for an appeal case pending with the committee, and shall be excluded from any appeal case relevant to the following matters: <Amended by Act No. 8996, Mar. 28, 2008; Act No. 10699, May 23, 2011> |
| 1. |
Matters related to the member him/herself; |
| 2. |
Matters related to a person who is or has been in a familial relation with the member. |
| (3) |
In any of the following cases, the party to an appeal case may request to challenge a member, stating the reasons therefor, and an appeals review committee, upon receipt of such request, shall determine whether to challenge the member. In such cases, the member subject to the request for a challenge shall not participate in determining whether or not to accept the request therefor: <Newly Inserted by Act No. 10699, May 23, 2011> |
| 1. |
If a member of an appeals review committee falls under any of the cases prescribed in paragraph (2); |
| 2. |
If it is difficult to expect under the specific circumstances that the appeals review committee will render a fair review and decision. |
| (4) |
A member of an appeals review committee may, if falling under any case under paragraph (3), voluntarily abstain himself/herself from the review and decision of the relevant case. <Newly Inserted by Act No. 10699, May 23, 2011> |
| (5) |
The decision of the appeals review committee shall be classified as follows: <Amended by Act No. 8996, Mar. 28, 2008; Act No. 10699, May 23, 2011> |
| 1. |
If the request for review is not in compliance with this Act or any other Act, it shall be rejected; |
| 2. |
If the request for review is deemed groundless, it shall be declined; |
| 3. |
If the request for review to seek cancellation or change of the disposition is deemed well-grounded, such disposition shall be cancelled or changed, or the administrative agency taking such disposition shall be ordered to cancel or change it; |
| 4. |
If the request for review to seek confirmation on whether the disposition is valid, or has been taken, is deemed well-grounded, the committee shall confirm as to whether such disposition is valid or has been taken; |
| 5. |
If the request for review to seek a discharge of obligation against a disposition of illegal or unreasonable refusal or correcting an omission is deemed well-grounded, such disposition shall be taken without delay in compliance with such request, or an order to do so shall be issued. |
| (6) |
Any decision ordering cancellation or change as determined by the appeals review committee shall not have any influence on the disposition of disciplinary action or disposition of imposing disciplinary additional charges under Article 78-2 (hereinafter referred to as "disciplinary additional charge") issued previously until a disciplinary action is taken or other disposition is issued according to such order. <Amended by Act No. 9296, Dec. 31, 2008; Act No. 10148, Mar. 22, 2010; Act No. 10699, May 23, 2011> |
| (7) |
Where the appeals review committee examines an appeal at the request of a person who has been issued disposition of disciplinary action or disposition of imposing disciplinary additional charge (hereinafter referred to as "disciplinary disposition, etc."), it shall not determine to impose a heavier disciplinary action or disposition of imposing disciplinary additional charge than the initial disciplinary action or the initial disposition of imposing disciplinary additional charge. <Wholly Amended by Act No. 10148, Mar. 22, 2010; Act No. 10699, May 23, 2011> |
| (8) |
Any decision of the appeals review committee shall be issued in written form, specifying the reasons therefor. <Amended by Act No. 8996, Mar. 28, 2008; Act No. 10699, May 23, 2011> |
| (9) |
Filing examination and decision on appeals, and other matters necessary for the procedure of appeals shall be determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. <Amended by Act No. 8996, Mar. 28, 2008; Act No. 10699, May 23, 2011> |
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| Article 14-2 (Appointment of Temporary Members) |
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| (1) |
If the number of members available to participate in review and decision is less than three persons on the grounds of exclusion, challenge and abstention of members of the appeals review committee as prescribed in Article 14 (2) through (4), the Secretary General of the National Assembly Secretariat, Minister of National Court Administration, Secretary General of the Constitutional Court, Secretary General of the National Election Commission, and Minister of Security and Public Administration shall appoint temporary members to participate in the review and decision relevant to the case until the number reaches three. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
The provisions of each subparagraph of Article 10 (1) and paragraph (5) of the same Article shall apply mutatis mutandis to qualifications etc. of temporary members, and the provisions of Article 10 (2) shall to the grounds for disqualification. |
[This Article Newly Inserted by Act No. 10699, May 23, 2011]
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| Article 15 (Effect of Decision) |
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Any decision issued by the appeals review committee under Article 14 shall be binding on the action-taking administrative agency.
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 16 (Relation to Administrative Litigation) |
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| (1) |
No administrative litigation over any disposition prescribed in Article 75, any unfavorable action contrary to the intention of the person concerned nor any omission shall be lodged without undergoing the review and decision of an appeals review committee. |
| (2) |
When administrative litigation under paragraph (1) is filed, its defendant shall be the competent Minister (including the head of an agency determined by Presidential Decree; hereinafter the same shall apply) in cases of disposition or omission taken by the President, and the Secretary General of the National Election Commission in cases of disposition or omission taken by the Chairman of the National Election Commission. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 17 (Inspection of Personnel Management) |
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| (1) |
The Minister of Security and Public Administration may inspect regularly or at any time as to whether the operation of personnel administration by any administrative agency is appropriate, as prescribed by Presidential Decree, and request for the submission of relevant materials, where deemed necessary. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
The inspection of personnel management for the public officials under the jurisdiction of the National Assembly, courts, Constitutional Court and election commissions shall be conducted by the Secretary General of the National Assembly, Director of the Office of Court Administration, Secretary General of the Constitutional Court, and Secretary General of the National Election Commission, respectively, by order of the Speaker of the National Assembly, Chief Justice of the Supreme Court, President of the Constitutional Court or Chairman of the National Election Commission. |
| (3) |
If the inspection referred to in paragraphs (1) and (2) reveals the existence of any unlawful or unreasonable conduct, the correction thereof and disciplinary measures against the public official concerned shall be demanded without delay to the head of the agency concerned, who in turn shall correct it without delay and take a disciplinary measure against the public official concerned. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 18 (Statistical Reporting) |
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| (1) |
The Secretary General of the National Assembly, Director of the Office of Court Administration, Secretary General of the Constitutional Court, Secretary General of the National Election Commission, or Minister of Security and Public Administration shall establish and implement a system of statistical reporting on personnel management for the National Assembly, courts, Constitutional Court, election commissions or each administrative agency, and receive necessary reports regularly or at any time. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
Any institutional matters concerning statistical reporting on personnel management as referred to in paragraph (1) shall be determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 19 (Personnel Records) |
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| (1) |
The head of each State agency shall prepare, maintain, and retain personnel records of public officials under his/her control. |
| (2) |
Matters necessary for personnel records referred to in paragraph (1) shall be determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 19-2 (Computerization of Personnel Management) |
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| (1) |
The Secretary General of the National Assembly, Director of the Office of Court Administration, Secretary General of the Constitutional Court, Secretary General of the National Election Commission and Minister of Security and Public Administration may create and manage computerized personnel management systems enabling the management of personnel records of public officials by storing them in a database, and enabling the electronic processing of personnel management affairs. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
Matters necessary for the creation and operation, etc. of the system under paragraph (1) shall be prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 19-3 (Management of Candidates for Public Office, etc.) |
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| (1) |
The Minister of Security and Public Administration may systematically collect and manage information pertaining to candidates who hope to or obtain certain qualifications to take the posts of public officials in political service (excluding public officials who hold elective public office) and to work as examiners of various State-administered examinations and members of various committees (hereinafter referred to as "candidates for public office"). <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
The Minister of Security and Public Administration shall, in collecting and managing the information on candidates for public office pursuant to paragraph (1), acquire prior consent from the relevant person in writing or electronically and shall dispose of such information if requested by the relevant person to do so: Provided, That the same shall not apply to information the relevant person consents to provide for any third party, other than the party that he/she directly provides for, and information that has been disclosed to the general public through the release of public records, publications, and online or press reports, and may be purchased or perused by many unspecified persons. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
The Minister of Security and Public Administration may, notwithstanding the provisions of paragraph (2), request a public agency under subparagraph 6 of Article 2 of the Personal Information Protection Act to provide the personnel management or performance assessment materials of a person who is or was in office of the public agency, if necessary for managing candidates for public office. <Amended by Act No. 10465, Mar. 29, 2011; Act No. 11690, Mar. 23, 2013> |
| (4) |
The Minister of Security and Public Administration may, if State agencies or local governments request information on candidates for public office pursuant to paragraph (1) for personnel management purposes, provide such information to the extent that it does not violate the provisions of relevant Acts and subordinate statutes, such as the Personal Information Protection Act. <Amended by Act No. 10465, Mar. 29, 2011> |
| (5) |
The Minister of Security and Public Administration shall, in collecting information on candidates for public office, collect information to the minimum amount necessary to accomplish the purpose of the use and shall not use the information for any other purpose. <Amended by Act No. 11690, Mar. 23, 2013> |
| (6) |
Necessary matters concerning the scope of and procedures for collecting information as referred to in paragraphs (1) through (4) and the use and protection, etc. thereof shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 20 (Delegation of Authority) |
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The Secretary General of the National Assembly, Director of the Court Administration Office, Secretary General of the Constitutional Court, Secretary General of the National Election Commission or Minister of Security and Public Administration may delegate part of his/her authority vested under this Act to another agency as prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
CHAPTER III SYSTEM FOR CLASSIFICATION OF POSITIONS
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| Article 21 (Institutional Establishment for Classification of Positions) |
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Except as otherwise provided by this Act, matters concerning the classification of positions shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 22 (Institutional Principles for Classification of Positions) |
|
For classification of positions, each relevant position shall be classified by occupational group, series of class, classes or duty grade in accordance with the category, complexity and responsibility of duties, but the same or similar remuneration shall be paid with respect to the positions included in the same class or duty grade.
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 22-2 (Duty Analysis) |
|
| (1) |
The head of a central personnel management agency or Ministers of the relevant Ministries may perform duty analysis when necessary for reasonable personnel management. |
| (2) |
Matters necessary for performing duty analysis and utilizing the performance outcomes prescribed in paragraph (1) shall be determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 23 (Assignment of Positions to Class or Duty Grade) |
|
| (1) |
The Secretary General of the National Assembly, Director of the Office of Court Administration, Secretary General of the Constitutional Court, Secretary General of the National Election Commission or Minister of Security and Public Administration shall assign positions to which the classification of positions applies, to certain classes or duty grades, as prescribed by Acts and subordinate statutes (including the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations and National Election Commission Regulations). <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
The Secretary General of the National Assembly, Director of the Office of Court Administration, Secretary General of the Constitutional Court, Secretary General of the National Election Commission or Minister of Security and Public Administration shall reexamine the assignment of positions to grades under paragraph (1) as prescribed by Acts and subordinate statutes (including the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations and National Election Commission Regulations), and if deemed necessary, he/she shall correct it. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 24 (Implementation of System for Classification of Positions) |
|
The classification system may be phased in from the agency, kind of duty and position where the implementation thereof is easier, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 25 Deleted. <by Act No. 2460, Feb. 5, 1973> |
|
CHAPTER IV APPOINTMENT AND EXAMINATION
law view
| Article 26 (Principles for Appointment) |
|
Any appointment of public officials shall be made in accordance with examination results, records of service and any other actual proof of ability: Provided, That the head of a State agency may execute proactive policies to give preferential treatment to the disabled, those who have majored in science and technology, low-income people, etc. in terms of conducting personnel management, such as hiring, promotions, transfers, etc., and to effectively achieve gender equality as prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. <Amended by Act No. 9296, Dec. 31, 2008>
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 26-2 (Appointment under Reduced Hours of Duty) |
|
The head of a State agency may appoint the public officials under his/her jurisdiction as those who serve for hours shorter than regular hours of duty as prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree, taking account of the uniqueness of duties, circumstances facing the agency, etc.
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 26-3 (Appointment of Foreigners and Dual Nationality Holders) |
|
| (1) |
The head of a State agency may appoint foreigners to public office as prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree, except in fields related to national security, safety and secrecy. <Amended by Act No. 10699, May 23, 2011> |
| (2) |
The head of a State agency may restrict the appointment of dual nationality holders (referring to persons holding both the Korean nationality and foreign nationality; hereinafter the same shall apply) to any of the following fields of service, as designated by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree: <Newly Inserted by Act No. 10699, May 23, 2011> |
| 1. |
National security which is required to maintain the existence of the State and the fundamental constitutional order; |
| 2. |
Security and confidentiality fields which may cause grave injury to the national interest, if the content thereof is leaked; |
| 3. |
Fields to which it is inappropriate to appoint dual nationality holders, such as policy-making and implementation thereof in relation to diplomacy and interests between countries. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 26-4 (Appointment of Local Talent on Recommendation and their Internship) |
|
| (1) |
Persons with the authority to appoint may recommend and select graduates and graduates-to-be from high school or beyond having excellent grade, etc. to have them work as interns for not more than three years, and appoint those acknowledged to have been excellent in work performance and quality during such work period as public officials of Grade VI or lower (pursuant to Article 4 (2), including Grade VI public officials or lower, who are not subject to classification of ranks, or categorization of occupational group and occupational category as prescribed by Article 4 (1); the same shall apply hereinafter), or public officials in technical service in order to attract talented persons as public officials. <Amended by Act No. 10148, Mar. 22, 2010; Act No. 10699, May 23, 2011; Act No. 11530, Dec. 11, 2012> |
| (2) |
In appointing interns as public officials (excluding public officials) pursuant to paragraph (1), regional balance shall be achieved by maintaining appropriate composition by administrative fields and technical fields. <Amended by Act No. 10148, Mar. 22, 2010; Act No. 11530, Dec. 11, 2012> |
| (3) |
Persons who have served as interns under paragraph (1) shall be deemed public officials in applying penal provisions under the Criminal Act and other Acts and when they perform an act as a matter of duty. |
| (4) |
Matters concerning methods of recommendation and selection, period of internship, class for appointment, etc. prescribed in paragraph (1) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 10148, Mar. 22, 2010> |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 26-5 (Public Officials Appointed for Fixed Terms of Office) |
|
| (1) |
When appointing a public official in career service to take charge of duties that require specialized knowledge, technical skills, or duties that require special expertise for appointment management a person with the authority to appoint may appoint a public official to serve fixed terms of office (hereinafter referred to as “public official in a fixed term position”). |
| (2) |
The requirements for appointment, appointment procedures, upper age limit for work, and other necessary matters of a public official in a fixed term position shall be determined by National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations or National Election Commission Regulations, or Presidential Decree. |
[This Article Newly Inserted by Act No. 11530, Dec. 11, 2012]
law view
| Article 27 (Method of Filling Vacancies) |
|
Any vacancy occurring in a State agency shall be filled by means of new appointment, promotion, demotion, or change or transfer of position.
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 28 (New Recruitment) |
|
| (1) |
Public officials shall be recruited through an open competitive recruitment examination. <Amended by Act No. 10699, May 23, 2011> |
| (2) |
In any of the following cases, notwithstanding the provisions of paragraph (1), public officials may be recruited by establishing the application requirements such as career background and conducting a competitive examination (hereinafter referred to as “competitive recruitment examination for career service positions”) for testing many eligible applicants meeting such requirements: Provided, That if inappropriate to test many eligible applicants in any case falling under subparagraphs 1, 3, 4, 5, 7 and 11, the relevant positions may be filled without conducting a competitive examination for many eligible applicants, as prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, and Presidential Decree: <Amended by Act No. 10148, Mar. 22, 2010; Act No. 10699, May 23, 2011; Act No. 11530, Oct. 22, 2012; Act No. 11690, Mar. 23, 2013> |
| 1. |
Where a public official in career service who has retired on any of the grounds falling under Article 70 (1) 3 or the expiration of a leave of absence period prescribed in Article 71 (1) 1, is reappointed within three years (five years in cases of leave of absence due to a disease or injury arising in the performance of official duties under the Public Officials Pension Act) from the retirement to the class (in cases of any public official who belongs to the senior civil service, referring to the position similar to the position in terms of the level of complexity and responsibility at the time of his/her retirement; hereafter the same shall apply in this subparagraph) in which he/she has been in service at the time of his/her retirement, or where a public official in career service who has retired to become a public official in non-career service or in another category of career service is reappointed to the class in which he/she has been in service at the time of his/her retirement; |
| 2. |
Where a person holding a certificate of qualification for the same duties is appointed because it is inadequate to appoint any person through an open competitive recruitment examination; |
| 3. |
Where a person is appointed, who has a career serving in the same grade, or position as that to which he/she is scheduled to be appointed (in cases of any public official in general service belonging to the senior civil service, referring to a position that is similar to the position to which he/she is scheduled to be appointed in terms of the level of complexity and responsibility), or who has work experience in or has a research record in the same grade or position as that to which he/she is scheduled to be appointed for such period exceeding that determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree; |
| 4. |
Where a person who has graduated from a school (including graduate schools) prescribed by Presidential Decree from among those established for a special purpose related to the position to which he/she is scheduled to be appointed, and has completed service practice in each agency concerned is appointed; |
| 5. |
Where any public official of Grade I is appointed, or any public official in general service belonging to the senior civil service is appointed to a position of the highest grade from among the duty grades assigned as prescribed in Article 23; |
| 6. |
Where a person who is to work in a special field of service, environment, or special area, such as islands, remote places, etc., in which it is difficult to fill any vacancy through an open competitive recruitment examination is appointed; |
| 7. |
Where a local public official is appointed as a State public official (where a local public official is appointed as a public official in general service who belongs to the senior civil service, referring to a state public official whose position is similar to the relevant position in terms of the level of complexity and responsibility) in the same grade or position as that to which he/she belongs; |
| 8. |
Where a person who is proficient in any foreign language and well grounded in international affairs and is equipped with expert knowledge is appointed; |
| 9. |
Where a person who has completed the courses in a high school, junior college and university (including graduate schools) of specialized, artist or history circles relevant to the position to which he/she is scheduled to be appointed, which is prescribed by Presidential Decree, and who is recommended by the head of the school concerned, is appointed as a public official in the occupational category of research or technical service as determined by the Minister of Security and Public Administration; |
| 10. |
Where a person who has a career of research or service in any scientific and technical field relevant to the position to which he/she is scheduled to be appointed, and which is prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations or Presidential Decree, or in a specialized field in which it is difficult to fill any vacancy through an open competitive recruitment examination, is appointed; |
| 11. |
Where a person who has completed an internship pursuant to the provisions of Article 26-4 or who has graduated from a school with a scholarship during his/her school days under Article 85, is appointed; |
| 12. |
Where a person who resides in a specified area is appointed to an agency located in such area, taking into consideration the place connected with him/her, or regional characteristics; |
| (3) |
Deleted. <by Act No. 10699, May 23, 2011> |
| (4) |
In cases of competitive recruitment examinations for career service positions described in paragraph (2), persons who have retired on any of the grounds falling under Article 70 (1) 3 shall be preferentially hired, and necessary matters to determine the grades or positions of public officials appointable by examinations pursuant to paragraph (2), the qualifications for application and the examinations by grade or by position, shall be prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. <Amended by Act No. 10699, May 23, 2011; Act No. 11530, Dec. 11, 2012> |
| (5) |
No person who is recruited by the competitive recruitment examination for career service positions pursuant to paragraph (2) 6, 8 or 12 may change his/her position, or be transferred to any agency other than that to which he/she is appointed, for five years except for such cases as an adjustment of fixed number, an office reorganization, etc. prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree, and if he/she retires within five years, his/her service career shall not be counted in the service or research record to apply for the competitive recruitment examinations for career service positions referred to in paragraph (2) 3. <Amended by Act No. 10699, May 23, 2011> |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 28-2 (Transfers) |
|
If the National Assembly, any court, the Constitutional Court, any election commission or administrative agency intends to appoint a public official who belongs to another agency, it shall appoint him/her through an examination. In such cases, if the qualification requirements for appointment, the minimum number of years required for promotion, and subjects of examination are equal, such examination may be wholly or partially exempted as prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree.
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 28-3 (Changes of Position) |
|
If a public official is appointed by means of a change of position, he/she shall pass an examination for change of position: Provided, That in cases determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree, such examination may be wholly or partially exempted.
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 28-4 (Open Positions) |
|
| (1) |
With respect to positions of an agency which require particular expertise especially or for which it is necessary to appoint qualified persons inside or outside the public service in order to efficiently formulate policies, appointment authority or appointment-recommendation authority may manage such positions as open positions after designating them. In such cases, a position to which a public official may be appointed as a public official in a fixed term position (excluding a position determined by Presidential Decree), among a position to which a public official in Grades I through III or public officials similar thereto (including positions in the senior civil service while excluding subsidiary organs under the supervision of the head of office and the director general or those similar thereto) may be appointed in accordance with organization-related Acts and subordinate statutes, such as the Government Organization Act, shall be deemed an open position. <Amended by Act No. 11530, Dec. 11, 2012> |
| (2) |
With respect to the open positions prescribed in paragraph (1), the appointment authority or appointment-recommendation authority shall determine any requirements for performing duties in consideration of the details and uniqueness of duties by position, and shall appoint a person who meets such requirements or recommend the appointment thereof. |
| (3) |
Deleted. <by Act No. 9296, Dec. 31, 2008> |
| (4) |
Necessary matters concerning the management of the open positions shall be prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 28-5 (Publicly Recruited Positions) |
|
| (1) |
With respect to any position from among the positions of the relevant agency, for which it is necessary to appoint a qualified public official inside or outside the relevant agency in order to efficiently formulate and manage policies, the appointment authority or the appointment-recommendation authority may manage such position as a publicly recruited position after designating it. |
| (2) |
With respect to publicly recruited positions referred to in paragraph (1), the appointment authority or the appointment-recommendation authority shall stipulate the requirements for the performance of duties, taking into account the details, characteristics, etc. of duties by position and appoint persons who meet such requirements, or recommend the appointment thereof. |
| (3) |
Deleted. <by Act No. 9296, Dec. 31, 2008> |
| (4) |
The head of the central personnel management agency may, when managing publicly recruited positions, consult with heads of other administrative agencies for coordination in order to maintain the appropriate balance in terms of the relocation and deployment of human resources among administrative agencies. |
| (5) |
Necessary matters concerning the management of publicly recruited positions, etc. shall be prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 28-6 (Appointment to Public Officials Belonging to Senior Civil Service) |
|
| (1) |
A senior civil service appointment screening committee shall be established under the jurisdiction of the Ministry of Security and Public Administration to examine the appointment of public officials belonging to the senior civil service, promotion to positions of the senior civil service, and ascertain as to whether the eligibility requirements to be a senior public official are met. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
The senior civil service appointment screening committee shall be comprised of five to seven members including its chairperson, and a public official in political service belonging to the Ministry of Security and Public Administration shall become its chairperson. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
The appointment authority or appointment-recommendation authority shall, when he/she intends to employ public officials belonging to the senior civil service or promote public officials to positions of the senior civil service, select persons eligible for appointment, and appoint them or recommend them for appointment after undergoing examination of the senior civil service appointment screening committee: Provided, That examination of the senior civil service appointment screening committee may be omitted in cases where senior public officials in career service are appointed as public officials in special career service or other senior public officials in career service by taking into account simplification of procedures for appointment and uniqueness of duties, as prescribed by Presidential Decree, when it comes to appointment of public officials belonging to the senior civil service. <Amended by Act No. 9296, Dec. 31, 2008> |
| (4) |
Necessary matters with regard to the composition, operation and qualifications of members of the senior civil service appointment screening committee under paragraphs (1) through (3) shall be determined by Presidential Decree. |
[This Article Newly Inserted by Act No. 8857, Feb. 29, 2008]
law view
| Article 29 (Probationary Appointment) |
|
| (1) |
In cases of new appointment of public officials of Grade V (including public officials equivalent to those of Grade V from among public officials who are not subject to the classification of grades, or categorization of occupational group and occupational category under Article 4 (1) pursuant to Article 4 (2); hereinafter the same shall apply), they shall be appointed as probationary appointees for a period of one year, and in cases of those of Grade VI or lower, for six months, and if their service results are good during that period, they shall be appointed as regular public officials: Provided, That in such cases as prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations or Presidential Decree, the probationary appointment may be exempted, or the period thereof may be shortened. <Amended by Act No. 10699, May 23, 2011; Act No. 11530, Dec. 11, 2012> |
| (2) |
The period of leave of absence, the period during which an appointee is released from the position, or the period during which the position is suspended or a pay cut is taken due to disciplinary action, shall not be counted in the period of probationary appointment as referred to in paragraph (1). |
| (3) |
Notwithstanding the provisions of Articles 68 and 70, if a public official who works in the period of probationary appointment produces unsatisfactory service or training results, he/she may be dismissed, or his/her dismissal may be proposed. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 30 Deleted. <by Act No. 3447, Apr. 20, 1981> |
|
law view
| Article 31 (Preferential Appointment of Successful Candidates in Competitive Examinations and Coordination in Filling of Vacancies) |
|
| (1) |
In filling any vacancy, each appointment authority or appointment recommendation authority shall preferentially appoint those who have passed the open competitive recruitment examination or open competitive promotion examinations or recommend their appointment. |
| (2) |
In filling any vacancy of public officials of Grade V or higher (including public officials equivalent to those of Grade V or higher who are not subject to the grading referred to in Article 4 (1) pursuant to Article 4 (2); hereinafter the same shall apply) in each agency, the head of the central personnel management agency shall coordinate and regulate any supplementary appointment in order to maintain the appropriate balance in appointing those who have passed an open competitive recruitment examination, an open competitive promotion examination or a general promotion examination. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 31-2 (Holding Confirmation Hearings Prior to Appointment of State Council Members) |
|
The President shall go through a prior confirmation hearing when he/she intends to appoint or dismiss a member of the State Council.
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 32 (Appointment Authorities) |
|
| (1) |
The public officials of Grade V or higher in rank and public officials in general service who belong to the senior civil service shall be appointed by the President through the Prime Minister after holding consultations with the Minister of Security and Public Administration upon the recommendation of Ministers having jurisdiction over them, and in cases of the public officials in general service who belong to the senior civil service, Ministers having jurisdiction over them may also recommend the appointments of public officials who do not belong to the relevant agency. In such cases, the Commissioner of the National Tax Service shall be appointed by the President after undergoing a confirmation hearing of the National Assembly. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
The competent Minister shall have the exclusive authority of appointment other than that referred to in paragraph (1), with respect to public officials under his/her jurisdiction. |
| (3) |
The President may delegate part of his/her appointment authority under paragraph (1) to the Ministers concerned as prescribed by Presidential Decree and the Ministers concerned may delegate or re-delegate part of his/her appointment authority referred to in paragraph (2) and part of his/her appointment authority that is delegated by the President to the heads of their auxiliary administrative agencies or the heads of administrative agencies that belong to their Ministries as prescribed by Presidential Decree. |
| (4) |
Public officials belonging to the National Assembly shall be appointed by the Speaker, but the authority of appointment may be partially delegated to the head of the agency under the jurisdiction of the National Assembly, as prescribed by the National Assembly Regulations. |
| (5) |
Public officials belonging to the courts shall be appointed by the Chief Justice of the Supreme Court, but the authority of appointment may be partially delegated to the head of the agency under the jurisdiction of the Supreme Court as prescribed by the Supreme Court Regulations. |
| (6) |
Public officials belonging to the Constitutional Court shall be appointed by the President of the Constitutional Court, but the authority of appointment may be partially delegated to the Secretary General of the Constitutional Court, as prescribed by the Constitutional Court Regulations. |
| (7) |
Public officials of Grade V or higher who belong to election commissions shall be appointed by the Chairman of the National Election Commission, through a resolution of the National Election Commission, and those of Grade VI or lower, by the Secretary General of the National Election Commission. In such cases, the Chairman of the National Election Commission may delegate part of his/her appointment authority to the standing member and the Secretary General of the National Election Commission, and the chairmen of the City/Do election commissions; and the Secretary General of the National Election Commission, to the chairmen of the City/Do election commissions, respectively, as prescribed by the National Election Commission Regulations. <Amended by Act No. 11530, Dec. 11, 2012> |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 32-2 (Personnel Rotations) |
|
The Minister of Security and Public Administration may devise a plan for personnel rotation, where deemed necessary to conduct personnel rotation between administrative agencies, and between administrative agencies, educational institutions and research institutions, or public institutions; and implement the plan after obtaining approval from the Prime Minister. <Amended by Act No. 11489, Oct. 22, 2012; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9296, Dec. 31, 2008]
law view
| Article 32-3 (Concurrent Holding of Offices) |
|
If the positions and details of duties are similar, and it is deemed to cause no hindrance to carrying out the duties of which officials are in charge, any public official in general service may concurrently hold any office as a public official in special service, such as professor, etc., or in general service in any specific professional field, or as an officer or staff member of such relevant educational or research institution, or other institution or organization, as prescribed by Presidential Decree, as prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations or Presidential Decree, and any executive or employee of such institution or organization prescribed by Presidential Decree may also concurrently hold any office as a public official in extraordinary civil service in a specific professional field. <Amended by Act No. 11530, Dec. 11, 2012>
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 32-4 (Dispatched Service) |
|
| (1) |
If deemed necessary for the performance of any national project, or for any administrative support, training, ability development, etc. related to the performance of such project, the head of any State agency may dispatch public officials under his/her jurisdiction to another State agency, public organization, government-funded institution, domestic or foreign institutions for education or research, or other institutions for working there for a specified period, and if deemed necessary for the joint performance of a national project or for the efficient performance of special functions requiring expertise, he/she may request any institution or organization other than State agencies to dispatch its executives or employees for working at the agency headed by him/her. |
| (2) |
If the ground for dispatching any public official ceases to exist, or no prospect of accomplishing the purpose of dispatch exists, the person who has authority to dispatch him/her shall, without delay, order him/her to return to the agency to which he/she belongs immediately before the dispatch. |
| (3) |
The executives or employees dispatched by any institution or organization other than State agencies pursuant to paragraph (1) shall be deemed public officials in performing their duties, or in applying penal provisions under the Criminal Act or other Acts. |
| (4) |
The ground, period, and procedure for dispatching a public official to any other State agency, or any institution or organization or the dispatch of an executive or employee of any institution or organization other than State agencies to any State agency, new employment for personnel rotation of dispatched public officials, promotion of dispatched public officials, the service during dispatch, and other necessary matters shall be determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 32-5 (Principles for Management of Assigned Positions) |
|
| (1) |
Except as otherwise provided for by other Acts and subordinate statutes, the appointment authority or appointment-recommendation authority shall assign a public official under its jurisdiction to a position corresponding to his/her class, taking into consideration the grade and occupational subcategory to which he/she belongs: Provided, That public officials who are not subject to the classification of ranks, and the categorization of occupational group and occupational category, among public officials in general service who belong to the senior civil service, and public officials under Article 4 (2) 1, shall be appointed to positions taking into account their qualifications, careers, etc. <Amended by Act No. 11530, Dec. 11, 2012> |
| (2) |
A public official under its jurisdiction shall be appointed to a position commensurate with his/her qualifications taking into consideration the major field of his/her study, training, service career, specialty, aptitude, etc. In such cases, matters necessary for the criteria for controlling assignment of positions shall be determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 33 (Grounds for Disqualification) |
|
No person who falls under any of the following subparagraphs shall be appointed as a public official: <Amended by Act No. 10148, Mar. 22, 2010; Act No. 11992, Aug. 6, 2013>
| 1. |
An adult ward or limited ward; |
| 2. |
A person who was declared bankrupt and has not yet been reinstated; |
| 3. |
A person in whose case five years have not passed since his/her imprisonment without prison labor or a heavier punishment as declared by a court was completely executed or exempted; |
| 4. |
A person who was sentenced by the suspension of the execution of imprisonment without prison labor or a heavier punishment and for whom two years have not passed since the period of suspension expired; |
| 5. |
A person who is under a suspended sentence of imprisonment without prison labor or a heavier punishment as declared by a court; |
| 6. |
A person who is disqualified, or whose qualification is suspended, pursuant to a judgment of the court or other Acts; |
| 6-2. |
A person who had committed a crime prescribed in Articles 355 and 356 of the Criminal Act with regard to his/her duty during the period of service as public official, and for whom two years have not passed from the time punishment became final and conclusive after being sentenced to a fine not less than three million won; |
| 7. |
A person who was removed from office by a disciplinary action, and for whom five years have not passed thereafter; |
| 8. |
A person who was dismissed by a disciplinary action, and for whom three years have not passed thereafter. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 34 (Examination Administering Agency) |
|
| (1) |
Any examination for appointment and promotion and other examinations for public officials who are to serve in administrative agencies shall be administered by the Minister of Security and Public Administration: Provided, That the Minister of Security and Public Administration may, if difficult to hold such examinations for himself/herself, hold them jointly with other administrative agencies concerned or he/she may commission the heads of other administrative agencies to conduct part of such examinations, as prescribed by Presidential Decree. <Amended by Act No. 8996, Mar. 28, 2008; Act No. 11690, Mar. 23, 2013> |
| (2) |
Deleted. <by Act No. 7187, Mar. 11, 2004> |
| (3) |
Any examination for appointment and promotion and other examinations for public officials under the jurisdiction of the National Assembly and courts shall be administered by the National Assembly Secretariat or National Court Administration. In such cases, the Secretary General of the National Assembly or Director of the National Court Administration may administer them by entrusting any subordinate agency with a part thereof as prescribed by the National Assembly Regulations or Supreme Court Regulations. <Amended by Act No. 8996, Mar. 28, 2008> |
| (4) |
Any examination for appointment and promotion and other examinations for public officials under the jurisdiction of the Constitutional Court shall be administered by the Secretariat of the Constitutional Court: Provided, That the Secretary General of the Constitutional Court may entrust the Minister of Security and Public Administration or Director of the National Court Administration with the administration of all or part of such examinations. <Amended by Act No. 8996, Mar. 28, 2008; Act No. 11690, Mar. 23, 2013> |
| (5) |
Any examination for appointment and promotion and other examinations for public officials who belong to election commissions shall be administered by the Secretariat of the National Election Commission, but some of such examinations may be administered by entrusting them to the chairmen of the City/Do election commissions, as prescribed by the National Election Commission Regulations: Provided, That the Secretary General of the National Election Commission may entrust the Minister of Security and Public Administration with all or part of such examinations, or appoint a person who has passed any open competitive recruitment examination conducted by the Minister of Public Adminstration and Security, deeming him/her as a person who has passed such examination conducted by any election commission. <Amended by Act No. 8996, Mar. 28, 2008; Act No. 11690, Mar. 23, 2013> |
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| Article 35 (Principle of Equality) |
|
Any examination for appointment through open competition shall be open equally to all citizens having the equal qualification, and the date and venue of the examination shall be decided by taking into consideration the convenience of the applicants therefor.
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 36 (Eligibility for Examination) |
|
Minimum eligibility requirements for various examinations, etc., required for carrying out duties to be assumed shall be determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree.
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 36-2 (Additional Points in Public Service Examinations) |
|
Where any person who holds qualification under the National Technical Qualifications Act or other Acts and subordinate statutes applies for a public service examination, prescribed additional points may be awarded to him/her, as determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree.
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 37 (Public Announcements on Examinations) |
|
| (1) |
When an open competitive recruitment examination, an open competitive promotion examination, or a competitive recruitment examination for career service positions is implemented, matters necessary for the grade and position to be appointed, qualifications for participation in the examination, the number of persons to be selected, method, date and venue of examination, etc. shall be announced publicly, as prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree: Provided, That the public announcement may be omitted if the examination is to be conducted for candidates from within the organization pursuant to the proviso to Article 28 (2). <Amended by Act No. 10699, May 23, 2011; Act No. 11530, Dec. 11, 2012> |
| (2) |
If required for filling any vacancy without difficulty, an open competitive recruitment examination may be administered after determining in advance the area or agency in which the service is to be carried out. In such cases, any public official who is selected by such examination shall work in such service area or agency for such period prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 38 (List of Candidates for Appointment) |
|
| (1) |
The head of the examination administering agency shall enter those who have passed an open competitive recruitment examination on the list of candidates for appointment as prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. <Amended by Act No. 11992, Aug. 6, 2013> |
| (2) |
The effective period of the list of candidates for appointment of those who have passed an open competitive recruitment examination for public officials under Article 28 (1) shall be determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree within a two-year period: Provided, That the head of the examination administering agency may extend the period within an one-year period as necessary. <Amended by Act No. 11992, Aug. 6, 2013> |
| (3) |
The period prescribed in the following subparagraphs shall not be counted in the period under paragraph (2): |
| 1. |
Period of compulsory service, in cases where a person who has passed an open competitive recruitment examination registers his/her name on the list of candidates for appointment and then joins the armed service pursuant to the Military Service Act within the effective period (including those who have completed the students' military training course); |
| 2. |
Period in which it is impossible to be appointed by any reason prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. |
| (4) |
When the head of the examination administering agency has decided to extend the effective period of the list of candidates for appointment under paragraph (2), he/she shall make, without delay, a public announcement thereon. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 39 (Procedures for Appointment of Candidates) |
|
| (1) |
The head of the examination administering agency shall recommend any candidate stated in the list of candidates for appointment to the agency having the authority of appointment or recommendation for appointment, as prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree: Provided, That if required for a preferential appointment of those who have passed an open competitive recruitment examination, the Minister of Security and Public Administration may designate any agency in which they are to serve, and appoint any candidate or recommend the appointment of the candidate, notwithstanding the provisions of Article 32 (1) through (3). <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
When an appointment authority or appointment-recommendation authority appoints a candidate for appointment recommended under paragraph (1), it shall give the immediate notice of the results thereof to the head of the examination administering agency. |
| (3) |
If a candidate for appointment falls under any of the following subparagraphs, he/she shall lose eligibility as a candidate: |
| 1. |
Where a candidate fails to comply with the appointment or recommendation for appointment by the agency in which he/she is recommended under paragraph (1); |
| 2. |
Where a candidate does not take part in training for those who are to be probationary appointee under Article 50; |
| 3. |
Where a candidate's training record fails to meet the standard determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. |
| (4) |
An appointment authority may conduct service practice training for candidates before they are appointed. In such cases, the candidate on a service practice training shall, where he/she conduct any acts on his/her duties, or where a penal provision is applied pursuant to the Criminal Act or any other Acts, be deemed a public official. <Newly Inserted by Act No. 11489, Oct. 22, 2012> |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 40 (Promotions) |
|
| (1) |
Any promotion shall be made based on work performance rating, career rating and other actual proof of ability: Provided, That any promotion to positions in Grades I through III or to positions in the senior civil service shall be made taking into consideration the ability, career, etc., and any promotion to the position of Grade V shall be made through an examination for promotion, but if deemed necessary, it may be made through examination of the promotion screening committee, as prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. |
| (2) |
If deemed necessary for promotion to positions in Grade VI or lower, the examination for promotion may be conducted concurrently as prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. |
| (3) |
The minimum years of service by grade required for a promotion, restrictions on promotions, or other matters necessary for promotion shall be determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 40-2 (Method of Promotion) |
|
| (1) |
The appointment or recommendation for appointment for any promotion to the position of Grade I shall be made from among public officials of the immediately lower grade, that for any promotion to the positions of Grades II and III, from among those of the immediately lower grade in the same occupational group, and that for any promotion to the positions of the senior civil service, from among persons who have the qualifications, careers, etc. prescribed by Presidential Decree. |
| (2) |
The appointment or recommendation for appointment for any promotion through an examination shall be made in the order of promotion determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree, from among those who have passed the examination for promotion: Provided, That with respect to the method of appointment of those stated in the list of candidates for promotion after passing an open competitive promotion examination, the provisions of Article 39 (1) and (2) shall apply mutatis mutandis. |
| (3) |
Any appointment other than that as referred to in paragraphs (1) and (2) shall be made from among public officials of the immediately lower grade in the same class, but it shall be made or recommended in accordance with the number of vacancies to be filled, in the order of precedence in the list of candidates for promotion, within the extent determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. |
| (4) |
The head of each agency shall prepare the list of candidates for promotion by class in the order of the service record, career rating and other actual proof of ability, as prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. |
| (5) |
The list of candidates for promotion of public officials who have passed an open competitive examination for promotion to Grade V shall be prepared by the Secretary General of the National Assembly, Director of the Office of Court Administration, Secretary General of the Constitutional Court, Secretary General of the National Election Commission, or Minister of Security and Public Administration. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 40-3 (Promotion Screening) |
|
| (1) |
An appointment or proposal for appointment under Article 40-2 (1), (3) or 40-4 (1) 1 through 3 shall undergo prior screening by the promotion screening committee. |
| (2) |
For the promotion screening referred to in paragraph (1), the central promotion screening committee shall be established under the jurisdiction of the Secretary General of the National Assembly, Director of the Office of Court Administration, Secretary General of the Constitutional Court, or Secretary General of the National Election Commission, and the senior civil service appointment screening committee shall examine promotion of public officials belonging to the Administration under Article 28-6 (3), and an ordinary promotion screening committee, for each appointing or appointment-recommendation authority, shall be established. |
| (3) |
The composition, authority and operation of the promotion screening committees, and other necessary matters shall be determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 40-4 (Special Promotion of Exceptional Public Official, etc.) |
|
| (1) |
Notwithstanding the provisions of Articles 40 and 40-2, if a public official falls under any of the following subparagraphs, he/she may receive special promotion, or participate on a priority basis in the examination for general promotion: |
| 1. |
A person who has been exemplary to other public officials in maintaining the fairness in execution of public services and realizing a clean public service society by diligently discharging his/her duties with integrity and with a spirit of service; |
| 2. |
A person who has made a huge contribution to the development of administration by a prominent ability in performing his/her duties; |
| 3. |
A person who has achieved remarkable actual result in the operation and development of administration, such as reduction of the national budget, etc., by adopting and implementing any proposal prescribed in Article 53; |
| 4. |
When a person who has rendered particularly distinguished service during his/her tenure of office goes into an honorable retirement under Article 74-2; |
| 5. |
When a person who has rendered particularly notable distinguished service during his/her tenure of office, dies in the course of public service. |
| (2) |
The requirements for special promotion and other necessary matters shall be determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 41 (Method of Promotion Examinations) |
|
| (1) |
The examination for promotion shall be classified into general promotion examination and open competitive promotion examination. |
| (2) |
General promotion examinations shall be conducted for those who are included in a double to fivefold number of the vacancies to be filled by promotion, or the sum of present and anticipated vacancies, in the order of precedence in the list of candidates for promotion, and the successful candidates shall be determined by results summed up the examination marks and the rating marks on the list of candidates for promotion: Provided, That it is necessary to extend the opportunities for promotion to recruit capable public officials, examinations may be conducted by adjusting the range of the eligible candidates’ pool, as prescribed by Presidential Decree. <Amended by Act No. 10699, May 23, 2011> |
| (3) |
The open competitive promotion examination shall be limited to promotions to Grade V, but shall be conducted in cases where required to maintain balance among agencies in the opportunity of promotion, and to select capable public officials, and successful candidates shall be determined by the results of examination. |
| (4) |
Those eligible for applying for the examination, method of application, method of decision on those successful in the examination, and the outcome of the success in the examination, in an examination for promotion referred to in paragraphs (2) and (3), and other matters necessary for the examination for promotion, shall be determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 42 (Preferential Appointment of Person of Distinguished Service to State) |
|
| (1) |
In appointing public officials, any person of distinguished service to the State shall be appointed preferentially as prescribed by Acts and subordinate statutes. |
| (2) |
Matters concerning preferential appointment referred to in paragraph (1) shall be managed by the Secretary General of the National Assembly, Director of the Office of Court Administration, Secretary General of the Constitutional Court, Secretary General of the National Election Commission, or Minister of Security and Public Administration: Provided, That the enactment, amendment, and repeal of Acts and subordinate statutes concerning appointment, and other important policies shall be consulted with the Minister of Patriots and Veterans Affairs. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 43 (Filling of Vacancy Resulting from Leave of Absence or Dispatch) |
|
| (1) |
If a public official temporarily retires for six months or more under the provisions of Article 71 (1) 1, 3, 5 and 6, 71 (2), or 73-2, the fixed number of personnel corresponding to the grade or position corresponding thereto of the relevant temporary retiree (in cases of any public official belonging to the senior civil service, referring to a position similar to the position of the relevant temporary retiree in terms of the level of complexity and responsibility) shall be considered to exist separately from the date of leave of absence, and such vacancy may be filled: Provided, That even when he/she temporarily retires from office under Article 71 (2) 4 for three months or more, such vacancy may be filled as prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, Central Election Commission Regulations, or Presidential Decree, and where the employee takes a continuous leave for maternity and child care, the vacated position of the employee may be filled from the date the maternity leave commences. <Amended by Act No. 9296, Dec. 31, 2008; Act No. 10699, May 23, 2011; Act No. 11530, Dec. 11, 2012> |
| (2) |
If a public official is dispatched under Article 32-4, the fixed number of personnel corresponding to the class of the relevant dispatched person (in cases of any public official who belongs to the senior civil service, referring to the position similar to the position of the relevant dispatched person in terms of the level of difficulty and responsibility; hereafter the same shall apply in this Article) shall be considered to be separately determined during the dispatch period, and the vacancy caused by such dispatch may be filled, as prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree: Provided, That the same shall not apply where not more than two months are left to the expiration of the dispatch. |
| (3) |
If the appeals review committee or the court has made a decision or judgment of nullification or cancellation against a disposition for removal, release, dismissal, or demotion, the fixed number of personnel corresponding to the grade and position in which the person subject to a disposition for removal, release, dismissal, or demotion is previously included shall be considered to be determined separately as at the time when the vacancy caused by such disposition is filled. <Amended by Act No. 10699, May 23, 2011; Act No. 11530, Dec. 11, 2012> |
| (4) |
The fixed number of personnel referred to in paragraphs (1) through (3) shall be considered to be reduced when the first vacancy occurs in the class after any of the following causes occurs: Provided, That the fixed number of public officials in non-career service shall be deemed to cease to exist when the reasons prescribed by subparagraph 1 occur: <Amended by Act No. 10699, May 23, 2011; Act No. 11530, Dec. 11, 2012> |
| 1. |
Reinstatement of a person in leave of absence; |
| 2. |
Return of a dispatched person; |
| 3. |
Return of a removed, released or dismissed person to his/her former office, or reinstatement of a demoted person to his/her former class of position. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Articles 43-2 and 43-3 Deleted. <by Act No. 3150, Dec. 5, 1978> |
|
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| Article 44 (Prohibition of Interfering with Examination or Appointment) |
|
No person shall intentionally engage in any conduct interfering with, or exerting any unfavorable effect on, any examination or appointment.
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 45 (Prohibition of Malpractice concerning Personnel Affairs) |
|
No person shall make any false or unlawful statement, record, certification, marking or report on any selection examination, promotion, appointment or other personnel records.
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 46 (Principles of Determination on Remuneration) |
|
| (1) |
The remuneration of public officials shall be determined by rank, by position or by class of duty so as to be adapted to the complexity of duties and the degree of responsibility: Provided, That the remuneration for the following public officials may be determined separately: <Amended by Act No. 11530, Dec. 11, 2012> |
| 1. |
Public officials engaging in duties, the complexity and responsibility of which are considerably specialized, or in duties for which the filling any vacancy is difficult; |
| 2. |
Public officials who are not subject to the classification of ranks, or categorization of occupational group and occupational category prescribed in Article 4 (1) pursuant to Article 4 (2). |
| 3. |
Public official in a fixed term position. |
| (2) |
The remuneration of public officials shall be determined by taking into consideration the standard living cost of the general public, price levels and other circumstances, and efforts shall be made to maintain appropriate balance with private enterprise wages. |
| (3) |
The remuneration of public officials shall be balanced among those in career service, and between those in career service and those in non-career service. |
| (4) |
The salary in the remuneration of public officials, excluding those determined by Acts, shall be determined by Presidential Decree. |
| (5) |
No money or valuables may be paid as remuneration of public officials, unless it is provided for by this Act or other Acts. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 47 (Provisions concerning Remuneration) |
|
| (1) |
The following matters concerning the remuneration of public officials shall be determined by Presidential Decree: |
| 1. |
Matters concerning salaries, salary classes and raises in salary; |
| 2. |
Matters concerning allowances; |
| 3. |
Matters concerning payment method, calculation and payment of remuneration. |
| (2) |
Notwithstanding the provisions of paragraph (1), matters concerning payment of special allowances and the bonus or special raise in salary as prescribed in Article 51 (2) shall be determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. |
| (3) |
Where public officials have received remunerations under paragraph (1) by fraud or other wrongful means, such remunerations may be collected within the extent of the amount equivalent to two times the remunerations. <Newly Inserted by Act No. 9296, Dec. 31, 2008> |
| (4) |
Matters concerning the types of remunerations and additional charges, etc. that can be additionally collected under paragraph (3) shall be determined by Presidential Decree. <Newly Inserted by Act No. 9296, Dec. 31, 2008; Act No. 11530, Dec. 11, 2012> |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 48 (Reimbursement of Actual Expenses, etc.) |
|
| (1) |
Any public official is entitled to reimbursement of actual expenses incurred in carrying out his/her duties, in addition to his/her remuneration, as prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. |
| (2) |
If a public official was entrusted with a special research topic in addition to duties which he/she is in charge, and has completed it, to the extent that it does not impede the performance of his/her proper work, with the permission of the head of the agency to which he/she belongs, he/she may receive compensation for it. |
| (3) |
If a public official receives reimbursement or compensation for the actual expenses under paragraphs (1) and (2) by fraud or other wrongful means, charges that are twice the amount received may be additionally collected. <Newly Inserted by Act No. 11530, Dec. 11, 2012> |
| (4) |
The types of reimbursement, or compensation for actual expenses, the additional charges, etc. that can be additionally collected in accordance with paragraph (3) shall be determined by Presidential Decree. <Newly Inserted by Act No. 11530, Oct. 22, 2012>. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 49 (Remuneration of Person Dispatched by Institution other than State Agencies) |
|
The remuneration of an executive or employee dispatched by any institution or organization other than State agencies pursuant to Article 32-4 (1) shall be paid by the said institution or organization, and the agency to which he/she is dispatched may compensate that institution or organization for actual expenses incurred by him/her, etc., by applying mutatis mutandis
the provisions of Article 48: Provided
, That the agency to which he/she is dispatched may, if deemed especially necessary, pay him/her remuneration in consultation with that institution or organization.
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 50 (Education and Training) |
|
| (1) |
In order to cultivate knowledge, technique and abilities for application to the duties in charge, all public officials and probationary public officials shall undergo education and training as prescribed by Acts and subordinate statutes. |
| (2) |
The Secretary General of the National Assembly, Director of the Office of Court Administration, Secretary General of the Constitutional Court, Secretary General of the National Election Commission or Minister of Security and Public Administration shall exercise overall planning and coordination with regard to such education and training by obtaining cooperation for each agency. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
The head of each agency and any public official in a managerial position shall take responsibility for developing the ability of personnel under his/her jurisdiction through daily tasks, education and training, etc. |
| (4) |
The actual results of education and training shall be reflected in personnel management. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 51 (Rating of Service Records) |
|
| (1) |
The head of each agency shall rate regularly or at any time the service records of public officials under his/her jurisdiction in an objective and strict manner, and reflect the rating in the personnel management. |
| (2) |
Any person whose service merit turns out to be excellent as a result of the service record rating referred to in paragraph (1), may either receive a bonus, or a special promotion. |
| (3) |
Matters concerning service record rating referred to in paragraph (1) shall be determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 52 (Matters to be Implemented for Increased Efficiency) |
|
The Secretary General of the National Assembly, Director of the Office of Court Administration, Secretary General of the Constitutional Court, Secretary General of the National Election Commission or Minister of Security and Public Administration shall set up the criteria for the health, recreation, safety, welfare, and other necessary matters for public officials for the purposes of promoting their service efficiency, and the head of each agency shall implement them. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 53 (Proposal System) |
|
| (1) |
A proposal system shall be established for the purposes of developing and adopting any creative opinion or device of public officials to promote efficient and economic operation of administration. |
| (2) |
Any person who has attained remarkable achievements in developing an operation of administration, such as economy in the national budget by adopting and implementing his/her proposal, may receive a bonus, and may be the recipient of a special promotion or may benefit from a special raise in salary. |
| (3) |
Matters necessary for bonuses referred to in paragraph (2) and the operation of the proposal system shall be determined by Presidential Decree. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 54 (Reward and Decoration System) |
|
| (1) |
Decorations, medals, or citations shall be given to any public official who has performed diligently his/her duties, or has furnished remarkable service contributing to society. |
| (2) |
Except as provided for by Acts, matters concerning decorations, medals and citations referred to in paragraph (1) shall be determined by Presidential Decree: Provided, That matters concerning citations may also be determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, or National Election Commission Regulations. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 55 (Oath) |
|
Every public official shall take an oath in the presence of the head of the agency to which he/she belongs, at the time of assumption of office, as prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree: Provided, That if extenuating circumstances exist otherwise, the oath may be taken after assumption of office.
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 56 (Duty of Fidelity) |
|
Every public official shall observe Acts and subordinate statutes, and faithfully perform his/her duties.
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 57 (Duty of Obedience) |
|
Every public official shall obey each order of his/her superior officer with respect to his/her duties.
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 58 (Prohibition of Deserting from Office) |
|
| (1) |
No public official shall desert his/her office without permission of his/her superior officer or any justifiable reason. |
| (2) |
If a criminal investigative agency wishes to restrain a public official, the agency shall give prior notice thereof to the head of the agency to which he/she belongs: Provided, That in cases of a flagrante delicto, this shall not apply. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 59 (Duty of Kindness and Impartiality) |
|
Every public official shall work kindly and impartially as servants of all citizens.
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 59-2 (Duty of Religious Neutrality) |
|
| (1) |
Every public official shall perform his/her duties without discrimination based on religion. |
| (2) |
Every public official need not obey an order related to the performance of duties issued by his/her superior officers, if such order violates paragraph (1). |
[This Article Newly Inserted by Act No. 9419, Feb. 6, 2009]
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| Article 60 (Duty of Confidentiality) |
|
Every public official shall keep the information he/she becomes aware of in the course of carrying out his/her duties, not only during his/her tenure of office, but also after his/her retirement.
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 61 (Duty of Integrity) |
|
| (1) |
No public official may give or receive directly or indirectly any reward, donation or entertainment in connection with his/her duties. |
| (2) |
No public official shall give any donation to his/her superior officers, or receive any donation from his/her subordinates, regardless of any connection with his/her duties. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 62 (Case Receiving Honor, etc. from Foreign Government) |
|
In cases where a public official receives any honor or donation from a foreign government, he/she shall obtain the permission of the President.
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 63 (Duty to Maintain Dignity) |
|
No public official shall engage in any conduct detrimental to his/her dignity, regardless of whether it is for the performance of his/her duties.
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 64 (Prohibition of Pecuniary Business and Concurrent Office) |
|
| (1) |
No public official shall be engaged in any business aiming at profit-making other than public service, and concurrently hold another office without permission of the head of the agency to which he/she belongs. |
| (2) |
The scope of the business aiming at profit-making as referred to in paragraph (1) shall be determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
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| Article 65 (Prohibition of Political Activities) |
|
| (1) |
No public official may participate in an organization of, or join in, any political party or other political organization. |
| (2) |
No public official shall engage in the following activities to support or oppose a specified political party or person in an election: |
| 1. |
Soliciting any person to cast or not to cast a vote; |
| 2. |
Attempting, superintending, or soliciting a signed petition campaign; |
| 3. |
Putting up, or causing another person to put up, documents or books at public facilities, etc.; |
| 4. |
Raising, or causing another person to raise, any contribution, or using, or causing another person to use, public funds; |
| 5. |
Soliciting another person to join or not to join a political party or any other political organization. |
| (3) |
No public official shall demand other officials to engage in any activity against paragraphs (1) and (2), or promise him/her any advantage or disadvantage as a reward or retaliation for any political activities. |
| (4) |
The scope of any political activity prohibited other than those referred to in paragraph (3) shall be determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 66 (Prohibition of Collective Activities) |
|
| (1) |
No public official shall engage in any collective activity for any labor campaign, or activities other than public services: Provided, That those who are actually engaged in labor shall be excluded herefrom. |
| (2) |
The scope of public officials who are engaged in actual labor as referred to in the proviso to paragraph (1) shall be determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. |
| (3) |
If a public official who falls under the proviso to paragraph (1), and is a member of a labor union, desires to take exclusive charge of affairs of the union, he/she shall obtain the permission of the Minister to which he/she belongs. |
| (4) |
Any necessary condition may be attached to the permission referred to in paragraph (3). |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 67 (Provisions for Delegation) |
|
Except as provided for by this Act, matters necessary for the service of public officials shall be determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree.
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
CHAPTER VIII GUARANTEE OF STATUS
law view
| Article 68 (Measures on Status against Will) |
|
No public official shall be suspended from service, demoted, or dismissed from service against his/her will unless he/she is sentenced to a penalty, is issued disciplinary disposition or is subject to a reason prescribed by this Act: Provided, That the same shall not apply to cases of public officials of Grade I, and public officials in general service belonging to the senior civil service who is appointed to a position of the highest grade from among the duty grades assigned as prescribed in Article 23.
[This Article Wholly Amended by Act No. 10148, Mar. 22, 2010]
law view
| Article 69 (Ipso Facto Retirement) |
|
If a public official falls under any of the subparagraphs of Article 33, he/she shall retire ipso facto: <Amended by Act No. 10148, Mar. 22, 2010; Act No. 11530, Oct. 22, 2012>
| 1. |
Where a public official falls under any subparagraph of Article 33: Provided, That subparagraph 5 of the same Article shall apply only to cases in which a public official committed a crime prescribed in Articles 129 through 132 of the Criminal Act, and a crime prescribed in Articles 355 and 356 of the same Act with regard to his/her duty, who has been sentenced to the suspension of sentence of imprisonment without labor or heavier; |
| 2. |
Where the term of office for a public official in a fixed-term position expires. |
[This Article Wholly Amended by Act No. 11530, Dec. 11, 2012]
law view
| Article 70 (Ex Officio Dismissal) |
|
| (1) |
If a public official falls under any of the following subparagraphs, the appointment authority may dismiss him/her ex officio: <Amended by Act No. 8996, Mar. 28, 2008; Act No. 11530, Oct. 22, 2012> |
| 1. |
and 2. Deleted; <by Act No. 4384, May 31, 1991> |
| 3. |
Where his/her position is abolished, or the fixed number of personnel is exceeded, due to an alteration and abolition of the organization of office and the fixed number of personnel, reduction of budget, etc.; |
| 4. |
Where he/she fails to return to his/her duties, or is unable to carry out his/her duties, after the period of the leave of absence expires or the grounds for the leave of absence cease to exist; |
| 5. |
Where it is deemed difficult to expect that a person placed under a waiting order issued pursuant to Article 73-3 (3) will improve his/her ability or service record during that period; |
| 6. |
Where he/she has failed three or more times to pass an examination to change his/her position and is deemed to lack ability to carry out his/her duties; |
| 7. |
Where he/she has evaded an order of an examination for conscription, an enlistment, or a draft without any justifiable reason, or where a person who is on leave of absence for military service deserts his/her duties during such military service; |
| 8. |
Where he/she becomes unable to carry out his/her duties because his/her qualification certificate required for carrying out his/her duties in his/her grade and position loses its effect, or his/her license is cancelled; |
| 9. |
Where any public official who belongs to the senior civil service is subject to a decision of disqualification as a result of the examination of his/her qualifications provided for in Article 70-2. |
| (2) |
Where an appointment authority has to dismiss a public official pursuant to the provisions of paragraph (1) 3 through 8, it shall hear the opinion of the competent disciplinary committee in advance: Provided, That in cases of dismissal under paragraph (1) 5, the authority shall obtain the consent of the disciplinary committee. <Amended by Act No. 8996, Mar. 28, 2008> |
| (3) |
When an appointment authority or appointment-recommendation authority intends to dismiss a public official under its jurisdiction in accordance with the provisions of paragraph (1) 3, it shall establish the standards for dismissal, taking into account the type of appointment, service records, capacity for job performance and disciplinary punishment, if any, of respective public officials whose dismissal is under consideration. <Amended by Act No. 8996, Mar. 28, 2008> |
| (4) |
In establishing the standards for dismissal referred to in paragraph (3) or determining particular public officials to be dismissed pursuant to paragraph (1) 3, the appointment authority or appointment-recommendation authority (referring to the head of the relevant central personnel management agency, when the relevant authority is unclear) shall each establish a deliberation committee, to which the matters concerning the dismissal should be referred for deliberation and decision. <Amended by Act No. 8996, Mar. 28, 2008> |
| (5) |
The appointment authority or appointment-recommendation authority shall concurrently serve as the chairperson of the relevant deliberation committee under paragraph (4) and the members thereof shall consist of five to seven persons designated by the chairperson from among highranking public officials or public officials in general service who belong to the senior civil service who are higher in rank than those to be dismissed, but the high-class public officials or the public officials in general service who belong to the senior civil service who are higher in ranks than those to be dismissed shall be preferentially designated: Provided, That if the number of high-class public officials or public officials in general service who belong to the senior civil service is insufficient, the members may be four persons or less. <Amended by Act No. 8996, Mar. 28, 2008> |
| (6) |
The date of ex officio dismissal under paragraph (1) 4 shall be the day on which the period of the leave of absence expires or the ground for the temporary retirement ceases to exist. <Amended by Act No. 8996, Mar. 28, 2008> |
law view
| Article 70-2 (Examination of Qualifications) |
|
| (1) |
Where a public official in general service who belongs to the senior civil service falls under any of the following subparagraphs, he/she shall undergo the examination performed to determine whether he/she is qualified to serve as a high-ranking public official (hereinafter referred to as "examination of qualifications"): <Amended by Act No. 10148, Mar. 22, 2010; Act No. 11530, Dec. 11, 2012> |
| 1. |
When every five-year period lapses from the date on which he/she is appointed as a public official who belongs to the senior civil service: Provided, That with respect to any public official who is appointed during the relevant period, to an open position provided for in Article 28-4 or the publicly recruited position provided for in Article 28-5, when five years lapse from the date on which he/she is so appointed; |
| 2. |
When he/she has been given the lowest grade rating in the evaluation of his/her work performance for two years or more in total. In such cases, if he/she has worked as a public official in special service belonging to the senior civil service before he/she is appointed as a public official in general service belonging to the senior civil service, the lowest grade rating given during his/her tenure of office is included; |
| 3. |
When he/she has not been appointed to a position for a total of two years without justifiable grounds prescribed by Presidential Decree. |
| (2) |
The examination of qualifications referred to in paragraph (1) 1 shall be conducted within six months from the date on which the grounds thereof arise, and the examination of qualifications referred to in paragraph (1) 2 and 3 shall be conducted within three months from the date on which the grounds thereof arise. |
| (3) |
The examination of qualifications shall be performed on the basis of the evaluation of work performance and abilities, and the person falling under any of the following subparagraphs, who is judged to have difficulty in performing his/her duties as a high-ranking public official, as prescribed by Presidential Decree, shall be disqualified: |
| 1. |
Any person who falls under the grounds referred to in paragraph (1) 1, whose work performance and period of non-appointment, etc. correspond to the grounds referred to in paragraph (1) 2 or 3; |
| 2. |
Any person who falls under the grounds referred to in paragraph (1) 2 or 3. |
| (4) |
The senior civil service appointment screening committee under Article 28-6 (1) shall examine the qualifications of public officials under paragraphs (1) through (3). <Amended by Act No. 10699, May 23, 2011> |
| (5) |
The relevant Minister shall, where a public official under his/her control falls under any subparagraph of paragraph (1), ask, without delay, the Minister of Security and Public Administration to examine the qualifications of the public official. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 71 (Leave of Absence) |
|
| (1) |
If a public official falls under any of the following subparagraphs, the appointment authority shall order him/her to temporarily retire contrary to his/her will: <Amended by Act No. 8996, Mar. 28, 2008> |
| 1. |
Where he/she is in need of long-term medical care due to any physical or mental disability; |
| 2. |
Deleted; <by Act No. 3150, Dec. 5, 1978> |
| 4. |
Where it is unknown whether he/she is alive or dead, due to any force majeure, war, or emergency, or for other reasons; |
| 5. |
Where he/she deserts his/her office in order to discharge such duties as prescribed by other Acts; |
| (2) |
If a public official wishes to retire temporarily for the following reasons, the appointment authority may order him/her to do so: Provided, That in cases of subparagraph 4, leave of absence shall be ordered unless extenuating circumstances exist to the contrary as prescribed by Presidential Decree: <Amended by Act No. 8996, Mar. 28, 2008, Act No. 19104, May 23, 2011; Act No. 10699, May 23, 2011; Act No. 11992, Aug. 6, 2013> |
| 1. |
Where he/she is employed temporarily by an international organization, foreign institution, college or university or research institution in Korea or abroad, other State agencies, or a private enterprise prescribed by Presidential Decree, and other institutions; |
| 2. |
Where he/she is going to study abroad; |
| 3. |
Where he/she is to receive training at a research or educational institute, etc. designated by the head of the central personnel management agency; |
| 4. |
Where it is required for raising a child under 8 years of age (referring to a child in the second grade or lower, if the child is at school) prior to attending an elementary school, or when any female public official becomes pregnant or gives birth; |
| 5. |
Where it is required for nursing a grandparent, parent (including parents of a spouse), spouse, child or grandchild, who requires long-term medical care due to any accident, disease, etc.: Provided, That in order to take a leave of absence to take care of his/her grandparents or grandchildren, a person shall satisfy such requirements as cases where there is no one else than the person himself/herself to nurse the grandparent or grandchildren, as prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree; |
| 6. |
Where he/she accompanies his/her spouse who will work, study or train abroad. |
| (3) |
Paragraphs (1) and (2), limited to paragraph (1) 1, 3, and (2) 4, shall apply to public officials in a fixed term office. In such cases, the provisions of paragraph (2) 4 shall apply only where the remaining term of office is six months or longer from the commencement date for absence of leave. <Newly Inserted by Act No. 11530, Dec. 11, 2012> |
| (4) |
The appointment authority shall not give any disadvantageous treatment to any public official in terms of personnel management on account of the leave of absence under paragraph (2) 4. <Amended by Act No. 8996, Mar. 28, 2008> |
| (5) |
Matters necessary for operating the leave of absence plans referred to in paragraphs (1) through (4) shall be prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. <Newly Inserted by Act No. 11530, Dec. 11, 2012> |
law view
| Article 72 (Period of Leave of Absence) |
|
The period of leave of absence shall be as follows: <Amended by Act No. 10699, May 23, 2011; Act No. 11992, Aug. 6, 2013>
| 1. |
The period of leave of absence prescribed in Article 71 (1) 1 shall not exceed one year, but if it is inevitable, it may be extended within a one-year period: Provided, That the period of leave of absence due to a disease or injury related to the performance of official duties under the Public Officials Pension Act shall not exceed three years; |
| 2. |
The period of leave of absence prescribed in Article 71 (1) 3 and 5 shall be up to the date on which his/her period of service expires; |
| 3. |
The period of leave of absence prescribed in Article 71 (1) 4 shall not exceed three months; |
| 4. |
The period of leave of absence prescribed in Article 71 (2) 1 shall be the period of his/her employment: Provided, That it shall be up to three years in cases where he/she is employed temporarily by private enterprise and other institutions; |
| 5. |
The period of leave of absence prescribed in Article 71 (2) 2 and 6 shall not exceed three years, but if it is inevitable, it may be extended within a two-year period; |
| 6. |
The period of leave of absence prescribed in Article 71 (2) 3 shall not exceed two years; |
| 7. |
The period of leave of absence prescribed in Article 71 (2) 4 shall not exceed one year (three years for a female public official) per child; |
| 8. |
The period of leave of absence prescribed in Article 71 (2) 5 shall not exceed one year, but may not exceed three years in total during the period of his/her service; |
| 9. |
The period of leave of absence prescribed in Article 71 (1) 6 shall be the period during which he/she is in full service. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 73 (Effect of Temporary Retirement) |
|
| (1) |
Any public official who is in temporary retirement shall hold his/her status, but may not be engaged in performing his/her duties. |
| (2) |
If the grounds for leave of absence cease to exist during a period of temporary retirement, he/she shall report thereon to the appointment authority or appointment-recommendation authority within 30 days, and the appointment authority shall issue, without delay, an order of return to office. |
| (3) |
If a public official whose period of temporary retirement expires makes a report of return to office within 30 days, he/she shall be ipso facto reinstated. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 73-2 (Leave of Absence for Public Officials in Non-Career Service) |
|
| (1) |
The provisions of Articles 71 (1) 3, 71 (2) 4, 71 (4), subparagraphs 2 and 7 of Article 72 and Article 73 shall apply mutatis mutandis to public officials in political service. |
| (3) |
Deleted. <By Act No. 11530, Dec. 11, 2012> |
| (4) |
If otherwise prescribed by other Acts concerning the leave of absence of political officials in special career service, such provisions shall apply. |
[This Article Wholly Amended by Act No. 10699, May 23, 2011]
law view
| Article 73-3 (Release from Position) |
|
| (1) |
The appointment authority may choose not to assign a position to a person who falls under any of the following subparagraphs: <Amended by Act No. 8996, Mar. 28, 2008; Act No. 10148, Mar. 22, 2010> |
| 1. |
Deleted; <by Act No. 2460, Feb. 5, 1973> |
| 2. |
A person who lacks ability to carry out his/her duties, or whose work performance is extremely poor; |
| 3. |
A person against whom a resolution of disciplinary action equivalent to removal, release, degradation or suspension from office is pending; |
| 4. |
A person who is prosecuted for a criminal case (excluding those against whom a summary order is requested); |
| 5. |
A public official in general service who belongs to the senior civil service and is required to undergo an examination of qualifications on the grounds provided for in Article 70-2 (1) 2 and 3. |
| (2) |
Where no position is assigned under paragraph (1), when the cause thereof ceases to exist, the appointment authority shall assign a position without delay. <Amended by Act No. 8996, Mar. 28, 2008> |
| (3) |
The appointment authority shall issue an order imposing a waiting period of not exceeding three months on a person who is released from his/her position under paragraph (1) 2. <Amended by Act No. 8996, Mar. 28, 2008> |
| (4) |
With respect to a person who has received a waiting order under paragraph (3), the appointment authority or appointment-recommendation authority shall take any necessary measures, such as providing education and training, assigning special research subjects, etc. for restoring his/her ability, or improving his/her service record. <Amended by Act No. 8996, Mar. 28, 2008> |
| (5) |
If the grounds for release from a position referred to in paragraph (1) 2 and paragraph (1) 3 or 4 are concurrent with respect to a public official, the disposition of release from position referred to in subparagraph 3 or 4 shall be taken. <Amended by Act No. 8996, Mar. 28, 2008> |
[Newly Inserted by Act No. 1711, Oct. 20, 1965]
law view
| Article 73-4 (Demotion) |
|
| (1) |
If the fixed number of personnel is exceeded, because a position is abolished or is changed to a lower position on grounds of organizational restructuring, changes in the fixed number of personnel, budgetary reductions, etc., or if the person concerned consents thereto, the appointment authority may demote any public official under his/her jurisdiction. <Amended by Act No. 10148, Mar. 22, 2010> |
| (2) |
Notwithstanding the provisions of Articles 40, 40-2, 40-4, and 41, any public official who is demoted under paragraph (1) shall be appointed on a priority basis when a vacancy occurs in a higher class or in a position of the senior civil service: Provided, That a public official who is demoted by his/her consent may be appointed on a priority basis by taking into consideration his/her career backgrounds, the unique circumstances facing the agency concerned in terms of human resources, etc. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 74 (Age of Retirement) |
|
| (1) |
Except as otherwise provided for by other Acts, public officials shall retire at the age of 60. <Amended by Act No. 9113, Jun. 13, 2008> |
| (2) |
Deleted. <by Act No. 9113, Jun. 13, 2008> |
| (3) |
Deleted. <by Act No. 5527, Feb. 24, 1998> |
| (4) |
Where the day on which a public official reaches the retirement age falls between January and June, he/she shall be retired ipso facto from office on the 30th of June, and if between July and December, on the 31st of December, respectively. <Amended by Act No. 8996, Mar. 28, 2008> |
law view
| Article 74-2 (Honorable Retirement, etc.) |
|
| (1) |
If a person who has served as a public official for twenty or more years retires voluntarily from office (including such cases where a public official retires as a public official in career service, not in a fixed term position, as determined by Presidential Decree) before he/she reaches the retirement age, he/she may receive an honorable retirement allowance within budgetary limits. <Amended by Act No. 11530, Dec. 11, 2012> |
| (2) |
Where an organization is abolished or the number of staff in active service exceeds the fixed number due to organizational restructuring or abolition, reduction of the fixed number belonging thereto or curtailment of the relevant budget, any person who has served for less than twenty years may, if he/she voluntarily retires from office, be paid a voluntary early retirement allowance within budgetary limits. |
| (3) |
The head of a State agency who has paid an honorable retirement allowance under paragraph (1) shall, where the person entitled to an honorable retirement allowance falls under subparagraphs 1 and 3 and the head of a State agency who has reappointed the relevant public official shall, where the person entitled to an honorable retirement allowance falls under subparagraph 2 below, recover such honorable retirement allowance; Provided, That if the person liable to pay back honorable retirement allowance is reappointed as a public official, the head of a State agency shall recover the honorable retirement allowance: <Amended by Act No. 9296, Dec. 31, 2008; Act No. 11489, Oct. 22, 2012> |
| 1. |
Where sentenced to a punishment of imprisonment without prison labor or heavier punishment due to reasons arising while on duty; |
| 1-3. |
Where a person is sentenced to a fine not less than three million won for any crime prescribed in Article 355 or 356 in connection with his/her duties while on duty, and for whom such sentence is finalized or the sentence of imprisonment without labor or a heavier punishment is suspended; |
| 2. |
Where reappointed as a public official in career service, and other public official prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree; |
| 3. |
Where paid in excess of an honorable retirement allowance, or where another person who is not entitled to payment of an honorable retirement allowance has received it. |
| (4) |
A person who is liable to pay back the honorable retirement allowance pursuant to paragraph (3) fails to pay his/her due by the deadline, the honorable retirement allowance may be recovered in the same manner as national taxes are collected. <Newly Inserted by Act No. 11489, Oct. 22, 2012> |
| (5) |
Matters necessary for the scope of persons who are entitled to the payment, amount to be paid, and procedure of payment of the honorable retirement allowance under paragraph (1) and the allowance under paragraph (2) and the amount to recover and procedure for recover of an honorable retirement allowance under paragraph (3) shall be determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. <Amended by Act No. 11489, Oct. 22, 2012> |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 74-3 (Allowances following Voluntary Retirement of Public Officials in Extraordinary Civil Service) |
|
| (1) |
Except as otherwise prescribed in other Acts, where public officials in extraordinary civil service (excluding secretaries) and the public officials in labor service retire voluntarily when they are faced with abolition of an organization or an excessive number of staff, due to restructuring or abolition of the organization and regular staff or a curtailment of budget, allowances may be paid to them within budgetary limits. <Amended by Act No. 10699, May 23, 2011> |
| (2) |
Matters necessary for the scope of entitled persons, amount to be paid, payment procedure, etc. of the allowance under paragraph (1) shall be prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
CHAPTER IX GUARANTEE OF RIGHTS AND INTERESTS
law view
| Article 75 (Issuance of Explanatory Note on Cause of Disposition) |
|
If disciplinary disposition, etc. or demotion, leave of absence, position cancellation, or disposition for dismissal, is taken against a public official, the disposition-taking or disposition-proposing authority shall issue an explanatory note specifying the grounds therefor: Provided, That the same shall not apply to cases of demotion, temporary retirement or disposition for dismissal taken by a request of the person concerned. <Amended by Act No. 10148, Mar. 22, 2010>
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 76 (Request for Review and Order to Supplement Successor) |
|
| (1) |
If a public official who has received an explanatory note on grounds of disposition as prescribed in Article 75 is dissatisfied with such disposition, he/she may request a review on it to the appeals review committee within 30 days after receipt of the explanatory note, and if he/she has undergone an unfavorable disposition contrary to his/her intention other than the disposition prescribed in Article 75, he/she may request the review thereof after he/she has been informed that such disposition is taken. In such cases, he/she may appoint a lawyer as agent. |
| (2) |
If a removal from or cancellation of office is made contrary to the intention of the person concerned, or if a disposition of dismissal from office is made under Article 70 (1) 5, no order to appoint his/her successor shall be issued within 40 days after such disposition is taken: Provided, That if there are any extenuating circumstances to appoint his/her successor for personnel management, and a rule nisi has not been made by the appeals review committee under paragraph (3), the order to supplement his/her successor may be issued through consultation with the Secretary General of the National Assembly, Director of the Office of Court Administration, Secretary General of the Constitutional Court, Secretary General of the National Election Commission, or Minister of Security and Public Administration. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
If the request for review of an appeal under paragraph (1) is made for a removal from or cancellation of office, or a disposition of dismissal from office under Article 70 (1) 5, the appeals review committee may make a rule nisi, within five days upon receipt of such request, to stay an order of appointment of successor until a final decision on the case is made. |
| (4) |
The appeals review committee shall, upon making a rule nisi under paragraph (3), make a final decision within 20 days after making the rule nisi, and no appointing authority may issue any order to appoint the successor until a final decision is made. |
| (5) |
Except in cases where a rule nisi is made under paragraph (3), the appeals review committee shall make a final decision within 60 days upon receipt of the request therefor: Provided, That the committee may extend the said period by resolution within a 30-day period, when deemed inevitable. |
| (6) |
No public official shall undergo any unfavorable disposition or treatment on account of a request for review under paragraph (1). |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 76-2 (Settlement of Grievance) |
|
| (1) |
Any public official may request consultation on personnel affairs or examination on a grievance in connection with the conditions of duties and other personal problems, such as personnel affairs, organization, treatment, etc., and no public official shall undergo any unfavorable disposition or treatment by reason of such request. |
| (2) |
The head of the central personnel management agency, the appointing or appointment-recommendation authority shall, in receipt of a request under paragraph (1), refer it to the grievance review committee under paragraph (3) to examine it, or have a public official under his/her jurisdiction with the grievant, and endeavor to reach a fair settlement thereof, such as a solution to the grievance, based upon the outcomes of such consultation. |
| (3) |
In order to examine any grievance of public officials, the central grievance review committee shall be established in the central personnel management agency and an ordinary grievance review committee shall be established in each appointment authority or appointment-recommendation authority, but the functions of the central grievance review committee shall be managed by the appeals review committee. |
| (4) |
The central grievance review committee shall examine a request for review which has passed through an examination of an ordinary grievance review committee, and grievances of public officials of Grade V or higher and public officials in general service who belong to the senior civil service, and the ordinary grievance review committee shall examine grievances of public officials of Grade VI or lower under the relevant jurisdiction, respectively: Provided, That if any grievance of a public official of Grade VI or lower involves in two or more agencies in which the appointment authorities are different, such grievances may be examined by the central grievance review committee, and if it is deemed improper that the ordinary grievance review committee of the agency to which he/she belongs examines his/her grievance, it may be examined by the ordinary grievance review committee of the immediately nearby superior agency. <Amended by Act No. 11530, Dec. 11, 2012> |
| (5) |
Any request for examination of a grievance which occurred between a person to which this Act applies and a person to which other Acts apply, may be managed by a grievance review committee established pursuant to this Act as prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. |
| (6) |
If deemed necessary as a result of the examination, the head of the central personnel management agency, appointment authority or appointment-recommendation authority may demand a correction thereof by the disposition-taking authority or the head of the agency concerned, who shall, upon receiving the demand, follow it unless any extenuating circumstances exist otherwise, and give notice of the result of settlement thereof: Provided, That if it is unable to follow it due to the existence of extenuating circumstances, he/she shall give notice of the reason thereof. |
| (7) |
The composition, authority and procedure of examination, and other necessary matters regarding a grievance review committee shall be determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 76-3 (Settlement of Grievance of Public Official in Non-Career Service) |
|
Except as otherwise provided for by other Acts, the provisions of Article 76-2 may apply mutatis mutandis
to public officials in non-career service as prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree.
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 77 (Social Security) |
|
| (1) |
If a public official suffers from any disease, injury, disability, retirement, death or accident, an appropriate benefit shall be paid to him/her or his/her bereaved family as prescribed by Acts. |
| (2) |
The following matters shall be stipulated in the Acts as referred to in paragraph (1): |
| 1. |
Matters concerning payment of a pension or lump sum to the person concerned or his/her bereaved family, where a public official has retired or died after working for a considerable period; |
| 2. |
Matters concerning payment of a pension or compensation to a public official who has died or retired due to an injury or disease suffered in the course of any public service, or his/her bereaved family; |
| 3. |
Matters concerning compensation for loss which a public official receives when he/she suffers from any disability in capability for income during medical care for any injury or disease suffered in the course of public service; |
| 4. |
Matters concerning a payment of benefits for a death, disability, injury, disease, childbirth or other accident not caused by the public service. |
| (3) |
For the purpose of protecting the welfare and interests of public officials properly and fairly, the Government shall prepare and execute the necessary measures other than those referred to in paragraph (2), as prescribed by Acts. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
CHAPTER X DISCIPLINARY ACTION
law view
| Article 78 (Causes for Disciplinary Disposition) |
|
| (1) |
If a public official falls under any of the following subparagraphs, a resolution on disciplinary action shall be requested, and a disciplinary disposition shall be taken according to the result of such disciplinary resolution: |
| 1. |
Where he/she violates this Act or any order issued under this Act; |
| 2. |
Where he/she violates obligations on duties (including that imposed on him/her by other Acts and subordinate statutes due to his/her status as a public official), or he/she neglects his/her duties; |
| 3. |
Where he/she commits a conduct detrimental to his/her prestige or dignity, regardless of a connection with his/her duties. |
| (2) |
Where a person who has been subject to disciplinary action under other Acts is appointed as a public official to whom the provisions of this Act concerning disciplinary action apply, the grounds for disciplinary action prescribed by other Acts occurred prior to the appointment shall be considered as the grounds for disciplinary action prescribed by this Act from the date on which such grounds have occurred. |
| (3) |
Where a public official in non-career service is appointed as one in career service, the grounds for disciplinary action prescribed by other Acts and subordinate statutes governing the disciplinary action on the relevant public official in non-career service before the appointment shall be considered as the grounds for disciplinary action prescribed by this Chapter from the date on which such grounds have occurred. |
| (4) |
With respect to public officials of Grade Ⅴ or higher and public officials in general service who belong to the senior civil service, the request for a disciplinary resolution referred to in paragraph (1) shall be made by the Minister who has jurisdiction over them, and with respect to those of Grade Ⅵ, by the head of the agency, or the head of the superior agency, to which they belong: Provided, That if any public official who belongs to another agency is deemed to fall under a disciplinary cause, the Prime Minister, the Minister of Security and Public Administration, and the head of each agency as prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree may demand directly from the competent disciplinary committee disciplinary action against the public official concerned. <Amended by Act No. 11530, Dec. 11, 2012; Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 78-2 (Disciplinary Additional Charges) |
|
| (1) |
Where a resolution of disciplinary action on a public official is requested as prescribed in Article 78 and where grounds for disciplinary action are giving or receiving any money or entertainment, or embezzlement or diversion of public funds, a resolution of imposing disciplinary additional charges within five times the amount of money or entertainment given and received, or the amount of embezzled or diverted public funds in addition to the relevant disciplinary action shall be requested to the relevant disciplinary committee. |
| (2) |
Where a public official has received a criminal punishment or has fulfilled his/her obligations of compensation, etc. (including cases of confiscation or additional charges) under other Acts for having given or received any money or entertainment, or embezzlement or diversion of public funds before a disciplinary committee resolves to impose disciplinary additional charges, such disciplinary committee shall resolve to impose disciplinary additional charges within adjusted extent, as prescribed by Presidential Decree; where such public official has received a criminal punishment or has fulfilled his/her obligations of compensation, etc. (including cases of confiscation or additional charges) after a resolution of imposing disciplinary additional charges was passed, such disciplinary committee shall take measures of reduction, exemption, etc. of disciplinary additional charges, as prescribed by Presidential Decree. |
| (3) |
When a person who has been issued disposition of disciplinary additional charges as prescribed in paragraph (1) fails to pay such disciplinary additional charges by the payment deadline, the action-taking authority (if the President is the action-taking authority, the action-proposing authority) may collect such charges in the same manner as delinquent national taxes are collected. |
[This Article Newly Inserted by Amended by Act No. 10148, Mar. 22, 2010]
law view
| Article 78-3 (Request for Another Disciplinary Resolution, etc.) |
|
| (1) |
The action-taking authority (if the President is the action-taking authority, the action-proposing authority) shall, when the appeals review committee or courts have made a decision or a judgement to nullify or cancel disciplinary disposition, etc. (including an order of cancellation) on any of the following grounds, request for disciplinary resolution or resolution of imposing disciplinary additional charges (hereinafter referred to as "disciplinary resolution, etc.") once again: Provided, That it may choose to avoid requesting for disciplinary resolution concerning reduction of salary and reprimands which have been subject to a decision or a judgement of invalidation or cancellation (including an order of cancellation) on the grounds of subparagraph 3: <Amended by Act No. 10148, Mar. 22, 2010> |
| 1. |
When there is an obvious fault in the application of Acts and subordinate statutes, evidence and fact-finding; |
| 2. |
When there is a fault in the composition of the disciplinary committee, disciplinary resolution, etc. or other procedures; |
| 3. |
Where disciplinary action or disciplinary additional charges are excessive. |
| (2) |
The action-taking authority shall, when it requests disciplinary resolution, etc. under paragraph (1), request disciplinary resolution, etc. to the competent disciplinary committee within three months after a date on which a decision of the appeals review committee or judgement of a court is made, and the competent disciplinary committee shall make such disciplinary resolution, etc. prior to other disciplinary cases. <Amended by Act No. 10148, Mar. 22, 2010> |
[This Article Newly Inserted by Act No. 9296, Dec. 31, 2008]
law view
| Article 79 (Categories of Disciplinary Action) |
|
The disciplinary action shall be classified into removal, dismissal, demotion, suspension from office, reduction of salary and reprimand. <Amended by Act No. 9296, Dec. 31, 2008>
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 80 (Effect of Disciplinary Action) |
|
| (1) |
When a public official is subject to demotion, his/her class shall be lowered by one grade (public officials belonging to the senior civil service shall be demoted to public officials of Grade III, and senior researchers and senior technical advisors shall be demoted to researchers and technical advisors, respectively), and he/she shall hold his/her status as a public official, but he/she shall be barred from engaging in his/her duties for three months, and his/her pay shall be reduced by two thirds during such period. <Newly Inserted by Act No. 9296, Dec. 31, 2008> |
| (2) |
Notwithstanding the paragraphs of paragraph (1), the effect of demotion for public officials in foreign affairs and public officials for education from among public officials in special service, to which this Act is applied, shall be as follows: <Newly Inserted by Act No. 9296, Dec. 31, 2008> |
| 1. |
When a public official in foreign affairs is subject to demotion, his/her class shall be lowered by one grade that has been assigned under Article 20-2 of the Foreign Service Act (a public official of Grade XIV in foreign affairs shall be appointed to a position of the senior civil service, and a public official in foreign affairs belonging to the senior civil service shall be appointed to a position in Grade IX), and he/she shall hold his/her status as a public official, but he/she shall be barred from engaging in his/her duties for three months, and his/her pay shall be reduced by two thirds during the period; |
| 2. |
When a public official for education is subject to demotion, he/she shall be appointed to a lower position within the same type of duty under Article 2 (10) of the Public Educational Officials Act, and he/she shall hold his/her status as a public official, but he/she shall be barred from engaging in his/her duties for three months, and his/her pay shall be reduced by two thirds during the period: Provided, That demotion shall not be applied to teachers and instructors under Article 14 of the Higher Education Act. |
| (3) |
The period of a suspension from office shall be at least one month, but not more than three months, and any person who is subject to a disposition for suspension from office shall hold his/her status as a public official during that period, but he/she shall be barred from engaging in his/her duties, and his/her pay shall be reduced by two thirds. <Amended by Act No. 8996, Mar. 28, 2008; Act No. 9296, Dec. 31, 2008> |
| (4) |
The reduction of salary shall reduce remuneration by one-third during the period of not less than a month but not more than three months. <Amended by Act No. 8996, Mar. 28, 2008; Act No. 9296, Dec. 31, 2008> |
| (5) |
A reprimand shall admonish a person for his/her previous offense, and make him/her repent of him/herself. <Amended by Act No. 8996, Mar. 28, 2008; Act No. 9296, Dec. 31, 2008> |
| (6) |
With respect to a public official who is subject to a disciplinary disposition, he/she is not permitted to be promoted, or shall his/her pay level be increased, during the period determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations or Presidential Decree, after such disposition is taken, or the execution thereof is terminated: Provided, That with respect to a public official who has received a reward, etc. for meritorious service in carrying out his/her duties after he/she undergoes a disciplinary disposition, the period of restriction on promotion or raising of pay level may be shortened or exempted, as prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. <Amended by Act No. 8996, Mar. 28, 2008; Act No. 9296, Dec. 31, 2008> |
| (7) |
If a public official to whom other Acts apply with respect to disciplinary action becomes one to whom the provisions of this Act concerning disciplinary action apply, any disciplinary disposition taken under other Acts shall be deemed to have been taken under this Act as at the date on which the disciplinary disposition is taken: Provided, That the effect of any disciplinary disposition other than those prescribed in Article 79 shall be determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. <Amended by Act No. 8996, Mar. 28, 2008; Act No. 9296, Dec. 31, 2008> |
| (8) |
If a public official in non-career service is appointed as one in career service, any disciplinary disposition which is taken against him/her pursuant to Acts and subordinate statutes governing the disciplinary action of those in non-career service shall be deemed to have been taken under this Act, as of the date on which the disciplinary disposition is taken: Provided, That the effect of any disciplinary disposition other than those prescribed in Article 79 shall be determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. <Amended by Act No. 8996, Mar. 28, 2008; Act No. 9296, Dec. 31, 2008> |
law view
| Article 81 (Establishment of Disciplinary Committee) |
|
| (1) |
In order to resolve any disciplinary disposition, etc. against public officials, disciplinary committees shall be established in such agencies as determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. <Amended by Act No. 10148, Mar. 22, 2010> |
| (2) |
Matters necessary for the categories, composition, authority, procedure of deliberation, of the disciplinary committee, and the right to be heard of those subject to disciplinary action shall be determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. |
| (3) |
The provisions of Article 13 (2) shall apply mutatis mutandis to disciplinary resolution, etc. <Amended by Act No. 10148, Mar. 22, 2010> |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 82 (Procedures for Disciplinary Action, etc.) |
|
| (1) |
Any disciplinary disposition, etc. against public officials shall be carried out by the head of agency to which they belong, and in which the disciplinary committee is established, after the resolution of the disciplinary committee, but with respect to disciplinary resolution, etc. made by a disciplinary committee established under the control of the Prime Minister (in cases of the National Assembly, courts, Constitutional Court, or election commissions, referring to the superior disciplinary committees established in the central personnel management agencies concerned; hereinafter the same shall apply), the head of each central administrative agency shall carry them out: Provided, That removal and dismissal shall be performed by each appointing authority, or the head of the superior supervisory agency which delegated its right to appoint. <Amended by Act No. 10148, Mar. 22, 2010> |
| (2) |
If a resolution of the disciplinary committee is deemed modest, the head of the agency which requested disciplinary resolution, etc., may request an examination or review to the disciplinary committee established in the immediately superior agency (with respect to a decision of the disciplinary committee established under the jurisdiction of the Prime Minister, that disciplinary committee), before taking any disposition. In such cases, he/she may designate as his/her agent a public official under his/her jurisdiction. <Amended by Act No. 10148, Mar. 22, 2010> |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 83 (Relation, etc. with Investigation Conducted by Board of Audit and Inspection) |
|
| (1) |
With respect to cases under an investigation of the Board of Audit and Inspection, no disciplinary decision or procedure shall be requested or carried out from the date on which the beginning of an investigation subject to paragraph (3) is notified. |
| (2) |
With respect to cases under an investigation by a public prosecutor, the police or other criminal investigative agency, a disciplinary decision may be chosen not to be requested or carried out from the date on which the beginning of an investigation subject to paragraph (3) is notified. |
| (3) |
When the Board of Audit and Inspection, a public prosecutor, the police, or other criminal investigative agency begins and finishes an investigation, it shall inform the head of the agency to which the person concerned belongs thereof, within ten days. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 83-2 (Prescription of Grounds for Disciplinary Action and Imposing Disciplinary Additional Charges) |
|
| (1) |
No request for disciplinary resolution, etc. shall be made when three years (in cases of giving or receiving any money or entertainment, or embezzlement or diversion of public funds, five years) pass from the day grounds for disciplinary action, etc. occurred. <Amended by Act No. 10148, Mar. 22, 2010; Act No. 11392, Mar. 21. 2012> |
| (2) |
If the period referred to in paragraph (1) expires because it is impossible to carry out the disciplinary procedure under Article 83 (1) and (2), or the remaining period thereof does not exceed one month, the period referred to in paragraph (1) shall be deemed terminated as at the date of a month after the closure of an investigation prescribed in Article 83 (3) is informed. |
| (3) |
If the appeals review committee or court has made a decision or judgment to nullify or cancel disciplinary disposition, etc., by reason of a defect in the composition, disciplinary resolution, etc. of the disciplinary committee or in the procedures, or by reason of the excessiveness of disciplinary action or disciplinary additional charges, it may be permitted to demand another disciplinary resolution, etc. within three months after such decision or judgment becomes definite, even where the period referred to in paragraph (1) expires, or the remaining period thereof is less than three months. <Amended by Act No. 10148, Mar. 22, 2010> |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
law view
| Article 83-3 (Disciplinary Action against Public Official in Non-Career Service) |
|
Except as otherwise provided for by other Acts, the provisions of this Chapter may also apply mutatis mutandis to public officials in non-career service as prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree.
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
CHAPTER XI PENAL PROVISIONS
law view
| Article 84 (Penal Provisions) |
|
Except as otherwise provided for by other Acts, any person who violates the provisions of Article 44, 45, 65 or 66, shall be punished by imprisonment with prison labor for not more than one year, or by a fine of not exceeding five million won. <Amended by Act No. 10148, Mar. 22, 2010>
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
CHAPTER XII SUPPLEMENTARY PROVISIONS
law view
| Article 85 (Payment of Scholarships) |
|
| (1) |
If required for securing any excellent public official, the Secretary General of the National Assembly, Director of the National Court Administration, Secretary General of the Constitutional Court, Secretary General of the National Election Commission, or Minister of Security and Public Administration may award a scholarship to a person who is a student in a school established under the Elementary and Secondary Education Act, the Higher Education Act or other Acts (including technical colleges and other educational institutes in which degree courses are established), who desires to be appointed as a public official, and have him/her serve as a public official for a specified compulsory service period imposed after graduating from school. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
If a person who has received a scholarship under paragraph (1) fails to receive the payment thereof mid-way through, or to be appointed as a public official, by any reason attributable to him/her, or if he/she retires from office without completing the compulsory service period, the Secretary General of the National Assembly, Director of the National Court Administration, Secretary General of the Constitutional Court, Secretary General of the National Election Commission, or Minister of Security and Public Administration may order the person concerned or his/her surety jointly liable to return the whole or part of the paid scholarship, and if he/she fails to comply therewith, the paid scholarship may be collected in the same manner as delinquent national taxes are collected: Provided, That where there are any extenuating circumstances prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree, the foregoing shall not apply. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
The scope of schooling expenses to be paid as a scholarship, the object to be paid, compulsory service period, the amount to be recovered at the time the duty is unfulfilled, and other necessary matters, shall be determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations, or Presidential Decree. In such cases, the compulsory service period shall be determined within the limit of double the period in which the scholarship is paid. |
[This Article Wholly Amended by Act No. 8996, Mar. 28, 2008]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on June 1, 1963.
Article 2 (Repeal of Acts)
Article 3 (Transitional Measures)
| (1) |
Any disciplinary disposition taken pursuant to Acts and subordinate statutes at the time this Act enters into force, shall be effective continuously, and any case pending in a late appeal review procedure shall be settled pursuant to the previous provisions. |
| (2) |
Any person who is subject to a disciplinary disposition pursuant to Acts and subordinate statutes at the time this Act enters into force, and is during the period in which an appeal against it may be available, may file an appeal with the appeals review committee as prescribed by this Act within ten days from the date on which this Act enters into force. |
Article 4 (Idem)
| (1) |
Any litigation case which was received and not settled by an appeal review committee as prescribed by the previous Act relating to Appointment of those under Military Relief, shall be transferred to the complaint review committee as prescribed by this Act at the same time this Act enters into force. |
| (2) |
If a person applicable to the Act relating to Appointment of those under Military Relief deems that he/she is treated unfairly in various examinations for employment between March 1, 1963 and the date this Act enters into force, or if he/she is dismissed unreasonably from office due to a curtailment of personnel, he/she may request a review thereof to the appeals review committee as prescribed by this Act within ten days after this Act enters into force, notwithstanding the provisions of Article 76 (1) of this Act. |
Article 5 (Appointment of Those who Passed Administrative Division of Previous Higher Civil Service Examination and Ordinary Civil Service Examination)
Those who has passed the administrative division of the Higher Civil Service Examination and the Ordinary Civil Service Examination which were conducted before June 1, 1963, may be appointed as prescribed by the National Assembly Regulations, Supreme Court Regulations, or Presidential Decree.
Article 6 (Public Officials at Time This Act Enters into Force)
| (1) |
Public officials of Grades I through V at the time this Act enters into force shall be considered to have been appointed as those of Grades I through V under this Act. |
| (2) |
Any special transitional cases as to the application of this Act to public officials working at the time this Act enters into force shall be determined by the National Reconstruction Supreme Conference Regulations, Supreme Court Regulations, or Cabinet Order. |
Article 7 (Relation with Other Acts)
Article 8 (Tenure of Members of First Appeals Review Committee)
Members of the first appeals review committee shall be appointed in such manner that the tenure of two members is five years; that of two, four years; and that of three, three, two, and one year, respectively.
Article 9 (Exception to Disqualification for Foreign Service Official)
Any person who falls under Article 33 (2) 3, and is in service as a foreign service official, at the time this Act enters into force, shall be considered to have been approved by the Minister of Foreign Affairs under the proviso of the said Article.
ADDENDA <Act No. 1521, Dec. 16, 1963>
| (1) |
(Enforcement Date) This Act shall enter into force on December 17, 1963. |
| (2) |
(Transitional Measures) Any person who has served in excess of the conditional appointment period or probationary period as prescribed in Article 29 of this Act at the time this Act enters into force, shall be considered to have been appointed as a probationer or regular public official in a position corresponding to his/her duties on the date this Act enters into force. |
| (3) |
(Idem) Public officials in office at the time this Act enters into force shall be considered to have been appointed under this Act. |
ADDENDA <Act No. 1638, May 26, 1964>
| (1) |
(Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) |
(Transitional Measures) Those who are held as candidates for appointment in the Ministry of Government Administration through a selection or promotion examination for the purpose of recommending to the National Assembly and courts at the time this Act enters into force, shall be transferred to the control of the Secretariat of the National Assembly, and the Office of Court Administration within one month from the date this Act enters into force. |
| (3) |
(Idem) The Personnel Regulations in force at the time this Act enters into force, shall be effective until Ordinance of the Prime Minister is enacted under this Act. |
| (4) |
(Special Transitional Case) With respect to public officials under the jurisdiction of the National Assembly and courts, the provisions of Presidential Decree and Ordinance of the Prime Minister shall apply mutatis mutandis until the National Assembly Regulations or Supreme Court Regulations to enforce this Act are reenacted. |
| (5) |
(Preferential Measures) Notwithstanding the provisions of Article 28-2, the public official who is in service at the time this Act enters into force, and who will be transferred into another branch of the Government to the same class as his/her former branch he/she is holding at the time this Act enters into force, he/she may be appointed without undergoing any examination. |
ADDENDA <Act No. 1711, Oct. 20, 1965>
| (1) |
(Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) |
(Transitional Measures) Any person who is in service as a member of the appeals review committee at the time this Act enters into force, shall be considered to have been appointed under this Act, but his/her tenure of office shall be counted from the day on which he/she has already been appointed. |
| (3) |
(Idem) The effect of a suspension from office or a disposition of penitence against a person who is subject to a disposition from office or a disposition of penitence at the time this Act enters into force, shall be governed pursuant to the previous provisions. |
| (4) |
(Idem) With respect to a case pending in the court at the time this Act enters into force, and falling under Article 16, the defendant thereof shall be considered to have been corrected to the Minister of Government Administration. |
| (5) |
(Idem) Any case under an examination of the appeals review committee under the proviso of Article 76 (5) at the time this Act enters into force, shall be examined and resolved pursuant to the previous provisions. |
ADDENDA <Act No. 2460, Feb. 5, 1973>
Article 1 (Enforcement Date)
This Act shall enter into force on April 1, 1973.
Article 2 (Repeal of Acts and Subordinate Statutes)
Article 3 (Tenure of Permanent Members of Appeals Review Committee)
The tenure of permanent members of the appeals review committee at the time this Act enters into force shall be governed pursuant to the previous provisions.
Article 4 (Defendant of Case Pending in Court)
Notwithstanding the provisions of Article 16 of this Act, with respect to a case pending in the court at the time this Act enters into force, the defendant thereof shall be governed pursuant to the previous provisions.
Article 5 (Special Case concerning Career)
Any person to whom the special exception to the provisions of Article 28 (2) 3 is applicable pursuant to the previous Acts and subordinate statutes at the time this Act enters into force, shall be subject to the previous Acts and subordinate statutes.
Article 6 (Public Official of Grade IV or Lower under Conditional Appointment)
With respect to any public official of Grade IV or lower under a conditional appointment at the time this Act enters into force, the conditional appointment shall be considered as a probationary appointment under this Act, and the term thereof shall be six months.
Article 7 (Public Official of Grade III under Conditional or Probationary Appointment)
| (1) |
Any public official of Grade III under a conditional or probationary appointment at the time this Act enters into force, shall be considered to have been appointed as a probationer under this Act, and the probationary term shall be one year, but in case where one year has passed, he/she shall be considered to have been appointed as a regular public official at the date this Act enters into force. |
| (2) |
Any public official of Grade III under a probationary appointment at the time this Act enters into force, shall not be subject to Article 29 (3) of this Act, even though he/she becomes a probationary public official under paragraph (1). |
Article 8 (Agency Implementing Selection Examination for Public Officials of Grades IV and V)
Notwithstanding the provisions of the proviso of Article 34 (1) of this Act, the selecting examination for public officials in progress at the time this Act enters into force, shall be implemented and completed by the agency in charge of it at that time.
Article 9 (Public Official Appointed by Fixed Term)
With respect to a public official appointed by a fixed term at the time this Act enters into force, the previous provisions shall be applicable.
Article 10 (Appointment of Employees in Miscellaneous Services)
Employees in miscellaneous services for whom a special selection examination is conducted by an examination-implementing agency at the time this Act enters into force, shall not be subject to the provisions of Article 43-2 (2) of this Act.
Article 11 (Permission on Public Official in Exclusive Charge of Labor Union)
Any public official who takes exclusive charge of labor union affairs at the time this Act enters into force, shall be permitted by the Minister under whose control he/she is, under Article 66 (3) of this Act, within one month from the date this Act enters into force.
Article 12 (Public Official under Cancellation of Position)
Any person who has been released from his/her position under Article 73-2 (1) 2 and 5 at the time this Act enters into force, shall be subject to the previous provisions, but if he/she has no position assigned even after the lapse of six months from the date this Act enters into force, he/she shall retire ipso facto
from his/her office on the day on which the period of six months passes.
ADDENDA <Act No. 3150, Dec. 5, 1978>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1979.
Article 2 (Transitional Measures concerning Tenure of Permanent Members of Appeals Review Committee)
The tenure of the permanent members of the appeals review committee at the time this Act enters into force shall be governed pursuant to the previous provisions.
Article 3 (Transitional Measures concerning Defendant of Case Pending in Court)
Any case pending in court at the time this Act enters into force, shall be governed pursuant to the previous provisions.
Article 4 (Transitional Measures concerning Public Officials of Grades IV and V and in Technical Service under Probationary Appointment)
Public officials of Grades IV and V and in technical service, who are under a probationary appointment at the time this Act enters into force, shall be considered to have been appointed as probationers under this Act, and the term shall be six months, but any person for whom six months have already passed, shall be considered to have been appointed as a regular public official at the date this Act enters into force.
Article 5 (Transitional Measures concerning List of Appointment Candidates)
The effective period of a list of appointment candidates existing at the time this Act enters into force, shall be governed pursuant to this Act.
ADDENDA <Act No. 3447, Apr. 20, 1981>
Article 1 (Enforcement Date)
This Act shall enter into force 40 days after the date of its promulgation: Provided
, That the provisions of Article 2 (3) 3 shall enter into force six months after the date of promulgation of this Act.
Article 2 (Transitional Measures concerning Classification, etc. of Grades of Public Officials in General Service)
| (1) |
Public officials of Grades I through V in general service who are working in the grades in the left column of the following Table at the time this Act enters into force, shall be considered to have been appointed to the Grades in the right column of the said Table at the date this Act enters into force, and public officials incumbent in technical service at the time this Act enters into force shall be considered to have been appointed as those as prescribed by this Act at the date this Act enters into force. |
| Grade I Grade II-A Grade II-B Grade III-A Grade III-B |
Grade I Grade II Grade III Grade IV Grade V |
|
Grade IV-A
Grade IV-B
Grade V-A
Grade V-B |
Grade VI
Grade VII
Grade VIII
Grade IX |
|
| (2) |
Any candidate for public official who has passed an examination for appointment at each level at the time this Act enters into force, shall be considered to have passed an examination for appointment in the Grade in the right column corresponding to the Grade in the left column in the Table as referred to in paragraph (1), under this Act. |
Article 3 (Transitional Measures concerning Classification of Grades, etc. for Public Officials in Extraordinary Civil Service)
| (1) |
Public officials falling under Article 2 (3) 1 (a) through (d) who are in the service at the time this Act enters into force, and those who receive the remuneration equivalent to that of Vice Ministers or higher (excluding those in special service), shall be considered to have been appointed as those in political service under this Act at the date this Act enters into force, respectively. |
| (2) |
Public officials in extraordinary civil service equivalent to Grades I through V-B in general service, who are in the service at the time this Act enters into force, shall be considered to have been appointed as those in extraordinary civil service equivalent to the grades corresponding to those in the Table as referred to in Article 2 (1) of the Addenda at the date this Act enters into force. |
| (3) |
Public officials in simple labor service, who are in the service at the time this Act enters into force, shall be considered to have been appointed as public officials in labor service under this Act at the date this Act enters into force. |
Article 4 (Transitional Measures concerning Technical Expert and Miscellaneous Labor Employees)
Any technical expert who is in the service at the time this Act enters into force, shall be considered to have been appointed as a public official in technical expert at the enforcement date as prescribed in the proviso of Article 1 of the Addenda of this Act, as prescribed by the National Assembly Regulations, Supreme Court Regulations, or Presidential Decree, and those in miscellaneous service may be in service pursuant to the previous provisions by December 31, 1981.
Article 5 (Transitional Measures concerning Public Officials under Disciplinary Disposition and Cancellation of Position)
With respect to a person who is under a disciplinary disposition, and a person who is released from his/her position under Article 73-2 (1) 2 or 5, at the time this Act enters into force, the previous provisions shall be applicable.
Article 6 (Transitional Measures concerning Assignment to Position, etc.)
| (1) |
The assignment to a position in the Grades in the left column of the Table as prescribed in Article 2 (1) of the Addenda of this Act, or to a position equivalent to such Grade, pursuant to Acts and subordinate statutes in force at the time this Act enters into force, shall be considered as an assignment to a position in or equivalent to the Grade in the right column corresponding to it, in the said Table. |
| (2) |
The assignment to a position of public officials falling under Article 2 (3) 1 (a) through (d), and those who receive the remuneration equivalent to that of the Vice Minister or higher (excluding those in special service), shall be considered as an assignment to a position of public officials in political service under this Act. |
ADDENDA <Act No. 3518, Dec. 31, 1981>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 3584, Dec. 28, 1982>
| (1) |
(Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) |
(Transitional Measures) The amended provisions of Article 73-2 (1) 4 shall also apply to a person against whom a summary order is requested for criminal case at the time this Act enters into force. |
ADDENDA <Act No. 3917, Dec. 31, 1986>
| (1) |
(Enforcement Date) This Act shall enter into force on January 1, 1987. |
| (2) |
(Example of Application to Person having Retirement Age Extended) The amended provisions of Article 74 (1) shall also apply to a person who has the retirement age extended pursuant to the previous provisions before this Act enters into force. |
ADDENDA <Act No. 4017, Aug. 5, 1988>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 1988. (Proviso Omitted.)
Articles 2 through 8 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. 4384, May 31, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Promotion Screening Committee)
The promotion deliberation committee established already at the time this Act enters into force shall be considered as the promotion screening committee as prescribed by this Act.
Article 3 (Transitional Measures concerning Demoted Public Official)
Notwithstanding the amended provisions of the proviso of Article 73-3 (2), any public official demoted by his/her consent before this Act enters into force shall be subject to the previous provisions.
Article 4 (Transitional Measures concerning Extension of Retirement Age)
Notwithstanding the amended provisions of Article 74 (3), in extending the retirement age of public officials of Grade VI or lower who are in the service at the time this Act enters into force, the retirement age of those whose retirement age falls within the course of the year 1991, may be extended within one year from the date of retirement, and that of those whose retirement age falls within the course of the year 1992, within two years from the date of retirement, respectively.
Article 5 (Transitional Measures concerning Prescription of Causes of Disciplinary Disposition)
Notwithstanding the amended provisions of Article 83-2 (1), any demand for a disciplinary resolution against a person by whom a disciplinary cause is raised before this Act enters into force, shall be subject to the previous provisions.
ADDENDA <Act No. 4408, Nov. 30, 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. 4763, Jul. 20, 1994>
| (1) |
(Enforcement Date) This Act shall enter into force on the date of its promulgation. |
ADDENDA <Act No. 4829, Dec. 22, 1994>
| (1) |
(Enforcement Date) This Act shall enter into force on January 1, 1995: Provided, That the amended provisions of Article 2 (3) 1 (c) shall enter into force on the day on which the tenure of the head of the local government who takes office for the first time by the election begins and the amended provisions of Articles 40, 40-3, 40-4 and 41 (excluding matters concerning the Constitutional Court Regulations, National Election Commission Regulations, Secretary General of the Constitutional Court, and Secretary General of the National Election Commission), on January 1, 1996. |
| (2) |
(Transitional Measures concerning Public Official under Cancellation of Position) With respect to a person who is released from his/her position due to an indictment for a criminal case at the time this Act enters into force, a review shall be made within one month from the date on which the amended provisions of the proviso of Article 73-2 (1) enter into force, and if deemed unnecessary to continue the cancellation of position, the position shall be given to him/her without delay. |
ADDENDA <Act No. 5153, Aug. 8, 1996>
Article 1 (Enforcement Date)
This Act shall enter into force, on the date the Presidential Decree enters into force, relating to the organization of the Ministry of Maritime Affairs and Fisheries, and the National Maritime Police Agency under the amended provisions of Article 41, within 30 days after the date of its promulgation.
〔This Article enters into force on the date it is promulgated by Presidential Decree No. 15135 on Aug. 8, 1996〕
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 5452, Dec. 13, 1997>
This Act shall enter into force on the date of its promulgation: Provided
, That the amended provisions of Articles 32-4 and 49 shall enter into force on January 1, 1998.
ADDENDA <Act No. 5455, Dec. 13, 1997>
| (1) |
(Enforcement Date) This Act shall enter into force on the date of its promulgation. |
ADDENDA <Act No. 5527, Feb. 24, 1998>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures Pursuant to Revision in Classifications of Public Officials)
Public officials in technical expert at the time this Act enters into force shall be construed as public officials in contractual service under this Act.
Article 3 (Transitional Measures on Retirement Age)
| (1) |
From among public officials in active service, those who reach the retirement age referred to in the previous provisions of Article 74 (1), (2) and (4) on June 30, 1998 or on December 31, 1998, shall ipso jure retire from office on the corresponding date, but those who reach the retirement age on June 30, 1999 or on December 31, 1999 shall ipso jure retire from office on December 31, 1998 or on March 31, 1999, respectively. |
| (2) |
The period during which the retirement age of any public official in office is extended under the provisions of Article 74 (2) and previous Article 74 (3) shall be terminated on June 30, 1998. |
| (3) |
Where the retirement age of public officials in general service and public officials in technical service whose grades are separately classified under Article 4 (2) at the time when this Act enters into force shall be below those as prescribed by the amended provisions of Article 74 (1) 2 and 3, the said retirement age shall not be changed higher. |
Article 4 (Transitional Measures on Voluntary Early Retirement Allowance)
Notwithstanding the amended provisions of Article 74 (1), the retirement age as referred to in the previous provisions of the same Article shall prevail with respect to public officials eligible to be paid a voluntary early retirement allowance from among those who retire voluntarily prior to their prescribed retirement age before December 31, 1999, and the amounts of said allowance to be paid to them,
Article 5 (Relation with Other Act)
Where other Acts and subordinate statutes cite state public officials in technical service, they shall be deemed to cite public officials in contractual service.
ADDENDA <Act No. 5529, Feb. 28, 1998>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 5681, Jan. 21, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 5809, Feb. 5, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 5983, May 24, 1999>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 6089, Dec. 31, 1999>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 6622, Jan. 19, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided
, That the amended provisions of Articles 3, 19-2, 26-2, 26-3, 32 (3), 71 (2) 1 and (3), subparagraph 4 of 72, 74-2 (3) and (4) and 74-3 shall enter into force on July 1, 2002, and the amended provisions of Articles 28 (3) and 37 (1), on January 1, 2003, respectively.
Article 2 (Applicability to Recovery of Honorary Retirement Allowance)
Recovery of an honorary retirement allowance under the amended provisions of Article 74-2 (3) shall apply from the person subjected to a payment of honorary retirement allowance after July 1, 2002 in the case of subparagraphs 1 and 3 of the said paragraph, and apply from the person reappointed to the public official subject to a recovery as prescribed by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations, National Election Commission Regulations or Presidential Decree after July 1, 2002 in the case of subparagraph 2 of the said paragraph.
Article 3 Omitted.
ADDENDUM <Act No. 6788, Dec. 18, 2002>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 6855, Feb. 4, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
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: Provided
, That the amended provisions of Article 2 (3) 1 (b) of this Act and Article 2 of the Addenda shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Public Officials in Political Service)
Public officials in political service who are prescribed by Presidential Decree and do not fall under the amended provisions of Article 2 (3) 1 (b) shall be construed as public officials in political service within one year from the date of enforcement of this Act, notwithstanding the same amended provisions.
Article 3 (Transitional Measures concerning Request for Re-Deliberation of Decision by Appeals Review Committee)
The previous provisions of Article 14-2 shall apply to any decision made on the re-deliberation that is in progress at the time this Act enters into force.
Article 4 Omitted.
Article 5 (Relations with other Acts and Subordinate Statutes)
Where any other Act or Subordinate Statute cites the "Ministry of Government Administration and Home Affairs" or "Minister of Government Administration and Home Affairs" in connection with the affairs under the jurisdiction of the Minister of Government Administration and Home Affairs, which are succeeded to by the Civil Service Commission, at the time this Act enters into force, the "Ministry of Government Administration and Home Affairs" or "Minister of Government Administration and Home Affairs" shall be deemed the "Civil Service Commission".
ADDENDA <Act No. 7380, Jan. 27, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 7407, Mar. 24, 2005>
This Act shall enter into force on the date of its promulgation: Provided
, That the amended provisions of Article 7 (2) shall enter into force on May 24, 2005.
ADDENDA <Act No. 7614, Jul. 28, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 7796, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Article 2 (Applicability concerning Examination of Qualifications)
| (1) |
The provisions of Article 70-2 (1) 2 shall apply, starting with the evaluation of the work performance during the period after the enforcement of this Act. |
| (2) |
The provisions of Article 70-2 (1) 3 shall apply, starting with a case where the relevant person is not appointed to his/her position after the enforcement of this Act. |
Article 3 (Transitional Measure concerning Public Officials Who Belong to Senior Civil Service)
| (1) |
The public officials in general service of Grades I through III who are in service, or are subject to personnel management after they, are dispatched or temporarily retired from office after having been appointed to the positions provided for in the provisions of each subparagraph of Article 2-2 (2) at the time when this Act enters into force, and the public officials in extraordinary civil service and the public officials in contractual service equivalent thereto shall be deemed to belong to the senior civil service under this Act from the date on which this Act enters into force. |
| (2) |
Where the appointment procedures provided for in the previous provisions have been in progress at the time this Act enters into force, such appointment procedures that have already been completed shall be deemed to have been completed pursuant to this Act. |
Article 4 (Transitional Measure concerning Examination of Qualifications)
Anyone who falls under the provisions of Article 3 (1) of the Addenda shall be deemed to be appointed on the date on which this Act enters into force in the application of the provisions of the main sentence of Article 70-2 (1) 1.
Article 5 (Transitional Measure concerning Provisions Governing Qualification Requirements of Public Officials)
Where a public official in general service of Grades I through III in the Administration or a public official in extraordinary civil service or a public official in contractual service equivalent thereto (including any state public official assigned to a local government or local education administrative agency pursuant to the provisions of Articles 101 (2) and 102 (5) of the Local Autonomy Act and of Article 35 (2) of the Local Education Autonomy Act; hereafter the same shall apply in this Article) is subject to the qualification requirements, etc. that are prescribed in other Acts and subordinate statutes at the time when this Act enters into force, it shall be deemed in applying such Acts and subordinate statutes that any public official in general service, public official in extraordinary civil service or public official in contractual service belonging to the senior civil service is included until the time when the said Acts and subordinate statutes are amended on or after this Act enters into force. In this case, the term of office for a public official in general service, a public official in extraordinary civil service or a public official in contractual service belonging to the senior civil service shall be deemed the term of office for the public official in general service of Grades I through III in the Administration or the public official in extraordinary civil service or the public official in contractual service equivalent thereto, respectively.
Article 6 Omitted.
ADDENDA <Act No. 8069, Dec. 20, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDUM <Act No. 8330, Mar. 29, 2007>
This Act shall enter into force on the date of its promulgation: Provided
, That the amended provisions of Article 71 (2) 4 and subparagraph 7 of Article 72 shall enter into force on January 1, 2008.
ADDENDA <Act No. 8423, May 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 8857, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 (Relations with other Acts and Subordinate Statutes)
Where any other Act or Subordinate Statute cites the "Civil Service Commission" in connection with the affairs under the jurisdiction of the Civil Service Commission, which are succeeded to by the Minister of Public Administration and Security, at the time this Act enters into force, the "Civil Service Commission" shall be deemed the "Minister of Public Administration and Security".
Article 4 (Transitional Measures concerning Public Officials after Abolition of Organization)
| (1) |
Public officials belonging to the Civil Service Commission at the time this Act enters into force shall be deemed the public officials belonging to the Ministry of Public Administration and Security. |
| (2) |
Those who have passed an examination conducted by the Civil Service Commission before this Act enters into force shall be deemed those who have passed an examination conducted by the Minister of Public Administration and Security pursuant to this Act. |
Article 5 (Transitional Measures concerning Public Notification and Disposition under Previous Act and Continuing Activities)
Public notification and administrative disposition by an administrative agency, other activities performed by an administrative agency, application for and report to an administrative agency, and other activities under the amended Act in Article 2 of the Addenda before this Act enters into force shall be deemed activities of or for an administrative agency which succeeds to the relevant business affairs under the amended Act in Article 2 of the Addenda.
ADDENDA <Act No. 8996, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided
, That the amended provisions of Article 36 shall enter into force on January 1, 2009, and the amended provisions of Article 43 (2) shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Appeals Review Decision)
The amended provisions of Article 14 (1) shall apply to the appeals case received on or after this Act enters into force.
Article 3 (Transitional Measures concerning Extension of Period for Temporary Retirement due to Disease or Injury Related to Performance of Official Duties)
The amended provisions of subparagraph 1 of Article 72 shall also be applicable to those who have been temporarily retired from office on grounds of a disease or injury related to the performance of official duties before this Act enters into force, or at the time this Act enters into force.
Article 4 (Transitional Measures concerning Provisional Decision)
A provisional decision made by the appeals review committee under the previous provisions at the time this Act enters into force shall be deemed a provisional decision under this Act.
Article 5 Omitted.
ADDENDA <Act No. 9113, Jun. 13, 2008>
| (1) |
(Enforcement Date) This Act shall enter into force on January 1, 2009. |
| (2) |
(Transitional Measures concerning Extension of Retirement Age of Public Officials of Grade VI or Lower) Public officials of Grade VI or lower in general service, researchers, technical advisors, and public officials in technical service shall retire at the age of fifty-eight from 2009 to 2010, at the age of fifty-nine from 2011 to 2012, and at the age of sixty from 2013, notwithstanding the amended provisions of Article 74 (1): Provided, That public officials of the series of class for fire fighting, lighthouse and security management from among public officials in technical service shall retire at the age of fifty-nine from 2009 to 2012, and at the age of sixty from 2013. |
ADDENDA <Act No. 9296, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided
, That the amended provisions of Articles 28-6 (3) and 47 (3) and (4) shall enter into force two months after the date of its promulgation, and the amended provisions of Articles 14 (4), 78-2, 79, 80 (1) and (2), and 83-2 (1) shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Filling of Vacancy Resulting from Leave of Absence)
The amended provisions of Article 43 (1) shall apply to the leave of absence on or after this Act enters into force, and where a public official has been temporarily retired from office at the time this Act enters into force, the provisions shall be applied to public officials for whom the period for the leave of absence expires after not less than six months elapse.
Article 3 (Applicability to Additional Collection for those who Have Received Remunerations Wrongfully)
The amended provisions of Article 47 (3) and (4) shall apply to a public official who receives the remunerations by fraud or other wrongful means on or after this Act enters into force.
Article 4 (Applicability to Change of Categories of Disciplinary Action)
The amended provisions of Articles 79 and 80 shall apply when the cause for a disciplinary action occurs on or after this Act enters into force.
Article 5 (Transitional Measures concerning Extension of Prescription of Disciplinary Punishment)
The previous provisions shall apply to any person by whom a cause for disciplinary action has occurred before this Act enters into force, notwithstanding the amended provisions of Article 83-2 (1).
ADDENDUM <Act No. 9419, Feb. 6, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10148, Mar. 22, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Disqualification for Appointment and Ipso Facto Retirement)
The amended provisions of Articles 33 and 69 shall apply to persons punished for crimes committed on or after this Act enters into force.
Article 3 (Applicability to Disciplinary Additional Charges)
The amended provisions of Article 78-2 shall apply to cases for which grounds for disciplinary action occur on or after this Act enters into force.
Article 4 (Special Examples of Examination of Qualifications)
Notwithstanding the amended provisons of Article 70-2, any person who has been given the lowest grade rating in the evaluation of his/her work performance for one year before this Act enters into force shall undergo an examination of qualifications if he/she is given the lowest grade rating in the evaluation of his/her work performance for two years or more after this Act enters into force; and any person who has been given the lowest grade rating in the evaluation of his/her work performance for two years before this Act enters into force shall undergo an examination of qualifications if he/she is given the lowest grade rating in the evaluation of his/her work performance for one year or more after this Act enters into force.
Article 5 Omitted.
ADDENDUM <Act No. 10342, Jun. 8, 2010>
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
ADDENDA <Act No. 10465, Mar. 29, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 10699, May 23, 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 3 (1), 26-3 (2), 43, 71 (2) 4, subparagraph 7 of Article 72 and Article 73-2 shall enter into force on the date of its promulgation, the amended provisions of Articles 28 and 37 (1) and the provisions of Article 6 (3) through (5) of the Addenda shall enter into force on January 1, 2012, and the amended provisions of Article 4 (1) shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Filling of Vacancies for Persons on Child Care Leave)
The amended provisions of the proviso to Article 43 (1) shall also apply to persons who are on a maternity leave as at the time the amended provisions of the proviso to Article 43 (1) enter into force pursuant to the proviso to Article 1 of the Addenda.
Article 3 (Transitional Measures concerning Grade Ⅹ Public Officials in Technical Service)
Grade Ⅹ public officials who are in service as at the time the amended provisions of Article 4 (1) enter into force pursuant to the proviso to Article 1 of the Addenda shall be deemed to have been appointed to Grade Ⅸ public officials in technical service on the date the amended provisions of Article 4 (1) enter into force pursuant to the proviso to Article 1 of the Addenda.
Article 4 (Transitional Measures in Relation to Restrictions on Appointment of Dual Nationality Holders in Certain Fields of Service)
Where a dual nationality holder serving in the field to which he/she is no longer eligible for appointment, as prescribed in the amended provisions of Article 26-3 (2), as at the time the amended provisions of Article 26-3 (2) enter into force pursuant to the proviso to Article 1 of the Addenda, such person shall be reappointed to the field of service to which they are eligible for appointment, or abandon their foreign nationality within six months after the enforcement of the amended provisions of Article 26-3 (2) under the proviso to Article 1 of the Addenda.
Article 5 (Transitional Measures concerning Examinations Underway)
The previous provisions shall apply to examinations that are underway as at the time the amended provisions of Articles 28 and 37 (1) enter into force pursuant to Article 1 of the Addenda.
Article 6 Omitted.
Article 7 (Relationship to other Acts)
Where any previous provision of the State Public Officials Act has been cited in other Acts and subordinate statutes as at the time this Act enter into force, any provision in this Act corresponding thereto shall be deemed to have been cited in lieu of the previous provisions.
ADDENDA <Act No. 11392, Mar. 21, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its enforcement.
Article 2 (Transitional Measures concerning Extension of Prescription for Disciplinary Actions)
Notwithstanding the amended provisions of Article 83-2 (1), the previous provisions shall apply to persons against whom the cause for disciplinary action has arisen prior to the enforcement of this Act.
ADDENDA <Act No. 11489, Oct. 22, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its enforcement.
Article 2 (Applicability to Redemption of Honorable Retirement Allowance)
The redemption of honorable retirement allowance pursuant to amended provisions of Article 74-2 (3) 1-2, and 1-3 shall apply starting with the first persons entitled to honorable retirement allowance after this Act enters into force.
ADDENDA <Act No. 11530, Dec. 11, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its enforcement: Provided
, That the amended provisions of Article 48 (3) and (4) shall enter into force six months after the date of promulgation.
Article 2 (Applicability to Collection of Additional Charges from Persons who Receive Reimbursement of Actual Expenses, etc.)
The collection of additional charges pursuant to the amended provisions of Article 48 (3) shall apply starting with the first person who receives the reimbursement of actual expenses by fraud or other wrongful means.
Article 3 (Transitional Measures concerning Changes of Classification of Public Officials)
| (1) |
Public officials in technical service who are in office at the time this Act enters into force shall be deemed appointed as public officials in general service. In such cases, matters related to an occupational group, occupational category, rank and grade shall be determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations and National Election Commission Regulations, or Presidential Decree. |
| (2) |
Where a public official in extraordinary service who are in office at the time this Act enters into force cease to fall under the amended provisions of Article 2 (3) 2 after this Act enters into force, shall be deemed to have been appointed as a public official in general service on the date this Act enters into force. In such cases, matters related to an occupational group, occupational category, rank, grade, position, and working conditions, and personnel management shall be determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations and National Election Commission Regulations, or Presidential Decree. |
| (3) |
A public official, among public officials in contractual service in office as at the time this Act enters into force, who is appointed to assist and support public officials as secretary, shall be deemed to have been appointed as a public official in extraordinary service on the date this Act enters into force, and shall be deemed to have been appointed as a public official in a fixed term position, from among public officials in general service, on the date this Act enters into force in accordance with the regulations concerning the occupational group, occupational category, rank, and grade to which the public official is scheduled to be appointed as determined by the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations and National Election Commission Regulations, or Presidential Decree. In such cases, the term of office to be served as a public official in a fixed term position shall be the remaining period for the initial contract concluded at the time the public official was hired as a public official in contractual service, and the remuneration for the corresponding period shall be in accordance with the contract concluded at the time the public official is hired. |
| (4) |
For public officials belonging to the National Assembly, Supreme Court, Constitutional Court, and each level of the National Election Commission, Presidential Decree shall apply mutatis mutandis to public official until the National Assembly Regulations, Supreme Court Regulations, Constitutional Court Regulations or National Election Commission Regulations are formulated or amended for the enforcement of this Act. |
Article 4 (Transitional Measures concerning Examinations Underway)
| (1) |
A person who passes an examination for appointment of public officials in technical service, public officials in contractual service for positions other than secretary, and public officials in extraordinary civil service falling under the former part of Article 3 (2) of Addenda shall be deemed to have passed the examination for appointment of public officials in general service, respectively. |
| (2) |
A person who has passed an examination under paragraph (1) prior to this Act enters into force, and yet has been appointed as at the time this Act enters into force shall be deemed to have passed an examination for appointment of public officials in general service. In such cases, the latter part of Article 3 (1) of Addenda shall apply mutatis mutandis to matters related to appointment. |
Article 5 (Transitional Measures concerning Examinations Underway)
Notwithstanding the amended provisions of the latter part of Article 70-2 (1) 2, the lowest evaluation grade a person was given while in office, who served as a public official in extraordinary civil service or contractual service belonging to a senior civil service, before the person was appointed as a public official in general service belonging to a senior civil service shall be deemed to have been given pursuant to the latter part of Article 70-2 (1) 2 until the relevant evaluation period passes as prescribed by the former part of the same subparagraph.
Article 6 Omitted.
Article 7 (Relations with other Acts)
Where the previous provisions of the State Public Officials Act is cited at the time this Act enters into force, and any provision in this Act corresponding thereto shall be deemed to have been cited in lieu of the previous provision.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) |
This Act shall enter into force on the date of its enforcement. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11992, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided
, That the amended provisions of subparagraph 1 of Article 33, and Article 3 of the Addenda shall enter into force on the date of its promulgation.
Article 2 (Applicability to Period of Leave of Absence due to Disease, etc.)
The amended provisions of subparagraph 1 of Article 72 shall also apply to public officials on leave of absence pursuant to Article 71 (1) 1 at the time this Act enters into force.
Article 3 (Transitional Measures concerning Incompetent Persons, etc.)
Notwithstanding the amended provisions of subparagraph 1 of Article 33, the former provisions shall apply to persons who have been declared incompetent, or quasi-incompetent at the time the same amended provisions enters into force, and for whom such declaration continues to take effect pursuant to the amended provisions of Article 2 of the Addenda of the Civil Act (Act No. 10429).
Article 4 (Transitional Measures to be Taken with Reduced Period of Validity for List of Candidates for Appointment of Those Who Have Passed Open Competitive Recruitment Examination for Public Officials of Grade V)
Notwithstanding the amended provisions of the main sentence of Article 38 (2), the period of validity for the list of candidates for appointment of those who have passed an open competitive recruitment examination to be conducted prior to January 1, 2015 shall be five years pursuant to the former provisions.
