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REGULATIONS ON THE PERSONNEL MANAGEMENT OF THE SENIOR CIVIL SERVICE CORPS

Presidential Decree No. 19513, jun. 12, 2006

Amended by Presidential Decree No. 19603, jun. 30, 2006

Presidential Decree No. 19885, Feb. 12, 2007

Presidential Decree No. 20339, Oct. 23, 2007

Presidential Decree No. 20368, Nov. 12, 2007

Presidential Decree No. 20711, Feb. 29, 2008

Presidential Decree No. 20787, May 21, 2008

Presidential Decree No. 20894, Jul. 3, 2008

Presidential Decree No. 21342, Feb. 27, 2009

Presidential Decree No. 21344, Mar. 12, 2009

Presidential Decree No. 21409, Apr. 6, 2009

Presidential Decree No. 21717, Sep. 8, 2009

Presidential Decree No. 22206, jun. 15, 2010

Presidential Decree No. 23107, Aug. 30, 2011

Presidential Decree No. 23691, Mar. 30, 2012

Presidential Decree No. 24425, Mar. 23, 2013

Presidential Decree No. 24923, Dec. 11, 2013

Presidential Decree No. 25017, Dec. 24, 2013

Presidential Decree No. 25285, Apr. 1, 2014

Presidential Decree No. 25751, Nov. 19, 2014

Presidential Decree No. 26844, Dec. 31, 2015

Presidential Decree No. 26871, Jan. 7, 2016

Presidential Decree No. 26944, Feb. 3, 2016

Presidential Decree No. 27787, Jan. 10, 2017

Presidential Decree No. 27996, Apr. 18, 2017

Presidential Decree No. 28211, Jul. 26, 2017

Presidential Decree No. 28220, Jul. 26, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated from the State Public Officials Act concerning the appointment, etc. of public officials belonging to the Senior Executive Service and matters necessary for the implementation of the aforesaid matters, and special cases on the Decree on the Appointment of Public Officials, the Regulations for Personnel Management of Public Officials in Extraordinary Civil Service, and other statutes related to the personnel management of public officials. <Amended by Presidential Decree No. 24923, Dec. 11, 2013>
[This Article Wholly Amended by Presidential Decree No. 21342, Feb. 27, 2009]
 Article 2 (Definitions)
The definitions of terms used in this Decree shall be as follows: <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014>
1. The term "competence" means ability, qualities, etc. prescribed by the Minister of Personnel Management, which are required to successfully perform duties as public officials belonging to the Senior Executive Service (hereinafter referred to as "senior executive");
2. The term "candidate for the Senior Executive Service" means a public official eligible to be appointed to a Senior Executive Service position.
[This Article Wholly Amended by Presidential Decree No. 21342, Feb. 27, 2009]
 Article 3 (Relationship with other Statutes)
Except as otherwise prescribed in this Decree, other statutes related to the personnel management of public officials shall apply to the appointment, etc. of senior executives.
[This Article Wholly Amended by Presidential Decree No. 21342, Feb. 27, 2009]
 Article 4 (Scope of Public Officials Subject to Personnel Management of Senior Executive Service)
Any public official who is on detached service, takes a leave of absence, etc. pursuant to Article 2-2 (4) of the State Public Officials Act (hereinafter referred to as the "Act") means any of the following persons appointed to a Senior Executive Service position (hereinafter referred to as "Senior Executive Service position") under each subparagraph of paragraph 2 of the aforesaid Article and served in such position: <Amended by Presidential Decree No. 21409, Apr. 6, 2009>
1. A person serving but unassigned to a position because the current number of persons exceeds the fixed number of persons due to reorganization, etc. pursuant to Article 6 (3) of the Act;
2. A person on a leave of absence pursuant to Article 71 of the Act;
3. A person removed from his/her position pursuant to Article 73-3 of the Act;
4. A person on detached service pursuant to Article 41 (1) of the Decree on the Appointment of Public Officials (hereinafter referred to as the "Decree on Appointment");
5. A person serving but unassigned to a position pursuant to each subparagraph of Article 43 (1) of the Decree on Appointment;
6. A person serving but unassigned to a position pursuant to Articles 10 (5), 11 (3), 19 (3), and 20 (3) of the Regulations on Operation, etc. of Opening Positions and Open Recruitment Positions (hereinafter referred to as the "Regulations on Opening and Open Recruitment Positions");
7. A person serving but unassigned to a position pursuant to Article 17 of the Decree on the Appointment of Resident Officers in Overseas Diplomatic Missions (hereinafter referred to as the "Decree on the Appointment of Resident Officers");
8. A person serving but unassigned to a position pursuant to subparagraphs 7 and 8 of Article 18;
9. Other persons serving but unassigned to a position for reasons prescribed by other statutes.
[This Article Wholly Amended by Presidential Decree No. 21342, Feb. 27, 2009]
 Article 5 (Delegation of Authority to Appoint)
(1) Pursuant to Article 32 (3) of the Act, the President of the Republic of Korea shall delegate the authority to appoint, excluding the following authority to appoint public officials in general service belonging to the Senior Executive service (hereinafter referred to as "senior executive in general service") to the competent Minister (referring to the competent Minister under subparagraph 3 of Article 2 of the Decree on Appointment; hereinafter the same shall apply): <Amended by Presidential Decree No. 21717, Sep. 8, 2009; Presidential Decree No. 22206, Jun. 15, 2010; Presidential Decree No. 27996, Apr. 18, 2017>
1. New employment (excluding new employment under Article 16-3 (1)), promotion and appointment to a Senior Executive Service position, and transfer to a position under any subparagraph of Article 17 (2) of a senior researcher or senior technical advisor who is not a senior executive;
2. Transfer of senior executives assigned to the position in the highest grade of duties allocated pursuant to Article 23 of the Act and the position under subparagraph 1 (a) of attached Table 2 of the Regulations on the Appointment, etc. of Public Officials in Research Service and Technical Advice Service (hereinafter referred to as the "Regulations on Research Service and Technical Advice Service"), removal of such senior executives from their position, their leave of absence, their suspension from office, their reinstatement, and their holding of concurrent posts;
3. The following transfer to another position:
(a) Transfer to another position in the highest grade of duties allocated pursuant to Article 23 of the Act;
(b) Transfer to another position under subparagraph 1 (a) of attached Table 2 of the Regulations on Research Service and Technical Advice Service;
4. Transfer to another position between agencies under the jurisdictions of different competent Ministers;
5. Change of occupation, appointment to a lower rank, demotion, removal from office (excluding the removal under Article 16-3 (2)), release from office, dismissal from office, and holding concurrent posts (limited to holding concurrent posts in agencies under the jurisdictions of different competent Ministers).
(2) Public officials in extraordinary civil service belonging to the Senior Executive Service (hereinafter referred to as "senior executive in extraordinary civil service") shall be appointed by the President of the Republic of Korea via the Prime Minister through consultation with the Minister of Personnel Management on the recommendation of the competent Ministers; however, the President shall delegate the authority to appoint, excluding the following authority to appoint senior executives in extraordinary civil service to the competent Ministers: <Amended by Presidential Decree No. 22206, Jun. 15, 2010; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26871, Jan. 7, 2016>
1. Leave of absence, suspension from office, and reinstatement of senior executives in extraordinary civil service assigned to the position in the highest grade of duties allocated pursuant to Article 23 of the Act;
2. New employment, removal from office, release from office, and dismissal from office.
(3) Where the competent Minister transfers a senior executive on whom the authority to appoint has been delegated to him/her pursuant to paragraphs (1) and (2), to another position, has him/her hold concurrent posts, has him/her serve on detached service, removes him/her from his/her position, has him/her to take a leave, suspends him/her from office and reinstates him/her, he/she shall immediately notify the Minister of Personnel Management of the results thereof. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014>
[This Article Wholly Amended by Presidential Decree No. 21342, Feb. 27, 2009]
 Article 6 (Methods of Appointment as Senior Executives)
(1) Appointments as senior executives in general service shall be made according to the methods of employment (hereinafter referred to as "competitive employment, etc. of experienced personnel") through a competitive employment examination for experienced personnel under the main sentence of Article 28 (2) of the Act and through an examination not intended for a number of people under the proviso to the aforesaid paragraph (hereinafter referred to as "competitive employment examination, etc. for experienced personnel"), of promotion and appointment under Article 16 or of transfer to another position under Article 17. <Amended by Presidential Decree No. 23107, Aug. 30, 2011>
(2) Where the appointment of a senior executive in general service appointed pursuant to paragraph (1) as a senior executive in other general service falls under any of the following, the appointment thereof shall be made according to the method of competitive employment, etc. of experienced personnel: <Amended by Presidential Decree No. 24923, Dec. 11, 2013>
1. Where a senior executive in general service is appointed as a senior executive in a fixed term position (referring to a public official in general service; hereinafter the same shall apply) under Article 8 (2) of the Regulations on Opening and Open Recruitment Positions;
2. Where a senior executive in a fixed term position appointed through competitive employment, etc. of experienced personnel is appointed as a senior executive in other general service.
(3) The appointment as senior executives in extraordinary civil service shall be made according to methods of employment under Article 5 (2) 2. <Newly Inserted by Presidential Decree No. 24923, Dec. 11, 2013>
[This Article Wholly Amended by Presidential Decree No. 21342, Feb. 27, 2009]
CHAPTER II TRAINING OF CANDIDATES FOR SENIOR EXECUTIVE SERVICE
 Article 7 (Candidates for Senior Executive Service)
(1) Any of the following persons who completes a curriculum under Article 8 and passes a competence assessment under Article 9, shall become a candidate for the Senior Executive Service. In such cases, the method of calculating the number of years in service included in the minimum number of years required for promotion under Article 31 of the Decree on Appointment shall apply to the calculation of a period of service: <Amended by Presidential Decree No. 23107, Aug. 30, 2011; Presidential Decree No. 23691, Mar. 30, 2012; Presidential Decree No. 24923, Dec. 11, 2013; Presidential Decree No. 26871, Jan. 7, 2016; Presidential Decree No. 27787, Jan. 10, 2017>
1. A person who has served at least two years as a public official of Grade III;
2. Any of the following persons who has served less than two years in the relevant rank among public officials of Grade III or who has served at least five years in the relevant rank among public officials of Grade IV:
(a) A person whose period of service is at least 20 years, calculated by the number of months and years from the month in which he/she was appointed as a public official: Provided, That where he/she was reappointed as a public official after his/her retirement from office during the relevant period, his/her period of service shall be calculated by excluding the period from the month in which he/she retired from office to the month in which he/she was reappointed as a public official belonged;
(b) A person recommended by the competent Minister through consultation with the Minister of Personnel Management to appoint him/her to a position for which special requirements for qualification are prescribed in other statutes, or for which experience, etc. in the relevant business is essential due to the nature of his/her duties;
(c) A person who applies for a position designated and operated as an open recruitment position pursuant to Article 28-5 of the Act, among positions in the Senior Executive Service;
(d) A person recommended by the competent Minister through consultation with the Minister of Personnel Management because he/she possesses outstanding ability to perform his/her duties;
3. A person who has served at least seven years as a senior researcher or senior technical advisor who is not a senior executive (the period of service as a public official in general service of Grade V or higher shall be added to the period of service as a senior researcher or senior technical advisor; and in cases of a senior researcher or senior technical advisor who has served in a subsidiary organ under the head of an office or bureau of a central administrative agency or in an equivalent position, referring to a person who has served in the relevant position at least three years in total);
4. A person who has served in a Senior Executive Service position or equivalent position as a public official in general service (excluding a public official in a fixed term position).
5. A person who has served as a chief specialist official for at least five years and in a position of director for at least two years (the period of service as a chief specialist official or in a position of director shall be added to the period of service as a public official in general service of Grade III or VI).
(2) Where the aggregate of the following periods (hereinafter referred to as "period of personnel exchange, etc.") during which a senior researcher or senior technical advisor who is not a senior executive has served after appointment to the relevant position is at least one year, notwithstanding paragraph (1) 3, the period calculated by subtracting a period equivalent to half the period of personnel exchange, etc. from the period required to become a candidate for the Senior Executive Service pursuant to the provision of the aforesaid subparagraph shall be deemed the period required for the relevant public official to become a candidate for the Senior Executive Service: <Newly Inserted by Presidential Decree No. 23107, Aug. 30, 2011; Presidential Decree No. 26871, Jan. 7, 2016>
1. Period during which he/she was appointed to an opening position of another central administrative agency pursuant to Article 28-4 of the Act;
2. Period during which he/she was appointed to an open recruitment position of other central administrative agency pursuant to Article 28-5 of the Act;
3. Period during which he/she was appointed for personnel exchange according to a personnel exchange plan under Article 32-2 of the Act.
[This Article Wholly Amended by Presidential Decree No. 21342, Feb. 27, 2009]
 Article 8 (Education of Candidates for Senior Executive Service)
(1) The Minister of Personnel Management shall operate a curriculum to develop the ability necessary for senior executives (hereinafter referred to as a curriculum for candidates for the Senior Executive Service) intended for public officials of Garde IV or higher (including senior researchers, senior technical advisors, and chief specialist officials who are not senior executives). <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 27787, Jan. 10, 2017>
(2) The competent Minister shall select persons eligible for education of the relevant agency according to standards for and methods of selection prescribed by the Minister of Personnel Management, and recommend eligible persons to the Minister of Personnel Management; and he/she shall determine the number of persons eligible for education in consideration of the fixed number of positions in the Senior Executive Service, the number of persons expected to be promoted to positions in the Senior Executive Service, etc. under the jurisdiction of each competent Minister. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014>
(3) Standards for completion of a curriculum for candidates for the Senior Executive Service shall be prescribed by the Minister of Personnel Management. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014>
(4) Where a person who has served in a Senior Executive Service position or in an equivalent position as a State public official is promoted and appointed or transferred to a Senior Executive Service position again, he/she may be exempt from a curriculum for candidates for the Senior Executive Service.
(5) Persons who have completed a curriculum operated by the Minister of Foreign Affairs to train foreign service officials belonging to the Senior Executive Service shall be deemed to have completed a curriculum for candidates for the Senior Executive Service. <Amended by Presidential Decree No. 24425, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 21342, Feb. 27, 2009]
 Article 9 (Competence Assessment)
(1) An assessment under Article 2-2 (3) of the Act (hereinafter referred to as "competence assessment") shall be conducted for a person to be newly employed as a senior executive, a public official of Grade IV or higher (including a chief specialist official; hereinafter the same shall apply) to be promoted and appointed or transferred (only applicable where a senior researcher or senior technical advisor who is not a senior executive is transferred to a Senior Executive Service position) to a Senior Executive Service position before new employment, promotion, and appointment or transfer: Provided, That in any of the following cases, competence assessment need not be conducted: <Amended by Presidential Decree No. 22206, Jun. 15, 2010; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 24923, Dec. 11, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 27787, Jan. 10, 2017; Presidential Decree Nos. 28211 & 28220, Jul. 26, 2017>
1. Where a local public official or private citizen is newly employed in a position under Article 2-2 (2) 3 of the Act (excluding where the head of a local government or the head of a local educational administrative agency requests appointment following a competence assessment);
2. Where a person is appointed as a pubic official in a fixed term position or public official in extraordinary civil service, to any of the following positions in the Senior Executive Service:
(a) A secretary;
(b) A policy advisor under the Regulations on Establishment and Operation of Policy Advisor (hereinafter referred to as “policy advisor”);
(c) An emergency planning officer;
(d) A position related to security affairs of the Presidential Security Service;
(e) Other positions equivalent to those prescribed under items (a) through (d);
3. Where a person who has served as a state public official is appointed to a Senior Executive Service position or equivalent position (excluding positions under Article 2-2 (2) 3 of the Act and under paragraph (2) 2);
4. Where the competent Minister consults with the Minister of Personnel Management because there is a special ground to deem that senior executive already has the required ability.
(2) Where a person appointed to a senior executive without undergoing a competence assessment pursuant to paragraph (1) 1 or 2, or other statutes is intended to be appointed to a Senior Executive Service position for which the competence assessment should be conducted, the competence assessment shall be conducted.
(3) A competence assessment shall be conducted on a five-point scale for each item of competence, and classified into one of the grades: exceptional, excellent, normal, unsatisfactory or highly unsatisfactory, according to the level of assessment scores, and standards for passing the competence assessment shall be cases where the average score of a person subject to the competence assessment is at least "normal" (referring to an average score of at least 2.5).
(4) A person who fails to pass a competence assessment may undergo a reassessment after he/she improves insufficient ability. In such cases, where he/she fails to pass at least two consecutive competence assessments, he/she may undergo a reassessment after a period prescribed by the Minister of Personnel Management elapses. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014>
(5) A person who has passed an assessment conducted by the Minister of Foreign Affairs pursuant to Article 2-2 (2) of the Foreign Service Officials Act shall be deemed to have passed a competence assessment under paragraph (1). <Amended by Presidential Decree No. 24425, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 21342, Feb. 27, 2009]
 Article 9-2 (Requirements for Application for Competence Assessment)
(1) The total period of the following career experience as of the date of conducting a competence assessment of a public official of Grade IV or higher who intends to apply for a competence assessment is at least two years during the period of his/her service or at least one year during the period of his/her service in Grade IV or higher: Provided, That the foregoing shall not apply where agencies are merged or abolished due to reorganization, etc. or part of his/her business is transferred to other agency under the jurisdiction of the other competent Minister, and shall not apply to career experience he/she has served in other agency during the period of education and training under the Public Official Talent Development Act and during the period of appointment as a probationer under Article 29 (1) of the Act: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26944, Feb. 3, 2016>
1. Career in which the competent Minister was appointed to or served in an opening or open recruitment position of other agency pursuant to Articles 28-4 and 28-5 of the Act;
2. Career from which he/she took a leave of absence pursuant to Article 71 (2) 1 of the Act;
3. Career in which he/she served in an overseas diplomatic mission pursuant to Article 31 of the Foreign Service Officials Act;
4. Career in which he/she served on detached service pursuant to Article 41 (1) 1 through 3 and 5 through 7 of the Decree on Appointment;
5. Career in which he/she served in another agency according to a personnel exchange plan under Article 48 (1) of the Decree on Appointment;
6. Other career experience recognized by the Minister of Personnel Management, such as career the competent Minister served in another agency or local government through transfer to another position, and transfer between agencies.
(2) Notwithstanding paragraph (1), where a public official of Grade IV or higher falls under any of the following, he/she may apply for a competence assessment even where he/she fails to meet requirements for application under paragraph (1): Provided, That where he/she falls under subparagraph 2, he/she shall consult with the competent Minister: <Amended by Presidential Decree No. 25751, Nov. 19, 2014>
1. Where the competent Minister applies for the competence assessment to be appointed to an opening position of another agency pursuant to Article 28-4 of the Act;
2. Where he/she has a special ground for failing to meet any of the requirements for application for the competence assessment in consideration of the characteristics of the agency and the period of service, etc. of a person eligible to apply for the competence assessment.
(3) In addition to matters prescribed in paragraphs (1) and (2), necessary matters concerning requirements for application for the competence assessment shall be prescribed by the Minister of Personnel Management. <Amended by Presidential Decree No. 25751, Nov. 19, 2014>
[This Article Wholly Amended by Presidential Decree No. 21342, Feb. 27, 2009]
 Article 10 (Members of Competence Assessment Committee)
(1) The Minister of Personnel Management may appoint or commission members of the Competence Assessment Committee among current or former senior executives or persons with extensive knowledge of and experience in personnel administration or competence assessment to have them take charge of the competence assessment of persons subject to the competence assessment and other matters necessary for the competence assessment. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014>
(2) Persons appointed or commissioned as members of the Competence Assessment Committee shall conscientiously implement matters to observe concerning the competence assessment prescribed by the Minister of Personnel Management. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014>
(3) Where the Minister of Personnel Management deems that a member of the Competence Assessment Committee has violated Articles 44 and 45 of the Act by engaging in any conduct that compromises the credibility of the competence assessment, in violation of paragraph (2), he/she may bring a criminal charge against such member of the Competence Assessment Committee, or notify the head of an agency to which the relevant member of the Competence Assessment Committee of his/her name. In such cases, he/she may request the head of such agency to take appropriate measures, such as taking disciplinary action against the member of the Competence Assessment Committee. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014>
(4) The Minister of Personnel Management may pay allowances to members of the Competence Assessment Committee, within budgetary limits.
[This Article Wholly Amended by Presidential Decree No. 21342, Feb. 27, 2009]
 Article 11 (Methods of Competence Assessment)
A competence assessment shall be conducted by at least four members of the Competence Assessment Committee by observing the behaviour of persons subject to competence assessment appearing in situations of duties presented and of assessing their competence.
[This Article Wholly Amended by Presidential Decree No. 21342, Feb. 27, 2009]
 Article 12 (Development of Competence)
A public official whose level is not classified above “unsatisfactory” under Article 9 (3) in any of the items of competence, following the competence assessment shall endeavor to improve his/her competence, and the competent Minister shall provide necessary support and guidance to such public official so that he/she may have the ability required of a senior executive.
[This Article Wholly Amended by Presidential Decree No. 21342, Feb. 27, 2009]
CHAPTER III ENTRY INTO SENIOR EXECUTIVE SERVICE
 Article 13 (Requirements for Competitive Employment, etc. of Experienced Personnel as Senior Executives in General Service)
Competitive employment, etc. of experienced personnel as senior executives in general service under Article 28 (2) of the Act shall be performed in any of the following cases: Provided, That Articles 7, 7-2 and 8 of the Regulations on Senior Researchers and Senior Technical Advisors shall apply to the competitive employment, etc. of experienced personnel as senior researchers and senior technical advisors: <Amended by Presidential Decree No. 21344, Mar. 12, 2009; Presidential Decree No. 22206, Jun. 15, 2010; Presidential Decree No. 23107, Aug. 30, 2011; Presidential Decree No. 24923, Dec. 11, 2013; Presidential Decree No. 26871, Jan. 7, 2016>
1. Where a senior executive in general service (excluding a public official in a fixed term position; hereafter the same shall apply in this Article) who has served in a Senior Executive Service position or equivalent position is reappointed pursuant to Article 28 (2) 1 of the Act, he/she shall be a person whose reason for retirement has been verified by inquiring into his/her past record of the agency in which he/she previously served, and where a senior executive in general service who retired from office to become a public official in special career service or public official in other type of career service is reappointed pursuant to the aforesaid subparagraph, he/she shall be reappointed before 30 days have passed after his/her retirement from office. In such cases, the Regulations on Handling of Public Officials Personnel Records, Statistics and Personnel Affairs shall apply to the inquiry into his/her past record;
2. Where a person who holds a certificate of qualification concerning duties of the same kind is employed through competitive employment, etc. of experienced personnel pursuant to Article 28 (2) 2 of the Act, he/she shall be a person meeting standards for career in Grade III prescribed in attached Tables 7 and 8 of the Decree on Examination for Appointment of Public Officials (hereinafter referred to as the "Decree on Examination"), who holds a certificate of qualification related to duties of a position to which he/she is expected to be appointed, among certificates of qualification for each position to which he/she is expected to be appointed under Article 27 (1) of the Decree on Examination;
3. Where a public official is employed through competitive employment, etc. of experienced personnel pursuant to Article 28 (2) 3 of the Act, he/she shall be a person in whose case three years have not passed after his/her retirement as of the date on which an examination is required, who falls under any of the following: Provided, That in the cases falling under item (d), he/she shall hold office as of the date an examination is required:
(a) A person serving as a public official in special service belonging to the Senior Executive Service (hereinafter referred to as "senior executive in special service");
(b) A public official in general service or a person who has served at least two years in a Senior Executive Service position or equivalent position as a public official in general service (excluding a public official in a fixed term position; hereafter the same shall apply in this Article) in the National Assembly, a court, the Constitutional Court, the National Election Commission or the Board of Audit and Inspection;
(c) A person whose period of service or research career meeting standards for career experience defined under attached Table 9 of the Decree on Examination in the field of duties related to a position to which he/she is expected to be appointed is at least three years (where he/she has served as a public official in extraordinary civil service, he/she shall be a person who has served or conducted research in a position related to which he/she is expected to be appointed in the Senior Executive Service or positions equivalent thereto);
(d) A person who meets all the requirements prescribed in the subparagraphs of Article 9 (3) of the Regulations on Opening and Open Recruitment Positions;
4. Competitive employment, etc. of experienced personnel under Article 28 (2) 5 of the Act shall apply where a person is employed as a senior executive in general service in a position in the highest grade of duties allocated pursuant to Article 23 of the Act;
5. Where a local public official is employed as a senior executive in general service through competitive employment, etc. of experienced personnel pursuant to Article 28 (2) 7 of the Act, he/she shall be a person who has served as a public official in general service in a position in a local government or local educational administrative agency equivalent to a Senior Executive Service position;
6. Where a person who has served or conducted research in the field of science and technology, statistics, electronic computation, foreign trade, environment, transportation, or urban engineering related to a position to which he/she is expected to be appointed pursuant to Article 28 (2) 10 of the Act, or in the field of specialty prescribed by the competent Minister is employed through competitive employment, etc. of experienced personnel because he/she deems it impracticable to fill the vacancy through an open competitive employment examination, he/she shall be a person who meets standards for career experience in Grade III under attached Table 4 of the Decree of Appointment, and holds a doctoral degree.
[This Article Wholly Amended by Presidential Decree No. 21342, Feb. 27, 2009]
 Article 13-2 (Requirements for Competitive Employment, etc. of Experienced Personnel as Senior Executives in Fixed Term Position)
Competitive employment, etc. of experienced personnel as senior executives in a fixed term position under Article 28 (2) of the Act shall meet the following requirements:
1. In cases of senior executives in a fixed term position in opening positions, requirements under the subparagraphs of Article 5 (1) of the Regulations on Opening and Open Recruitment Positions;
2. Where individual statutes prescribe specific requirements for performing duties of senior executives in a fixed term position whose positions are not opening positions, the relevant requirements.
[This Article Newly Inserted by Presidential Decree No. 24923, Dec. 11, 2013]
 Article 14 (Methods of Competitive Employment Examinations, etc. for Experienced Personnel as Senior Executives in General Service)
(1) Competitive employment examinations, etc. for experienced personnel under Article 13 shall be conducted as follows: <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 24923, Dec. 11, 2013; Presidential Decree No. 25751, Nov. 19, 2014>
1. In the case of a public official under subparagraph 1 of Article 13, the examination shall be conducted by document screening and interviews: Provided, That where a senior executive in general service (excluding a public official in a fixed term position; hereafter the same shall apply in this Article) who retired from office to become a public official in special career service or a public official in other type of career service is reappointed, he/she shall be exempt from such examination;
2. In the case of public officials under subparagraphs 2 and 6 of Article 13, the examination shall be conducted by document screening and interviews;
3. In cases of a public official under subparagraph 3 of Article 13, the examination shall be conducted by a written test and document screening or a written test and interviews: Provided, That where a person falling under subparagraph 3 (a) of Article 13 is employed as a senior executive in general service through competitive employment, etc. of experienced personnel, he/she shall be exempt from the examination, and where employment falls under any of the following, the examination may be conducted by screening and interviews:
(a) Where he/she is employed through a competitive employment examination for experienced personnel (hereinafter referred to as "competitive employment examination for experienced personnel") under the main sentence of Article 28 (2) of the Act;
(b) Where a person who is serving in an opening position is employed as a senior executive in general service through competitive employment, etc. of experienced personnel;
(c) Where a person who was a public official in career service (excluding a public official in a fixed term position; hereinafter the same shall apply) is employed as a senior executive in general service through competitive employment, etc. of experienced personnel after he/she became a senior executive in extraordinary civil service;
(d) Where a senior executive in general service who retired from office is reappointed;
4. In cases of a public official under subparagraph 4 of Article 13, the examination shall be conducted by document screening: Provided, That where a senior executive in extraordinary civil service who was employed and is serving in a position in the highest grade of duties allocated pursuant to Article 23 of the Act is immediately employed as a senior executive in general service through competitive employment, etc. of experienced personnel after he/she retires from office, he/she shall be exempt from the examination;
5. In cases of a public official under subparagraph 5 of Article 13, he/she shall be exempt from the examination: Provided, That where he/she does not fall under any of the following, the examination may be conducted by document screening and interview:
(a) A person appointed as a local public official after he/she passes an examination for a series of class to which he/she is expected to be appointed, which is conducted by the Minister of Personnel Management at the time he/she is appointed as a local public official or while he/she is serving as a local public official;
(b) A person who is exchanged and appointed as a local public official after he/she was first appointed as a state public official.
(2) Where an examination under paragraph (1) 1 is conducted, it shall be conducted by competitive employment examination for experienced personnel.
(3) Competitive employment examinations, etc. for experienced personnel under paragraphs (1) and (2) shall be conducted before the competence assessment under Article 9.
[This Article Wholly Amended by Presidential Decree No. 23107, Aug. 30, 2011]
 Article 14-2 (Composition and Operation of Examination Committee)
(1) Where the competent Minister intends to conduct an employment examination under Article 14, he/she shall organize and operate an examination committee comprised of at least two examiners for written test and document screening, and of at least five examiners for interviews for each position to which applicants are expected to be appointed.
(2) Examiners shall be appointed or commissioned by the competent Minister from among those who have extensive knowledge of and experience in the fields related to positions to which applicants are expected to be appointed, in employment, or examinations, such as interviewing.
(3) Where an examination committee is comprised for interviews, at least half the examiners shall be nongovernmental examiners (including faculty members of national or public universities), and the chairperson shall be commissioned by the competent Minister from among private-sector examiners.
[This Article Newly Inserted by Presidential Decree No. 23107, Aug. 30, 2011]
 Article 14-3 (Entrustment of Employment Examinations)
(1) Where the competent Minister deems it necessary, he/she may entrust the Minister of Personnel Management with conducting employment examinations under Article 14. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014>
(2) Where the competent Minister entrusts the Minister of Personnel Management with the conducting of employment examinations pursuant to paragraph (1), Article 14-2 shall apply to the composition and operation of the examination committee. In such cases, "competent Minister” shall be construed as "Minister of Personnel Management". <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014>
[This Article Newly Inserted by Presidential Decree No. 23107, Aug. 30, 2011]
 Article 14-4 (Prior Consultation about Employment Examinations, Omission of Composition, Inspection, etc. of Own Committee)
(1) Where the competent Minister intends to conduct an employment examination for senior executives in general service pursuant to Article 14, notwithstanding the proviso to Article 3 (1) of the Decree on Examination, he/she may omit consultation with the head of a central agency in charge of personnel management under Article 6 (1) of the Act.
(2) Where the competent Minister intends to conduct an employment examination for senior executives in general service pursuant to Article 14, notwithstanding Article 49-2 of the Decree on Examination, he/she may omit the composition and operation of its own committee for its self-inspection, the notification of the result of the examination, and notification of the findings if its self-inspection.
[This Article Newly Inserted by Presidential Decree No. 23107, Aug. 30, 2011]
 Article 14-5 (Methods of Competitive Employment Examinations, etc. for Experienced Personnel as Senior Executives in Fixed Term Position)
(1) Competitive employment examinations, etc. for experienced personnel as senior executives in a fixed term position shall be conducted by the competent Minister according to the method of document screening and interviews, and where he/she employs a senior executive in a fixed term position in a position in the highest grade of duties allocated pursuant to Article 23 of the Act, he/she shall conduct the examination according to the method of document screening.
(2) The competent Minister shall ensure that he/she employs senior executives in a fixed term position according to the method of competition based on the public announcement by establishing specific requirements for performing duties necessary to conduct affairs in a position in which applicants are expected to be employed: Provided, That the foregoing shall not apply to the following cases: <Amended by Presidential Decree No. 25751, Nov. 19, 2014>
1. Where a person is employed in a position in the highest grade of duties allocated pursuant to Article 23 of the Act;
2. Where the competent Minister holds consultations with the Minister of Personnel Management for special grounds, such as necessity to promptly fill vacancies or excess expenses incurred in conducting employment examinations.
(3) Articles 14-2 through 14-4 shall apply mutatis mutandis to the composition and operation of an examination committee for senior executives in a fixed term position, entrustment of employment examinations, prior consultations, the composition and operation of its own committee, and the notification of the result.
(4) Notwithstanding paragraphs (1) through (3), Article 5 of the Regulations on Opening and Open Recruitment Positions shall apply to competitive employment, etc. of experienced personnel as senior executives in a fixed term position in opening positions.
[This Article Newly Inserted by Presidential Decree No. 24923, Dec. 11, 2013]
 Article 15 (Employment of Senior Executives in Extraordinary Civil Service)
Article 14-5 (1) through (3) shall apply mutatis mutandis to methods of employment of senior executives in extraordinary civil service: Provided, That where a person is employed as a secretary, policy advisor, or senior executive in extraordinary civil service in an equivalent position, procedures for employment examinations, etc. may be omitted. <Amended by Presidential Decree No. 28220, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 24923, Dec. 11, 2013]
 Article 15-2 (Composition, Operation, etc. of Senior Executive Appointment Screening Committee)
(1) The Minister of Personnel Management shall become the chairperson of the Senior Executive Appointment Screening Committee (hereinafter referred to as the "Senior Executive Appointment Screening Committee") under Article 28-6 (1) of the Act, and the following persons shall become members thereof: <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 27996, Apr. 18, 2017>
1. One person appointed by the Minister of Personnel Management from among senior executives belonging to the Ministry of Personnel Management;
2. At least three persons but not exceeding seven persons commissioned by the Minister of Personnel Management from among the following:
(a) A person who has served at least three years in a Senior Executive Service position or equivalent position;
(b) A person who has served at least three years as an executive of a stock-listed corporation;
(c) A person who has conducted research or served in the field of public administration, political science, jurisprudence and in an academic field related thereto, or in an academic field related to science and technology for at least five years at a university or authorized research institute;
(d) A person who has served at least five years as a judge, public prosecutor, attorney-at-law, or journalist.
(2) The term of office of members prescribed in paragraph (1) 2 shall be three years, and they may be recommissioned only once.
(3) The chairperson shall convene meetings of the Senior Executive Appointment Screening Committee as necessary.
(4) The Senior Executive Appointment Screening Committee shall hold meetings when a majority of its incumbent members attend meetings, and shall pass resolutions with the concurrence of a majority of the members present (excluding a resolution whether a public official is eligible under Article 24).
(5) “Matters determined by Presidential Decree” in Article 28-6 (1) of the Act means the operational status of, or an improvement scheme for, the appointment system for senior executives. <Newly Inserted by Presidential Decree No. 27996, Apr. 18, 2017>
(6) Where a member under paragraph (1) 2 falls under any of the following, the Minister of Personnel Management may dismiss him/her: <Newly Inserted by Presidential Decree No. 26844, Dec. 31, 2015>
1. Where he/she becomes unable to perform his/her duties due to a mental or physical disability;
2. Where he/she commits any irregularity related to any of his/her duties;
3. Where he/she is deemed unsuitable as a member due to neglecting his/her duty, loss of dignity, or similar;
4. Where the member expresses that it is difficult for him/her to perform his/her duties.
[This Article Wholly Amended by Presidential Decree No. 21342, Feb. 27, 2009]
 Article 15-3 (Notification of Result and Request for Review)
(1) The Minister of Personnel Management shall immediately notify a person who has the authority to appoint or person who has the authority to recommend appointment, of the result of screening of the Senior Executive Appointment Screening Committee (excluding the notification of the result of examination of eligibility under Article 24; hereafter the same shall apply in this paragraph), and where the Minister of Personnel Management alters the order of priority determined by the person who has the authority to appoint or person who has the authority to recommend appointment as a result of the screening, he/she shall notify the person who has the authority to appoint or person who has the authority to recommend appointment, of the reason for the alteration thereof. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014>
(2) Where a person who has the authority to appoint or person who has the authority to recommend appointment has a special ground he/she cannot comply with the result of screening under paragraph (1), he/she may request the Senior Executive Appointment Screening Committee to conduct a review, specifying the ground therefor. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014>
[This Article Wholly Amended by Presidential Decree No. 21342, Feb. 27, 2009]
 Article 15-4 (Detailed Rules of Operation)
In addition to matters prescribed in this Decree, matters necessary for the composition and operation of the Senior Executive Appointment Screening Committee shall be prescribed by the Minister of Personnel Management. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014>
[This Article Wholly Amended by Presidential Decree No. 21342, Feb. 27, 2009]
 Article 16 (Promotion and Appointment to Positions in Senior Executive Service)
Where the competent Minister intends to promote and appoint a public official in general service to a Senior Executive Service position pursuant to Article 40-2 (1) of the Act, he/she shall select a number of persons equivalent to at least double the number but not exceeding triple the number of a position to which the pubic official is expected to be appointed through an ordinary promotion screening committee under Article 34-3 of the Decree on Appointment in consideration of their service record, capability, career, field of specialization, period of personnel exchange, personality, aptitude, etc. among candidates for the Senior Executive Service in the order of priority, and recommend that they be appointed to the position through the screening for promotion by the Senior Executive Appointment Screening Committee. <Amended by Presidential Decree No. 23107, Aug. 30, 2011>
[This Article Wholly Amended by Presidential Decree No. 21342, Feb. 27, 2009]
 Article 16-2 (Exceptions to Screening for Employment of Senior Executives)
(1) "Cases prescribed by Presidential Decree, such as cases where senior executives in career service are employed as senior executives in special career service or in other career service" means the following cases: <Amended by Presidential Decree No. 23107, Aug. 30, 2011; Presidential Decree No. 24923, Dec. 11, 2013; Presidential Decree No. 26871, Jan. 7, 2016; Presidential Decree No. 27996, Apr. 18, 2017; Presidential Decree No. 28220, Jul. 26, 2017>
1. Where a senior executive in career service (excluding a public official in a fixed term position; hereinafter the same shall apply) is employed as a senior executive in special or other career service;
2. Where a person who served as a senior executive in career service has become a senior executive in special career service, and such person is again employed as a senior executive in career service or in other special career service;
3. Where a senior executive in special career service is reappointed to the same position, or his/her term of contract is extended or renewed;
4. Where a person is employed as a secretary, policy advisor to the Minister, or senior executive in special career service in an equivalent position;
5. Where a local public official who served as a senior executive in general service is employed again as a senior executive in general service pursuant to subparagraph 5 of Article 13;
6. Where a person is employed as a senior executive in a fixed term position in a position in charge of affairs concerning emergency preparedness;
7. Where a person who served as a foreign service official belonging to the Senior Executive Service is employed again as a foreign service official belonging to the Senior Executive Service pursuant to Article 13 (1) 1 (b) of the Decree on Appointment of Foreign Service officials after he/she has become a local public official;
8. Where a person is employed as a senior executive under Article 16-3 (1).
(2) Notwithstanding paragraph (1), screening of the Senior Executive Appointment Screening Committee shall not be omitted in any of the following cases: Provided, That the foregoing shall not apply in cases falling under paragraph (1) 4: <Amended by Presidential Decree No. 24923, Dec. 11, 2013; Presidential Decree No. 26871, Jan. 7, 2016>
1. Where public officials are employed through examination by open recruitment pursuant to Articles 5 (1) and 15 (1) of the Regulations on Opening and Open Recruitment Positions;
2. Where public officials are employed through competition based on the public announcement after the formulation of specific requirements for performing duties necessary to conduct affairs in positions to which public officials are expected to be appointed pursuant to the main sentence of Article 14-5 (2) applied mutatis mutandis in the main sentence of Article 15;
3. Where public officials are employed in a Senior Executive Service position, whose grade of duties under Article 8 (2) of the Regulations on Analysis of Duties is grade A.
[This Article Newly Inserted by Presidential Decree No. 21342, Feb. 27, 2009]
 Article 16-3 (Exceptions to Employment of Retired Senior Executives in Career Service)
(1) Where a senior executive who retired as a public official in career service and has served as a public official in special career service or any other type of career service (excluding a public official in a fixed term position; hereafter the same shall apply in this Article), while serving in the position in accordance with the relevant employment, returns to the original competent agency (referring to the agency to which he/she belongs as at the time he/she retires; hereafter the same shall apply in this Article) and wants to immediately retire, the head of the original competent agency may employ him/her simultaneously with his/her retirement pursuant to Article 28 (2) 1 of the Act, only when he/she is deemed to have rendered distinguished service while in office.
(2) When employing a senior executive under paragraph (1), the head of the original competent agency may employ him/her, considering the separate fixed number even when there is no vacancy in the relevant agency.
(3) When employing a senior executive under paragraph (1), the head of the original competent agency may exempt him/her from employment examinations notwithstanding Article 14 and Article 14 of the Decree on Appointment of Foreign Service Officials and may require him/her to serve without position notwithstanding Article 18.
(4) Except otherwise provided for in paragraphs (1) and (2), matters necessary for the procedures for employment and retirement of retired senior executives in career service shall be determined by the Minister of Personnel Management.
[This Article Newly Inserted by Presidential Decree No. 27996, Apr. 18, 2017]
 Article 17 (Transfer of Public Officials in Research Service or Technical Advice Service to Positions in Senior Executive Service)
(1) Where the competent Minister intends to transfer senior researchers or senior technical advisors who are not senior executives to positions in the Senior Executive Service, he/she shall select the number of persons corresponding to the scope of vacancies through an ordinary promotion screening committee under Article 34-3 of the Decree on Appointment in consideration of their service records, capability, career, field of specialization, period of personnel exchange, personality, aptitude, etc. from among candidates for the Senior Executive Service, and recommend that they should be appointed to the position through consultation with the Minister of Personnel Management. <Amended by Presidential Decree No. 23107, Aug. 30, 2011; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014>
(2) "Positions prescribed by Presidential Decree" in subparagraph 6 of Article 5 of the Act means positions not falling under any of the following, to which senior researchers or senior technical advisors may be appointed:
1. Positions under subparagraph 1 (a) or (b), or 2 (b) of attached Table 2 of the Regulations on Senior Researchers and Senior Technical Advisors;
2. Positions under subparagraph 1 (a) or 2 (a) of attached Table 2-2 of the Regulations on Senior Researchers and Senior Technical Advisors.
[This Article Wholly Amended by Presidential Decree No. 21342, Feb. 27, 2009]
 Article 17-2 (Competitive Employment, etc. of Experienced Personnel Based on Personnel Exchange)
Article 24-4 of the Decree on Appointment of Foreign Service Officials shall apply mutatis mutandis to procedures, etc. for competitive employment, etc. of experienced personnel conducted by a central administrative agency in accordance with personnel exchange with the Ministry of Foreign Affairs pursuant to Article 13-4 of the Foreign Service Officials Act. <Amended by Presidential Decree No. 23107, Aug. 30, 2011; Presidential Decree No. 24425, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 21342, Feb. 27, 2009]
CHAPTER IV MANAGEMENT OF ASSIGNMENT TO POSITIONS, PERFORMANCE MANAGEMENT, ETC.
 Article 18 (Standards for Management of Assignment to Positions)
Except in any of the following cases, a person who has the authority to appoint or a person who has the authority to recommend appointment shall appoint senior executives under his/her jurisdiction to one Senior Executive Service position: <Amended by Presidential Decree No. 26871, Jan. 7, 2016>
1. Where he/she requires a public official to serve but unassigned to a position due to reorganization, etc. under Article 6 (3) of the Act;
2. Where the assignment to a position falls under any subparagraph of Article 43 (1) of the Decree on Appointment;
3. Where he/she requires a public official in career service, appointed to an opening position or an open recruitment position among positions in the Senior Executive Service under Articles 10 (5) and 19 (3) of the Regulations on Opening and Open Recruitment Positions to serve without being assigned to a position;
4. Where he/she requires a public official to serve without being assigned to a position pursuant to Article 17 of the Decree on Appointment of Resident Officers;
5. Where a public official is removed from his/her position pursuant to Article 73-3 of the Act;
6. Where he/she requires a public official to serve without being assigned to a position pursuant to Article 11 (1) 3 or 4, or 20 (1) 3 or 4 of the Regulations on Opening and Open Recruitment Positions;
7. Where he/she requires a public official to serve without being assigned to a position by replacing him/her with a supernumerary official for a reason under Article 45 (3) 6 or 7 (only applicable where the competent Minister deems it difficult for the public official to serve in the relevant position or in other position in such agency) of the Decree on Appointment in a situation in which there are supernumerary officials under the jurisdiction of each competent Minister;
8. Where the competent Minister deems a pubic official who serves in a position which is not an opening position or an open recruitment position among positions in the Senior Executive Service to be unsuitable to serve in the relevant position or in another position in the agency because he/she has been rated below average for at least one year in the performance appraisal, or problems related to his/her ability to conduct affairs, irregularities in business or dereliction of duty repeatedly occur, and requires the public official to serve without being assigned to a position: Provided, That where three months have not passed after the competent Minister was newly appointed, he/she shall not require the relevant senior executive to serve without being assigned to a position;
9. Where he/she requires a public official to serve without being assigned to a position for reasons under other statutes corresponding to reasons under subparagraphs 1 through 8.
[This Article Wholly Amended by Presidential Decree No. 21342, Feb. 27, 2009]
 Article 19 (Restrictions on Transfer to Other Positions)
Where a senior executive is transferred to another position, a senior executive who has received the highest rating in the performance appraisal for the last year shall not be transferred to a position, the difficulty of duties and responsibility level of which are lower than for the position in which he/she serves without his/her consent: Provided, That the foregoing shall not apply where the relevant public official is responsible for transfer to a lower position or the number of positions whose difficulty of duties and responsibility level are equal to those of the position in which he/she serves is reduced due to a change in the organization of the office or reduction in the fixed number.
[This Article Wholly Amended by Presidential Decree No. 21342, Feb. 27, 2009]
 Article 20 (Performance Appraisals of Senior Executives)
(1) Performance appraisals of senior executives serving in positions in the Senior Executive Service shall be in accordance with the appraisal of performance-based contracting, etc. under Article 4 of the Regulations on the Performance Evaluation, etc. of Public Officials (hereinafter referred to as "Regulations on the Performance Evaluation").
(2) An appraisal of performance-based contracting, etc. shall be rated as either exceptional, excellent, normal, unsatisfactory, or highly unsatisfactory according to an objective index, such as the degree of achievement of performance objectives of individuals.
(3) Notwithstanding Article 10 (3) of the Regulations on the Performance Evaluation, where a senior executive corresponds to certain requirements, such as the unsatisfactory achievement of performance objectives, lack of qualities, irregularities in business, or dereliction of duty, the competent Minister shall rate him/her as highly unsatisfactory, being the lowest rating of the ratings of performance-based contracting, etc. under paragraph (2). In such cases, specific reasons applicable to the unsatisfactory achievement of performance goals, lack of qualities, irregularities in business or dereliction of duty shall be prescribed by the competent Minister in accordance with standards prescribed by the Minister of Personnel Management. <Newly Inserted by Presidential Decree No. 26871, Jan. 7, 2016>
(4) Notwithstanding paragraph (1), where the competent Minister requires a senior executive in general service under his/her jurisdiction to serve without being assigned to a position for reasons under subparagraphs 1 through 4 of Article 18 or reasons corresponding thereto, he/she may conduct an appraisal of performance-based contracting, etc. pursuant to paragraph (1). In such cases, he/she may assign a task to the relevant public official for the appraisal of performance-based contracting, etc., and the period during which a task is assigned shall be deemed the period during which the relevant public official actually has served under Article 11 (1) of the Regulations on the Performance Evaluation.
[This Article Wholly Amended by Presidential Decree No. 21342, Feb. 27, 2009]
 Article 20-2 (Support for Improvement of Performance of Senior Executives)
(1) The Minister of Personnel Management shall endeavor to improve the performance of senior executives by supporting them so that they may continuously develop the ability necessary to successfully perform their duties, and maintain a desirable attitude as senior executives after their entry into the Senior Executive Service.
(2) The Minister of Personnel Management may operate a curriculum intended for senior executives to support the improvement of the performance of senior executives under paragraph (1).
(3) Where the Minister of Personnel Management operates a curriculum under paragraph (2), he/she may organize and operate an educational evaluation committee to objectively evaluate the results of completion of education of those subject to education. In such cases, he/she shall evaluate the result thereof as one of the ratings of excellent, normal, or unsatisfactory.
(4) The head of each administrative agency may dispatch senior executives under his/her jurisdiction pursuant to Article 32-4 (1) of the Act for the relevant senior executives to complete a curriculum operated by the Minister of Personnel Management pursuant to paragraph (2).
(5) Matters necessary to evaluate the operation of a curriculum and the result of completion of education, such as the particular details of the curriculum under paragraph (2) and matters concerning the organization and operation of the educational evaluation committee under paragraph (3) shall be prescribed by the Minister of Personnel Management.
[This Article Newly Inserted by Presidential Decree No. 26871, Jan. 7, 2016]
 Article 21 (Appointment of Senior Executives to Lower Ranks)
(1) The competent Minister shall not appoint any senior executive to a lower rank for the purpose of evading the examination of eligibility under CHAPTER V; where he/she appoints a senior executive to a lower rank, he/she shall appoint the senior executive as a public official of Grade III and appoint him/her to a position other than in the Senior Executive Service position.
(2) Where the competent Minister intends to promote and appoint persons appointed to a lower rank from senior executives (excluding a person appointed to a lower rank with his/her consent) to a Senior Executive Service position, the priority of appointment shall be in order of dates on which they were appointed to a lower rank where persons who were appointed to a lower rank are at least two, and the priority of appointment shall be in chronological order of when they were promoted and appointed to the former Senior Executive Service position where they were appointed to a lower rank on the same date.
(3) Where the competent Minister promotes and appoints public officials who were appointed to a lower rank with their prior consent pursuant to the proviso to Article 73-4 (2) of the Act, he/she shall maintain balance with other public officials expected to be promoted in consideration of their career experience and the human resources conditions in the relevant agency. In such cases, paragraph (2) shall apply mutatis mutandis to promotion and appointment where at least two public officials appointed to a lower rank.
[This Article Wholly Amended by Presidential Decree No. 21342, Feb. 27, 2009]
CHAPTER V EXAMINATION OF ELIGIBILITY
 Article 22 Deleted. <by Presidential Decree No. 20711, Feb. 29, 2008>
 Article 23 (Request, etc. for Examination of Eligibility)
(1) Where the competent Minister requests an examination of eligibility pursuant to Article 70-2 (6) of the Act, he/she shall make a request along with the following data: <Amended by Presidential Decree No. 25285, Apr. 1, 2014>
1. A written request for resolution on examination of eligibility in Form 1;
2. Printouts of personnel and performance records regarding a public official;
3. Relevant data that may evidence a public official’s period of service without being assigned to a position (only applicable where the period during which the public official served without being assigned to a position exists).
(2) Where the competent Minister requests an examination of eligibility, he/she shall immediately notify the relevant public official (hereinafter referred to as "person subject to examination of eligibility") of the fact that a request for examination of eligibility is made along with a copy of a written request for resolution on examination of eligibility under paragraph (1) 1; where a person subject to examination of eligibility deems a ground for requesting the examination of eligibility unlawful or unreasonable, he/she may submit a statement of reasons to the Minister of Personnel Management along with a copy of a document proving the fact. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014>
[This Article Wholly Amended by Presidential Decree No. 21342, Feb. 27, 2009]
 Article 24 (Resolution on Examination of Eligibility)
(1) Where the Minister of Personnel Management receives a written request for resolution on examination of eligibility for reasons under each subparagraph of Article 70-2 of the Act, the Senior Executive Appointment Screening Committee shall pass a resolution on whether a public official is eligible for appointment within 30 days: Provided, That where there are reasons beyond its control, the chairperson of the Senior Executive Appointment Screening Committee may extend the aforesaid period within 30 days, and where it is difficult to judge whether a public official is eligible for appointment because litigation related to a request for the examination of eligibility is pending, it may extend the period with the concurrence of a majority of its incumbent members, until final and conclusive judgment by the court. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25285, Apr. 1, 2014; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26871, Jan. 7, 2016>
(2) The Minister of Personnel Management shall inform a person subject to examination of eligibility, of the date and time for an examination of eligibility three days before the date on which the Senior Executive Appointment Screening Committee holds its meeting. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014>
(3) The Senior Executive Appointment Screening Committee shall ensure that it conducts an examination of eligibility through an examination in writing: Provided, That where the Senior Executive Appointment Screening Committee deems it necessary because a person subject to examination of eligibility has submitted a statement of reasons under Article 23 (2), it may require the person subject to examination of eligibility or his/her proxy, etc. designated by the competent Minister to attend its meeting, and hear his/her statement.
(4) The Senior Executive Appointment Screening Committee shall pass a resolution as to whether a public official is eligible for appointment with the concurrence of a majority of its incumbent members.
(5) The Senior Executive Appointment Screening Committee shall pass a resolution under paragraph (4) through a written resolution on the examination of eligibility in Form 2, and specify the fact which has become the cause for the examination of eligibility and grounds for judgment in the written resolution.
(6) The Minister of Personnel Management shall notify the competent Minister who has requested an examination of eligibility of the result of the examination of eligibility immediately after the Senior Executive Appointment Screening Committee completes the examination of eligibility so that he/she may take appropriate measures. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014>
[This Article Wholly Amended by Presidential Decree No. 21342, Feb. 27, 2009]
 Article 25 (Exclusion, Challenge, and Abstention)
(1) The chairperson of the Senior Executive Appointment Screening Committee, a current or former relative of a person subject to examination of eligibility among members, or an immediate superior of a person subject to examination of eligibility shall not participate in deliberation or resolution.
(2) Where a person subject to examination of eligibility has a reason for exclusion under paragraph (1) of the chairperson or a member, or circumstances exist making it difficult for him/her to expect a fair deliberation or resolution, he/she may file an application for challenge to such member, specifying the reasons therefor, and the member may abstain from deliberation or resolution.
(3) Where an application for challenge under paragraph is filed, the Senior Executive Appointment Screening Committee shall determine whether to challenge the relevant chairperson or member through its resolution. In such cases, the member to whom an application for challenge is filed shall not participate in the resolution.
(4) Notwithstanding Article 24 (4), matters concerning determination on whether to challenge the chairperson or member under paragraph (3) shall be resolved by a vote of a majority of incumbent members and with concurrence of a majority the members present.
[This Article Wholly Amended by Presidential Decree No. 21342, Feb. 27, 2009]
 Article 26 (Education and Training of Conditionally Eligible Persons, etc.)
(1) The competent Minister shall require a person determined as a conditionally eligible person (hereinafter referred to as "conditionally eligible person") pursuant to the proviso to Article 70-2 (3) of the Act to receive education and training (including a curriculum under Article 20-2 (2); hereinafter the same shall apply) for improvement of his/her service record and ability within one month from the date he/she is notified of the determination, or give him/her a research task and require him/her to perform such research task. In such cases, the period of performance of education and training and the research task shall be up to six months. <Amended by Presidential Decree No. 26871, Jan. 7, 2016>
(2) The competent Minister shall evaluate the performance of a conditionally eligible person within one month from the date he/she completes education and training or a research task given, and submit the result thereof to the Minister of Personnel Management: Provided, That where the competent Minister evaluates the performance of the conditionally eligible person who has completed a curriculum under Article 20-2 (2), he/she shall reflect the result of the evaluation conducted by an educational evaluation committee under Article 20-2 (3). <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26871, Jan. 7, 2016>
(3) An evaluation under paragraph (2) shall be rated as one of very excellent, excellent, normal, unsatisfactory or very unsatisfactory.
(4) Where a conditionally eligible person is rated lower than unsatisfactory as a result of evaluation under paragraphs (2) and (3), he/she shall be deemed to fall under Article 70-2 (1) 5 of the Act.
(5) In addition to matters prescribed in paragraphs (1) through (4), necessary matters concerning education and training of conditionally eligible persons, assignment of research tasks, evaluation, etc. shall be prescribed by the Minister of Personnel Management. <Amended by Presidential Decree No. 25751, Nov. 19, 2014>
[This Article Wholly Amended by Presidential Decree No. 25285, Apr. 1, 2014]
 Article 27 (Calculation of Period during which No Position Is Assigned)
(1) A period during which no position is assigned for reasons under subparagraphs 1 through 4 of Article 18 or similar reasons shall be included in a period under Article 70-2 (1) 3 of the Act only in any of the following cases: <Amended by Presidential Decree No. 26871, Jan. 7, 2016>
1. Where a period during which no position is assigned for reasons under subparagraphs 1 through 4 of Article 18 or similar reasons, lasts at least two months. In such cases, the period from the day after two months elapse shall be included in the period under Article 70-2 (1) 3 of the Act;
2. Where a senior executive in general service serving without being assigned to a position for reasons under subparagraphs 1 through 4 of Article 18 or reasons corresponding thereto fails to apply for the position without justifiable grounds, although a vacancy occurs in an opening position or an open recruitment position among positions in the Senior Executive Service under the jurisdiction of each competent Minister. In such cases, the period from the day after the expiration date of the period of open recruitment of the relevant position shall be included in the period under Article 70-2 (1) 3.
(2) Notwithstanding paragraph (1) 1, where a period falls under paragraph (1) 1 in extenuating circumstances, such as cases where a position to be assigned has been predetermined and two months have passed while procedures necessary to assign the relevant position are pending, the competent Minister may not include the period in the period under Article 70-2 (1) 3 of the Act in consultation with the Minister of Personnel Management. <Amended by Presidential Decree No. 26871, Jan. 7, 2016>
(3) A period during which a public official is not assigned to a position for reasons under subparagraphs 5 through 8 of Article 18 or similar reasons shall be included in the period under Article 70-2 (1) 3 of the Act from the date he/she is not assigned to the position: Provided, That where the relevant criminal case is determined not guilty in an investigation or by court ruling, which corresponds to a reason under subparagraph 7 of Article 18, such period shall be excluded from the calculation retroactive to the date on which he/she is determined not guilty.
(4) Where there is a period during which a senior executive in general service appointed pursuant to Article 13 was not assigned to a position pursuant to paragraph (3) as at the time he/she was serving in the former Senior Executive Service position, such period shall be included.
(5) Where a period during which a public official was not assigned to a position pursuant to paragraphs (1) through (3) is included in the period under Article 70-2 (1) 3 of the Act or excluded from the calculation, the competent Minister shall immediately notify the Minister of Personnel Management of the fact. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26871, Jan. 7, 2016>
[This Article Wholly Amended by Presidential Decree No. 21342, Feb. 27, 2009]
 Article 28 (Dismissal of Senior Executives in Extraordinary Civil Service on One's Own Authority)
Where a person who served as a senior executive in career service falls under Article 70-2 (1) 2 of the Act after he/she has been appointed as a senior executive in extraordinary civil service, the competent Minister may recommend his/her dismissal from office on his/her own authority except as otherwise prescribed by other statutes. In such cases, he/she shall be deemed to have received the lowest performance rating, which he/she received while he/she was serving as a senior executive in career service, while he/she is serving as a senior executive in extraordinary civil service.
[This Article Wholly Amended by Presidential Decree No. 24923, Dec. 11, 2013]
ADDENDA
Article 1 (Enforcement Decree)
This Decree shall enter into force on July 1, 2006.
Articles 2 (Transitional Measures concerning Curriculums and Competence Assessment of Candidates for Senior Executives)
(1) Persons who have completed a curriculum for candidates for the Senior Executive Service and passed a competence assessment prescribed by the Civil Service Commission before this Decree enters into force shall be deemed to have completed a curriculum for candidates for the Senior Executive Service or passed a competence assessment under this Decree.
(2) Where the competent Minister has consulted with the Civil Service Commission about the case where there is a special reason to consider a public official of Grade III who falls under any of the following as at the time this Decree enters into force to already have the ability as a senior executive, such public official may be exempt from a curriculum for candidates for the Senior Executive Service and from a competence assessment:
1. A person on detached service (including a resident officer in an overseas diplomatic mission) pursuant to Article 14 (1) of the Decree on Appointment;
2. A person on a leave of absence or serving without being assigned to a position after his/her return from detached service in a position under subparagraph 1;
3. A person serving in a Senior Executive Service position or equivalent position in the form of acting on behalf of the position holder or service support;
4. Any other person whom the competent Minister deems similar to a person under subparagraphs 1 through 3.
(3) Where the competent Minister deems that no person has completed a curriculum for candidates for the Senior Executive Service under the jurisdiction of each competent Minister in extenuating circumstances, or the number of persons who have completed a curriculum for candidates for the Senior Executive Service is less than vacancies in positions in the Senior Executive Service, and no eligible person meets requirements for performing duties in a vacant position among candidates for the Senior Executive Service from the enforcement date of this Decree to June 30, 2007, he/she may request the Competence Assessment Committee to conduct a competence assessment of a person who falls under any of the subparagraphs of Article 7 but has not completed a curriculum for candidates for the Senior Executive Service through consultation with the Civil Service Commission, and a person who has passed the competence assessment shall be deemed a candidate for the Senior Executive Service.
Articles 3 (Transitional Measures concerning Retired Officials at Level of Head of Office or Head of Bureau)
Where a person who retired from office after serving as a public official in general service in a position equivalent to a Senior Executive Service position before this Decree enters into force is specially employed pursuant to subparagraphs 1 and 3 of Article 13, he/she shall be deemed to have served in a Senior Executive Service position
Articles 4 Omitted.
ADDENDA <Presidential Decree No. 19603, Jun. 30, 2006>
(1) (Enforcement Decree) This Decree shall enter into force on July 1, 2006.
(2) through (4) Omitted.
ADDENDA <Presidential Decree No. 19885, Feb. 12, 2007>
Article 1 (Enforcement Decree)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 20339, Oct. 23, 2007>
This Decree shall enter into force on November 12, 2007.
ADDENDA <Presidential Decree No. 20368, Nov. 12, 2007>
Article 1 (Enforcement Decree)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 20711, Feb. 29, 2008>
Article 1 (Enforcement Decree)
This Decree shall enter into force on the date of its promulgation.
Articles 2 (Transitional Measures concerning Appointment, etc. of Senior Executives)
(1) Procedures for appointment under the former provisions followed as at the time this Decree enters into force, shall be deemed procedures for appointment followed pursuant to this Decree.
(2) Consultations held by the Civil Service Commission or deliberations conducted by the Senior Executive Service Screening Committee and announcements, established regulations, etc. issued by the Civil Service Commission in accordance with the former provisions at the time this Decree enters into force shall be deemed held or conducted by the Minister of Public Administration and Security or issued by the Senior Executive Appointment Screening Committee, respectively.
(3) Requests for consultation of the Civil Service Commission or for deliberation of the Senior Executive Service Screening Committee made by the competent Minister in accordance with the former provisions at the time this Decree enters into force shall be deemed made by the Minister of Public Administration and Security in accordance with the relevant provisions of this Decree, respectively.
Articles 3 Omitted.
ADDENDA <Presidential Decree No. 20787, May 21, 2008>
Article 1 (Enforcement Decree)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 20894, Jul. 3, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 21342, Feb. 27, 2009>
This Decree shall enter into force on March 1, 2009.
ADDENDA <Presidential Decree No. 21344, Mar. 12, 2009>
Article 1 (Enforcement Decree)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21409, Apr. 6, 2009>
Article 1 (Enforcement Decree)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21717, Sep. 8, 2009>
Article 1 (Enforcement Decree)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 22206, Jun. 15, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 23107, Aug. 30, 2011>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 6 (1), 13, 14, and 17-2 shall enter into force on January 1, 2012.
ADDENDA <Presidential Decree No. 23691, Mar. 30, 2012>
Article 1 (Enforcement Decree)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24425, Mar. 23, 2013>
Article 1 (Enforcement Decree)
This Decree shall enter into force on the date of its promulgation: Provided, That, among Presidential Decrees amended pursuant to Article 6 of Addenda, the amended provisions of Presidential Decrees promulgated before this Decree enters into force, but the dates on which they enetr into force have not arrived, shall enter into force on the enforcement dates of the relevant Presidential Decrees, respectively.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 24923, Dec. 11, 2013>
This Decree shall enter into force on December 12, 2013.
ADDENDA <Presidential Decree No. 25017, Dec. 24, 2013>
Article 1 (Enforcement Decree)
This Decree shall enter into force on January 1, 2014.
Articles 2 (Applicability to Requirements for Application for Competence Assessment)
The amended provisions of Article 9-2 shall begin to apply from the first person who files an application for competence assessment conducted after this Decree enters into force.
Articles 3 (Special Cases on Exclusion from Application to Requirements for Application for Competence Assessment)
Notwithstanding the amended provision of Article 9-2 (1), a public official who falls under any of the following, who is a public official of Grade IV or higher, may file an application for competence assessment even though he/she fails to meet any of the requirements for application for competence assessment under the amended provision of Article 9-2 (1): Provided, That public officials falling under the proviso to subparagraph 3 may apply for competence assessment only in cases where the competent Minister holds consultations with the Minister of Public Administration and Security in consideration of the formation of human resources, etc. of an agency to which they belong:
1. A public official of Grade III serving on detached service or on a leave of absence as at the time this Decree enters into force;
2. A public official of Grade IV who has completed a curriculum for candidates for the Senior Executive Service before this Decree enters into force;
3. A public official in whose case the period from the date of appointment to Grade IV to the enforcement date of this Decree is at least five years: Provided, That in cases of a public official who belongs to a government office that is a central administrative agency, the aforesaid period shall be at least three years.
ADDENDUM <Presidential Decree No. 25285, Apr. 1, 2014>
This Decree shall enter into force on April 8, 2014.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Decree)
This Decree shall enter into force on the date of its promulgation: Provided, That among Presidential Decrees amended pursuant to Article 5 of Addenda, the amended parts of Presidential Decrees promulgated before this Decree enters into force but the enforcement dates of which have not come shall enter into force on the enforcement dates of the relevant Presidential Decrees, respectively.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 26844, Dec. 31, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 26871, Jan. 7, 2016>
Article 1 (Enforcement Decree)
This Decree shall enter into force on the date of its promulgation.
Articles 2 (Applicability to Standards for Management of Assignment to Positions)
The amended provision of subparagraph 8 of Article 18 shall also apply to senior executives rated lower than medium grade in the performance appraisal for at least one year before this Decree enters into force, or in whose case problems related to the ability to conduct affairs, irregularities in duties, or dereliction of duty occur repeatedly.
Articles 3 (Applicability to Resolution on Examination of Eligibility)
The amended provision of the proviso to Article 24 (1) shall also apply to a resolution on the examination of eligibility under a written request for resolution on the examination of eligibility received before this Decree enters into force.
Articles 4 (Applicability to Calculation of Period during which Public Official Is not Assigned to Position)
The amended provision of Article 27 (1) 1 shall begin to apply from the first public official not assigned to a position for reasons under subparagraphs 1 through 4 of Article 18 or for reasons equivalent thereto after this Decree enters into force.
Articles 5 (Transitional Measures concerning Requirements for Qualification of Candidates for Senior Executive Service)
(1) A person who has become a candidate for the Senior Executive Service pursuant to the former provisions of Article 7 (1) before this Decree enters into force shall be deemed a candidate for the Senior Executive Service under the amended provision of Article 7 (1).
(2) Notwithstanding the amended provisions of Article 7 (1), where a person who falls under any of the following completes a curriculum under Article 8 and passes a competence assessment under Article 9, he/she shall become a candidate for the Senior Executive Service:
1. Among public officials of Grade III at the time this Decree enters into force, a person who has served less than two years in the relevant rank;
2. Among public officials of Grade IV at the time this Decree enters into force, a person who has served at least eight years in the relevant rank.
ADDENDA <Presidential Decree No. 26944, Feb. 3, 2016>
Article 1 (Enforcement Decree)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 27787, Jan. 10, 2017>
Article 1 (Enforcement Decree)
This Decree shall enter into force one month after the date of its promulgation.
Articles 2 through 3 Omitted.
ADDENDUM <Presidential Decree No. 27996, Apr. 18, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Decree)
This Decree shall enter into force on the date of its promulgation: Provided, That among the Presidential Decrees amended by Article 8 of the Addenda, amendments to the Presidential Decrees which were promulgated before this Decree enters into force but the enforcement date of which has not arrived yet shall enter into force on the enforcement date of the respective Presidential Decree.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 28220, Jul. 26, 2017>
Article 1 (Enforcement Decree)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.