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LOCAL PUBLIC OFFICIALS ACT

Act No. 1427, Nov. 1, 1963

Amended by Act No. 1550, Dec. 16, 1963

Act No. 1794, Apr. 30, 1966

Act No. 1889, Feb. 28, 1967

Act No. 2058, Dec. 23, 1968

Act No. 2381, Dec. 26, 1972

Act No. 2594, Mar. 12, 1973

Act No. 2892, Apr. 1, 1976

Act No. 3152, Dec. 6, 1978

Act No. 3448, Apr. 20, 1981

Act No. 3585, Dec. 28, 1982

Act No. 3877, Dec. 31, 1986

Act No. 4268, Dec. 27, 1990

Act No. 4370, May 31, 1991

Act No. 4418, Dec. 14, 1991

Act No. 4613, Dec. 27, 1993

Act No. 4797, Dec. 22, 1994

Act No. 4871, Jan. 5, 1995

Act No. 5069, Dec. 29, 1995

Act No. 5207, Dec. 30, 1996

Act No. 5426, Dec. 13, 1997

Act No. 5568, Sep. 19, 1998

Act No. 6088, Dec. 31, 1999

Act No. 6322, Dec. 29, 2000

Act No. 6400, Jan. 29, 2001

Act No. 6786, Dec. 18, 2002

Act No. 7360, Jan. 27, 2005

Act No. 7380, Jan. 27, 2005

Act No. 7428, Mar. 31, 2005

Act No. 7849, Feb. 21, 2006

Act No. 8396, Apr. 27, 2007

Act No. 8423, May 11, 2007

Act No. 8852, Feb. 29, 2008

Act No. 9301, Dec. 31, 2008

Act No. 9420, Feb. 6, 2009

Act No. 10147, Mar. 22, 2010

Act No. 10343, jun. 8, 2010

Act No. 10700, May 23, 2011

Act No. 11396, Mar. 21, 2012

Act No. 11531, Dec. 11, 2012

Act No. 11690, Mar. 23, 2013

Act No. 11997, Aug. 6, 2013

Act No. 12213, Jan. 7, 2014

Act No. 12235, Jan. 14, 2014

Act No. 12800, Oct. 15, 2014

Act No. 12844, Nov. 19, 2014

Act No. 13292, May 18, 2015

Act No. 13634, Dec. 29, 2015

Act No. 14183, May 29, 2016

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to establish the basic standard for personnel administration, which applies to public officials working in local governments, and to have them operate administration for local autonomy democratically and efficiently.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 2 (Classification of Public Officials)
(1) Public officials who work for local governments (referring to local public officials paid by local governments; hereinafter referred to as "public officials") shall be classified as public officials in career service and in non-career service.
(2) The term "public officials in career service" means public officials who are appointed based on their performance and qualifications, whose status is guaranteed and who are expected to serve as public officials for all their life (in the case of public officials appointed based on a fixed period of service, referring to such fixed period), and the classification of such officials shall be as follows: <Amended by Act No. 11531, Dec. 11, 2012>
1. Public officials in general service: Public officials who take charge of technical or research affairs or affairs concerning general administration;
2. Public officials in special service: Public officials designated by other Acts as public officials in special service, who are educational public officials working for public universities or junior colleges, employers specialized in education under the control of the superintendent of the office of education, autonomous police officers, local fire-fighting officers, and other public officials in charge of affairs in special fields;
3. Deleted. <by Act No. 11531, Dec. 11, 2012>
(3) "Public officials in non-career service" means public officials, other than those in career service, and the classification of such officials shall be as follows: <Amended by Act No. 11531, Dec. 11, 2012>
1. Public officials in political service:
(a) Public officials appointed by election or whose appointment is required to be approved by a local council;
(b) Public officials in charge of making high-level policy decisions and other public officials who assist the former, and all of whom designated as public officials in political service in accordance with Acts and subordinate statutes or municipal ordinances;
2. Public officials in extraordinary civil service: Public officials designated by Acts and subordinate statutes as public officials in extraordinary civil service for them to provide secretarial assistance, such as secretaries and assistant secretaries, or to conduct specific affairs;
3. Deleted; <by Act No. 11531, Dec. 11, 2012>
4. Deleted. <by Act No. 10700, May 23, 2011>
(4) The terms and conditions of and procedures for appointment of public officials in extraordinary civil service under paragraph (3) and their upper age limit for service, and other necessary matters shall be prescribed by Presidential Decree or municipal ordinances. <Amended by Act No. 10700, May 23, 2011; Act No. 11531, Dec. 11, 2012>
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 3 (Scope of Application)
(1) Except as otherwise provided for in this Act or other Acts, Articles 31, 41 (1), 42 through 46, 46-2, 46-3, 47 through 51, 51-2, 52 through 59, 61, 74 through 79, 82 and 83 of this Act shall only apply to public officials in non-career service. <Amended by Act No. 13292, May 18, 2015>
(2) Notwithstanding paragraph (1), Articles 31 and 61 shall not apply to public officials in political service and Articles 57 and 58 shall not apply to public officials in non-career service prescribed by Presidential Decree.
(3) Article 25-2 shall only apply to public officials prescribed by Presidential Decree and Article 25-3 shall only apply to public officials prescribed by Presidential Decree or municipal ordinance.
(4) Except as otherwise provided for in this Act or other Acts, Articles 29-2, 29-3, 30-2, 30-4, 38, 39, 39-2, 39-3, 65-4, 66 and 66-2 shall not apply to public officials appointed based on a fixed period of service pursuant to Article 25-5.
[This Article Wholly Amended by Act No. 11531, Dec. 11, 2012]
 Article 3-2 Deleted. <by Act No. 3448, Apr. 20, 1981>
 Article 4 (Classification, etc. of Ranks of Public Officials in General Service)
(1) Public officials in general service shall be classified into nine ranks ranging from Grade I to Grade IX, and classified into each functional group and each functional category. <Amended by Act No. 10343, Jun. 8, 2010; Act No. 10700, May 23, 2011; Act No. 11531, Dec. 11, 2012>
(2) The classification of ranks or the classification of functional groups and functional categories referred to in paragraph (1) may not apply to the following public officials, as prescribed by Presidential Decree: <Amended by Act No. 11531, Dec. 11, 2012; Act No. 13292, May 18, 2015>
1. Public officials engaged in fields of special affairs;
2. Public officials in functional categories of research, guidance or special skills.
(3) Deleted. <by Act No. 10343, Jun. 8, 2010>
(4) A title for each type of duty for each rank under paragraphs (1) through (3) shall be prescribed by Presidential Decree. <Amended by Act No. 10343, Jun. 8, 2010>
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 5 (Definitions)
The definitions of terms used in this Act shall be as follows:
1. The term "position" means duties and responsibilities to be vested in a public official;
2. The term "class" means a group of positions of substantially similar kind of duties and of substantially similar degrees of difficulty and responsibility, and the positions belonging to the same class shall be treated equally in the qualification for appointment, examination and other aspects of personnel administration;
3. The term "assignment of position" means to assign positions to a class;
4. The term "demotion" means to appoint a person to a lower class within the same functional category or to appoint a person to a lower class in another functional category because there is no lower class in the same functional category;
5. The term "transfer to any other functional category" means any appointment to a different functional category;
6. The term "transference" means a change of any assigned position within the same class;
7. The term "functional group" means a group of occupational categories, the nature of duties of which is similar;
8. The term "functional category" means a group of classes of similar kinds of duties and of different degrees of responsibility and difficulty;
9. The term "functional subcategory" means a group of duties of the same area within the same functional category;
10. The term "class of duties" means a group of positions of very similar degrees of difficulty and responsibility.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
CHAPTER II PERSONNEL AGENCY
 Article 6 (Appointing Authority)
(1) The head of a local government (including Superintendents of the Office of Education in the Special Metropolitan City, Metropolitan Cities, Dos, or a Special Self-Governing Province; hereinafter the same shall apply) shall have the rights of appointment, leave of absence, dismissal and disciplinary action (hereinafter referred to as "right of appointment") of public officials under his/her control, as prescribed by this Act.
(2) A person with the authority to appoint as provided for in paragraph (1) may delegate a part of his/her right to a subsidiary body, the head of an agency affiliated therewith, the secretary general, the bureau chief or the section chief of the local council, or the general director of the board of education, as prescribed by Municipal Ordinance of the relevant local government.
(3) A person with appointing authority (including the person to whom the right is delegated; hereinafter the same shall apply) shall make and keep personnel records of public officials under his/her jurisdiction, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 6-2 (Establishment of Electronic System for Personnel Management)
(1) The Minister of the Interior or the heads of local governments may, for the scientific management of personnel affairs, create and manage a database of personnel records of public officials, and establish and operate an electronic system by which they can deal with personnel affairs electronically. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
(2) Matters necessary for establishment and operation of the system, etc. referred to in paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 7 (Establishment of Personnel Committee)
(1) A personnel committee shall be established under each person who has the authority to appoint in a local government (excluding a person to whom appointing authority is delegated, but including the head of an affiliated agencies if deemed necessary by the head of Gu in Si or the head of a local government), and, if necessary, first and second personnel committees may be established in the Special Metropolitan City, the Metropolitan City, Do or a Special Self-Governing Province (hereinafter referred to as the "City/Do").
(2) Each personnel committee shall be comprised of not fewer than 16 and not more than 20 members: Provided, That each personnel committee established in an agency entrusted with the authority to appoint and each personnel committee established in each local government prescribed by Presidential Decree in consideration of the number of inhabitants of the relevant local government, difficulties in the selection of members, etc. may be comprised of not fewer than seven and not more than nine members. <Amended by Act No. 11396, Mar. 21, 2012>
(3) Where a personnel committee is organized pursuant to paragraph (2), members who are commissioned pursuant to each subparagraph of paragraph (5) shall be at least one half of the total number of its members. <Newly Inserted by Act No. 11396, Mar. 21, 2012>
(4) Where two personnel committees are established in a City/Do pursuant to paragraph (1), no person shall concurrently hold positions as a member of the first and second personnel committees: Provided, That this shall not apply to the head of the bureau in charge of personnel affairs or a subsidiary body equivalent thereto. <Newly Inserted by Act No. 11396, Mar. 21, 2012>
(5) Members of each personnel committee shall be appointed or commissioned by the head of a local government from among local public officials (including the state public officials) and the following persons who have abundant knowledge and experience in personnel administration and matters necessary for qualifying requirements for the members shall be prescribed by Presidential Decree: Provided, That examiners may be commissioned by the head of the agency administering examinations: <Amended by Act No. 11396, Mar. 21, 2012>
1. A person who is qualified as a judge, prosecutor, or attorney-at-law;
2. A person who holds a post of an assistant professor or higher of any university or a post of a principal or deputy principal of any elementary middle or high school;
3. A person retired after serving as a public official (including state public officials) for at least 20 years;
4. A person who has worked as the head of a local branch of a non-profit, non-governmental organization provided for in the Assistance for Non-Profit, Non-Governmental Organizations Act for at least ten years;
5. A person who is an officer of any listed corporation or a person who works as the head of any local organization of a public corporation designated pursuant to Article 5 of the Act on the Management of Public Institutions.
(6) Neither of the following persons may be commissioned as a member of the personnel committee: <Amended by Act No. 11396, Mar. 21, 2012>
1. A person falling under any of subparagraphs of Article 31;
2. A political party member under the Political Parties Act;
3. A member of a local council.
(7) Each personnel committee member who is commissioned pursuant to paragraph (5) shall hold office for a term of three years and may be consecutively appointed only once. <Amended by Act No. 11396, Mar. 21, 2012>
(8) A local government may reimburse members of the personnel committee attending its meetings for the actual costs incurred, as prescribed by Municipal Ordinance. <Amended by Act No. 11396, Mar. 21, 2012>
(9) No member of the personnel committee shall divulge any confidential information learned while performing his/her duties.
(10) A member of the personnel committee who is not a public official shall be deemed a public official when penalty provisions under the Criminal Act or other Acts are applied in connection with his/her act in the course of performing his/her duties.
(11) In addition to matters provided for in paragraphs (1) through (10), matters necessary for the organization of a personnel committee shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 11396, Mar. 21, 2012>
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 8 (Functions, etc. of Personnel Committee)
(1) Personnel committees shall be responsible for the matters under the following subparagraphs: <Amended by Act No. 10147, Mar. 22, 2010>
1. Prior consideration of recruiting plans for pubic officials and administration of various appointment examinations;
2. Prior resolution of standards for management of assignments of positions and for promotions and transference pursuant to the request of an appointing authority;
3. Prior consideration of promotions;
4. Resolutions on discipline of public officials pursuant to the request of an appointing authority or resolution on imposition (hereinafter referred to as "resolution on discipline, etc.") of disciplinary surcharge (hereinafter referred to as "disciplinary surcharge") under Article 69-2;
5. Prior consideration of the bills of Municipal Ordinances and Municipal Rules relating to appointment, training, remuneration, etc. of public officials to be submitted by the head of a local government to the local council;
6. Recommendations given to an appointing authority for improving his/her personnel management;
7. Prior consideration of matters falling under its jurisdiction under other Acts and subordinate statutes or Municipal Ordinances.
(2) The personnel committee may, when it is deemed necessary to perform the function referred to in paragraph (1), request the appointing authority to submit relevant documents and also inspect facts and request witnesses to testify in order to perform clerical work referred to in paragraph (1) 4.
(3) Matters requiring a prior resolution as provided for in paragraph (1) 2, and matters necessary for allocating duties to respective personnel committees where two or more committees are established pursuant to Article 7 (1), shall be prescribed by Presidential Decree.
(4) The procedures for resolutions on discipline, etc. by personnel committees shall be separately prescribed by Presidential Decree. <Amended by Act No. 10147, Mar. 22, 2010>
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 9 (Agencies in Personnel Committee)
(1) Each personnel committee shall have a chairperson and a vice-chairperson, respectively, and the deputy Mayor, the deputy Governor, the deputy superintendent of the office of education appointed as state public officials of a City/Do, or the deputy head of a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) shall be the chairperson, and the vice-chairperson in the committee shall be elected by the committee from among its members: Provided, That the chairperson and vice-chairperson in a personnel committee to which the authority to appoint is delegated, shall be elected by the personnel committee from among its members.
(2) Where two or more personnel committees are established in a City/ Do pursuant to Article 7 (1), the chairperson of the first personnel committee shall be selected in accordance with the main sentence of paragraph (1) and the chairperson of the second personnel committee shall be the deputy Mayor or the deputy Governor (referring to the deputy Mayor or the deputy Governor who takes charge of the work of a specific area under the latter part of Article 110 (6) of the Local Autonomy Act) or the director of the relevant personnel bureau.
(3) The chairperson of the personnel committee shall represent the committee and be in charge of the business affairs of the committee.
(4) The vice-chairperson of the personnel committee shall assist the chairperson and shall act for the chairperson when the chairperson is unable to perform his/her duties due to any inevitable circumstances.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 9-2 (Status Guarantee of Members)
(1) The chairperson, the vice-chairperson and the members of the personnel committee (excluding any chairperson, any vice-chairperson and any member who are public officials; the same shall apply in this Article) shall, where they fail to meet the qualification requirements provided for in each subparagraph of Article 7 (5) or fall under any subparagraph of Article 7 (6), duly resign from their respective posts. <Amended by Act No. 11396, Mar. 21, 2012>
(2) The chairperson, vice-chairperson and members of the personnel committee shall not be dismissed from their posts against their will unless they are unable to perform their duties on the grounds of their long-time mental and physical exhaustion.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 10 (Meetings of Personnel Committee)
(1) Meetings of the personnel committee shall be convened by the chairperson if it is deemed necessary, and the chairperson shall preside over such meetings.
(2) Meetings of each personnel committee shall be comprised of the chairperson and eight members he/she designates at every meeting (in the case of a personnel committee which is established in an agency entrusted with the authority to appoint, the head of such agency shall designate eight members) and members commissioned pursuant to each subparagraph of Article 7 (5) shall be at least one half of the total number of its members: Provided, That where a personnel committee is comprised of not fewer than seven and not more than nine members pursuant to the proviso to Article 7 (2), meetings of such personnel committee shall be comprised of all the members. <Newly Inserted by Act No. 11396, Mar. 21, 2012>
(3) Each personnel committee shall pass a resolution when at least two thirds of constituent members under paragraph (2) attend a meeting and a majority of members present vote for such resolution: Provided, That minor matters prescribed by Presidential Decree may be deliberated and decided on in writing. <Amended by Act No. 11396, Mar. 21, 2012>
(4) Other matters necessary for administration of the personnel committee shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 10-2 (Disqualification, Challenge and Voluntary Refrainment of Members of Personnel Committee)
(1) Where a member of the personnel committee falls under any of the following cases, he/she shall be disqualified after deliberation or resolution referred to in Article 8 (1) 3, Article 8 (1) 4 or Article 62: Provided, That subparagraph 3 shall be limited to deliberation and resolution relating to Articles 8 (1) 4 and 62: <Amended by Act No. 12213, Jan. 7, 2014>
1. Where the member himself/herself or a person that is or was his/her spouse is a person subject to the relevant deliberation or resolution;
2. Where a person that is or was a relative of the member himself/herself is a person subject to the relevant deliberation or resolution;
3. Where the member himself/herself is an immediate superior of a person subject to the relevant deliberation or resolution or was the person’s immediate superior during the period in which a ground for disciplinary action arose.
(2) Where a person subject to deliberation or resolution referred to in Articles 8 (1) 3, 8 (1) 4 or 62 falls under any of the following cases, he/she may request for challenge against a member, specifying reasons therefor, and the personnel committee shall decide on whether to challenge the relevant member. In such cases, no member against whom the challenge has been filed shall participate in making a decision on such challenge: <Amended by Act No. 12213, Jan. 7, 2014>
1. Where he/she falls under any of the subparagraphs of paragraph (1) in relation to the member of the personnel committee;
2. Where there are other circumstances under which it is difficult for him/her to expect fairness in deliberation or resolution.
(3) Where a member of the personnel committee becomes aware that he/she is subject to grounds for disqualification under paragraph (1) or grounds for challenge under paragraph (2), he/she may voluntarily refrain from deliberation or resolution referred to in Articles 8 (1) 3, 8 (1) 4 or 62 for himself/herself. In such cases, a member that intends to refrain from deliberation or resolution shall explain grounds therefor. <Amended by Act No. 12213, Jan. 7, 2014>
[This Article Newly Inserted by Act No. 11396, Mar. 21, 2012]
 Article 10-3 (Appointment of Temporary Members)
(1) Where the number of members who may participate in deliberation or resolution is less than two thirds of constituent members of a meeting of the personnel committee under Article 10 (2) due to disqualification, challenge or voluntary refrainment of members of the personnel committee under Article 10-2, the head of a local government shall appoint or commission temporary members until the number of members reaches two thirds of the number of constituent members and have them participate in the relevant deliberation or resolution.
(2) Article 7 (5) and (8) through (10) shall apply mutatis mutandis to qualifications for temporary members, reimbursement for actual costs and prohibition against divulgence of confidential information, and paragraph (6) of the said Article shall apply mutatis mutandis to grounds for disqualification.
[This Article Newly Inserted by Act No. 11396, Mar. 21, 2012]
 Article 11 (Clerical Staff in Personnel Committee)
(1) The personnel committee shall have a few administrative secretaries and clerks.
(2) The head of each agency concerned shall appoint administrative secretaries and clerks among the public officials under his/her jurisdiction.
(3) An administrative secretary shall execute matters under the supervision of the committee chairperson, and the clerk shall assist the administrative secretary.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 12 Deleted. <by Act No. 4370, May 31, 1991>
 Article 13 (Establishment of Appeals Commission)
In order to examine and decide on any appeal regarding a disciplinary action or other unfavorable disposition or omission against a public official's will, a local appeals commission and an education appeals commission (hereinafter referred to as the "appeals commission") shall be established in each City/Do for each appointing authority (excluding those with the delegated authority) under Article 6.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 14 (Members of Appeals Commission)
(1) Each appeals commission shall be comprised of not fewer than 16 and not more than 20 members. In such cases, members who are commissioned pursuant to paragraph (2) 1 and 2 shall be at least one half of the total number of its members. <Amended by Act No. 11396, Mar. 21, 2012>
(2) The committee members shall be appointed or commissioned by the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Do Governor or the Governor of a Special Self-Governing Province (hereinafter referred to as the "Mayor/Do Governor"), or the Superintendent of the Office of Education, from among the following persons: Provided, That members of the personnel committee, party members under the Political Parties Act, local council members, and persons falling under any of subparagraphs of Article 31 shall not be members of the appeals commission:
1. A judge, public prosecutor or attorney-at-law;
2. A person employed for the position of an associate professor or higher, teaching law at a university;
3. A subordinate public official whose position is equivalent to or higher than director-general.
(3) Members commissioned pursuant to paragraph (2) shall hold office for a two-year term and may be reappointed.
(4) Meetings of the appeals commission shall be comprised of the chairperson and six members whom the Mayor/Do Governor or the superintendent of the office of education of the City/Do designates at every meeting. In such cases, members who are commissioned pursuant to paragraph (2) 1 and 2 shall be at least five persons. <Newly Inserted by Act No. 11396, Mar. 21, 2012>
(5) A local government may reimburse members of the committee who attend meetings for actual costs, as prescribed by Municipal Ordinance. <Amended by Act No. 11396, Mar. 21, 2012>
(6) A member of the committee who is not a public official shall be deemed a public official when penalty provisions under the Criminal Act or other Acts apply with respect to his/her duties. <Amended by Act No. 11396, Mar. 21, 2012>
(7) In addition to matters provided for in paragraphs (1) through (6), matters necessary for the operation of the appeals commission shall be prescribed by Presidential Decree. <Amended by Act No. 11396, Mar. 21, 2012>
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 15 (Chairperson of Appeals Commission)
(1) The appeals commission shall have a chairperson, elected from among commissioned members of the commission who fall under Article 14 (2) 1 or 2.
(2) The chairperson of the appeals commission shall represent the commission and be in charge of the affairs thereof.
(3) When the chairperson is unable to perform his/her duties due to any inevitable circumstances, the committee member nominated in advance by the chairperson shall act on his/her behalf.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 15-2 (Guarantee of Status of Members)
(1) No commissioned members of the appeals commission shall be dismissed from post against their will unless they are unable to perform their duties on the grounds of imprisonment without prison labor or more severe punishment or their long-time mental and physical exhaustion.
(2) When a member of the appeals commission falls under any of the grounds for disqualification under the proviso to Article 14 (2), such member shall duly resign from the post.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 16 (Clerical Staff of Appeals Commission)
(1) The appeals commission shall have administrative secretaries and clerks.
(2) An administrative secretaries and clerks shall be appointed by the Mayor/Do Governor or the Superintendent of the Office of Education from among public officials under his/her jurisdiction.
(3) An administrative secretary shall take charge of the affairs of the appeals commission under the supervision of the chairperson, and a clerk shall assist the administrative secretary.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 17 (Examination of Appeals Commission)
(1) The appeals commission shall, upon receipt of a petition under this Act, examine it without delay.
(2) If it is deemed necessary in conducting the examination referred to in paragraph (1), the appeals commission may examine the facts, summon witnesses, or order the submission of relevant documents.
(3) If the appeals commission summons any public official affiliated with the agency demanding disciplinary action or other relevant agency as a witness to examine any petition case, the head of such agency shall comply with such request.
(4) The appeals commission may, if necessary, entrust a person of special knowledge and experience to undertake a verification or appraisal.
(5) When the appeals commission summons a witness who is a public official, it shall reimburse him/her actual costs incurred, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 18 (Right to Statement of Petitioner)
(1) The appeals commission shall, in conducting an examination on a petition case, give the petitioner, or his/her representative, an opportunity to state his/her opinion, as prescribed by Presidential Decree.
(2) Any decision made without providing an opportunity to make a statement under paragraph (1) above shall be null and void.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 19 (Decision of Appeals Commission)
(1) Any decision on a petition shall be made at a meeting with two-thirds of the constituent members presenting by a concurrent vote of a majority of the members present thereat, but, if such vote is not attainable, the number of opinions that are most unfavorable to a petitioner shall be added to the number of opinions that are next most unfavorable, to be voted upon until a majority is attained; the opinion most favorable to the petitioner, which is held within the majority group, shall be deemed a concurrent opinion. <Amended by Act No. 11396, Mar. 21, 2012>
(2) No member of the appeals commission may become a witness for a petition pending before the committee and shall be excluded from the review and decision in any petition related to the following matters: <Amended by Act No. 10700, May 23, 2011>
1. Matters related to the member himself/herself;
2. Matters related to a person who was or is a relative of the relevant member.
(3) In any of the following cases, a party to a petition may file a request for the challenge to a member of the appeals commission by clearly stating the reasons thereof, and the appeals commission shall decide on whether to challenge the relevant member. In such cases, no member to whom a request for the challenge is filed shall participate in making a decision on the challenge. <Newly inserted by Act No. 10700, May 23, 2011>
1. Where the member of the appeals commission falls under any subparagraph of paragraph (2);
2. Where any ground exists by which it would be difficult to expect the impartial review and decision.
(4) Any member of the appeals commission may, if falling under any subparagraph of paragraph (3), refrain voluntarily from the deliberation and decision of the relevant case. <Newly inserted by Act No. 10700, May 23, 2011>
(5) The appeals commission shall make decisions as follows: <Amended by Act No. 10700, May 23, 2011>
1. If a request for review is not permissible under this Act or other Acts, it shall be dismissed;
2. If a request for review is deemed groundless, it shall be rejected;
3. If it is deemed that a request for review to have an action cancelled or changed, is made for reasonable grounds, such action shall be cancelled or changed, or an administrative agency rendering such action shall be ordered to cancel or change it;
4. If a request for review seeking confirmation of validity of an action or seeking confirmation of existence of an action is deemed to have reasonable grounds, it shall be confirmed as requested;
5. If a request for review seeking performance of an obligation as regards illegal or unreasonable refusal or omission is deemed to have reasonable grounds, an action shall be taken, without delay, in compliance with such request, or an order shall be issued to do so.
(6) No decision by the appeals commission ordering cancellation or change of an action shall affect any resolution on discipline or imposition of disciplinary surcharges (hereinafter referred to as "disciplinary action, etc") previously taken, until new disciplinary actions or other measure are taken according to such order. <Amended by Act No. 10147, Mar. 22, 2010>
(7) When the appeals commission examines a petition upon a request of a person aggrieved by a disciplinary action, it shall not make a decision imposing a disciplinary punishment heavier than that imposed by the initial disciplinary action. <Amended by Act No. 10147, Mar. 22, 2010>
(8) Each decision of the appeals commission shall be made in writing, specifying the grounds thereof.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 19-2 (Appointment of Temporary Members)
(1) If the number of the members who are able to participate in the deliberation and decision is less than three due to disqualification, challenge or voluntary refrainment of any member of the appeals commission referred to in Article 19 (2) through (4), the Mayor/Do Governor or the Superintendent of the Office of Education shall appoint temporary members until the number becomes three and have them participate in deliberating on and deciding the relevant case.
(2) Each subparagraph of Article 14 (2) and paragraphs (5) and (6) of the same Article shall apply mutatis mutandis to qualifications for temporary members, reimbursement for actual costs, etc., and the proviso to Article 14 (2) shall apply mutatis mutandis to reasons for disqualification. <Amended by Act No. 11396, Mar. 21, 2012>
[This Article Newly Inserted by Act No. 10700, May 23, 2011]
 Article 20 (Effect of Decision)
Each decision of the appeals commission under Article 19 shall bind the administrative agency which renders the action in question.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 20-2 (Relation with Administrative Litigation)
No administrative litigation over any action under Article 67, any other unfavorable action against a person's will, or any omission may be lodged without undergoing deliberation and decision by the appeals commission.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 21 (Procedures for Petition)
The institution, examination and decision on a petition, and other matters necessary for the procedures for petition shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
CHAPTER III POSITION CLASSIFICATION SYSTEM
 Article 22 (Establishment of Position Classification System)
(1) Except as provided for by this Act, matters concerning the position classification system shall be prescribed by Presidential Decree.
(2) With respect to the position classification system referred to in paragraph (1), all of the positions subject to the system shall be classified by functional group, functional category, class, or class of duties, according to the kinds of duties and the degrees of difficulty and responsibility, and the positions that belong to the same class or the same class of duties shall be classified so as to require the same qualification requirements and to ensure payment of the same or similar remunerations.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 22-2 (Analysis of Duties)
(1) The appointing authority may, when it is deemed necessary to manage personnel affairs reasonably, conduct analysis of duties.
(2) Necessary matters concerning conducting analysis of duties referred to in paragraph (1) and the practical use of the results thereof shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 23 (Assignment of Positions)
(1) The head of a local government shall assign all positions subject to the position classification system to any of classes or classes of duties, as prescribed by Presidential Decree.
(2) The head of a local government shall re-examine the assignment of positions under paragraph (1), as prescribed by Presidential Decree, and, if it is deemed necessary, he/she shall correct it.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 24 (Implementation of Position Classification System)
The position classification system for the general service may be implemented gradually starting from the easiest one to implement, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
CHAPTER IV APPOINTMENT AND EXAMINATION
 Article 25 (Criteria for Appointment)
Appointment of public officials shall be made based upon results of examination, career appraisal, records of service and other capabilities proved: Provided, That the head of a local government may take an affirmative action aimed at providing the physically handicapped, persons who have majored in science and technology and persons in the low-income bracket with preferential treatments in their appointments, promotions and transferences and practically promoting gender equality when he/she manages his/her personnel affairs, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 25-2 (Appointment of Foreigners and Persons with Multiple Nationalities)
(1) The head of a local government may appoint foreigners as public officials to the posts of fields not relating to national security or confidential or secret information, as prescribed by Presidential Decree.
(2) The head of a local government may restrict the appointment of persons with multiple nationalities (referring to a person with the nationality of the Republic of Korea and that of a foreign country concurrently; hereinafter the same shall apply) as public officials to the posts falling under any of the following fields prescribed by Presidential Decree: <Newly Inserted by Act No. 10700, May 23, 2011>
1. The fields relating to the security of the State for the existence of the State and the maintenance of fundamental order under the Constitution;
2. The fields relating to security or confidential information, the disclosure of which could cause impairment of the interest of the State or a local government;
3. The fields where the appointment of a person with multiple nationalities is not proper, such as diplomacy, a field where policies relating to the interest between the states are decided and implemented etc.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 25-3 (Appointment of Person subject to Shorter Working Hours)
In consideration of the characteristics of duties or the circumstances of an agency, the head of a local government newly appoints public officials or reappoints public officials under his/her control for shorter hours than usual, as prescribed by Presidential Decree or municipal ordinances. <Amended by Act No. 10700, May 23, 2011>
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 25-4 (Recommendation, Employment and Probationary Service of Talented Human Resources in Technical Fields)
(1) A person who has the authority to appoint may recommend and select high school graduates or graduates-to-be whose academic performance are excellent, and have them serve on probation for not more than three years in order to attract talented human resources to public service, and appoint those whose service performance and qualification during the term of probation are deemed excellent as public officials in general service in technical fields. <Amended by Act No. 11531, Dec. 11, 2012; Act No. 13292, May 18, 2015>
(2) Any person who falls under any subparagraph of Article 31 shall be prohibited from serving on probation under paragraph (1), and a person on probation shall lose his/her eligibility to serve on probation if he/she falls under any subparagraph of Article 31. <Newly Inserted by Act No. 13292, May 18, 2015>
(3) A person who works as a probationary public official pursuant to paragraph (1) shall be deemed a public official when he/she engages in an official act or penalty provisions under the Criminal Act and other Acts apply to him/her. <Amended by Act No. 13292, May 18, 2015>
(4) Methods for recommendation and selection, the term of probation, appointed class, etc. under paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 13292, May 18, 2015>
[This Article Newly Inserted by Act No. 11396, Mar. 21, 2012]
 Article 25-5 (Public Officials Appointed Based on Fixed Period of Service)
(1) When the head of a local government appoints a public official in career service in order to have him/her take charge of affairs requiring expert knowledge and technology, or speciality in the management of appointment, he/she may appoint a public official who serves within a fixed certain period (hereinafter referred to as "public official with a fixed term of office").
(2) The terms and conditions of and procedures for appointment of a public official with a fixed term of office, an upper age limit for service and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11531, Dec. 11, 2012]
 Article 26 (Method of Filling Vacancy)
A vacancy in a position of public officials shall be filled by means of new appointment, promotion, demotion, or change or transference by the appointing authority.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 27 (New Appointment)
(1) New public officials shall be appointed through an open competitive examination. <Amended by Act No. 10700, May 23, 2011>
(2) Notwithstanding paragraph (1), in any of the following cases, public officials may be appointed by means of an examination for which the prerequisite for taking the examination is determined and through which an appointment is made by means of competition among many persons falling under the same causes (hereinafter referred to as "career-competitive examination for appointment"): Provided, That, in cases prescribed by Presidential Decree, among cases falling under any of subparagraphs 1, 3, 4, 5, 7 and 10, if an examination targeted for many persons is not proper, public officials may be appointed through an examination that is not targeted for many persons: <Amended by Act No. 10700, May 23, 2011; Act No. 11396, Mar. 21, 2012; Act No. 11531, Dec. 11, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 13292, May 18, 2015>
1. Where a public official in career service that retired due to grounds prescribed in Article 62 (1) 1 or due to the expiration of period of a leave of absence prescribed in Article 63 (1) 1 is reappointed, within three years (five years in cases of a leave of absence due to an on-duty illness or injury under the Public Officials Pension Act) after the date of his/her retirement, to the career service in the same class as the class he/she had been in at the time of retirement, or where a public official in career service who retired to work as a public official in non-career service or in other kinds of career service is reappointed to the career service in the same class as the class he/she had been in at the time of retirement;
2. Where a person holding a certificate of qualification relating to duties, in relation to which any appointment is to be made, is appointed, when it is inadequate to appoint any person through an open competitive examination for appointment;
3. Where a person whose service career in a position or class same as a class or position to which he/she is to be appointed or whose service period or research career equivalent to a class or position to which he/she is to be appointed is at least the period prescribed by Presidential Decree, is appointed;
4. Where appointing a person that has graduated from any school prescribed by Presidential Decree from among schools (including graduate schools) established for a special purpose related to a position, in relation to which any appointment is to be made, and has completed on-the-job training at a national agency or local government;
5. Where a public official in Grade I is appointed;
6. Where a person is appointed to work in an unusual field of service or environment or in an unusual geographic area, such as an island, a remote country place, etc., and it is difficult to fill the vacancy through an open competitive examination for appointment;
7. Where a state public official is appointed as a local public official in a corresponding class and position (referring to positions, the degrees of difficulty and responsibility of which are similar to those of the relevant position, in cases of a public official that belongs to the Senior Civil Service);
8. Where a person, who has graduated from any of academic departments prescribed by Presidential Decree from among academic departments in the fields of industry, arts and history in high schools, junior colleges or universities (including graduate schools) relevant to a position to which he/she is to be appointed and who is recommended by the head of a relevant school, is appointed as a public official in any functional category of research or technical skills, as prescribed by the Minister of Education or the Minister of the Interior;
9. Where appointing a person, who has a career of research or service in any scientific and technical field prescribed by Presidential Decree related to a position to which he/she is to be appointed or in any similar area of special expertise;
10. Where a person, who has completed his/her probationary service pursuant to Article 25-4 and a person who has graduated from a school and received a scholarship under Article 41-4 while enrolled, is appointed;
11. Where a person proficient in any foreign language, well grounded in international affairs, and equipped with expert knowledge is appointed;
12. Where a person that resides in a specified area is appointed to an agency located in the same area, in consideration of the place of his/her residence or regional peculiarity;
13. Where a person that has obtained Korean citizenship by naturalization under Articles 4 and 8 of the Nationality Act or North Korean defector under subparagraph 1 of Article 2 of the North Korean Refugees Protection and Settlement Support Act is appointed.
(3) Deleted. <by Act No. 10700, May 23, 2011>
(4) In cases of a career-competitive examination for appointment and examination under the proviso to the partial provisions other than each subparagraph of paragraph (2) (hereinafter referred to as "career-competitive examination for appointment, etc." in this Article), any person that has retired on the grounds referred to in Article 62 (1) 1 may be preferentially appointed, and matters necessary for the classes or positions to which public officials may be appointed based on the career-competitive examination for appointment, etc., qualifications required for applying for examinations for each position or class, and examinations, etc. shall be prescribed by Presidential Decree. <Amended by Act No. 10700, May 23, 2011; Act No. 11531, Dec. 11, 2012; Act No. 12213, Jan. 7, 2014>
(5) Anyone appointed through a career-competitive examination for appointment under paragraph (2) 6, 11, 12 or 13 may not change his/her position, or may not be transferred to any agency or any local government, other than that to which he/she is appointed, for five years, and if he/she retires within five years, his/her service career shall not be counted in the service or research record necessary for the career-competitive examination for appointment under paragraph (2) 3: Provided, That the same shall not apply where local public officials are transferred to any other functional category, other positions or other local governments due to any of the following grounds, such as abolition of a position or over-staffing or where any local public officials are dismissed ex officio in accordance with Article 62 (1) 1: <Amended by Act No. 10700, May 23, 2011; Act No. 11396, Mar. 21, 2012>
1. Abolition, establishment, division, or merger of local governments;
2. Reorganization or abolition of any office or position and the fixed number of positions;
3. Reduction of budgets.
(6) When the head of a local government intends to appoint state public officials that serve in agencies of the national government or other local government as public officials of the local government through a career-competitive examination for appointment under paragraph (2) 7, he/she must obtain consent under Article 29-3 which shall apply mutatis mutandis. <Amended by Act No. 10700, May 23, 2011>
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 28 (Probationary Appointment)
(1) In cases of new appointments of public officials of Grade V (including public officials whose grade is equivalent to Grade V among public officials to whom the classification of ranks or the classification of functional groups and functional category referred to in Article 4 (1) does not apply pursuant to paragraph (2) of the said Article; hereinafter the same shall apply), they shall first be appointed as a probationer for a period of one year, and in cases of those of Grade VI or lower (including public officials whose grade is equivalent to Grade VI or lower among public officials to whom the classification of ranks or the classification of functional groups and functional category referred to in Article 4 (1) does not apply pursuant to paragraph (2) of the said Article; hereinafter the same shall apply), for six months, and they shall be appointed as regular public officials in consideration of their service or training results and their quality as public officials during such period: Provided, That in cases prescribed by Presidential Decree, the probationary appointment may be exempted, or the period may be shortened. <Amended by Act No. 11531, Dec. 11, 2012; Act No. 13292, May 18, 2015>
(2) The period of a leave of absence, the period of release from position, or the period of suspension from office or reduction of wage by disciplinary action shall not be counted in the period of probationary appointment referred to in paragraph (1).
(3) Notwithstanding Articles 60 and 62, a public official who serves for the period of probationary appointment may be dismissed if he/she produces poor service or training results or is deemed to lack qualification as a public official in violation of this Act or an order issued under this Act. In such cases, necessary matters concerning detailed grounds, procedures, etc. shall be prescribed by Presidential Decree. <Amended by Act No. 13292, May 18, 2015>
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 29 Deleted. <by Act No. 3448, Apr. 20, 1981>
 Article 29-2 (Transfer to Any Other Functional Category)
Where a public official intends to change position, he/she shall pass an examination for a transfer to any other functional category: Provided, That in cases prescribed by Presidential Decree, such examination may be exempted.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 29-3 (Transfers)
The head of a local government may accept a public official by transfer from another local government with consent of the head of the other local government.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 29-4 (Open Positions)
(1) With respect to positions which require the appointment of qualified persons from within or outside of the official positions as specialty is particularly required or as deemed necessary for the efficient policy-making, the appointing authority may designate and operate them as open positions. In such cases, the positions to which public officials with a fixed term of office may also be appointed from among the positions to which the public officials of higher than Grade V in cases of a City/Do, the public officials of higher than Grade VI in cases of a Si/Gun/Gu, or public officials in corresponding positions may be appointed under Acts and subordinate statutes relevant to the organizations of local governments, such as the Local Autonomy Act, or under Municipal Ordinances or Municipal Rules shall be regarded as the open-type positions. <Amended by Act No. 11531, Dec. 11, 2012>
(2) The appointing authority shall, with respect to open positions under paragraph (1), set the requisites for performance of duties for each position in view of the details, peculiarity, etc. of such duties, as prescribed by Presidential Decree, and appoint persons satisfying such requisites.
(3) The appointing authority shall, where he/she intends to designate or alter an open position or to set or alter the requisites for performance of duties for each position, undergo the deliberation and a resolution of the relevant personnel committee.
(4) The selection examination for candidates to be appointed to the open positions shall, notwithstanding the provisions of Article 32 (3) and (4), be administered by the personnel committee of the relevant local government.
(5) Other matters necessary for the operation, etc. of open positions shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 29-5 (Publically Filled Positions)
(1) With respect to positions, from among the positions at the relevant agency, which are necessary to be filled by qualified public officials from among public officials (including the national public officials) inside and outside the relevant agency in order to manage its affairs efficiently, the appointing authority may designate and manage such positions as publically filled positions.
(2) The appointing authority shall, with respect to the publically filled positions referred to in paragraph (1), determine the requirements for performing the duties, by taking into account the details and characteristics of the duties by position, and then appoint persons who meet such requirements.
(3) Necessary matters concerning the operation, etc. of the publically filled positions shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 30 (Preferential Appointment of Persons Passing Open Competitive Examination and Coordination in Filling Vacancy)
(1) In filling any vacancy, each appointing authority shall make appointments with priority given to those who have successfully passed open competitive examinations for selection or promotion.
(2) In filling any vacancy of public officials of Grade V or higher in any local government, the Minister of the Interior may make adjustments to maintain an adequate balance in the number of persons who pass the open competitive selection examinations, open competitive promotion examinations, or the general promotion examination. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 30-2 (Personnel Exchange)
(1) If deemed necessary for exchanging personnel between the Ministry of Education or the Ministry of the Interior and local governments for the balanced arrangement of human resources and the administrative development in local governments, the Minister of Education or the Minister of the Interior may prepare a personnel exchange plan according to the personnel exchange guidelines determined by the personnel exchange council established under the Ministry of Education or the Ministry of the Interior, and may recommend heads of the relevant local governments to exchange their personnel. In such cases, the heads of the relevant local governments shall comply with such recommendation, except in extenuating circumstances. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
(2) If deemed necessary for exchanging personnel between a City/Do and subordinate local governments under his/her jurisdiction, among Sis/Guns/Gus under his/her jurisdiction, or between Si/Gun/Gu under his/her jurisdiction and an educational or research institute or public institution, the Mayor/Do Governor may prepare a personnel exchange plan on the basis of the personnel exchange guidelines determined by the personnel exchange council established at the City/Do and may recommend the heads of the relevant subordinate local governments, etc. to exchange the personnel. In such cases, the heads of the relevant local government, etc. shall comply with such recommendation, except in extenuating circumstances. <Amended by Act No. 13634, Dec. 29, 2015>
(3) Persons subject to the personnel exchange under paragraphs (1) and (2) shall be prescribed by Presidential Decree, and the organization and operation of the personnel exchange council, the personnel exchange procedure and other matters necessary for personnel exchange shall be prescribed by Ordinance of the Ministry of Education, Ordinance of the Ministry of the Interior, or municipal rule of the relevant City/Do. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 30-3 (Concurrent Holding of Offices)
If positions and duties are similar, and it is deemed not to be an impediment in carrying out the relevant duties, any public official in general service may hold concurrently any office each other as a public official in special service, a public official in general service in any specific professional field, an educational public official, such as a professor, etc., or an executive or employee of such relevant educational or research institution or other institution or organization, as prescribed by Presidential Decree. Any officer or employee of an educational or research institution or other institutions or organizations prescribed by Presidential Decree may also hold any office as a public official in special government service in a specific professional field concurrently. <Amended by Act No. 11531, Dec. 11, 2012>
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 30-4 (Dispatch for Service)
(1) If deemed necessary for administrative assistance, training, or capability improvement with respect to the performance of duties, the appointing authority may dispatch any public officials under his/her jurisdiction to other agencies within his/her local government, other local governments, State agencies, public organizations, institutions falling under any of subparagraphs of Article 4 (1) of the Act on the Management of Public Institutions (including local government-directly operated enterprises, local government-invested public corporations, and local public corporations under the Local Public Enterprises Act), domestic or foreign educational or research institutions, or other institutions to serve for a certain period, and, if deemed necessary for the efficient performance of any duties especially requiring expertise, he/she may have any agency or organization other than local governments dispatch its officers or employees to any agency under his/her jurisdiction, if so decided by the relevant personnel exchange committee.
(2) If the reason for which any public official is dispatched disappears, or if it seems impossible to attain the object of his/her dispatch, the dispatching authority shall, without delay, have the dispatched public official return to the agency to which he/she originally belonged.
(3) Officers and employees dispatched by any agency or organization other than local governments pursuant to paragraph (1) shall be deemed public officials in carrying out their duties. The same shall apply in applying penal provisions of the Criminal Act or other Acts.
(4) Where public officials are dispatched for service or where executives or employees of an agency or organization, other than a local government, are dispatched for service, the reason, period, and procedures of the dispatch, the service during the dispatch period, and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 30-5 (Principles in Management of Positions)
(1) Except as otherwise provided for in Acts and subordinate statutes, the appointing authority shall assign a position corresponding to the class of a subordinate public official, in consideration of the class of the subordinate public official and the kind of duties: Provided, That in consideration of qualifications, career, etc., a specific position equivalent thereto shall be assigned to public officials to whom the classification of ranks or the classification of functional groups or functional category does not apply pursuant to Article 4 (2) 1. <Amended by Act No. 11531, Dec. 11, 2012>
(2) In assigning a position to a public official, the position shall be one which conforms to his/her qualifications, when 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 managing assignment of positions shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 31 (Grounds for Disqualification)
None of the following persons shall be appointed as a public official: <Amended by Act No. 10147, Mar. 22, 2010; Act No. 11997, Aug. 6, 2013; Act No. 13634, Dec. 29, 2015>
1. A person under adult guardianship or under limited guardianship;
2. A person declared bankrupt and has not yet been reinstated;
3. A person sentenced to punishment of imprisonment without labor or heavier punishment and completed the sentence or for whom five years have not passed since the final decision of exemption from execution of such sentence;
4. A person sentenced to punishment of imprisonment without labor or heavier punishment and for whom two years have not passed since the expiration of the period of suspension of execution;
5. A person under the period of suspended sentence of a punishment heavier than imprisonment without labor;
6. A person disqualified, or whose qualification is suspended, pursuant to a decision of a court or other Acts;
6-2. A person who commits any offense prescribed by Articles 355 and 356 of the Criminal Act while in office as a public official, and is punished by a fine of at least 3 million won, and for whom two years have not passed after his/her sentence is finalized;
6-3. A person who commits any offense prescribed by Article 303 of the Criminal Act or Article 10 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is sentenced to at least three million won in fines, and for whom two years have not passed after his/her sentence is finalized;
7. A person removed from his/her office by a disciplinary action, and for whom five years have not passed thereafter;
8. A person dismissed by a disciplinary action, and for whom three years have not passed thereafter.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 31-2 (Separate Sentence of Punishment of Fine)
Notwithstanding Article 38 of the Criminal Act, where a fine is imposed on concurrent crimes for the crime prescribed in subparagraph 6-2 or 6-3 of Article 31 and any other crime, a separate sentence shall be imposed thereon. <Amended by Act No. 13634, Dec. 29, 2015>
[This Article Newly Inserted by Act No. 12213, Jan. 7, 2014]
 Article 32 (Administering Examinations)
(1) Any examination for selecting new public officials of Grades VI and VII and public officials to whom the classification of ranks or the classification of functional groups or functional category does not apply pursuant to Article 4 (2) 1 shall be administered by the relevant City/Do personnel committee established in each City/Do: Provided, That any examination for selecting new public officials in research and education service for development of an agricultural community shall be administered by an agency designated separately by Presidential Decree. <Amended by Act No. 11531, Dec. 11, 2012>
(2) Any examination for selecting new public officials of Grades VIII and IX, for promotion to Grades VI, VII and VIII, and for change of a position of public officials of Grades VI, VII, VIII and IX shall be administered by a personnel committee in the relevant local government. <Amended by Act No. 11531, Dec. 11, 2012>
(3) Various examinations for selecting public officials of Grade V or higher shall be administered by an agency designated by Presidential Decree.
(4) Notwithstanding the provisions of paragraph (3), any career-competitive examination for appointment of a person holding a qualification certificate related to a position to which such person is to be appointed shall be administered by City/Do personnel committees. <Amended by Act No. 10700, May 23, 2011>
(5) If no candidate for appointment or promotion under Articles 36 and 39 exists, or if it is deemed especially necessary for performing the personnel administration, the appointing authority may appoint a person who passed an examination administered by the State of a local government, and that corresponds to the examination for appointment and promotion for a position, by treating him/her as a person who has passed such examination for appointment and promotion for such position.
(6) If it is deemed necessary for maintaining excellent human resources and administering examinations, the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) may administer the examinations by entrusting them to the City/Do personnel committee, notwithstanding the provisions of paragraph (2).
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 33 (Principle of Equality)
Any examination for appointment through open competition shall be open equally to all citizens having the equal qualification, and the time and place of examinations shall be decided in consideration of the convenience of applicants therefor.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 34 (Eligibility for Examination)
The qualification requirements for various examinations shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 34-2 (Awarding Additional Points in Examination for Initial Appointment)
(1) Where any of the following persons applies for an examination for initial appointment of public officials, additional points may be awarded thereto:
1. A person qualified as prescribed in the National Technical Qualifications Act or any other Act or subordinate statute;
2. The spouse or children of a deceased honorable person defined in subparagraph 2 of Article 2 of the Act On Honorable Treatment Of and Support For Persons Who Died or Was Injured for Public Good;
3. A wounded honorable person defined in subparagraph 3 of Article 2 of the Act On Honorable Treatment Of and Support For Persons Who Died or Was Injured for Public Good and the spouse or children thereof.
(2) Necessary matters concerning the details of eligibility for additional points under paragraph (1), points added, the method for granting additional points, etc. shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 13292, May 18, 2015]
 Article 35 (Public Announcement of Examinations)
(1) When any open competitive examination for new appointment, open competitive examination for promotion, or career-competitive examination for appointment is administered, matters necessary for classes or positions to which those who pass the examinations are appointed, qualifications for applying for examinations, the number of persons to be selected, and methods, date and place of the examinations shall be published, as prescribed by Presidential Decree: Provided, That in cases of examinations not targeted for many persons under the proviso to Article 27 (2), such matters may not be published. <Amended by Act No. 10700, May 23, 2011; Act No. 11531, Dec. 11, 2012>
(2) When necessary for filling any vacancy, an open competitive examination for new appointment may be administered after determining, in advance, an area or agency where those who pass the examination will be assigned to. In such cases, any public official to be selected by such examination shall work in such service area or agency for a period prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 36 (Candidate List for New Appointment)
(1) The head of a local government shall enter in the candidate list for new appointment those who have passed the examination for appointment implemented by the personnel committee in a local government concerned, as prescribed by Presidential Decree.
(2) When the institution designated by Presidential Decree, as provided for in Article 32 (3), implemented an open competitive examination for new appointment for the public officials of Grade V, the Mayor/ Do Governor or Superintendent of the Office of Education shall enter those who have passed the examination for appointment in the candidate list for new appointment, as prescribed by Presidential Decree.
(3) The candidate list for new appointment shall be available to any person for perusal.
(4) The list of candidates who have passed an open competitive examination for new appointment for public officials of Grade V shall be valid for five years, and other lists of candidates for new appointment shall be valid for a period prescribed by Presidential Decree not exceeding two years: Provided, That the head of the examination implementing agency may extend the period by up to one year if deemed necessary.
(5) If a person who has passed an open competitive examination for new appointment registers his/her name on the candidate list for new appointment and then enlists in the army for military service pursuant to the Military Service Act within the validity term (including those who have completed the students' military training course), the compulsory service period and the period in which it is impossible to be appointed by reasons prescribed by Presidential Decree, shall not be counted in the period referred to in paragraph (4).
(6) When the head of a local government has decided to extend the validity term of the candidate list for new appointment under paragraph (4), he/she shall publicly announce it without delay.
(7) Any person on the candidate list for new appointment and in his/her probationary period shall be deemed as a public official in performing any duties or applying penal provisions pursuant to the Criminal Act or other Acts. <Newly Inserted by Act No. 10147, Mar. 22, 2010>
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 37 (Method of Appointing Candidates)
(1) When the head of a local government who prepared a candidate list for new appointment under Article 36 (1) and (2) appoints public officials from among those on the candidate list, he/she shall appoint up to three times the number of each vacancy in order of precedence on the list.
(2) When the head of a Si/Gun/Gu, or a person to whom the authority to appoint is entrusted under Article 6 (2), appoints public officials, he/she shall request a recommendation for appointment of candidates, from the head of a local government who prepared the candidate list under Article 36 (1) and (2).
(3) Any person in receipt of a request for a recommendation under paragraph (2) above shall promptly recommend up to three times the number of candidates as the number of each vacancy, for appointment, from among those on the candidate list.
(4) An appointing authority upon recommendation shall select and appoint persons from among those recommended under paragraph (3) above, and he/she shall notify it to the person who recommended candidates within seven days from the date of recommendation.
(5) A candidate for appointment shall become ineligible as a candidate for appointment in any of the following cases: <Amended by Act No. 13292, May 18, 2015>
1. Where the candidate fails to comply with the appointment of an appointing authority;
2. Where the candidate fails to participate in training for probationary officials under Article 74;
3. Where the candidate is deemed unsuited for performing duties as a public official due to poor grades in training, inability to continuously undergo training for reasons attributable to him/her, or other grounds. In such cases, matters necessary for detailed grounds, procedures, etc. shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 38 (Promotion)
(1) Any appointment by promotion across rank shall be made by appraising the performance of services and career rating and proof of other abilities: Provided, That any appointment by promotion to Grades I through III shall be made by taking into consideration the ability and career background, and appointment by promotion to Grade V shall be subject to an examination for promotion, but if deemed necessary, it may be made through the resolution of the personnel committee, as prescribed by Presidential Decree.
(2) If deemed necessary for promotion of public officials of Grade VI or lower, the examination for promotion may be conducted concurrently, as prescribed by Presidential Decree.
(3) The minimum number of years of service for each rank required for a promotion, restriction on promotion, and other matters necessary for promotion shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 39 (Methods of Appointment by Promotion)
(1) Any appointment by promotion to Grade I shall be made from among public officials of the next lower grade, and appointment by promotion to Grades II and III from among public officials of the next lower grade within the same functional group.
(2) The appointment by promotion through a promotion examination shall be made in the order of appointment by promotion prescribed by Presidential Decree, from among those who have passed the examination for promotion: Provided, That Article 37 (1) through (4) shall apply mutatis mutandis to methods for appointment of those who are entered in the list of candidates for promotion after passing any of the following examinations: <Amended by Act No. 11396, Mar. 21, 2012>
1. An open competitive examination for promotion;
2. A general examination for promotion to public officials of Grade V or lower in the occupational categories of technical skills administered in each City/Do or region under paragraph (6) and public officials equivalent to public officials of Grade V or lower among public officials in the occupational categories of research or special skills under Article 4 (2).
(3) Any appointment by promotion, other than that referred to in paragraphs (1) and (2) above, shall be made from among public officials of the next lower grade in the same functional category, and vacancy shall be filled by promotion from the promotion candidate list in the order of precedence in the promotion candidate list, within the limit prescribed by Presidential Decree.
(4) The promotion of any public official pursuant to paragraphs (1) and (3) shall require a prior deliberation by the personnel committee for promotion. In cases of prior deliberation on the promotion of any public official to the deputy head of a Si/Gun/Gu, notwithstanding the provisions of Article 9 (1), any member elected from among commissioned members shall act on behalf of the chairperson of the personnel committee.
(5) The appointing authority shall prepare a promotion candidate list for each class in the order of ranking based on the appraisal of service record, career rating and proof of other ability, as prescribed by Presidential Decree: Provided, That in order to secure quality human resources and to maintain the balance of promotion opportunities, the Mayor/Do Governor may prepare an integrated list of candidates for promotion for each City/Do, as prescribed by Presidential Decree, on the basis of the lists of candidates for promotion prepared by the heads of Sis/Guns/Gus for public officials of Grade VI or lower in the occupational categories of technical skills and public officials equivalent to public officials of Grade VI or lower among public officials in the occupational categories of research or special skills under Article 4 (2) who belong to the relevant City/Do and Sis/Guns/Gus in consultation with the heads of Sis/Guns/Gus. <Amended by Act No. 11396, Mar. 21, 2012>
(6) Notwithstanding the proviso to paragraph (5), where the Do Governor deems it necessary in consideration of the living neighborhood, geographical range, etc. of the relevant Do, he/she may prepare an integrated list of candidates for promotion for each region in the jurisdiction of the relevant Do in consultation with the heads of the relevant Sis/Guns. <Newly Inserted by Act No. 11396, Mar. 21, 2012>
(7) The Mayor/Do Governor and the superintendent of the office of education shall prepare any of the following lists of candidates: <Amended by Act No. 11396, Mar. 21, 2012>
1. A list of candidates for promotion of those who have passed an open competitive examination for promotion to public officials of Grade V;
2. A list of candidates for promotion of those who have passed a general examination for promotion to public officials of Grade V or lower in the occupational categories of technical skills and to public officials equivalent to public officials of Grade V or lower among public officials in the occupational categories of research or special skills under Article 4 (2), which is administered in each City/Do or each region under paragraph (6).
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 39-2 (Methods of Administering Promotion Examination)
(1) The examination for promotion shall be classified into a general promotion examination and an open competitive promotion examination.
(2) The general promotion examination shall be administered for those who are included in double to five times the number of vacancies or the sum of present and anticipated vacancies to be filled by promotion in the order of precedence in the promotion candidate list, and a successful candidate shall be determined by combined results of the examination scores and the rating marks on the promotion candidate list (in cases of a general examination for promotion of public officials of Grade VI or lower in the occupational categories of technical skills who belong to City/Do and Si/Gun/Gu under the proviso to Article 39 (5) or paragraph (6) of the said Article, and public officials equivalent to public officials of Grade VI or lower among public officials in the occupational categories of research or special skills under Article 4 (2), referring to a list of candidates for promotion prepared for each City/Do or each region; hereinafter the same shall apply). <Amended by Act No. 11396, Mar. 21, 2012>
(3) The open competitive promotion examination shall be limited to promotion to Grade V and shall be administered, if necessary for maintaining balance among agencies in the opportunity of promotion and selecting able public officials, and successful candidates shall be determined by the results of the examination.
(4) Those eligible for applying for an examination, methods of application, methods of determining successful candidates in the examination, and effects of passing the examination, in an examination for promotion referred to in paragraphs (2) and (3) above, and other matters necessary for the examination for promotion, shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 39-3 (Special Promotion of Excellent Public Officials, etc.)
(1) Notwithstanding Articles 38 and 39 (1) through (3), if a public official falls under any of the following subparagraphs, he/she may be appointed by a special promotion: Provided, That the public officials of Grade VI may participate with priority in the examination for a promotion or may be eligible for decision for promotion by the personnel committee:
1. A person who has set an example to other public officials in maintaining fairness in the execution of public services and realizing a clean public service society by diligently discharging his/her duties with integrity, thoroughness and an attitude of dedication;
2. A person who has made much contribution to the development of administration with a prominent ability in performing his/her duties;
3. A person who has contributed to achieving a remarkable development in the operation of administration, such as reduction of the budgetary expenses of the State and local government, by adopting and executing any proposal prescribed in Article 78;
4. When a person who has made an exceptional contribution during his/her tenure of office goes into honorary retirement under Article 66-2;
5. When a person who has made an exceptional contribution during his/her tenure of office dies while on public duty.
(2) The requirements for special promotion and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 40 (Preferential Appointment of Person Rendering Meritorious Service to State)
When public officials are appointed, any person who has rendered meritorious service to the State shall be appointed preferentially, as prescribed by Acts and subordinate statutes.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 41 (Filling Vacancy of Persons in Temporary Retirement, Long-Term Training, etc.)
(1) If public officials retire temporarily for at least six months pursuant to Article 63 (1) 2, 4, or 5, 63 (2) or 65-2, the legally prescribed number corresponding to the classes, positions or equivalent ranks of such public officials shall be deemed separately fixed from the date of temporary retirement, and any vacancy may be filled: Provided, That where leave of absence is taken pursuant to Article 63 (2) 4, even if the leave of absence is taken for at least 3 months, the vacancy thereof may be filled when such leave of absence is prescribed by Presidential Decree or Ordinance of a local government. <Amended by Act No. 10700, May 23, 2011; by Act No. 11531, Dec. 11, 2012>
(2) If a public official is dispatched under Article 30-4, it shall be deemed, during the period of dispatch, that the number of positions for the public officials of the same class as the dispatched officials has increased by the number of the dispatched, and any vacancy may be filled or the dispatched official may be promoted, as prescribed by Presidential Decree: Provided, That in cases of dispatch to be terminated within two months, this shall not apply.
(3) If the petition appeals commission or the court has made a decision or judgement of nullity or cancellation against a disposition of dismissal, release from office, removal or demotion taken against a public official, the legally prescribed number corresponding to the class or position before the disposition of a person who was subjected to the disposition of dismissal, release from office, removal or demotion shall be deemed separately fixed from the time vacancies caused by the disposition of dismissal, release from office, removal or demotion are filled. <Amended by Act No. 10700, May 23, 2011; Act No. 11531, Dec. 11, 2012>
(4) If a position is not assigned under Article 69-4 (2), a vacancy corresponding to or equivalent to the class or position of the person removed from his/her position may be deemed to exist and filled accordingly. <Newly Inserted by Act No. 13634, Dec. 29, 2015>
(5) The increased number of personnel referred to in paragraphs (1) through (3) above shall be deemed reduced when the first vacancy occurs in the relevant class or position after any of the following grounds arise: Provided, That the fixed number of the public officials in non-career service referred to in paragraph (1) shall be deemed extinguished when the grounds referred to in subparagraph 1 arise: <Amended by Act No. 10700, May 23, 2011; by Act No. 11531, Dec. 11, 2012>
1. Reinstatement of a person in temporary retirement;
2. Return of a dispatched person;
3. Return of a dismissed, released or removed person or reinstatement of a demoted person to the class before the disposition of demotion.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Articles 41-2 and 41-3 Deleted. <by Act No. 3448, Apr. 20, 1981>
 Article 41-4 (Payment of Scholarships)
(1) If required for securing a qualified public official, the head of a local government may pay 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 and subordinate statutes (including the technical colleges and educational institutions in which the courses for degrees are set up) and desires to be appointed as a public official, and may have the person serve as a public official with a specified compulsory service period imposed after graduation.
(2) If a person who received a scholarship under paragraph (1) above, fails to continuously receive the payment or is not appointed as a public official, due to reasons attributable to him/her, or if he/she retires from office without completing the compulsory service period, the head of a local government may order the person in question or his/her surety who is jointly and severally liable to return the whole or part of the paid scholarship, and, if he/she fails to comply with it, it may be collected in the same manner as delinquent local taxes are collected: Provided, That where there are justifiable reasons not to do so as prescribed by Presidential Decree, this shall not apply.
(3) The scope of the schooling expenses to be paid as a scholarship, the recipients, methods of employment, compulsory service period, the amount to be recovered in the case of unfulfillment of the duty, and other necessary matters shall be prescribed by Presidential Decree. In such cases, the compulsory service period shall be determined within a period not exceeding twice the period during which the scholarship is paid.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 41-5 Deleted. <by Act No. 3448, Apr. 20, 1981>
 Article 42 (Prohibition of Act Interfering with Examination or Appointment)
No person shall intentionally commit any act interfering with, or exerting any unjustifiable influence on, any examination or appointment.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 43 (Prohibition of Malpractice concerning Personnel Affairs)
No person shall make any false or unlawful statement, record, certification, grading or report on any selection examination, promotion, appointment, or any other personnel records.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 43-2 (Measures against Persons Cheating in Examination for Appointment)
(1) Where a person causes a third person to take an examination for appointment on his/her behalf or commits any other misconduct prescribed by Presidential Decree in that examination, the head of an examination implementing agency may withdraw or nullify the examination taken by such person or revoke his/her pass in the examination, as prescribed by Presidential Decree. In such cases, a person against whom the aforementioned measure has been taken may be disqualified from applying for any examination for appointment, for a period prescribed by Presidential Decree not exceeding five years after such measure is taken.
(2) Where the head of an examination implementing agency intends to take a measure under paragraph (1) (excluding the withdrawal of an examination), he/she shall pre-notify the relevant person of the details and grounds for the measure so as to provide him/her with an opportunity to defend himself/herself.
[This Article Newly Inserted by Act No. 13292, May 18, 2015]
CHAPTER V REMUNERATION
 Article 44 (Principles in Determination of Remuneration)
(1) Remunerations to public officials shall be fixed for each rank, grade, or class of duties, to correspond to the degree of difficulty of duties and of responsibility: Provided That remunerations may be separately fixed for public officials engaged in duties of extraordinary degree of difficulty and responsibility and in duties for which it is difficult to fill vacancy or for public officials in occupational categories of research or special skills prescribed in Article 4 (2): Provided, That remunerations to any of the following public officials may be separately fixed: <Amended by Act No. 11531, Dec. 11, 2012>
1. Public officials who engage in duties the difficulty and the degree of responsibility of which are highly extraordinary or in which it is difficult to fill vacancies;
2. Public officials to whom the classification of ranks or the classification of functional groups or functional category referred to in Article 4 (1) does not apply pursuant to paragraph (2) of the said Article;
3. Public officials with a fixed term of office.
(2) Remunerations of public officials shall be fixed by taking into account the standard cost of living of the general public, the price levels and other circumstances, and efforts shall be made to keep the remuneration of the public officials in proper balance with the remunerations of the private sector.
(3) Remunerations of public officials shall be balanced among those in career service, and between those in career service and those in non-career service.
(4) Neither money nor valuables may be paid as remuneration to public officials, unless it is provided for in this Act or other Acts and subordinate statutes.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 45 (Provisions concerning Remuneration)
(1) The following matters concerning remuneration to public officials shall be prescribed by Presidential Decree:
1. Matters concerning salaries, salary classes and raises in salary;
2. Matters concerning allowances;
3. Matters concerning methods of payment, calculation and other matters regarding the payment of remunerations.
(2) Notwithstanding the provisions of paragraph (1) above, matters concerning the payment of bonuses or special raises in salary prescribed in Article 76 (2) shall be prescribed by Presidential Decree.
(3) Where a public official receives remuneration under paragraph (1) by fraud or other wrongful means, an amount by up to two times the amount received may be collected in addition thereto.
(4) Matters necessary for the types of remuneration which may be collected by adding the amount of money pursuant to paragraph (3), the amount of money added, etc. shall be prescribed by Presidential Decree. <Amended by Act No. 11531, Dec. 11, 2012>
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 46 (Reimbursement for Actual Expenses, etc.)
(1) Any public official is entitled to receive reimbursement for actual expenses incurred in carrying out his/her duties, in addition to his/her remuneration, as prescribed by Municipal Ordinance of a local government.
(2) If a public official was entrusted with permission from the head of an agency to which he/she belongs with a special research project in addition to duties of his/her office to the extent it does not interfere with the due performance of his/her regular assignments, he/she may receive reimbursement for it, upon the completion of the project.
(3) Where a public official has received reimbursement for actual expenses, etc. under paragraphs (1) and (2) by deceit or other unlawful means, the head of a local government may add and collect money within double the amount of money the public official has received. <Newly Inserted by Act No. 11531, Dec. 11, 2012>
(4) Kinds of reimbursement for actual expenses collectible by adding the amount of money pursuant to paragraph (3), the amount of money added, etc. shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 11531, Dec. 11, 2012>
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 46-2 (Allowance for Public Officials in Extraordinary Civil Service following Voluntary Retirement)
Where the abolition of positions or excess of personnel are brought about due to any of the following grounds, the public officials in labor service and in extraordinary civil services (excluding secretaries and person assistants) that retire voluntarily may be paid allowances within budget, as prescribed by Presidential Decree, unless otherwise provided for in other Acts: <Amended by Act No. 10700, May 23, 2011; Act No. 12213, Jan. 7, 2014>
1. Abolition, establishment, division, or merger of local governments;
2. Reorganization or abolition of any office or position and the fixed number of positions;
3. Reduction of budgets.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 46-3 (Remuneration for Those Dispatched by Agencies Other Than Local Governments)
The remuneration to officers and employees dispatched by any agency or organization, other than local governments pursuant to Article 30-4, (1) shall be paid by the dispatching agency, and the agency to which they are dispatched may compensate for actual expenses incurred by them, by applying mutatis mutandis Article 46: Provided, That the agency to which they are dispatched may, if especially necessary, pay remuneration to them in consultation with the dispatching agency, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
CHAPTER VI SERVICE
 Article 47 (Oath)
Each public official shall take an oath before the head of the agency to which he/she belongs, at the time of assuming office, as prescribed by Municipal Ordinances of a local government: Provided, That he/she may take oath after assuming office if circumstances mandate so.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 48 (Duty of Good Faith)
Each public official shall observe Acts and subordinate statutes and perform his/her duties faithfully.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 49 (Duty of Obedience)
Each public official shall obey any order of his/her superior official with respect to the performance of his/her duties: Provided, That submission of opinions thereto will be permitted.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 50 (Prohibition of Absence without Leave)
(1) No public official shall be absent without the permission of his/her superior official or any justifiable reason.
(2) If a criminal investigation agency intends to arrest a public official, it shall first inform the head of the agency to which the public official belongs of such intention: Provided, That this shall not apply to cases where a public official is caught in the act.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 51 (Duty of Kindness and Impartiality)
Each public official shall serve kindly and impartially as a servant of all citizens.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 51-2 (Duty of Religious Neutrality)
(1) No public official shall discriminate on the basis of religion in the performance of his/her duties.
(2) Where a superior public official issues an official order, in violation of paragraph (1), a public official may choose not to follow such order.
[This Article Newly Inserted by Act No. 9420, Feb. 6, 2009]
 Article 52 (Duty of Confidentiality)
Each public official shall keep confidential information which he/she has learned while performing his/her duties.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 53 (Duty of Integrity)
(1) No public official may 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 officer, or receive any donation from his/her subordinates, whether or not such donation is related to/her his duties.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 54 (Receipt of Honor, etc. from Foreign Government)
When a public official is to receive any honor or donation from a foreign government, he shall obtain the permission of the President.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 55 (Duty to Maintain Dignity)
No public official shall perform any act detrimental to his/her dignity.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 56 (Prohibition of Involvement in Other Business)
(1) No public official shall engage in any business for profit, other than public service, or hold another office, without the permission of the head of the agency to which he/she belongs.
(2) The scope of for-profit business referred to in paragraph (1) above shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 57 (Prohibition of Political Campaigns)
(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 perform any of the following act to support or oppose a specific political party or person in an election:
1. Soliciting any person to cast or not to cast a vote;
2. Planning, leading or encouraging a campaign for collecting signatures;
3. Displaying, or causing another person to display, documents or paintings 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 other political organization.
(3) No public official shall request other public officials to perform any act, in violation of paragraphs (1) and (2), or promise them any advantage or disadvantage as a reward or retaliation for a political act.
(4) The limit of prohibition of political activities of public officials, other than the matters as referred to in paragraphs (1) through (3) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 10700, May 23, 2011>
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 58 (Prohibition of Collective Action)
(1) No public official shall do any collective action for any labor campaign, or activities, other than public services, except for those who are actually engaged in labor.
(2) The scope of public officials actually engaged in labor, referred to in the proviso to paragraph (1) above, shall be prescribed by Municipal Ordinances.
(3) If a public official who is actually engaged in labor under the proviso to paragraph (1) above and is a member of a labor union intends to work exclusively for the union, he/she shall obtain the permission of the head of a local government that he/she belongs to.
(4) Any condition may be attached to the permission referred to in paragraph (3) as deemed necessary.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 59 (Delegation Provisions)
Necessary matters concerning the service of public officials shall be prescribed by Presidential Decree or Municipal Ordinances of the relevant local government, except as otherwise provided for in this Act.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
CHAPTER VII GUARANTEE OF STATUS
 Article 60 (Principle of Guarantee of Status)
No public official shall be laid off, demoted, or dismissed in opposition to his/her intention unless a sentence or disciplinary action is imposed or he/she falls under any of the grounds prescribed by this Act: Provided, That this shall not apply to public officials of Grade I.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 61 (Ipso Facto Retirement)
Where a public official falls under either of the following cases, he/she shall retire ipso facto: <Amended by Act No. 13292, May 18, 2015; Act No. 13634, Dec. 29, 2015>
1. Where a public official falls under any subparagraph of Article 31: Provided, That subparagraph 2 of Article 31 shall apply only where a person declared bankrupt fails to file an application for immunity within an application deadline or receives a final decision not to grant immunity or the revocation of immunity under the Debtor Rehabilitation and Bankruptcy Act; and subparagraph 5 of Article 31 shall apply only where a person commits a crime provided for in Articles 129 through 132 or Article 303 of the Criminal Act, Article 10 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, or Article 355 or 356 of the Criminal Act in relation to his/her duties and receives the suspension of sentence of imprisonment without labor or a heavier punishment;
2. Where the service period of a public official with a fixed term of office is completed.
[This Article Wholly Amended by Act No. 11531, Dec. 11, 2012]
 Article 62 (Ex Officio Dismissal)
(1) If a public official falls under any of the following subparagraphs, the appointing authority may dismiss him/her ex officio: <Amended by Act No. 11531, Dec. 11, 2012; Act No. 14183, May 29, 2016>
1. When his/her position is abolished or when the number of personnel in active service exceeds the prescribed number due to any of the followings:
(a) Abolition, establishment, division or merger of local governments;
(b) Reorganization or abolition of any office or position and the fixed number of positions;
(c) Reduction of budgets;
2. When he/she fails to return to his/her duties, or is unable to carry out his/her duties, even after a leave of absence period expires, or a ground for leave of absence disappears;
3. When a person who has failed, three or more times, to pass an examination for changing his/her position, is deemed to lack the ability to carry out his/her duties;
4. When a person who received an order of a physical examination for military service, an enlistment, or a muster, evades it without any justifiable ground, or when a person who is in leave of absence for military service deserts his/her duties of such military service;
5. When it is deemed difficult to expect that a person under a waiting order pursuant to Article 65-3 (3) will improve his/her ability or service record during such period;
6. When a person becomes unable to carry out his/her duties because his/her certificate of qualification required for carrying out his/her duties in the relevant class or position becomes invalid or because his/her license is cancelled.
(2) When the appointing authority dismisses a person under paragraph (1) above, he/she shall hear the opinion of the competent personnel committee in advance: Provided, That in cases of dismissal under paragraph (1) 5, he/she shall obtain consent from the personnel committee and from the personnel committee of a City/Do in cases of public officials of Grade V or a higher level of a Si/Gun/Gu.
(3) If the appointing authority dismisses a subordinate public official under paragraph (1) 1, he/she shall establish the standards for dismissal in consideration of appointment forms, actual results of affairs, competence to perform duties, facts of disciplinary punishment, etc.
(4) The establishment of standards for dismissal under paragraph (3) or determination of public officials to be dismissed under paragraph (1) 1, shall undergo a prior decision of a relevant personnel committee.
(5) The day of ex officio dismissal under paragraph (1) 2 shall be the date on which the leave of absence period expires or the date on which the grounds for leave of absence period is appear.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 63 (Leave of Absence)
(1) If a public official falls under any of the following subparagraphs, the appointing authority shall order him/her to take leave of absence notwithstanding his/her intention:
1. When he/she is in need of long-term medical care due to any physical or mental disability;
2. When he/she is enlisted or called up for military service under the Military Service Act;
3. When it is not clear whether he/she is alive, or as to his/her whereabouts, due to a natural disaster, terrestrial upheaval, war, emergency, or other reasons;
4. Where he/she takes exclusive charge of affairs of a labor union under Article 7 of the Act on the Establishment, Operation etc. of Public Officials' Labor Unions;
5. When he/she resigns from office in order to perform his/her duty as prescribed by any other Acts.
(2) If a public official desires to take a leave of absence for any of the following reasons, the appointing authority may order him/her to take a leave of absence: Provided, That, in cases falling under subparagraph 4, the appointing authority shall order him/her to take a leave of absence unless any special grounds prescribed by Presidential Decree exist: <Amended by Act No. 10700, May 23, 2011; Act No. 11690, Mar. 23, 2013; Act No. 11997, Aug. 6, 2013; Act No. 12844, Nov. 19, 2014; Act No. 13292, May 18, 2015; Act No. 13634, Dec. 29, 2015>
1. When he/she is temporarily employed by any international organization, foreign institution, domestic or foreign college, or research institution, State agency, or private firm prescribed by Presidential Decree or other institutions;
2. When he/she is going to study abroad;
3. When he/she is to receive training at a research or educational institution designated by the Minister of Education or the Minister of Government the Interior;
4. When it is required to raise a child who is eight years of age or younger or a child in the second or lower grade of elementary school, or when a female public official becomes pregnant or gives birth to a child;
5. When it is necessary to take care of his/her grandparents, parents (including parents of his/her spouse), spouse, child or grandchild, who requires long term medical care due to any accident, disease, etc.: Provided, That cases where he/she may take a leave of absence to attend on his/her grandparent or grandchild shall be limited to where he/she meets requirements prescribed by Presidential Decree, such as cases where there is no person who may attend on his/her grandparent or grandchild except the person himself/herself;
6. Where a public official accompanies his/her spouse who will serve, study or go on a training in a foreign country;
7. Where a public official who have held office for a period prescribed by Presidential Decree is going to perform research tasks relating to his/her duties or to engage in study, research, or the like for self-development.
(3) Paragraphs (1) and (2) limited to paragraphs (1) 1 and 2 and (2) 4 shall apply to public officials with a fixed term of office. In such cases, paragraph (2) 4 shall be limited to cases where the remaining period of service from the first date a public official intends to take a leave of absence is at least six months. <Newly Inserted by Act No. 11531, Dec. 11, 2012>
(4) No appointing authority shall treat any public official in a disadvantageous manner on the grounds of a leave of absence from his/her office taken in accordance with paragraph (2) 4.
(5) Matters necessary for the operation of the leave of absence system under paragraphs (1) through (4) shall be prescribed by Presidential Decree. <Amended by Act No. 11531, Dec. 11, 2012>
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 64 (Period of Leave of Absence)
The period of a leave of absence shall be as follows: <Amended by Act No. 10700, May 23, 2011; Act No. 11997, Aug. 6, 2013; Act No. 13292, May 18, 2015; Act No. 13634, Dec. 29, 2015>
1. The period of leave under Article 63 (1) 1 shall not exceed one year and may be extended by up to one year under extenuating circumstances: Provided, That the period of leave due to any of the following diseases or injuries shall not exceed three years:
(a) A disease or injury for which medical care expenses incurred in the course of performing official duties are to be reimbursed pursuant to Article 35 (1) of the Public Officials Pension Act;
(b) A disease or injury for which medical care benefits are to be provided pursuant to Article 40 of the Industrial Accident Compensation Insurance Act;
2. The period of leave under Article 63 (1) 2 and 5 shall be until his/her military service period expires;
3. The period of leave under Article 63 (1) 3 shall not exceed three months;
4. The period of leave under Article 63 (1) 4 shall be a period during which he/she is in full service;
5. The period of leave under Article 63 (2) 1 shall be a period of his/her employment: Provided, That if the relevant public official is employed by any private firm or institution, the period of leave of absence shall not exceed three years;
6. The period of leave under Article 63 (2) 2 and 6 shall not exceed three years, but it may be extended by up to two years if it is inevitable;
7. The period of leave under Article 63 (2) 3 shall not exceed two years;
8. The period of leave under Article 63 (2) 4 shall not exceed three years for one child;
9. The period of leave under Article 63 (2) 5 shall not exceed one year and may not exceed three years in total during the period of service;
10. The period of leave under Article 63 (2) 7 shall not last longer than a year.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 65 (Effect of Leave of Absence)
(1) Any public official in a leave of absence shall retain his/her status, but may not be engaged in his/her duties.
(2) If a ground of a leave of absence disappears during a period of leave, the public official concerned shall report to the appointing authority within thirty days on such fact, and the appointing authority shall issue, without delay, an order of return to the office.
(3) If a public official whose period of leave expires reports his/her return within thirty days, he/she shall be reinstated ipso facto.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 65-2 (Leave of Absence of Public Officials in Non-Career Service)
(1) Article 63 (1) 2, (2) 4, and (4), subparagraphs 2 and 8 of Article 64, and Article 65 shall apply mutatis mutandis to public officials in political service.
(2) Article 63 (1) 1 through 3, (2) 4 and 5, (4), subparagraphs 1 through 3, 8 and 9 of Article 64, and Article 65 shall apply mutatis mutandis to public officials in special services.
(3) Deleted. <by Act No. 11531, Dec. 11, 2012>
(4) Where there exist any particular provisions in other Acts with respect to a leave of absence of public officials in non-career service, such provisions shall apply to temporary retirement.
[This Article Wholly Amended by Act No. 10700, May 23, 2011]
 Article 65-3 (Release from Position)
(1) The appointing authority may not assign a position to any of the following persons: <Amended by Act No. 10147, Mar. 22, 2010; Act No. 13292, May 18, 2015>
1. A person who lacks the ability to perform his/her duties, or whose service record is extremely poor;
2. A person against whom a request for a resolution to take disciplinary action, such as removal, dismissal, demotion, or suspension of duty, is made;
3. A person prosecuted for a criminal case (excluding those against whom a summary order is requested);
4. A person undergoing inspection or investigation by the Board of Audit and Inspection, the Prosecution, the police or any other investigative agency on a charge of malfeasance related to money or goods, a sex offense or other malfeasance prescribed by Presidential Decree, which is so serious that it is extremely impracticable to expect him/her to perform his/her duties normally.
(2) Where a public official is denied assignment of position under paragraph (1) and then the relevant ground is extinguished, the appointing authority shall immediately assign such position.
(3) Where a public official is denied assignment of position under paragraph (1) 1, the appointing authority shall hear, in advance, the opinion of the relevant personnel committee and issue a waiting order to the person discharged from his/her position, for a period not exceeding three months.
(4) With respect to a person who received a waiting order under paragraph (3), the appointing authority shall take necessary measures, such as education and training, assigning a special research project, etc. to reinstate his/her ability or to improve the service record of the official concerned.
(5) If a ground for discharge from position referred to in paragraph (1) 1 coincides with that referred to in paragraph (1) 2 through 4 with respect to a public official, the disposition of release from position based upon subparagraph 2 through 4 of the same paragraph shall be taken. <Amended by Act No. 13292, May 18, 2015>
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 65-4 (Demotion)
(1) If the number of personnel in active service exceeds the prescribed number of personnel because positions are abolished or downgraded to a lower position due to an alteration of the organization or fixed number of employees, or reduction of the budget, etc., or if the person concerned consents to it, the appointing authority may demote any public official under his/her control. <Amended by Act No. 10147, Mar. 22, 2010>
(2) Notwithstanding Articles 38, 39, and 39-2, any public official who is demoted under paragraph (1) shall be appointed with priority when a vacancy occurs in a higher class: Provided, That a public official who is demoted with his/her consent may be appointed with priority in consideration of his/her career, condition of human resources in the agency concerned, etc.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 66 (Retirement Age)
(1) The retirement age of public officials shall be 60 years of age, unless provided otherwise by other Acts.
(2) In applying the retirement age under paragraph (1), if the date on which any public official reaches the upper age limit falls between January and June, he/she shall be retired ipso facto from office on the 30th day of June, and, if between July and December, on the 31st day of December, respectively.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 66-2 (Early Voluntary Retirement, etc.)
(1) If a person who has served as a public official continuously for at least 20 years, retires voluntarily from office (including cases prescribed by Presidential Decree, cases where a public official in career service who is not a public official with a fixed term of office was appointed as a public official with a fixed term of office and is retired as such public official) before he/she reaches the upper age limit, a voluntary early retirement allowance may be paid to him/her within budgetary limits. <Amended by Act No. 11531, Dec. 11, 2012>
(2) If the position of any public official is abolished or the number of personnel in active service exceeds the prescribed number due to any of the following reasons, an allowance may, within budgetary limits, be paid to a person who has served as a public official continuously for less than twenty years and who retires voluntarily from office before he/she reaches the upper age limit:
1. Abolition, establishment, division or merger of local governments;
2. Reorganization or abolition of any office or position and the fixed number of positions;
3. Reduction of budgets.
(3) If any person who is paid an early voluntary retirement allowance under paragraph (1) falls under any of the following, the head of a local government who paid such early voluntary retirement allowance shall withdraw the early voluntary retirement allowance: Provided, That where the person who is paid the early voluntary retirement allowance falls under subparagraph 2 and is reappointed as a local public official, the head of a local government who reappoints him/her shall withdraw the early voluntary retirement allowance: <Amended by Act No. 11531, Dec. 11, 2012>
1. Where he/she has been punished by imprisonment without prison labor or heavier punishment on grounds that arose while he/she was working as a public official;
1-2. Where he/she has received the suspension of sentence of imprisonment without labor or a heavier punishment because he/she committed a crime provided for in Articles 129 through 132 of the Criminal Act during his/her tenure of office;
1-3. Where he/she was sentenced to a fine of at least three million won and such punishment has been decided or he/she has received the suspension of sentence of imprisonment without labor or a heavier punishment because he/she committed a crime provided for in Article 355 or 356 of the Criminal Act in relation to his/her duties during his/her tenure of office;
2. Where he/she is reappointed as a public official in career service and other public official prescribed by Presidential Decree;
3. Where he/she has been paid a voluntary early retirement allowance in excess of the legally-fixed voluntary early retirement allowance or he/she, who is not entitled to the voluntary early retirement allowance, has been paid such voluntary early retirement allowance.
(4) Where a person who is required to return an early voluntary retirement allowance pursuant to paragraph (3) fails to return such allowance within a period, the head of a local government may collect such allowance in the same manner as delinquent local taxes are collected. <Newly Inserted by Act No. 11531, Dec. 11, 2012>
(5) The scope of persons to whom a voluntary early retirement allowance under paragraph (1) and an allowance under paragraph (2) are paid, the amount and procedures for payment thereof, and the amount of the voluntary early retirement allowance to be recovered and procedures for refunding the voluntary early retirement allowance, etc. under paragraph (3) shall be prescribed by Presidential Decree. <Amended by Act No. 11531, Dec. 11, 2012>
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
CHAPTER VIII GUARANTEE OF RIGHTS AND INTERESTS
 Article 67 (Delivery of Explanatory Note on Grounds for Action and Request for Examination)
(1) If disciplinary action, etc., a demotion, leave of absence, release from a position, or dismissal is taken against a public official, the appointing authority taking such action shall deliver an explanatory note stating the ground thereof: Provided, That in cases of demotion, leave of absence, or dismissal taken at the request of the person concerned, the same shall not apply. <Amended by Act No. 10147, Mar. 22, 2010>
(2) If a public official who has received an explanatory note on the ground of action prescribed in paragraph (1) above, is dissatisfied with such action, he/she may request examination thereof to the appeals commission within thirty days after he/she receives the explanatory note and, where an unfavorable action contrary to his/her intention, other than the action described in paragraph (1) above, is rendered against the public official, he/she may request its examination within thirty days of his/her knowledge of the action. In such cases, he/she may appoint a lawyer as his/her representative.
(3) If a removal or release from office is made in opposition of the intention of the person concerned, or if an action of dismissal from the office is made under Article 62 (1) 5, no order to supplement his/her successor shall be issued within forty days after such action is taken: Provided, That if there is an inevitable circumstance to supplement his/her successor for the personnel management (excluding a case where a provisional decision is made under paragraph (4)), the order to supplement his/her successor may be issued following a decision of the personnel committee concerned.
(4) If a request for examination under paragraph (2) above is made against a removal or release from office, or an action of dismissal from office under Article 62 (1) 5, the appeals commission may, within five days from the receipt of such request, make a provisional decision ordering not to supplement a successor until a final decision on the case is made.
(5) The appeals commission shall, if a provisional decision under paragraph (4) above was rendered, make the final decision within twenty days from the date of the provisional decision, and the appointing authority shall not supplement a successor until the final decision is made.
(6) Except where a provisional decision is made under paragraph (4), the appeals commission shall make the final decision within sixty days after it receives the request: Provided, That if deemed inevitable, the committee may, by resolution, extend the above period by up to thirty days.
(7) A public official shall not be subject to an unfavorable action or treatment by reason of his/her request under paragraph (2).
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 67-2 (Settlement of Grievance)
(1) A public official may request an opportunity to consult concerning working conditions, such as personnel affairs, organizational matters, compensation, etc., and other personal affairs and an opportunity of review of grievance thereabout, and the appointing authority shall not take any unfavorable action against or unfavorably treat a public official by reason of such request.
(2) The appointing authority shall, upon receiving a request for consultation or grievance review under paragraph (1) above, refer it to the appeals commission to examine it, or have a public official under his/her control consult on the grievance, and make efforts for a fair settlement thereof, to resolve the grievance, etc., according to the result of such consultation or review.
(3) The personnel committee shall, upon receiving a request for consultation or grievance review from the appointing authority, review it, without delay, and report or notify the results to the appointing authority.
(4) The appointing authority may, upon receipt of the results of consultation or grievance examination, notify the results of the examination to a public official who has made a request, and may make efforts to resolve the grievance by itself, or request a correction thereof to the head of the agency concerned, who shall, upon receiving the request, comply with it unless there are circumstances preventing him/her from doing so, and notify the results of settlement to the appointing authority: Provided, That if it is impossible to comply due to any inevitable circumstance, he/she shall notify the reason thereof.
(5) The procedure and other necessary matters for consultation or examination of grievance shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 67-3 (Settlement of Grievance of Public Official in Non-Career Service)
Except as otherwise provided for by other Acts, Article 67 (2) shall apply mutatis mutandis to public officials in non-career service as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 68 (Social Security)
(1) If a public official suffers from any disease, injury, disability, childbirth, retirement, death or accident, a proper benefit shall be given to him/her or his/her bereaved family, as prescribed by the Acts.
(2) For the purposes of properly and fairly protecting the welfare and interest of public officials, as prescribed by the Acts, the local government shall establish and execute measures therefor.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
CHAPTER IX DISCIPLINARY ACTION
 Article 69 (Ground of Disciplinary Action)
(1) If a public official falls under any of the following subparagraphs, a resolution on discipline shall be requested, and a disciplinary action shall be taken according to the result of such disciplinary resolution:
1. When he/she violates this Act, any order issued under this Act, or Municipal Ordinance or Municipal Rule of a local government;
2. When he/she fails to fulfill his/her duties (including duties imposed by other Acts and subordinate statutes on him/her due to his/her status as a public official), or where he/she neglects his/her duties;
3. When he/she commits an act detrimental to his/her reputation or dignity.
(2) If a public official (including a state public official) who was subject to other Acts with respect to the discipline is appointed as a local official governed by this Act with regard thereto, the grounds of discipline prescribed by other Acts, which occurred prior to such appointment, shall be deemed as the disciplinary grounds, as provided for by this Act from the date of occurrence of such ground: Provided, That the same shall not apply where a disciplinary action is already taken.
(3) If a public official in non-career service is appointed as one in career service, any disciplinary ground which occurred prior to appointment and as prescribed by Acts and subordinate statutes governing the discipline on those in non-career service, shall be deemed to have occurred under this Chapter from the date when such ground arises.
(4) If a public official in career service is appointed as one in non-career service, any disciplinary ground which occurred prior to appointment and as prescribed by Acts and subordinate statutes governing the discipline on those in career service, shall be considered to have occurred under Acts and subordinate statutes governing the discipline on those in non-career service from the date when such ground arises.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 69-2 (Disciplinary Surcharge)
(1) Where a resolution for disciplinary action against a public official is requested pursuant to Article 69, a resolution to impose disciplinary surcharges within five times the amount of money or financial benefits (meaning monetary terms, in cases of non-monetary benefits) received or provided by either of the following acts, in addition to the relevant disciplinary action, shall be requested of the personnel committee, if the ground for the disciplinary action falls under either of the following: <Amended by Act No. 13292, May 18, 2015>
1. Receiving or providing money, goods, real estate, entertainment or other property benefits prescribed by Presidential Decree;
2. Embezzling, misappropriating, stealing, deceiving, or misappropriating any of the following:
(a) A budget or funds prescribed in the National Finance Act;
(b) A budget prescribed in the Local Finance Act or a fund under the Framework Act on the Management of Local Government Funds;
(c) National funds defined in subparagraph 1 of Article 2 of the Management of the National Funds Act;
(d) A subsidy defined in subparagraph 1 of Article 2 of the Subsidy Management Act;
(e) State property defined in subparagraph 1 of Article 2 of the State Property Act or a commodity defined in Article 2 (1) of the Commodity Management Act;
(f) Public property and commodity defined in subparagraph 1 and 2 of Article 2 of the Public Property and Commodity Management Act;
(g) Other property determined by Presidential Decree as equivalent to those set forth in items (a) through (f).
(2) Where a person subject to the imposition of a disciplinary surcharge receives a criminal penalty or fulfills his/her liability to compensate, etc. (including forfeiture or additional collection) pursuant to other Acts or pays an amount of recovery or an additional charge in accordance with the procedure for recovery or for collection of additional charges under any other Act or subordinate statute, on grounds set forth in the subparagraphs of paragraph (1) before a resolution to impose a disciplinary surcharge is passed, the personnel committee shall pass the resolution on the imposition of the disciplinary surcharge within the extent adjusted, as prescribed by Presidential Decree. <Amended by Act No. 13292, May 18, 2015>
(3) Where a person subject to a imposition of a disciplinary surcharge receives a criminal penalty or fulfills his/her liability to compensate, etc. (including forfeiture or additional collection) or repays an amount recoverable or an additional charge after a resolution to impose a disciplinary surcharge is passed, the personnel committee shall take measures, such as granting a discount on, or an exemption from the disciplinary surcharge already decided, as prescribed by Presidential Decree. <Newly Inserted by Act No. 13292, May 18, 2015>
(4) Where a person subject to the imposition of a disciplinary surcharge under paragraph (1) fails to pay the surcharge within the payment deadline, the person having the authority to impose the surcharge may collect such surcharge in the same manner as delinquent local taxes are collected.
(5) The person having the authority to impose the surcharge may request the competent personnel committee to resolve on reduction in the amount of the disciplinary surcharge, if it is deemed impossible to collect the surcharge even after five years have elapsed from the date of delinquency of the surcharge despite his/her earnest effort in that regard. <Newly Inserted by Act No. 13634, Dec. 29, 2015>
[This Article Newly Inserted by Act No. 10147, Mar. 22, 2010]
 Article 69-3 (Repeat Request for Resolution on Discipline, etc.)
(1) Where the petition appeals commission or a court makes a decision or judgement of nullity or cancellation (including order of cancellation) of disciplinary action, etc. due to a ground falling under any of the following subparagraphs, a person having the authority to take action shall repeat the request for resolution on discipline: Provided, That he/she may choose not to request resolution on discipline, etc. in cases of a decision or judgment of nullity or cancellation (including order or cancellation) of action of pay cut or reprimand due to a ground falling under subparagraph 3: <Amended by Act No. 10147, Mar. 22, 2010>
1. Where a defect clearly exists in the application of Acts and subordinate statutes, in evidence, or in investigation of facts;
2. Where a defect clearly exists in the composition, or resolution on discipline, etc. or procedure, of the personnel committee;
3. Where a disciplinary decision or the amount of disciplinary surcharge is excessive.
(2) Where a person having the authority to take action requests resolution on discipline under paragraph (1), he/she shall make such request within three months after confirmation of the appeals commission's decision or court's judgment, and a competent personnel committee shall give priority to such resolution on discipline over other disciplinary cases. <Amended by Act No. 10147, Mar. 22, 2010>
[This Article Newly Inserted by Act No. 9301, Dec. 31, 2008]
 Article 69-4 (Confirmation, etc. of Grounds for Disciplinary Action against Public Official who Desires to Retire)
(1) If a public official desires to retire, the appointing authority shall confirm with the Board of Audit, Prosecutors’ Office, the police and any other investigation agency whether there exists a ground for disciplinary action against the public official under Article 69 (1).
(2) If there exists a ground for disciplinary action, especially dismissal, removal, demotion or suspension from office, according to the confirmation under paragraph (1), the appointing authority shall without delay ask for a resolution on discipline, etc.
(3) When asked for a resolution on discipline, etc. under paragraph (2), the competent personnel committee shall make a resolution on discipline, etc. in preference to other disciplinary action cases.
[This Article Newly Inserted by Act No. 13634, Dec. 29, 2015]
 Article 70 (Types of Disciplinary Action)
Disciplinary action shall be classified into removal, dismissal, demotion, suspension from office, reduction of pay and reprimand.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 71 (Effects of Disciplinary Action)
(1) Demotion shall be made to the next lower class (referring to a position of a researcher or technical advisor in cases of a senior researcher or a senior technical advisor), and a person subject to demotion may maintain his/her status of public official, but may not engage in his/her duties for three months, and his/her pay shall be reduced in total for such period: Provided, That demotion shall not apply to public officials whose ranks are not classified pursuant to Article 4 (2), public officials with a fixed term of office, and school teachers and assistant instructors referred to in Article 14 of the Higher Education Act. <Amended by Act No. 11531, Dec. 11, 2012; Act No. 12213, Jan. 7, 2014; Act No. 13634, Dec. 29, 2015>
(2) Notwithstanding paragraph (1), where an educational expert official under the management of the Superintendent of an Office of Education is demoted, he/she shall be assigned to a lower position within the duties of the same kind pursuant to Article 2 (10) of the Public Educational Officials Act, and he/she shall hold his/her status as a public official but be unable to perform his/her duties for three months, and his/her pay shall be reduced in total for such period. <Newly Inserted by Act No. 12213, Jan. 7, 2014; Act No. 13634, Dec. 29, 2015>
(3) The period of suspension from office shall be one to three months, and any person subject to a disposition of suspension from office shall hold his/her status as a public official during such period, but he/she shall be unable to perform his/her duties, and his/her pay shall be reduced in total. <Amended by Act No. 13634, Dec. 29, 2015>
(4) The reduction of pay shall reduce the remuneration by one-third during the period of one to three months.
(5) The reprimand shall admonish a person for his/her previous offense, and make him/her repent his/her offense.
(6) With respect to a public official that is subject to a disciplinary action, it may not be permitted to promote him/her, or to raise his/her remuneration, during the period prescribed by Presidential Decree, after such action is taken or after the execution thereof is complete: Provided, That with respect to a public official that has received a reward, etc. for meritorious service in carrying out his/her duties after he/she receives a disciplinary disposition, the restriction period of appointment by promotion or a salary increase may be shortened or exempted, as prescribed by Presidential Decree.
(7) If a public official to whom other Acts apply with respect to discipline, becomes one governed by this Act concerning discipline, any disciplinary action taken under other Acts shall be deemed taken under this Act from the date of the disciplinary action: Provided, That the effects of any disciplinary action, other than those prescribed in Article 70, shall be prescribed by Presidential Decree.
(8) If a public official in non-career service is appointed as one in career service, any disciplinary action taken against him/her pursuant to the Acts and subordinate statutes governing the discipline of those in non-career service, shall be deemed taken under this Act, from the date of the disciplinary action: Provided, That the effects of any disciplinary action, other than those provided for in Article 70, shall be prescribed by Presidential Decree.
(9) If a public official in career service is appointed as one in non-career service, any disciplinary action taken against him/her pursuant to the Acts and subordinate statutes governing the discipline of those in career service, shall be deemed taken under the Acts and subordinate statutes governing the discipline of those in non-career service, from the date when the disciplinary action is taken.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 72 (Procedures for Discipline, etc.)
(1) Any disciplinary action, etc. against public officials shall be made by the appointing authority following a decision of the personnel committee: Provided, That any disciplinary action, etc. against public officials of Grade V or higher or public officials of lower grades connected to the former and against those who are involved in a matter under the jurisdiction of different agencies (a City/Do and a Si/Gun/Gu, or a Si/Gun/Gu) shall be made by a decision of the personnel committee of the City/Do. <Amended by Act No. 10147, Mar. 22, 2010>
(2) If a resolution of the personnel committee is deemed light, the head of the agency which demanded resolution on discipline, etc., may request an examination or re-examination to the personnel committee established in the immediately superior agency (with respect to a decision of the personnel committees in the City/Do, the relevant personnel committee; and where two or more personnel committees are established in the City/Do, with respect to a decision of the first personnel committee, the relevant personnel committee, and with respect to a decision of the second personnel committee, the first personnel committee), before taking any action. In such cases, he/she may designate a subordinate public official as his/her representative. <Amended by Act No. 10147, Mar. 22, 2010>
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 73 (Management of Discipline)
(1) With respect to cases under investigation by the Board of Audit and Inspection or cases under investigation by each administrative agency, as prescribed by Presidential Decree, no disciplinary decision or procedure shall be requested or proceed with from the date of notification of the beginning of an investigation under paragraph (3). <Amended by Act No. 10147, Mar. 22, 2010>
(2) With respect to cases under investigation by the public prosecutor, police or other criminal investigation agency, no disciplinary decision shall be requested or proceeded from the date of notification of the beginning of an investigation under paragraph (3).
(3) When the Board of Audit and Inspection, public prosecutor, police, other criminal investigation agency, or administrative agencies under Article 1 begins and concludes an investigation, it shall inform it to the head of the agency to which the person concerned belongs, within ten days. <Amended by Act No. 10147, Mar. 22, 2010>
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 73-2 (Prescription of Grounds for Discipline and Disciplinary Surcharges)
(1) No request for resolution on discipline, etc. shall be made at the expiration of three years (five years in cases falling under any subparagraph of Article 69-2 (1)) from the date when grounds for discipline, etc. arise. <Amended by Act No. 10147, Mar. 22, 2010; Act No. 11396, Mar. 21, 2012; Act No. 13292, May 18, 2015>
(2) If a period under paragraph (1) expires or the remaining period thereof is less than one month because it was impossible to proceed with the disciplinary procedure under Article 73 (1) and (2), the period under paragraph (1) shall be deemed terminated at the expiration of one month from the date (where a person files any objection against investigation results, referring to a date such person receives notification of a decision regarding his/her objection) of notice of the closure of an investigation under Article 73 (3). <Amended by Act No. 10147, Mar. 22, 2010>
(3) If the appeals commission or court has made a decision or judgment to nullify or cancel a disciplinary action, etc., for reasons of composition of the personnel committee, resolutions on discipline, etc., any defect in procedures, disciplinary decision, or excess of disciplinary decision, it may be permitted to demand a new resolution on a decision within three months after such decision or judgment becomes definite, even if the period under paragraph (1) expires or the remaining period thereof is less than three months. <Amended by Act No. 10147, Mar. 22, 2010>
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 73-3 (Discipline against Public Officials in Non-Career Service)
Except as otherwise provided for by other Acts, this Chapter may also apply mutatis mutandis to public officials in non-career service, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
CHAPTER X EFFICIENCY
 Article 74 (Training)
(1) In order to cultivate the knowledge, techniques and capability of applicants in relation with their duties, all public officials and probationary officials shall undergo training, as prescribed by Acts and subordinate statutes.
(2) The Minister of Education or the Minister of the Interior shall establish a comprehensive plan on such training and provide coordination and supervision thereof. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
(3) The head of a local government and a public official holding a position of an inspector are responsible for continuously training subordinate officials through day-to-day work.
(4) The results of training shall be reflected in the personnel management.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 75 (Training Institution)
The Ministry of Education, the Ministry of the Interior may have training institutions for public officials. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 76 (Rating of Service Records)
(1) A person having the appointing authority shall, objectively and strictly, rate the service records of public officials under his/her control regularly or at any time, and shall reflect the rating on the personnel management.
(2) Any person graded as excellent in service records, as a result of a service record rating referred to in paragraph (1) above, may receive a bonus or a special raise in salary.
(3) Matters concerning service record rating referred to in paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 77 (Matters to be Implemented for Promotion of Efficiency)
(1) The head of each local government shall formulate standards for the health, recreation, safety, welfare, and other necessary matters for public officials for the purpose of improving their service efficiency and shall implement such standards.
(2) In order for public officials with disabilities to perform their duties smoothly, the head of each local government may provide necessary support, such as placing work assistants (referring to persons who assist public officials with disabilities to perform their duties) and providing assistive technology devices or equipment. <Newly Inserted by Act No. 13292, May 18, 2015>
(3) The head of each local government may designate a specialized institution assigned to perform some of the affairs under paragraph (2), as prescribed by municipal ordinances, and may fully or partially subsidize all or some expenses incurred in performing its supporting affairs. <Newly Inserted by Act No. 13292, May 18, 2015>
(4) Details, methods, procedures, etc. of support under paragraph (2) and matters necessary for entrustment under paragraph (3) shall be prescribed by municipal ordinances. <Newly Inserted by Act No. 13292, May 18, 2015>
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 78 (Proposal System)
(1) For the purposes of developing and adopting any creative opinion or device of public officials to promote the efficiency and economy in the operation of administration, the proposal system shall be established.
(2) Any person who has contributed remarkably to the development of the operation of administration by saving the national or local budget through the adoption and implementation of his/her proposal, may receive a bonus, and may be entitled to a special promotion or special raise in salary.
(3) Matters necessary for bonus, special promotion, or special raise in salary referred to in paragraph (2) above shall be prescribed by Presidential Decree and the operation of the proposal system shall be prescribed by Municipal Rules.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 79 (Reward and Decoration)
Any public official who has diligently performed his/her duties or has remarkably contributed to the society shall be given a citation by the head of a local government, as prescribed by Municipal Ordinance.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
CHAPTER XI SUPPLEMENTARY PROVISIONS
 Article 80 (Personnel Exchanges with State Public Officials)
(1) A public official appointed under this Act may be appointed to a corresponding position of a state public official.
(2) If a public official is appointed as a state public official under paragraph (1), he/she shall take a career-competitive examination for appointment under the State Public Officials Act: Provided, That public officials of Grade V or higher who passed the examinations of appointment and promotion under Article 32 (3) shall be exempted from such examination. <Amended by Act No. 10700, May 23, 2011>
(3) In calculating the period of service for a public official appointed as a state public official, the period of service as a local public official shall be deemed the period of service as a state public official.
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 81 (Guidance and Supervision over Personnel Affairs Administration by Local Governments)
The Minister of Education or the Minister of the Interior shall guide and supervise the personnel affairs of the City/Do so that the City/Do administers its personnel affairs in accordance with this Act, and the Mayor and Do Governor shall guide and supervise the personnel affairs of a Si/Gu/Gun in areas under his/her jurisdiction so that the Si/Gu/Gun administers its personnel affairs in accordance with this Act. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
 Article 81-2 (Fees)
(1) Each person who intends to apply for an examination for initial appointment of public officials pursuant to Article 27 shall pay fees, as prescribed by Presidential Decree. In such cases, the amount of the fees shall be determined within the limits of actual expenses.
(2) In cases prescribed by Presidential Decree, such as where fees are erroneously or over paid, the fees paid may be returned.
(3) Notwithstanding paragraph (1), the head of an examination implementing agency may discount on or exempt from fees for persons prescribed by Presidential Decree, such as recipients, etc. under the National Basic Living Security Act.
[This Article Newly Inserted by Act No. 13292, May 18, 2015]
CHAPTER XII PENALTY PROVISIONS
 Article 82 (Crime of Political Movement)
(1) A person that violates Article 57 shall be punished by imprisonment with labor for not more than three years and suspension of qualification for not more than three years.
(2) The period of prescription of a public prosecution for the crime referred to in paragraph (1) shall be ten years, notwithstanding Article 249 (1) of the Criminal Procedure Act.
[This Article Newly Inserted by Act No. 12235, Jan. 14, 2014]
 Article 83 (Penalty Provisions)
Except as otherwise provided for by other Acts, any person that violates Article 42, 43 or 58 shall be punished by imprisonment with labor for not more than one year or a fine not exceeding ten million won. <Amended by Act No. 10147, Mar. 22, 2010; Act No. 12235, Jan. 14, 2014; Act No. 12800, Oct. 15, 2014>
[This Article Wholly Amended by Act No. 9301, Dec. 31, 2008]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the 30th day following the date of its promulgation.
Article 2 (Public Officials at Time of Enforcement of this Act)
Public officials at the time this Act enters into force shall be deemed to have been appointed under this Act.
Article 3 (Transitional Measures)
Any special transitional measures as to the application of this Act to public officials working at the time this Act enters into force shall be determined by the Cabinet Order.
Article 4 (Idem)
Any case pending at the examination committee the Decree on the Local Public Officials at the time this Act enters into force shall be governed by the previous provisions.
Article 5 (Idem)
Any person subject to the Act on the Appointment of those under Military Relief, if deemed unfairly treated in various examinations for employment between March 1, 1963 and this Act enters into force, or if such person is of the opinion that he/she was dismissed unreasonably from office due to a curtailment of the personnel, he/she may request a review thereof to the petition appeals commission, as prescribed by this Act within ten days after this Act enters into force.
ADDENDUM <Act No. 1550, Dec. 16, 1963>
This Act shall enter into force on the day on which the revised Constitution of the Republic of Korea, promulgated on December 26, 1962, enters into force.
ADDENDA <Act No. 1794, Apr. 30, 1966>
(1) (Enforcement Date) This Act shall enter into force on the 30th day following the date of its promulgation.
(2) (Transitional Measures) The effect of suspension from office or disciplinary confinement made when this Act enters into force, shall be governed by the previous provisions.
(3) (Idem) Cases under the examination of the petition appeals commission or the personnel committee when this Act enters into force shall be governed by the previous provisions.
(4) (Idem) With respect to a public official conditionally appointed by a fixed term of six or more months under the provision of Article 28 when this Act enters into force, the term of conditional appointment shall be considered to be completed at the enforcement date of this Act, and the term of conditional appointment exceeding the period of six months for the public official of Grade III shall be calculated into the term of probationary appointment.
ADDENDA <Act No. 1889, Feb. 28, 1967>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures) A special selection examination for public officials of Grade III or higher at the time this Act enters into force, shall be governed by the previous cases.
ADDENDUM <Act No. 2058, Dec. 23, 1968>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 2381, Dec. 26, 1972>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures) Until the Act under Article 3-2 is enacted, the matters to be governed by the Act shall be determined by the Presidential Decree, in accordance with the provisions of this Act and the Police Officers Act.
ADDENDA <Act No. 2594, Mar. 12, 1973>
Article 1 (Enforcement Date)
This Act shall enter into force on April 1, 1973.
Article 2 (Special Case concerning Career)
Any person for whom the special exception to the provisions of Article 27 (2) 3 is recognized pursuant to the previous Acts and subordinate statutes at the time this Act enters into force, shall be governed by the previous Acts and subordinate statutes.
Article 3 (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 deemed as a probationary appointment under this Act, and the term thereof shall be six months.
Article 4 (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: Provided, That if 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 if he/she becomes a probationary public official under paragraph (1) above.
Article 5 (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 apply.
Article 6 (Appointment of Employees in Miscellaneous Services)
A person in miscellaneous services undertaking a special selection examination conducted by an agency in charge at the time this Act enters into force, shall not be subject to the provisions of Article 41-2 (2) of this Act.
Article 7 (Permission for Public Official in Exclusive Charge of Labor Union)
Any public official who serves exclusively for the labor union affairs at the time this Act enters into force, shall obtain the permission of the head of local government of his affiliation under Article 58 (3) of this Act, within one month of the date this Act enters into force.
Article 8 (Public Official under Release from Position)
Any person who has been released from position under Article 65-2 (1) 1 and 4 at the time this Act enters into force, shall be subject to the previous provisions, but if he/she has no position assigned even on six months following the date this Act enters into force, he/she shall retire ipso facto from office at the expiration of six months.
ADDENDUM <Act No. 2892, Apr. 1, 1976>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 3152, Dec. 6, 1978>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1979.
Article 2 (Transitional Measures concerning Public Officials of Grades IV and V and those in Technical Skilled Service, under Probationary Appointment)
Public officials of Grades IV and V and those in technical skilled service, under a probationary appointment at the date 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 3 (Transitional Measures concerning Prescribed Number of Public Officials in Long-Term Educational Training)
With respect to the public officials in long-term educational training, the provisions of Article 41 (2) shall not apply.
Article 4 (Transitional Measures concerning Appointment Candidates List)
The validity term of an appointment candidates list existing at the time this Act enters into force, shall be governed by this Act.
ADDENDA <Act No. 3448, Apr. 20, 1981>
Article 1 (Enforcement Date)
This Act shall enter into force on the 40th day following the date of its promulgation: Provided, That the provisions of Article 2 (3) 3 shall enter into force on the sixth month after the following the date of promulgation of this Act.
Article 2 (Transitional Measures concerning Classification, etc. of Grades of Public Officials in General Government Service)
(1) Public officials of Classes I through V-B in general government service working in the Classes in the left column of the following Table at the date this Act enters into force, shall be deemed 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 in technical skilled service at the time this Act enters into force shall be deemed to have been appointed as those prescribed by this Act at the date this Act enters into force.
Class I Grade I
Class II A Grade II
Class II B Grade III
Class III A Grade IV
Class III B Grade V
Class IV A Grade VI
Class IV B Grade VII
Class V A Grade VIII
Class V B Grade IX
(2) A candidate for public official who has passed an examination for appointment in the Grade set forth in the left column in the Table referred to in paragraph (1) above at the date this Act enters into force, shall be deemed to have passed an examination for appointment in the Grade set forth in the right column corresponding to the Class in the left column under this Act.
Article 3 (Transitional Measures concerning Classification, etc. of Public Officials in Special Service)
(1) Public officials in special service equivalent to Classes Ⅰ through V-B in general government service, who are in service at the time this Act enters into force, shall be deemed to have been appointed as those in special service equivalent to the grades corresponding to those in the Table provided in Article 2 (1) of the Addenda at the time this Act enters into force.
(2) Public officials in simple labor service, who are in service at the time this Act enters into force, shall be considered to have been appointed as public officials in miscellaneous services under this Act at the time this Act enters into force.
Article 4 (Transitional Measures concerning Local Professional and Miscellaneous Labor Employees)
Any local professional employee in service at the time this Act enters into force, shall be deemed to have been appointed as a local professional public official at the date as provided for in the proviso to Article 1 of the Addenda of this Act, as prescribed by the Presidential Decree, and those in miscellaneous service may serve pursuant to the previous provisions up to December 31, 1981.
Article 5 (Transitional Measures concerning Public Officials under Disciplinary Action and Release from Position)
A person under a disciplinary action, and a person released from position under the previous provisions of Article 65-2 (1) 1 or 4 at the time this Act enters into force shall be governed by the previous provisions.
Article 6 (Transitional Measures concerning Assignment, etc. to Position)
The assignment to a position in the Class in the left column of the table as provided in Article 2 (1) of the Addenda of this Act, or to a position equivalent to such Class, pursuant to Acts and subordinate statutes for organizations in local governments 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 those in the left column of the said table.
ADDENDA <Act No. 3585, Dec. 28, 1982>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Public Officials under Criminal Case Prosecution of Summary Order) The revised provisions of Article 65-2 (1) 3 shall also apply to a person against whom a summary order is requested for a crime at the date this Act enters into force.
(3) (Transitional Measures concerning Case of Discipline under Examination) Notwithstanding the provisions of Article 72 (3), any case of a discipline under an examination of the petition appeals commission at the date this Act enters into force shall be governed by the previous provisions.
ADDENDA <Act No. 3877, Dec. 31, 1986>
(1) (Enforcement Date) This Act shall enter into force on January 1, 1987.
(2) (Example of Application to Person Having Upper Age Limit Extended) The revised provisions of Article 66 (1) shall also apply to a person with the upper age limit extended pursuant to the previous provisions before this Act enters into force.
ADDENDA <Act No. 4268, Dec. 27, 1990>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso is Omitted)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 4370, May 31, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Members of Petition appeals commission)
Members of the petition appeals commission as at the date this Act enters into force shall be deemed to have been appointed or nominated by this Act.
Article 3 (Transitional Measures concerning Petition Case Pending)
Any case pending before the petition appeals commission as at the date this Act enters into force shall be governed by the previous provisions.
Article 4 (Transitional Measures concerning Selection Examination in Progress)
Any examination of appointment in progress as at the date this Act enters into force shall be governed by the previous provisions.
Article 5 (Transitional Measures concerning Demoted Public Officials)
Notwithstanding the revised provisions of the proviso to Article 65-3 (2), any public official demoted by his/her consent before this Act enters into force shall be governed by the previous provisions.
Article 6 (Transitional Measures concerning Extension of Upper Age Limit)
Notwithstanding the revised provisions of Article 66 (4), in extending the upper age limit of public officials of Grade Ⅵ or lower who are in service as at the date this Act enters into force, the upper age limit of those whose upper age limit is reached in 1991, may be extended by up to one year from the date of retirement by age limit, and that of those whose age limit is reached in 1992, by up to two years from the date of retirement by age limit, respectively.
Article 7 (Transitional Measures concerning Prescription of Disciplinary Cause)
Notwithstanding the revised provisions of Article 73-2 (1), any demand for disciplinary decision against a person based upon a ground which occurred before this Act enters into force, shall be governed by the previous provisions.
Article 8 (Transitional Measures concerning Change of Appointing Authority)
Any appointment or other actions made by or toward an appointing authority under the previous provisions as at the date this Act enters into force shall be deemed as an action made by or in relation to an appointing authority under the provisions of this Act corresponding to the previous provisions.
ADDENDUM <Act No. 4418, Dec. 14, 1991>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 4613, Dec. 27, 1993>
This Act shall enter into force on the thirtieth day following the date of its promulgation.
ADDENDA <Act No. 4797, Dec. 22, 1994>
(1) (Enforcement Date) This Act shall enter into force on January 1, 1995: Provided, That the revised provisions of Article 7 (2) shall enter into force on July 1, 1995, and the revised provisions of Articles 38, 39-2 and 39-3 shall enter into force on January 1, 1996.
(2) (Transitional Measures concerning Transfer of Jurisdiction of Petition Review against Public Officials of Grade V or Higher) Notwithstanding the revised provisions of Article 13, any petition case in progress against public officials of Grade V or higher in the petition appeals commission established by the State Public Officials Act at the date this Act enters into force, shall be governed by the previous provisions.
(3) (Transitional Measures concerning Public Official under Temporary Removal from Position) With respect to a person removed temporarily from position due to an indictment for a criminal case as at the date this Act enters into force, a review shall be made within one month after the revised provisions of the proviso of Article 65-2 (1) becomes effective, and if it is deemed unnecessary to continue the temporary removal from position, the position shall be given to him/her without delay.
ADDENDA <Act No. 4871, Jan. 5, 1995>
Article 1 (Enforcement Date)
This Act shall enter into force on April 1, 1995.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 5069, Dec. 29, 1995>
Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 1996.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 5207, Dec. 30, 1996>
(1) (Enforcement Date) This Act shall enter into force on January 1, 1997.
(2) through (4) Omitted.
ADDENDUM <Act No. 5426, Dec. 13, 1997>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 30-4 and 46-3 shall enter into force on January 1, 1998 and those of Article 14 shall enter into force on April 1, 1998.
ADDENDA <Act No. 5568, Sep. 19, 1998>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures according to Modification of Classification of Public Officials)
Public officials in professional service under the previous provisions of Article 2 (3) 3 as at the time this Act enters into force, shall be deemed to be public officials in contractual service under this Act.
Article 3 (Transitional Measures concerning Upper Age Limit)
(1) Among public officials in active service as at the time this Act enters into force, those who reach the upper age limit as referred to in the previous provisions of Article 66 (1), (2) and (5) on December 31, 1998 and on June 30, 1999, shall ipso facto retire from office on the equivalent date, and those who reach such retirement age on December 31, 1999 and on June 30, 2 000, shall ipso facto retire from office on June 30, 1999 and on September 30, 1999, respectively.
(2) The period during which the upper age limit of any public official in active service is extended under the previous provisions of Article 66 (4) and relevant Acts and subordinate statutes as at the time this Act enters into force, shall be terminated on December 31, 1998.
(3) If the upper age limit of a public official in general service and a public official in technical skilled service whose grades are separately classified under Article 4 (2) and (3) as at the time this Act enters into force is lower than that referred to in the amended provisions of Article 66 (1) 2 and 3, the upper age limit of such a public official shall not be modify higher.
Article 4 (Transitional Measures concerning Voluntary Early Retirement Allowance)
Notwithstanding the amended provisions of Article 66 (1), the upper age limit under the previous provisions of the same Article, shall apply to public officials to be paid voluntary early retirement allowances from among those who retire voluntarily prior to their prescribed age limit before June 30, 2000 and the amounts of such allowances to be paid to them.
Article 5 (Transitional Measures concerning Transfer of Jurisdiction over Decision on Disciplinary Punishment)
Notwithstanding the amended provisions of Article 72 (2), the previous provisions of the same Article shall apply to a case of any disciplinary punishment against public officials under the control of a Si/Gun/Gu which is accepted and dealt with by the personnel committee in a City/Do under the previous provisions of Article 72 (2) as at the time this Act enters into force.
Article 6 (Relation with Other Acts and Subordinate Statutes)
If public officials in professional service as prescribed in the Local Public Officials Act are cited in other Acts and subordinate statutes as at the time this Act enters into force, they shall be deemed to be public officials in contractual service.
ADDENDUM <Act No. 6088, Dec. 31, 1999>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 6322, Dec. 29, 2000>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation, but the amendments to Articles 7 (2) and 29-4 shall enter into force 6 months after the date of its promulgation.
(2) (Transitional Measures following Alteration in Disqualification of Commissioned Members) Members commissioned as members of personnel committees at the time this Act enters into force shall, notwithstanding the amendments to Article 7 (4), be regarded as commissioned under this Act until the expiry of their term of office.
ADDENDA <Act No. 6400, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 6786, Dec. 18, 2002>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amendments to Articles 3, 6-2, 25-2, 27 (3), 35 (1), 63 (2) 1 and (3), subparagraph 2 of Article 64, and Article 66-2 (3) and (4) shall enter into force on January 1, 2003.
(2) (Application Example concerning Refund of Voluntary Early Retirement Allowance) The refund of any voluntary early retirement allowance provided for in the amendments to Article 66-2 (3), in the case of subparagraphs 1 and 3 of the same paragraph, shall apply, starting with the portion of the voluntary early retirement allowance paid after January 1, 2003, and in the case of subparagraph 2 of the same paragraph, starting with any public official required to refund the voluntary early retirement allowance and prescribed by the Presidential Decree and reappointed after January 1, 2003.
ADDENDA <Act No. 7360, Jan. 27, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 7 (2) and (3) shall enter into force on the date on which six months lapse after the promulgation of this Act.
Article 2 (Transitional Measures concerning Qualifying Requirements for Commissioned Members)
Any member commissioned as a member of the personnel committee at the time at the time this Act enters into force shall be deemed commissioned under this Act until his/her term of office expires, notwithstanding the amended provisions of Article 7 (3).
Article 3 Omitted.
Article 4 (Relation with Other Acts and Subordinate Statutes)
If the previous provisions of Articles 65-2 and 65-3 are cited in other Acts and subordinate statutes at the time this Act enters into force, the provisions of Articles 65-3 and 65-4 shall be deemed to be cited.
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.
ADDENDA <Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7849, Feb. 21, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006. (Proviso Omitted.)
Articles 2 through 41 Omitted.
ADDENDA <Act No. 8396, Apr. 27, 2007>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 29-5 shall enter into force after the lapse of 6 months from the date of the promulgation and the amended provisions of Article 63 (2) 4 and subparagraph 7 of Article 64 shall enter into force on January 1, 2008.
(2) (Transitional Measure concerning Change in Term of Office of Members of Personnel Committee) The terms of office of persons commissioned as members of the personnel committee prior to the this Act enters into force shall be governed by the previous provisions.
ADDENDA <Act No. 8423, May 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 13 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9301, 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 Article 66 shall enter into force on January 1, 2009, the amended provisions of Article 45 (3) shall enter into force two months after the date of its promulgation, and the amended provisions of Articles 19 (4), 69-2, 70, 71 (1), and 73-2 (1) shall enter into force three months after the date of its promulgation.
Article 2 (Applicability concerning Decisions of Appeals Commission)
The amended provisions of Article 19 (1) shall apply beginning with the first case of petition received after this Act enters into force.
Article 3 (Applicability concerning Filling Vacancy due to Temporary Retirement)
The amended provisions of Article 41 (1) shall apply beginning with the first case of leave of absence after this Act enters into force and, in cases of a person in leave of absence at the time this Act enters into force, such provisions shall apply only to cases where the remaining period of leave of absence is six months or more.
Article 4 (Applicability concerning Additional Collection from Person who Received Remuneration by Illegal Means)
The amended provisions of Article 45 (3) shall apply beginning with the first case of a person who receives remuneration by fraud or other wrongful means after this Act enters into force.
Article 5 (Applicability concerning Change in Types of Discipline)
The amended provisions of Article 70 and 71 shall apply beginning with the first case of discipline after this Act enters into force.
Article 6 (Transitional Measures concerning Extension of Leave of Absence due to On-Duty Illness or Injury)
The amended provisions of subparagraph 1 of Article 64 shall also apply to public officials who temporarily retire due to on-duty illness or injury before this Act enters into force or who are in leave of absence at the time this Act enters into force.
Article 7 (Transitional Measures concerning Extension of Age Limit of Public Officials of Grade VI or Lower Grade in General Service )
Notwithstanding the amended provisions of Article 66 (1), the age limit of public officials of Grade VI or lower grades, researchers, technical advisors, and public officials in technical service shall be 58 years of age from 2009 to 2010, 59 years of age from 2011 to 2012, and 60 years of age from 2013: Provided, That the age limit of public officials in the functional category of guard service shall be 59 years of age from 2009 to 2012 and 60 years of age from 2013.
Article 8 (Transitional Measures concerning Provisional Decisions)
Provisional decisions made by the appeals commission under the previous provisions at the time this Act enters into force shall be deemed provisional decisions made under the amended provisions of Article 67 (4).
Article 9 (Transitional Measures concerning Extension of Prescriptive Period for Discipline)
Notwithstanding the amended provisions of Article 73-2 (1), the previous provisions shall apply to disciplinary grounds occurring before this Act enters into force.
ADDENDUM <Act No. 9420, Feb. 6, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10147, Mar. 22, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 (Applicability concerning Disqualification for Appointment and Ipso Facto Retirement)
The amended provisions of Articles 31 and 61 shall apply beginning with the first person to be punished for criminal activities he/she committed after this Act enters into force.
Articles 3 (Applicability concerning Disciplinary Surcharge)
The amended provision of Article 69-2 shall apply beginning with the first ground for discipline that arises after this Act enters into force.
ADDENDUM <Act No. 10343, Jun. 8, 2010>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 10700, 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), 25-2 (2), 41, 63 (2) 4, subparagraph 8 of Article 64, and 65-2 shall enter into force on the date of its promulgation, and the amended provisions of Article 4 (1) shall enter into force one year after the date of its promulgation.
Article 2 (Applicability concerning Persons Taking Child-Care Leave)
The amended provisions of the proviso to Article 41 (1) shall also apply to a person who is taking child-care leave as at the time the amended provisions of the proviso to Article 41 (1) enters into force pursuant to the proviso to Article 1 of the Addenda.
Article 3 (Transitional Measures concerning Public Officials in Position of Technical Grade Ⅹ)
Public officials of technical grade Ⅹ 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 appointed as public officials of technical grade Ⅸ on the enforcement date of the amended provisions of Article 4 (1) pursuant to the proviso to Article 1 of the Addenda.
Article 4 (Transitional Measures concerning Restriction of Fields of Appointment of Persons with Multiple Nationalities)
A person with multiple nationalities who has been appointed to the posts of and are serving in the fields where a person with multiple nationalities is prohibited from being appointed under the amended provisions of Article 25-2 (2) as at the time the amended provisions of Article 25-2 (2) enter into force pursuant to the proviso to Article 1 of the Addenda shall be reappointed to posts of the fields where a person with multiple nationalities is eligible for appointment within six months after the amended provisions of Article 25-2 (2) enters into force pursuant to the proviso to Article 1 of the Addenda or renounce his/her foreign nationalities.
Article 5 (Transitional Measures concerning Examinations in Process)
Any examination which is in process as at the time the amended provisions of Articles 27, 32 (4), 35 (1), and 80 (2) enter into force pursuant to the main sentence of Article 1 of the Addenda shall be governed by the former provisions.
Article 6 Omitted.
Article 7 (Relationship with other Acts and Subordinate Statutes)
If any former provisions of the Local Public Officials Act is cited in other Acts and subordinate statutes as at the time this Act enters into force, the corresponding provisions of this Act shall be deemed cited in lieu of the former provisions, if any corresponding provisions exist in this Act.
ADDENDA <Act No. 11396, Mar. 21, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 25-4 (2) and 73-2 (1) shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Extension of Prescription of Discipline)
Notwithstanding the amended provision of Article 73-2 (1), the former provision shall apply to a person to whom grounds for discipline have arisen before this Act enters into force.
Article 3 Omitted.
ADDENDA <Act No. 11531, Dec. 11, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Articles 66-2 (3) through (5) shall enter into force three months after the date of its promulgation and the amended provisions of Articles 2 (2) 1, 46 (3) and (4) and 71 (1) shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Persons Who Unlawfully Received Reimbursement for Actual Expenses, etc.)
Collection by adding the amount of money under the amended provisions of Article 46 (3) shall apply, beginning with the first person who receives reimbursement for actual expenses, etc. by deceit or other unlawful means after the said amended provisions enter into force.
Article 3 (Applicability to Withdrawal of Early Voluntary Retirement Allowance)
The withdrawal of an early voluntary retirement allowance under the amended provisions of Article 66-2 (3) 1-2 and 1-3 shall apply, beginning with the first person who receives the early voluntary retirement allowance after the said amended provisions enter into force.
Article 4 (Transitional Measures concerning Change of Classification of Public Officials)
(1) A public official in technical service who is in active service as at the time this Act enters into force shall be deemed appointed as a public official in general service on the date when this Act enters into force.
(2) A public official who is not governed by the amended provision of Article 2 (3) 2 after this Act enters into force among public officials in extraordinary civil service who are in active service as at the time this Act enters into force shall be deemed appointed as a public official in general service on the date when this Act enters into force. In such cases, matters concerning the functional group, functional category, rank, class, type of service, personnel management, etc. to which he/she is appointed shall be prescribed by Presidential Decree.
(3) Public officials employed in order to assist or aid public officials in political service, such as secretaries and assistant secretaries, from among public officials in contractual service who are in active service as at the time this Act enters into force shall be deemed appointed as public officials in extraordinary civil service on the date when this Act enters into force, and other public officials in contractual service shall be deemed appointed as public officials with a fixed term of office among public officials in general service on the date when this Act enters into force pursuant to the provisons related to personnel affairs, such as the functional groups, functional category, ranks and classes to which they are to be appointed, prescribed by Presidential Decree. In such cases, the period of service as a public official with a fixed term of office shall be the remaining period of the period for which he/she contracted as at the time he/she was employed as a public official in contractual service, and remuneration during the relevant period shall be governed by a contract concluded as at the time he/she was employed.
Article 5 (Transitional Measures concerning Examinations in Process)
(1) Persons who have passed an appointment examination for public officials in technical service, an employment examination for public officials in contractual service excluding secretaries and assistant secretaries, and an appointment examination for public officials in extraordinary civil service falling under the forepart of Article 4 (2) of Addenda, which are in process as at the time this Act enters into force, shall be deemed persons who have passed an appointment examination for public officials in general service, respectively.
(2) A person who passed an examination under paragraph (1) before this Act enters into force but has not been appointed yet as at the time this Act enters into force shall be deemed to have passed an appointment examination for public officials in general service. In such cases, the latter part of Article 4 (1) of Addenda shall apply to matters related to appointment.
Article 6 Omitted.
Article 7 (Relationship with other Acts and Subordinate Statutes)
Where any former provisions of the Local Public Officials Act have been cited by other Acts and subordinate statutes as at the time this Act enters into force, if provisions corresponding thereto exist in this Act, the relevant provisions of this Act shall be deemed cited in lieu of the former provisions.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11997, 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 provision of subparagraph 1 of Article 31 and Article 3 of 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 the main sentence of subparagraph 1 of Article 64 shall also apply to public officials who have temporarily retired from office pursuant to Article 63 (1) 1 as at the time this Act enters into force.
Article 3 (Transitional Measures concerning Incompetents, etc.)
Notwithstanding the amended provisions of subparagraph 1 of Article 31, the former provisions shall apply to a person who was already declared incompetent or quasi-incompetent as at the time the said amended provisions enter into force and for whom the declaration of an incompetent or quasi-incompetent remains effective pursuant to Article 2 of Addenda of the partly amended Civil Act, Act No. 10429.
ADDENDA <Act No. 12213, Jan. 7, 2014>
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 71 shall enter into force on the date of its promulgation.
Article 2 (Applicability to Exclusion, Challenge or Refrainment of Members of Personnel Committee)
The amended provisions of Article 10-2 shall apply, starting from the first meeting of the personnel committee to be convened after this Act enters into force.
Article 3 (Applicability to Separate Sentence of Punishment of Fine)
The amended provisions of Article 31-2 shall apply, starting from the first person to be punished for a Criminal Act that he/she commits after this Act enters into force.
ADDENDUM <Act No. 12235, Jan. 14, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 12800, Oct. 15, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended portions of any Act which is revised pursuant to Article 6 of the Addenda and promulgated before this Act enters into force, but the enforcement date of which has yet to come, shall enter into force on the date such Act enters into force.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13292, May 18, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 3 (1), 4 (2) 2, 25-4, 27 (2) 10, the proviso to subparagraph 1 of Article 61, 63 (2) 4 and subparagraph 8 of Article 64 shall enter into force on the date of its promulgation.
Article 2 (Applicability to Awarding Additional Points in Examination for Initial Appointment)
The amended provisions of Article 34-2 shall apply from the first examination for initial appointment publicly announced after this Act enters into force.
Article 3 (Applicability to Ipso Facto Retirement of Persons Declared Bankrupt)
The amended provisions of subparagraph 1 of Article 61 shall apply from the first person to be declared bankrupt after this Act enters into force.
Article 4 (Applicability to Leave of Absence due to Disease related to Performance of Official Duties and Child-Care Leave)
(1) The amended provisions of subparagraph 1 of Article 64 shall also apply to persons in leave of absence at the time this Act enters into force.
(2) The amended provisions of subparagraph 8 of Article 64 shall also apply to persons who retired temporarily before this Act enters into force or who are in leave of absence at the time this Act enters into force.
Article 5 (Applicability to Persons subject to Release from Position)
The amended provisions of Article 65-3 (1) 4 shall apply from a person who
is under inspection or investigation by the Board of Audit and Inspection, the Prosecution, the police or any other investigative agency in relation to malfeasance first committed after this Act enters into force.
Article 6 (Applicability to Extended Application of Disciplinary Surcharges)
The amended provisions of Article 69-2 (1) shall apply where any ground for disciplinary actions first arises after this Act enters into force.
Article 7 (Transitional Measures concerning Persons in Probationary Service)
A person who serves on probation pursuant to the former provisions of Article 25-4 as of the enforcement date prescribed in the proviso to Article 1 of the Addenda shall be construed as a person who serves on probation pursuant to the amended provisions of Article 25-4.
Article 8 (Transitional Measures concerning Prescription)
Notwithstanding the amended provisions of Article 73-2 (1), the former provisions shall apply to persons against whom the grounds for disciplinary actions or disciplinary surcharges have arisen before this Act enters into force.
ADDENDA <Act No. 13634, Dec. 29, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 30-2 (2) and 63 (2) 7, subparagraph 10 of Article 64 and Article 71 (1) through (3) shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Disqualification and Automatic Retirement, etc.)
The amended provisions of subparagraph 6-3 of Article 31, Article 31-2 and the proviso to subparagraph 1 of Article 61 shall apply beginning with an individual punished for a Criminal Act that occurs after this Act comes into force.
Article 3 (Applicability to Filling Vacancy of Persons Removed from One’s Position)
The amended provisions of Article 41 (4) shall apply also to persons who are being removed from one’s position at the time this Act comes into force.
Article 4 (Transitional Measures concerning Effect of Disciplinary Action)
Notwithstanding the amended provisions of Article 71 (1) through (3), the previous provisions shall apply to a person against whom a disciplinary action is taken on any ground that arises before the enforcement date prescribed in the proviso to Article 1 of this Addenda.
ADDENDA <Act No. 14183, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.