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ACT ON THE ESTABLISHMENT AND OPERATION OF PUBLIC OFFICIALS' COUNCILS

Act No. 5516, Feb. 24, 1998

Amended by Act No. 6306, Dec. 29, 2000

Act No. 7690, Nov. 8, 2005

Act No. 10055, Mar. 12, 2010

Act No. 10699, May 23, 2011

Act No. 11530, Dec. 11, 2012

 Article 1 (Purpose)
The purpose of this Act is to prescribe fundamental matters concerning the establishment and operation of public officials' councils for improvement of working conditions, improvement in the efficiency of work and the handling of grievances of public officials.
[This Article Wholly Amended by Act No. 10055, Mar. 12, 2010]
 Article 2 (Establishment)
(1) Public officials who take up service with a State agency, local government and its subordinate agency may establish a public officials' council (hereinafter referred to as "council").
(2) A council shall be established by unit of agency, and only one council may be established in one agency.
(3) Where a council is established, the representative of the council shall notify the head of an agency to which he/she belongs (hereinafter referred to as the "head of an agency") of the fact of the establishment.
[This Article Wholly Amended by Act No. 10055, Mar. 12, 2010]
 Article 3 (Scope of Joining Councils)
(1) The scope of public officials who may join a council shall be specified as follows: <Amended by Act No. 10699, May 23, 2011>
1. Public officials in general service in Class Ⅵ and under, and public officials in general service corresponding thereto;
2. Foreign service officers in series of class of foreign affairs and consular service and in series of class of diplomatic information and technology whose work experience is less than 10 years, among public officials in special service;
3. Deleted; <by Act No. 11530, Dec. 11, 2012>
4. Deleted; <by Act No. 10699, May 23, 2011>
5. Public officials in extraordinary civil service corresponding to public officials in general service under subparagraph 1.
(2) Notwithstanding paragraph (1), public officials falling under any of the following subparagraphs shall not join a council:
1. Public officials allowed to participate in a labor movement pursuant to the proviso to Article 66 (1) of the State Public Officials Act and the proviso to Article 58 (1) of the Local Public Officials Act;
2. Public officials in a position of directing and supervision;
3. Public officials engaged in personnel management, budgeting, accounting, material accounting, secretarial duties, secret information, security, guard, car driving and other duties similar thereto.
[This Article Wholly Amended by Act No. 10055, Mar. 12, 2010]
 Article 4 (Freedom of Joining and Secession)
A public official may join or secede from a council without restraint.
[This Article Wholly Amended by Act No. 10055, Mar. 12, 2010]
 Article 5 (Functions of Councils)
(1) A council shall consult with the head of an agency on the following matters:
1. Matters concerning improvement of working conditions indigenous to the relevant agency;
2. Matters concerning improvement in the efficiency of work;
3. Matters concerning general difficulties related to official duties of public officials belonging to the relevant agency;
4. Other matters concerning the development of the relevant agency.
(2) Where a council holds consultation under paragraph (1), it shall elect consultative members who may objectively represent the intentions of its members in consideration of classes of its members, etc.
[This Article Wholly Amended by Act No. 10055, Mar. 12, 2010]
 Article 6 (Duty of Head of Agency)
(1) Where a council makes a request for consultation in writing, the head of an agency shall hold consultation with the council faithfully.
(2) The head of an agency shall apply its utmost endeavors to fulfill matters agreed on with the council in writing.
(3) The head of an agency shall not take measures unfavorable to public officials under his/her control in connection with the organization and operation of the council.
[This Article Wholly Amended by Act No. 10055, Mar. 12, 2010]
 Article 7 (Detailed Matters concerning Composition and Operation of Council)
A unit for the establishment of a council, the scope of joining a council, other matters concerning the composition of a council and the election of consultative members, formalities of, timing for and methods of consultation of a council, and other matters necessary for the operation of a council shall be prescribed by the Rules of the National Assembly, the Rules of the Supreme Court, the Rules of the Constitutional Court, the Rules of the National Election Commission, Presidential Decree or municipal ordinance.
[This Article Wholly Amended by Act No. 10055, Mar. 12, 2010]
ADDENDUM
This Act shall enter into force on January 1, 1999.
ADDENDA <Act No. 6306, Dec. 29, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2001.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 7690, Nov. 8, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2006.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 10055, Mar. 12, 2010>
This Act shall enter into force on the date of its promulgation.
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. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11530, Dec. 11, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.