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ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT AND OPERATION OF PUBLIC OFFICIALS' COUNCILS

Presidential Decree No. 15955, Dec. 31, 1998

Amended by Presidential Decree No. 19513, jun. 12, 2006

Presidential Decree No. 19806, Dec. 29, 2006

Presidential Decree No. 26349, jun. 30, 2015

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Act on the Establishment and Operation of Public Officials' Councils and matters necessary for the enforcement thereof.
 Article 2 (Scope of Agencies Eligible for Establishment)
(1) A unit of an agency that may establish a public officials' council (hereinafter referred to as "council") pursuant to Article 2 (2) of the Act on the Establishment and Operation of Public Officials' Councils (hereinafter referred to as the "Act") shall be an agency headed by a public official of Grade IV or higher (including a public official in general service belonging to the Senior Civil Service Corps) or equivalent public official: Provided, That in cases of an agency headed by a public official of Grade V or lower or equivalent public official, a council may be established through integration into a higher agency headed by a public official of Grade V or higher (including a public official in general service belonging to the Senior Civil Service Corps) or equivalent public official, as determined by the head of its central administrative agency, taking into account the number of public officials belonging thereto, geographical characteristics, etc. <Amended by Act No. 19513, Jun. 12, 2006>
(2) No council composed of at least two units of agencies referred to in paragraph (1), nor any union of councils, shall be established.
 Article 3 (Public Officials Prohibited from Joining Council)
(1) The scope of public officials prohibited from joining a council pursuant to Article 3 (2) of the Act shall be as follows: <Amended by Act No. 19806, Dec. 29, 2006; Act No. 26349, Jun. 30, 2015>
1. A public official allowed to participate in labor movement: A pubic official actually engaged in labor pursuant to the proviso to Article 66 (1) of the State Public Officials Act or Article 28 of the State Public Officials Service Regulations;
2. A public official in a directing and supervisory role: A public official authorized to direct and supervise other public officials in accordance with any statute, directive, or division of duties (including a person acting on behalf of such person);
3. A public official engaged in personnel management: A public official who performs the affairs related to the appointment defined in subparagraph 1 of Article 2 of the Decree on the Appointment of Public Officials (excluding a person who assists with simple work such as material organization and typewriting) as his/her main duty;
4. A public official engaged in budgeting, accounting, and commodity accounting: A public official who performs any of the duties prescribed in the National Finance Act or the Commodity Management Act (excluding a person who assists with simple work such as material organization and typewriting) as his/her main duty;
5. A public official engaged in secretarial duties: A public official who actually performs secretarial duties;
6. A public official engaged in confidential duties: A public official who performs confidential duties, such as diplomacy, military affairs, audit, inspection, investigation, prosecutory affairs, immigration control, and cable exchange service;
7. A public official engaged in security and guard services: A public official who performs security and guard services for a specific person or facility, for the purpose of public safety, in an agency or department that manages government office buildings, a correctional facility, protection facility, etc.;
8. A public official engaged in driving vehicles: A public official who drives an exclusive passenger vehicle referred to in Article 4 (1) of the Regulations on Management of Public Motor Vehicles (in cases of a local government or its subordinate institution, referring to an exclusive passenger vehicle corresponding thereto) as his/her main duty;
9. A public official engaged in other similar affairs: A public official who performs affairs related to a council.
(2) The head of an agency (referring to the head of an agency where a council is established under Article 2 (1); hereafter the same shall apply) shall designate and publicly announce positions or duties of public officials prohibited from joining a council, among positions and duties of the public officials belonging to the relevant agency (in cases falling under the proviso to Article 2 (1), including its subordinate institutions; hereinafter the same shall apply). In such cases, the methods of designation and public announcement thereof shall be determined by the head of the agency.
 Article 4 (Establishment of Council)
(1) A public official who intends to establish a council shall post, for at least seven days, an announcement stating objectives of establishment, date, time, and venue of an inaugural general meeting, the promoters, etc. at a place where affiliated public officials can see.
(2) Where at least two inaugural general meetings are being prepared in the same agency, the head of the relevant agency may coordinate with the promoters thereof, to hold only one inaugural general meeting.
(3) Notification of establishment of a council under Article 2 (3) of the Act shall be made in attached Form 1.
(4) Upon receipt of a notification of establishment under paragraph (3), the head of an agency shall issue a certificate of establishment of a public officials' council in attached Form 2 within three days: Provided, That where any supplementation is necessary due to omission of matters to be entered in the notification of establishment, incompleteness of any appended document, etc., he/she may request such defects to be corrected in attached Form 3 within a fixed period not exceeding 20 days, and shall issue a certificate of establishment of a public officials' council after such correction is made by the representative for preparation of establishment.
(5) A council shall be deemed established on the date on which a certificate of establishment of the public officials' council is issued.
 Article 5 (Regulations of Council)
For the autonomous and democratic operation of councils, each council shall establish regulations of the council prescribing the following matters:
1. Name;
2. Purposes and business;
3. Matters concerning the number of consultative members;
4. Matters concerning election of the representative and consultative members, their terms of office, time for electing their successors, etc.;
5. Matters concerning members;
6. Matters concerning meetings;
7. Matters concerning the amendment of regulations of the council;
8. Matters concerning rules;
9. Matters concerning accounting;
10. Matters concerning dissolution.
 Article 6 (Joining and Secession from Council)
(1) A public official who intends to join or secede from a council shall submit an application for joining (secession) in attached Form 4 to the representative of the council.
(2) When a public official who has joined a council becomes a public official prohibited from joining a council due to promotion, transfer, change in division of duties, etc., he/she shall be deemed to have seceded from the council on the date on which the relevant personnel order is issued or the segregation of duties is changed.
(3) The department that has issued a personnel order or changed division of duties under paragraph (2) shall notify the council of such change.
 Article 7 (Representative and Consultative Members of Council)
(1) The representative and consultative members of a council shall be elected from the public officials who have joined the council of the relevant agency, and the number of consultative members thereof shall not exceed nine persons.
(2) A council shall elect consultative members taking into account the job classification, positions, gender ratio, etc. of its members.
(3) The terms of office of the representative and consultative members of a council shall be prescribed by regulations of the council, and they shall not exceed two years and may be renewed.
(4) When the representative or a consultative member of a council is replaced due to disqualification for joining or other reasons, the term of office of his/her successor shall be the remaining term of office of his/her predecessor: Provided, That the same shall not apply where the remaining term of office does not exceed three months.
 Article 8 (Consultation between Council and Head of Agency)
(1) A council and the head of an agency shall engage themselves in consultation on the basis of mutual fidelity.
(2) A council and the head of an agency shall hold regular consultations biannually: Provided, That they may hold a consultation anytime, if necessary.
(3) The representative of a council who intends to consult with the head of an agency shall request the head of the agency with regard thereto in writing, stating the matters he/she intends to discuss, by not later than seven days prior to the date of consultation.
(4) The head of an agency shall consult directly with the council: Provided, That in extenuating circumstances in the performance of official duties, he/she may designate a proxy and delegate to him/her the authority to hold consultation.
(5) In principle, a consultation between a council and the head of an agency shall be made public: Provided, That it shall not be made public if so agreed between the council and the head of the agency.
(6) A council and the head of an agency may each have one secretary, who shall take charge of such affairs as recording of council business.
(7) When a council consults with the head of an agency, minutes stating the following matters shall be prepared and kept for three years:
1. Date, time, and venue of the consultation;
2. The head of an agency (including his/her proxy), the representative, and consultative members of the council who attended the consultation;
3. Details of consultation and matters agreed;
4. Other matters discussed.
 Article 9 (Public Announcement and Performance of Agreed Matters)
(1) Any agreement between a council and the head of an agency shall be made in writing, and agreed matters shall be notified to affiliated public officials.
(2) A council and the head of an agency shall endeavor to perform the agreed matters to the maximum extent possible.
 Article 10 (Duties of Council)
(1) A council shall manage regulations of the council, a register of consultative members, a register of members, and minutes.
(2) If any change is made to the representative, consultative members, or regulations of the council, the council shall notify the head of the relevant agency without delay, and if any change is made to its members, it shall notify the head of an agency thereof every half year.
(3) When a council is dissolved, its representative shall notify the head of the relevant agency thereof within 15 days from the date of dissolution. <Newly Inserted by Act No. 26349, Jun. 30, 2015>
 Article 11 (Restrictions on Conducting Council Affairs During Working Hours)
In principle, affairs necessary for the operation of a council shall be performed during off-duty hours: Provided, That any consultation between a council and the head of an agency may be held during working hours, if mutually agreed.
 Article 12 (Prohibition of Public Officials Working Exclusively for Council)
A council shall not have any public official who exclusively engages in the affairs of the council.
 Article 13 (Support to Council)
If requested by a council, the head of an agency may allow the council to use meeting space, office equipment, etc. of the relevant agency for conducting council affairs.
ADDENDUM
This Decree shall enter into force on January 1, 1999.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 19806, Dec. 29, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2007.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 26349, Jun. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Notification of Dissolution of Council)
The amended provisions of Article 10 (3) shall apply beginning with a council dissolved after this Decree enters into force.