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ACT ON THE CAPACITY DEVELOPMENT OF PUBLIC OFFICIALS

Act No. 13696, Dec. 29, 2015

 Article 1 (Purpose)
The purpose of this Act is to develop the capacity of State public officials as servants for the entire nation equipped with established public officer-ship, professional expertise, and future-oriented capacities.
[This Article Wholly Amended by Act No. 13696, Dec. 29, 2015]
 Article 2 (Central Capacity Development Supervising Institution)
Affairs necessary to establish and operate the fundamental policy and general guidelines concerning developing the capacity of State public officials, shall be governed by the Minister of Personnel Management. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 13696, Dec. 29, 2015>
[This Article Wholly Amended by Act No. 10056, Mar. 12, 2010]
 Article 3 (National Human Resources Development Institute)
(1) The National Human Resources Development Institute shall be established under the jurisdiction of the Minister of Personnel Management; and the head of the National Human Resources Development Institute shall be a political position. <Amended by Act No. 13696, Dec. 29, 2015>
(2) The National Human Resources Development Institute shall be in charge of the following affairs: <Amended by Act No. 13696, Dec. 29, 2015>
1. Education and training for any of the following persons:
(a) Public officials of at least Grade V and those who belong to the Senior Civil Service Corps;
(b) Candidates for employment who have passed an open competitive examination or competitive examination among experienced applicants for employment of public officials of Grade V;
(c) Other persons, such as foreign public officials, deemed necessary by the Minister of Personnel Management;
2. Research, development, and evaluation concerning the following matters:
(a) Establishing a model of State public officer-ship/leadership, etc. in line with recent developments;
(b) A curriculum for development of public officials’ capacity;
(c) Preparing foundation for public officials’ learning and self-development;
3. Exchange/cooperation with domestic and foreign public and private educational/research institutions, etc.
(3) The Minister of Personnel Management may authorize the head of the National Human Resources Development Institute to support the matters necessary for educational operation of other institutions, etc. for educational training of public officials. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 13696, Dec. 29, 2015>
(4) Organizational structure, maximum number of public officials, and other necessary matters of the National Human Resources Development Institute shall be prescribed by Presidential Decree. <Amended by Act No. 13696, Dec. 29, 2015>
[This Article Wholly Amended by Act No. 10056, Mar. 12, 2010]
 Article 4 (Specialized Education and Training Institutes, etc.)
(1) Where it is deemed necessary to provide public officials in charge of special tasks, with educational training and customized training for each of their areas of responsibility, a specialized education and training institute may be established within the jurisdiction of the head of relevant central administrative agencies, as prescribed in Presidential Decree.
(2) Notwithstanding paragraph (1) and Article 4 of the Government Organization Act, if necessary to efficiently operate educational training for public officials, a specialized education and training institute for providing educational training to the public officials of at least two central administrative agencies (hereinafter referred to as “consolidated educational training institute”), may be established within the jurisdiction of the head of the central administrative agencies prescribed by Presidential Decree.
(3) Where the head of a specialized education and training institute deems necessary, he/she may provide educational training to persons other than the public officials of central administrative agencies who are to be trained pursuant to paragraph (1) or (2). <Amended by Act No. 13696, Dec. 29, 2015>
(4) Organization, maximum number of public officials, and other necessary matters of the consolidated educational training institute, shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10056, Mar. 12, 2010]
 Article 5 (Qualifications, etc. of Teaching Personnel)
(1) A public official training institute shall place teaching personnel to be in charge of lectures and education.
(2) The head of a central administrative agency shall select a person who has an exceptional service record or has qualifications required for providing lectures and education as a teaching personnel of a public official education and training institution.
(3) Within the scope of fixed number of employees prescribed by Presidential Decree, the head of a central administrative agency may appoint teaching personnel as public officials with a fixed term of office pursuant to Article 26-5 of the Government Organization Act. <Amended by Act No. 11530, Dec. 11, 2012>
(4) Necessary matters concerning the qualifications, etc. of teaching personnel shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10056, Mar. 12, 2010]
 Article 6 (Secondment, etc. of Teaching Personnel)
(1) Where it is deemed necessary for educational training to be provided by a public officials education and training institution, the Minister of Personnel Management or the head of the central administrative agency to which a public officials education and training institution belongs may request the head of the relevant central administrative agency to dispatch a public official to be in charge of delivering lectures and conducting educational operation. In such cases, the head of the central administrative agency in receipt of such request shall, when he/she dispatches the requested public official, select a suitable person in consultation with the head of the requesting institution. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 13696, Dec. 29, 2015>
(2) Where a public official dispatched pursuant to paragraph (1) is deemed inappropriate as a teaching personnel, the Minister of Personnel Management or the head of a central administrative agency to which a public official education and training institution belongs, may request the head of the institution to which the inappropriate public official belongs, to dispatch another public official. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 13696, Dec. 29, 2015>
(3) Where a public official dispatched pursuant to paragraph (1) returns to the institution to which he/she belongs, the head of the institution shall, in assigning to positions and managing other personnel affairs, take into account such public official’s experience in education and training.
[This Article Wholly Amended by Act No. 10056, Mar. 12, 2010]
 Article 7 Deleted. <by Act No. 5616, Dec. 31, 1998>
 Article 8 (Formulation of Capacity Development Plans)
The heads of central administrative agencies and the head of a public officials education and training institution, shall formulate an internal plan for development of human resources in accordance with the general policy and guidelines concerning development of human resources for public officials, and notify the Minister of Personnel Management of such plan. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 13696, Dec. 29, 2015>
[This Article Wholly Amended by Act No. 10056, Mar. 12, 2010]
 Article 9 (Research and Improvement of Curricula, etc.)
The head of a public officials education and training institution shall endeavor to enhance performance of education/training and quality of teaching personnel; and shall review and improve the curricula and educational methods of the aforementioned institution, to make them suitable for practical application.
[This Article Wholly Amended by Act No. 10056, Mar. 12, 2010]
 Article 10 (Self-Development, etc. of Public Officials)
(1) A public official shall perform his/her work duties creatively and ceaselessly endeavor to improve his/her expertise, through self-development and learning.
(2) Pursuant to a capacity development plan under Article 8, the head of an administrative agency shall facilitate the formulation and implementation of a self-development plan; activities of participating in study groups to improve job competency; and educational training for career development, etc. of the public officials who belong to such agency.
(3) Details of the educational training to be facilitated by the head of an administrative agency pursuant to paragraph (2), and other necessary matters, shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 13696, Dec. 29, 2015]
 Article 11 (Concurrent Appointment of Teaching Personnel)
(1) Where it is necessary to require teaching personnel to be responsible for special subjects, the head of a public officials education and training institution may concurrently appoint the public officials or private specialists in the relevant field to serve as teaching personnel, irrespective of the maximum number of public officials within the relevant public officials education and training institution. In such cases, where the teaching personnel to be appointed to concurrently hol office is a public official, prior consultation shall be held with the head of the institution to which the teaching personnel belongs.
(2) Allowances for concurrently held offices may be paid, within budgetary limits, and as prescribed by Presidential Decree, to a public official who concurrently holds office pursuant to paragraph (1).
[This Article Wholly Amended by Act No. 10056, Mar. 12, 2010]
 Article 12 (Payment of Education and Training Allowances)
Education and training allowances may be paid, within budgetary limits, and as prescribed by Presidential Decree, to the public officials in charge of providing education and training at a public officials education and training institute.
[This Article Wholly Amended by Act No. 10056, Mar. 12, 2010]
 Article 13 (Commissioned Education and Training)
(1) Subject to consultation with the Minister of Personnel Management, the head of a central administrative agency may require the public officials under his/her jurisdiction to undergo education and training for a specified period by commissioning them to domestic or foreign institutes. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
(2) The Minister of Personnel Management may formulate an annual plan for commissioned education and training of public officials and select public officials of the appropriate central administrative agencies suitable to the objectives of such education and training to require the selected public officials to undergo education and training for a specified period by commissioning them to domestic or foreign institutes. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
(3) The Minister of Personnel Management or the head of the relevant central administrative agency shall direct and supervise the status of education and training so that the public officials under his/her jurisdiction undergoing such education and training, can sincerely achieve the goals of the education and training, and other matters required therefor shall be prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
(4) Mandatory public service for a specific period, within six years, may be imposed on the public officials who have undergone education and training pursuant to paragraphs (1) and (2), as prescribed by Presidential Decree.
(5) Where any public official who has undergone or is undergoing education and training fails to comply with any instruction for direction and supervision prescribed in paragraph (3), or fails to provide mandatory public service prescribed in paragraph (4), the Minister of Personnel Management or the head of the relevant central administrative agency may order the public official or his/her joint guarantor to return all or some of the subsidies paid for expenses incurred in providing education and training, as prescribed by Presidential Decree; where the public official fails to perform pursuant to the order, the incurred expenses may be collected in the same manner as delinquent national taxes are collected. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014>
[This Article Wholly Amended by Act No. 10056, Mar. 12, 2010]
 Article 14 (Workplace Training)
(1) In accordance with the fundamental policy and general guidelines concerning development of capacity of public officials, the head of an administrative agency shall formulate a workplace training plan and implement the training accordingly, in order to establish appropriate officership of the public officials under his/her jurisdiction and improve their future-oriented competency and expertise. <Amended by Act No. 13696, Dec. 29, 2015>
(2) The head of an administrative agency may reflect the outcomes of workplace training of public officials under his/her jurisdiction, in the personnel management, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10056, Mar. 12, 2010]
 Article 15 (Evaluation, etc. of Capacity Development)
(1) In order to collect data necessary for formulating the fundamental policy and general guidelines concerning development of capacity of public officials and to access performance of the aforementioned development of public officials, the Minister of Personnel Management may periodically or frequently evaluate details/methods and performance, etc. of the development of capacity conducted by the central administrative agencies and their affiliated public official education and training institutions and, if necessary, may request for rectification thereof. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 13696, Dec. 29, 2015>
(2) To share information and vitalize the cooperation, etc. required for operation of a policy concerning development of capacity of public officials and improvement of the systems thereof, the Minister of Personnel Management may establish and operate a cooperative body with a public officials education and training institution and other institutions. <Newly Inserted by Act No. 13696, Dec. 29, 2015>
[This Article Wholly Amended by Act No. 10056, Mar. 12, 2010]
 Article 16 (Operation of Education and Training Institutes)
(1) If required for efficient operation of the relevant public officials education and training institution, the head of a public officials education and training institution may provide education and training facilities, education and training programs, etc. to the State agencies, public organizations, or private individuals at a cost.
(2) Any revenues accruing under paragraph (1) may be accounted as substitute expenses for revenues pursuant to Article 53 of the National Finance Act and Article 8 of the Management of the National Funds Act.
[This Article Wholly Amended by Act No. 10056, Mar. 12, 2010]
 Article 17 Deleted. <by Act No. 10056, Mar. 12, 2010>
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on April 1, 1973.
(2) (Abolition of Statute) The Act on Training of Public Officials (Act No. 1350) is hereby abolished.
(3) (Transitional Measures) A Training institution established pursuant to the former Act on the Training of Public Officials shall be deemed established pursuant to this Act.
ADDENDA <Act No. 3151, Dec. 5, 1978>
(1) (Enforcement Date) This Act shall enter into force on January 1, 1979.
(2) (Transitional Measures) A public official who is undergoing extraordinary training as at the time this Act enter into force, shall be deemed to have undergone the extraordinary training pursuant to this Act.
ADDENDA <Act No. 4268, Dec. 27, 1990>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 4371, May 31, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force on the date the Seoul Metropolitan Council is established.
Article 2 Omitted.
ADDENDA <Act No. 4871, Jan. 5, 1995>
Article 1 (Enforcement Date)
This Act shall enter into force on April 1, 1995.
Article 2 (Transitional Measures concerning Education and Training)
Any education and training for local public officials scheduled or in progress as at the time this Act enter into force pursuant to the Act on the Education and Training of Public Officials, shall be deemed scheduled or in progress pursuant to this Act.
Article 3 Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 5616, Dec. 31, 1998>
(1) (Enforcement Date) This Act shall enter into force on January 1, 1999.
(2) (Transitional Measures concerning Education and Training) Any extraordinary training and extraordinary training institutes pursuant to the former provisions as at the time this Act enters into force shall be deemed education and training entrusted under, and specialized education and training institutes, respectively, subject to this Act.
(3) (Transitional Measures concerning Professors, etc.) Each professor, associate professor, assistant professor, and full-time lecturer who is appointed pursuant to the former provisions of Article 3 (4) through (6) as at the time this Act enters into force shall be deemed appointed as teaching personnel under Article 5, as prescribed by Presidential Decree.
ADDENDA <Act No. 6836, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 7187, Mar. 11, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force three months after its promulgation: Provided, That Article 2 of the Addenda shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 7217, Sep. 23, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 7796, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8857, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 10056, Mar. 12, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11530, Dec. 11, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
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, among the Acts to be amended pursuant to Article 6 of Addenda, the amended provisions of the Acts promulgated before this Act enter into force, ad the dates they enter into force have not yet arrived, shall enter into force on the date each of such Acts enters into force.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13696, Dec. 29, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2016.
Article 2 (Transitional Measures concerning the Public Notification, Administrative Disposition, and On-Going Activities pursuant to Former Acts)
The public notification, administrative disposition and on-going activities engaged in before this Act enter into force, by the Central Officials Training Institute pursuant to the former Act on the Education and Training of Public Officials and the application/report and other activities engaged in toward the Central Officials Training Institute, shall be deemed the activities by or regarding the National Human Resources Development Institute pursuant to this Act.
Article 3 Omitted.
Article 4 (Relationship with Other Acts and Subordinate Statutes)
Any citation of the former Act on the Education and Training of Public Officials or its provisions, made by other Acts or subordinate statutes as at the time this Act enters into force, shall be deemed a citation of this Act or its corresponding provisions, in lieu of the former Act on the Education and Training of Public Officials or its provisions, if such corresponding provisions exist in this Act.