REGULATIONS ON THE PERFORMANCE EVALUATION OF PUBLIC OFFICIALS
Wholly Amended by Presidential Decree No. 19187, Dec. 26, 2005
Amended by Presidential Decree No. 19513, jun. 12, 2006
Presidential Decree No. 20741, Feb. 29, 2008
Presidential Decree No. 20787, May 21, 2008
Presidential Decree No. 21945, Dec. 31, 2009
Presidential Decree No. 23101, Aug. 29, 2011
Presidential Decree No. 24425, Mar. 23, 2013
Presidential Decree No. 24920, Dec. 11, 2013
Presidential Decree No. 25000, Dec. 16, 2013
Presidential Decree No. 25039, Dec. 30, 2013
Presidential Decree No. 25471, Jul. 16, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 26819, Dec. 30, 2015
Presidential Decree No. 27787, Jan. 10, 2017
CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to provide the matters concerning work performance ratings, career ratings, ratings in granting additional points, and other performance evaluations, etc. for public officials in order to improve performance of agencies at various levels and develop the capabilities of public officials pursuant to Articles 40, 40-2 (4) and 51 of the State Public Officials Act. [This Article Wholly Amended by Presidential Decree No. 21945, Dec. 31, 2009]
| Article 2 (Scope of Application) |
This Decree shall apply to the state public officials in general service (including public officials in research service, public officials in technical advice service, and public officials in professional service): Provided, That Articles 23 through 27, 29, and 30 shall not apply to public officials in fixed term positions. <Amended by Act No. 24920, Dec. 11, 2013; Act No. 27787, Jan. 10, 2017> [This Article Wholly Amended by Presidential Decree No. 21945, Dec. 31, 2009]
| Article 3 (Definitions) The terms used in this Decree shall be defined as follows: |
| 1. | The term “performance objective” refers to a desirable condition which the service of each public official is to reach at the time of termination of any period subject to work performance rating; |
| 2. | The term “performance index” refers to standards for the measurement of whether performance objectives have been achieved; |
| 3. | The term “performance interview” refers to an act of exchanging opinions between an evaluatee and an evaluator on the establishment of performance objectives, the process of pursuit thereof, the evaluation of the results, the feedback of the results of the evaluation, and so forth; |
| 4. | The term “performance agreement" refers to an agreement reached between an evaluatee and an evaluator on performance objectives, the performance index, the use of evaluation results, and so forth. |
[This Article Wholly Amended by Presidential Decree No. 21945, Dec. 31, 2009]
| Article 4 (Types of Work Performance Ratings) |
Work performance ratings under Article 51 of the State Public Officials Act (hereinafter referred to as “the Act”) shall be divided into an evaluation according to evaluation items of Article 7-2 (hereinafter referred to as an “evaluation of performance agreement, etc.”) and an evaluation of job performance and capabilities (hereinafter referred to as an “evaluation of work performance”). [This Article Wholly Amended by Presidential Decree No. 21945, Dec. 31, 2009]
| Article 5 (Timing for Evaluation) |
| (1) | Th base date for the evaluation of performance agreement, etc. shall be December 31. |
| (2) | The evaluations of work performance shall be conducted by dividing them into a regular evaluation and an occasional evaluation, and career ratings shall be conducted by dividing them into a regular rating and an occasional rating. |
| (3) | The base dates for a regular evaluation or regular rating under paragraph (2) shall be June 30 and December 31: Provided, That if deemed necessary, the competent Minister may determine any dates different from above mentioned ones as the base dates for a regular evaluation or regular rating, and may also conduct a regular evaluation or regular rating just one time a year. In this case, the evaluation period shall still remain the same. |
| (4) | An occasional evaluation or occasional rating under paragraph (2) shall be conducted where a cause for adjustment of a list of candidates for promotion under Article 29 arises, but the base date for an occasional evaluation (limited to cases where there is any public official for whom an evaluation of work performance has been conducted pursuant to Article 17) shall be the date of adjustment of the list of candidates for promotion, and that for an occasional rating shall be the date of a regular rating. |
[This Article Wholly Amended by Presidential Decree No. 21945, Dec. 31, 2009]
| Article 6 (Improvement, Dissemination, etc, of Evaluation Techniques) |
| (1) | The Minister of Personnel Management shall improve and disseminate evaluation techniques, etc. so that agencies at various levels may conduct performance evaluations for public officials in a reasonable manner. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014> |
| (2) | The Minister of Personnel Management may review the adequacy of the performance evaluation system operated by an agency at each level through investigation, etc. into the actual operation status of the system for the performance evaluation of public officials, and provide support necessary therefor. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014> |
| (3) | If deemed necessary, the competent Minister may develop and operate evaluation techniques suitable for the characteristics of respective agencies under his/her jurisdiction and provide them with support necessary therefor to improve the adequacy of the operation of the performance evaluation system. <Newly Inserted by Presidential Decree No. 23101, Aug. 29, 2011> |
[This Article Wholly Amended by Presidential Decree No. 21945, Dec. 31, 2009]
| Article 6-2 (Formulation of Plan for Performance Evaluation and Performance Improvement) |
| (1) | The competent Minister shall formulate a plan for performance evaluation and performance improvement of public officials under his/her control every year and notify the Minister of Personnel Management of such plan by March 31. |
| (2) | A plan under paragraph (1) shall include performance evaluations, such as work performance ratings for pubic officials under the control of the competent Minister, performance interviews with them, and the use of the results of such evaluations, and a plan to take measures to deal with persons with poor performance. |
[This Article Newly Inserted by Presidential Decree No. 26819, Dec. 30, 2015]
| Article 6-3 (Education, etc. of Evaluators) |
| (1) | The competent Minister shall conduct education on evaluation items, evaluation methods, etc., for evaluators before commencement of work performance ratings. |
| (2) | Where the competent Minister deems it necessary, he/she may verify or examine the results of evaluations conducted by evaluators. |
| (3) | The competent Minister may reflect the results of verification or examination performed pursuant to paragraph (2) in the work performance ratings, promotion, or management of positions of evaluators. |
[This Article Newly Inserted by Presidential Decree No. 26819, Dec. 30, 2015]
CHAPTER II WORK PERFORMANCE RATINGS
SECTION 1 Evaluation of Performance Agreement, etc.
| Article 7 (Persons Subject to Evaluation) |
Work performance ratings for public officials of Grade IV or higher rank (including public officials who belong to the senior civil service corps); senior research officials; senior technical advice officials (excluding senior research officials and senior technical advice officials under Article 9 of Regulations of the Appointment, etc. of Public Officials Engaged in Research Service and Technical Advice Service); and senior professional service officials shall be based on evaluations of performance agreements, etc.: Provided, That with respect to those who are deemed appropriate for such evaluation among public officials of Grade V or lower rank and public officials in postal service, the competent Minister may also conduct an evaluation of performance agreement, etc. <Amended by Presidential Decree No. 24920, Dec. 11, 2013; Act No. 27787, Jan. 10, 2017>
[This Article Wholly Amended by Presidential Decree No. 21945, Dec. 31, 2009]
| Article 7-2 (Evaluation Items) |
The competent Minister may choose one or more of the following as evaluation items: the level of attainment of performance objectives, the results of evaluation of the operation by unit of department, and the results of evaluation on qualities or capabilities related to the performance of duties.
[This Article Wholly Amended by Presidential Decree No. 21945, Dec. 31, 2009]
| Article 8 (Evaluators and Verifiers) |
| (1) | An evaluator who conducts an evaluation of performance agreement, etc. shall be designated by the competent Minister from among supervisors who are higher than or superior to the public officials subject to evaluation and are able to observe the process or results of their performance of duties, and a verifier shall be designated by the competent Minister from among supervisors who are higher than or superior to the evaluator: Provided, That the competent Minister may, if deemed necessary due to the characteristics of any evaluation items, designate different evaluators or verifiers for such items, and may, if there is no supervisor higher than or superior to the evaluator, omit to designate a verifier. |
| (2) | Where the competent Minister designates two or more evaluators or verifiers pursuant to the proviso to paragraph (1), he/she shall designate an evaluator or verifier who concludes performance agreements under Article 9, conducts performance interviews under Article 20, discloses the results of evaluations under Article 21, and addresses any objection thereagainst. |
[This Article Wholly Amended by Presidential Decree No. 21945, Dec. 31, 2009]
| Article 9 (Conclusion of Performance Agreements) |
| (1) | The competent Minister shall require an evaluator to conclude performance agreements with the public officials subject to evaluation (referring to public officials subject to evaluation of performance agreement, etc.; hereafter the same shall apply in this section) on the basis of the duties, etc, of the relevant agency during the evaluation period. |
| (2) | The competent Minister may, where it is necessary to modify the content of a performance agreement due to any internal or external factor of the relevant organization, modify the content of the performance agreement, as agreed by the parties thereto. |
| (3) | Notwithstanding paragraphs (1) and (2), the competent Minister may otherwise determine methods, contents, etc. for concluding an agreement for performance evaluation if he/she is either to exclude the level of attainment of performance objectives from the evaluation items under Article 7-2 or to include it as part of such items. |
[This Article Wholly Amended by Presidential Decree No. 21945, Dec. 31, 2009]
| Article 10 (Evaluation Methods) |
| (1) | An evaluation of performance agreement, etc. shall be conducted in consideration of the level of attainment of performance objectives in the performance agreement for duties which the relevant public officials subject to evaluation are in charge of during the evaluation period, and the number of evaluation grades shall be three or more. |
| (2) | The level of attainment, etc. of performance objectives in the performance agreements under paragraph (1) shall be evaluated in a manner of evaluating the results of propulsion of performance objectives achieved by the relevant public officials subject to evaluation during the evaluation period according to such evaluation index or the standards for evaluation as designed in conformity with the characteristics of respective evaluation items under Article 7-2. |
| (3) | Where evaluating performance agreements, etc, pursuant to paragraphs (1) and (2), they may be evaluated in consideration of the importance and difficulties of respective performance objectives, and matters concerning the qualities, attitudes, etc., of the relevant public officials subject to evaluation, and the lowest grade may be given to public officials who meet the requirements prescribed by the competent Minister, including committing any misconduct in connection with his/her duties. <Amended by Presidential Decree No. 26819, Dec. 30, 2015> |
| (4) | Requirements to give the lowest grade to public officials pursuant to paragraph (1) and matters necessary for specific procedures, etc. for cases where the lowest grade is given shall be prescribed by the competent Minister in consideration of such standards and scope as prescribed by the Minister of Personnel Management. <Newly Inserted by Presidential Decree No. 26819, Dec. 30, 2015> |
| (5) | With respect to the evaluation of performance agreements, etc. for public officials who belong to the Senior Civil Service Corps, the distribution ratios of persons by evaluation grade shall be determined by the competent Minister. In this case, the persons belonging to the highest grade and the persons belonging to the two lowest grades (referring to the grades of “inadequate” and “very inadequate” under Article 20 (2) of the Regulations on the Personnel Management of the Senior Civil Service Corps) shall comprise no more than the top twenty percent and no less than the bottom ten percent of the whole public officials subject to evaluation, respectively. |
[This Article Wholly Amended by Presidential Decree No. 21945, Dec. 31, 2009]
| Article 11 (Exceptions to Evaluation) |
| (1) | Where the actual service period of any public official subject to evaluation during the evaluation period is less than two months due to his/her leave of absence, release from his/her position, or other cause, the competent Minister shall not conduct an evaluation of performance agreement, etc. for him/her. <Amended by Presidential Decree No. 26819, Dec. 30, 2015> |
| (2) | For any public officials subject to evaluation who are dispatched to other agencies, the competent Minister shall evaluate them by utilizing the result of evaluations of the agencies to which they are dispatched. |
[This Article Wholly Amended by Presidential Decree No. 21945, Dec. 31, 2009]
SECTION 2 EVALUATION OF WORK PERFORMANCE
| Article 12 (Persons Subject to Evaluation of Work Performance) |
[This Article Wholly Amended by Presidential Decree No. 21945, Dec. 31, 2009]
| Article 13 (Evaluators and Verifiers) |
| (1) | An evaluator who conducts the evaluation of work performance shall be designated by the competent Minister from among supervisors who are higher than or superior to the public officials subject to evaluation and are able to observe the process or results of their performance of duties, and a verifier shall be designated by the competent Minister from among supervisors who are higher than or superior to the evaluator: Provided, That if deemed necessary due to the characteristics of any evaluation items, the competent Minister may otherwise designate evaluators or verifiers for part of such items, and if there is no supervisor higher than or superior to such evaluator, may choose not to designate a verifier. |
| (2) | Where designating at least two evaluators or verifiers pursuant to the proviso of paragraph (1), the competent Minister shall designate who will handle selection of performance objectives under Article 15, performance interviews under Article 20, disclosure of the results of evaluations and objections thereto under Article 21. |
[This Article Wholly Amended by Presidential Decree No. 21945, Dec. 31, 2009]
| Article 14 (Evaluation Items, etc. in Evaluations of Work Performance) |
| (1) | Evaluation items in the evaluation of work performance shall include job performance and workplace capabilities, and where the competent Minister deems it necessary, he/she may add attitude in performance of duties or results of an evaluation of the operation of each department unit to such evaluation items within the scope determined by the Minister of Personnel Management. <Amended by Presidential Decree No. 23101, Aug. 29, 2011; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014> |
| (2) | Evaluation components by evaluation item under paragraph (1) shall be determined by the competent Minister, in reflection of characteristics of the duties by grade, department, or service field. In such cases, he/she shall ensure that evaluation components are relevant to the duties performed by the public officials subject to evaluation and that evaluations of work performance are conducted objectively. |
| (3) | The evaluation of work performance shall be conducted for each evaluation unit by class, and the competent Minister may otherwise determine evaluation units by taking into account the similarities of duties, the number of persons by class, etc. |
[This Article Wholly Amended by Presidential Decree No. 21945, Dec. 31, 2009]
| Article 15 (Selection of Performance Objectives) |
The competent Minister shall allow public officials subject to evaluation (referring to public officials subject to work performance evaluation under Article 12; hereafter the same shall apply in this section) to select performance objectives, etc. in consultation with their evaluators and verifiers on the basis of duties, etc. of the relevant agencies during the evaluation period: Provided, That this shall not apply where there exists any inevitable reason, including where the duties conducted by any public officials are not suitable for selecting performance objectives due to their simplicity and repetitiveness. [This Article Wholly Amended by Presidential Decree No. 21945, Dec. 31, 2009]
| Article 16 (Methods for Evaluation of Work Performance) |
| (1) | An evaluator shall, in consultation with a verifier, conduct work performance evaluations for public officials subject to evaluation by evaluation unit, in consideration of job performance, workplace capabilities, etc. of such public officials during the evaluation period, and shall conduct such evaluations taking into account the level of attainment of performance objectives, etc. of the said public officials, and the evaluator may give the lowest grade to public officials who meet the requirements prescribed by the competent Minister, including committing any misconduct in connection with his/her duties. <Amended by Presidential Decree No. 26819, Dec. 30, 2015> |
| (2) | Requirements to give the lowest grade to public officials pursuant to paragraph (1) and necessary matters concerning specific procedures, etc. for cases where the lowest grade is given shall be prescribed by the competent Minister in consideration of such standards and scope as prescribed by the Minister of Personnel Management. <Newly Inserted by Presidential Decree No. 26819, Dec. 30, 2015> |
| (3) | The evaluation grades shall be three or more, and evaluations shall be conducted so that the persons belonging to the highest grade and the persons belonging to the lowest grade may comprise the top twenty percent and the bottom ten percent of all persons evaluated, respectively: Provided, That the competent Minister may otherwise determine distribution ratios for those persons belonging to the highest or lowest grade if deemed necessary. |
| (4) | Evaluators and verifiers shall submit the results of work performance evaluations to the work performance evaluation committee under Article 18. |
| (5) | Work performance evaluations of public officials under the proviso to Article 7 shall be conducted in consideration of the results of evaluations of performance agreements, etc. |
[This Article Wholly Amended by Presidential Decree No. 21945, Dec. 31, 2009]
| Article 17 (Exceptions to Work Performance Evaluation) |
| (1) | Where the actual service period of any public official subject to evaluation during the period subject to rating is less than one month due to his/her leave of absence, release from his/her position, or any other similar reason, an evaluation of work performance of him/her shall not be conducted: Provided, That in cases of conducting an evaluation of work performance just one occasion a year pursuant to the proviso of Article 5 (3), an evaluation of work performance shall not be conducted for a public official whose actual service period is less than two months. |
| (2) | Where a public official subject to evaluation is newly employed or promoted, a performance evaluation for him/her shall be conducted on the day of the first regular evaluation conducted after two months of such employment or promotion: Provided, That where a demoted public official is promoted, such evaluation shall be conducted immediately on the basis of the evaluation received at the time he/she was at the previous class immediately before the demotion, and where a public official subject to evaluation is demoted, such evaluation shall be conducted on the day of the first regular evaluation conducted after one month elapses, excluding three months during which he/she is suspended from office. <Amended by Presidential Decree No. 26819, Dec. 30, 2015> |
| (3) | Where a public official subject to evaluation has concurrently taken any office of a state agency or local government or has been dispatched to work at any such agency as specified by the Minister of Personnel Management, for not less than one month, an evaluation for the said public official shall be conducted in reflection of the opinions of the agency where he/she concurrently holds an office or to which he/she is dispatched. In such cases, an evaluation for dispatched public officials shall be conducted in a separate evaluation unit, and such separate evaluation may be omitted where the number of public officials by class is not more than three. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26819, Dec. 30, 2015> |
| (4) | Where it is impossible to conduct an evaluation of work performance of a public official subject to evaluation because he/she falls under any of the following during the evaluation period, the average of the recent two evaluations of work performance of the said public official shall be deemed the results of the evaluations thereof until the first regular evaluation is conducted after he/she has returned to duties: <Amended by Presidential Decree No. 23101, Aug. 29, 2011; Presidential Decree No. 26819, Dec. 30, 2015> |
| 4. | Where he/she is dispatched to an agency, other than agencies referred to in paragraph (3); |
| 5. | Where the competent Minister deems that an evaluation of work performance of him/her cannot be conducted due to any unavoidable cause. |
| (5) | Where a public official subject to evaluation has been transferred to a position of another agency whose competent Minister or list of candidates for promotion under Article 29 is different from that of his/her original agency, the results of former evaluations of his/her work performance shall be transferred to the agency without delay: Provided, That where a regular evaluation is scheduled to be conducted within one month after the said public official has been transferred to the position, the agency at which he/she worked previously shall conduct an evaluation of his/her work performance for the period before the date of the transfer and send the results thereof to the agency to which he/she has been transferred, and the agency shall conduct an evaluation for him/her in consideration of the results of the evaluation sent. |
| (6) | Where a public official has been transferred to another office, evaluations of work performance he/she received at the original class or position shall be deemed his/her evaluations. <Amended by Presidential Decree No. 24920, Dec. 11, 2013> |
| (7) | Where a local public official has been appointed as a state public official pursuant to Article 28 (2) 7 of the State Public Officials Act, the evaluations of work performance he/she received at the relevant class or position at the time he/she worked as a local public official shall be deemed his/her evaluations. <Amended by Presidential Decree No. 24920, Dec. 11, 2013> |
[This Article Wholly Amended by Presidential Decree No. 21945, Dec. 31, 2009]
| Article 18 (Work Performance Evaluation Committee) |
| (1) | A work performance evaluation committee (hereinafter referred to as the “Committee”) shall be established within each agency which is to prepare a list of candidates for promotion under Article 29, in oder to determine the points granted for the evaluation of work performance of public officials subject to evaluation in consideration of the results of evaluations of their work performance and addresses affairs concerning adjustments of, objections against, and other similar matters regarding the results of evaluations of work performance. |
| (2) | The Committee shall comprise at least five members designated by the appointing authority from among supervisors with higher ranks or levels than the public official subject to evaluation, and where the number of such supervisors is insufficient, it may comprise two or more members. |
| (3) | Methods for appointment of the chairperson of the Committee and other matters necessary for the operation thereof shall be determined by the competent Minister. |
| (4) | The Committee shall assign points in the evaluation of work performance by class or rank of public officials according to any of the following methods, based on the results of evaluations of work performance of public officials subject to evaluation submitted for each evaluation unit, and 70 points shall constitute a perfect score on the evaluation: <Amended by Presidential Decree No. 26819, Dec. 30, 2015> |
| 1. | Method of awarding the same points in the evaluation of work performance within the same grade; |
| 2. | Method of awarding points by dividing them into multiple equal point units within the same grade; |
| 3. | Method of awarding points to distribute score differences evenly within the same grade. |
| (5) | Points in the evaluation of work performance under paragraph (4) shall be awarded by dividing them into at least three grades, based on the results submitted for each evaluation unit so that the persons belonging to the highest grade and the persons belonging to the lowest grade may comprise the top twenty percent and the bottom ten percent of the whole public officials belonging to the same class or rank, respectively: Provided, That the competent Minister may otherwise determine distribution ratios for those persons belonging to the highest or lowest grade if deemed necessary. <Amended by Presidential Decree No. 26819, Dec. 30, 2015> |
| (6) | Notwithstanding paragraphs (4) and (5), where the Committee gives the lowest grade in an evaluation unit pursuant to Article 16 (1), it shall make sure to award the points corresponding to the lowest grade. <Newly Inserted by Presidential Decree No. 26819, Dec. 30, 2015> |
| (7) | In addition to matters prescribed in paragraphs (1) through (6), necessary matters concerning methods of and procedures for awarding points in the evaluation of work performance shall be prescribed by the Minister of Personnel Management. <Newly Inserted by Presidential Decree No. 26819, Dec. 30, 2015> |
[This Article Wholly Amended by Presidential Decree No. 21945, Dec. 31, 2009]
| Article 19 (Autonomous Design and Operation of Systems for Evaluations of Work Performance) |
Except as provided for in Articles 12 through 18, the competent Minister may separately determine such matters concerning the design, operation, etc. of the systems for evaluations of work performance as are necessary to be separately provided in consideration of the characteristics of the duties of respective agencies. [This Article Wholly Amended by Presidential Decree No. 21945, Dec. 31, 2009]
SECTION 3 Procedures, etc. for Work Performance Ratings
| Article 20 (Performance Interview, etc.) |
| (1) | An evaluator shall conduct performance interviews with public officials subject to work performance rating so as to have work performance ratings conducted in a fair and proper manner. <Amended by Presidential Decree No. 21945, Dec. 31, 2009> |
| (2) | The evaluator shall examine, among other things, the process of meeting performance objectives by the public officials subject to work performance rating during the evaluation period so as to confirm their progress in the performance of their duties and whether they have responded to changes in their environment, etc. <Amended by Presidential Decree No. 21945, Dec. 31, 2009> |
| (3) | Deleted. <by Presidential Decree No. 21945, Dec. 31, 2009> |
| (4) | When conducting a regular evaluation of performance agreement, etc. or a regular evaluation of work performance, an evaluator shall exchange opinions on the results, etc. of pursuing the performance objectives during the period subject to rating with public officials subject to work performance rating. <Amended by Presidential Decree No. 21945, Dec. 31, 2009> |
| (5) | An evaluator shall conduct performance interviews with public officials who have received the lowest grade in work performance ratings to improve their job performance, workplace capabilities, etc. in the future: Provided, That where the competent Minister deems it necessary, he/she may additionally designate public officials subject to performance interview. <Newly Inserted by Presidential Decree No. 26819, Dec. 30, 2015> |
| (6) | The competent Minister shall require an evaluator to record and manage the results of performance interviews and opinion exchanges under paragraphs (1), (4), and (5), as prescribed by the Minister of Personnel Management. <Newly Inserted by Presidential Decree No. 25039, Dec. 30, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26819, Dec. 30, 2015> |
| Article 21 (Disclosure of Results of Work Performance Ratings, Filing of Objections thereagainst, and so forth) |
| (1) | After a work performance rating has been completed, a public official who falls under any of the following subparagraphs shall notify public officials subject to work performance rating of the results thereof: Provided, That this shall apply only to work performance evaluations in cases of a verifier of any evaluation unit under subparagraph 3: <Amended by Presidential Decree No. 25039, Dec. 30, 2013> |
| 3. | A public official (limited to cases where there are a supervisor with a higher rank or level than the verifier in an evaluation unit; hereinafter referred to as “a verifier of the evaluation unit”) designated by the competent Minister. |
| (2) | Notwithstanding paragraph (1), the component Minister may otherwise determine the disclosure of the results of work performance ratings if deemed necessary. <Newly Inserted by Presidential Decree No. 25039, Dec. 30, 2013> |
| (3) | Where a public official subject to work performance rating has an objection to the results of a work performance rating by evaluators, he/she may file an objection with the verifier: Provided, That where the competent Minister has not designated a verifier pursuant to the proviso to Article 8 (1) and the proviso to Article 13 (1), the said public official may file an objection with the respective evaluators. <Amended by Presidential Decree No. 25039, Dec. 30, 2013> |
| (4) | Where a public official subject to work performance rating has an objection to the results of his/her work performance rating in the evaluation unit, he/she may file an objection with the verifier of the evaluation unit: Provided, That the said public official may file an objection with the verifier where there is no verifier of the evaluation unit, and may file an objection with the respective evaluators where there is no designated verifier. <Newly Inserted by Presidential Decree No. 25039, Dec. 30, 2013> |
| (5) | Where the verifier of the evaluation unit, the verifier, or the evaluator, in receipt of an objection under paragraphs (3) and (4), finds that the content of the objection is well-grounded, he/she may adjust the results of the work performance rating for the relevant public officials; where not accepting the objection, he/she shall explain the grounds to the relevant public official. In this case, when the verifier of the evaluation unit makes a decision on the objection, he/she shall consult with the verifier and the evaluator; and when the verifier makes a decision on the objection, he/she shall consult with the evaluator. <Amended by Presidential Decree No. 25039, Dec. 30, 2013> |
| (6) | A public official subject to performance evaluation who is dissatisfied with results made on his/her objection under paragraph (5) may request the performance evaluation committee for adjustment of the results of the performance evaluation. <Amended by Presidential Decree No. 25039, Dec. 30, 2013> |
[This Article Wholly Amended by Presidential Decree No. 21945, Dec. 31, 2009]
| Article 22 (Use of Evaluation Results) |
The competent Minister shall reflect results of evaluations of a performance agreement, etc. and results of evaluations of performance to various areas of personnel management for public officials subject to performance evaluation, such as promotion, educational training, position management, special pay raises, and payment of performance bonuses.
[This Article Wholly Amended by Presidential Decree No. 21945, Dec. 31, 2009]
SECTION 4 Work Performance Ratings for Public Officials in Fixed Term Positions
| Article 22-2 (Methods and Procedures for Work Performance Ratings for Public Officials in Fixed Term Positions) |
| (1) | Notwithstanding Article 10, the appointing authority may separately determine matters concerning evaluation methods, such as performance agreements, etc., for general service public officials in fixed term positions of Grade IV or higher (including general service public officials in part time fixed term positions). <Amended by Presidential Decree No. 25000, Dec. 16, 2013> |
| (2) | Notwithstanding Article 4, work performance ratings shall be conducted by means of evaluations of job performance, in cases of general service public officials in fixed term positions of Grade V or lower rank (including general service public officials in part time fixed term positions), specialist public officials of Grade V or lower rank in fixed term positions (including specialist public officials in part time fixed term positions), and temporary public officials of Grade V or lower rank. <Amended by Presidential Decree No. 25000, Dec. 16, 2013> |
| (3) | In an evaluation of job performance under paragraph (2), a written evaluation of performance objectives with respect to job performance of the previous year of a public official in a fixed term position shall be prepared on the basis of the plans on performance formulated by such public official when he/she was appointed, and the said public official shall evaluate his/her own level of attainment of the objectives in person to submit it to the evaluator. |
| (4) | The evaluator who has received the written evaluation of performance objectives pursuant to paragraph (3) shall conduct an evaluation of the level of attainment of the objectives and submit the results thereof to the committee. |
| (5) | Except as provided in paragraphs (1) through (4), necessary matters concerning methods, procedures, etc. for work performance ratings for public officials in fixed term positions shall be determined by the Minister of Personnel Management. <Amended by Presidential Decree No. 25751, Nov. 19, 2014> |
[This Article Newly Inserted by Presidential Decree No. 24920, Dec. 11, 2013]
| Article 22-3 (Timing for Work Performance Ratings for Public Officials in Fixed Term Positions) |
| (1) | Notwithstanding Article 5, the appointing authority shall conduct a regular evaluation on the job performance of public officials in fixed term positions over the previous year, based on December 31 of every year, and if deemed necessary to conduct as evaluation of their job performance due to change of their appointment requirements, or any other reason, it may conduct an occasional evaluation. |
| (2) | Where the period of service of any public official in a fixed term position is scheduled to expire at least six months after the date of a regular evaluation, a final evaluation for him/her shall be conducted before his/her appointment expires or his/her period of service is extended. |
| (3) | In cases falling under any of the following subparagraphs, a regular evaluation and an occasional evaluation may be omitted: <Amended by Presidential Decree No. 25000, Dec. 16, 2013> |
| 1. | A case where two months has not elapsed since a public official in a part time fixed term position is newly employed, or where the period of service (including the previous period of service before extension of the period of service, where the period of service is extended; hereafter the same shall apply in this paragraph) of such public official is less than one year; |
| 2. | Where the period of service of a temporary public official is less than six months. |
[This Article Newly Inserted by Presidential Decree No. 24920, Dec. 11, 2013]
| Article 22-4 (Use of Results of evaluations of Work Performance) |
Notwithstanding Article 22, the appointing authority shall reflect results of performance evaluation of public officials in fixed term positions to the personnel management, etc. of the relevant public officials, such as payment of annual salary by achievements at work (excluding temporary public officials), extension, expiration, etc. of the period of service thereof. [This Article Newly Inserted by Presidential Decree No. 24920, Dec. 11, 2013]
CHAPTER III CAREER RATINGS, RATINGS IN GRANTING ADDITIONAL POINTS, AND SO FORTH
| Article 23 (Persons Subject to Career Evaluation) |
For Public officials of Grade V or lower rank (referring to public officials of Garde II or lower rank in postal service, in case of public officials in postal service), junior research officials and junior technical advisors who meet the requirement of the minimum number of years required for promotion under Article 31 of the Decree on the Appointment of Public Officials and Article 14 of the Regulations of the Appointment, etc. of Public Officials Engaged in Research and Technical Advice Service, as of the base date of a regular rating, ratings on their career shall be conducted to reflect the results thereof in case of their promotion. <Amended by Presidential Decree No. 24920, Dec. 11, 2013> [This Article Wholly Amended by Presidential Decree No. 21945, Dec. 31, 2009]
| Article 24 (Verifiers of Career Ratings) |
A verifier of career ratings shall be an official in charge of personnel management: Provided, That the component Minister shall designate otherwise the verifier if deemed especially necessary.
[This Article Wholly Amended by Presidential Decree No. 21945, Dec. 31, 2009]
| Article 25 (Periods subject to Career Rating) |
A career rating shall be conducted with respect to the service period for which any public official subject to career rating has been actually engaged in his/her duties since the reference date of a regular rating during a period of time fixed by the competent Minister, to the extent that such period is not less than the minimum number of years required for promotion of the said public official: Provided, That a career rating shall be conducted as if the period of a leave of absence and the period of release of a position, which are to be included in the minimum number of years required for promotion pursuant to Article 31 of the Decree on the Appointment of Public Officials and Article 14 of the Regulations of the Appointment, etc. of Public Officials Engaged in Research and Technical Advice Service, were the period during which the relevant public official has been engaged in his/her duties at the class or rank at the time of the leave of absence or the release from the position. [This Article Wholly Amended by Presidential Decree No. 21945, Dec. 31, 2009]
| Article 26 (Calculation, etc. of Career Rating Points) |
| (1) | Thirty points shall constitute a perfect score in a career rating. |
| (2) | Methods for calculating career rating points, such as equivalent ranks, career conversion rates, and career period calculation between public official careers whose service categories are mutually different, or between public official careers and civilian careers, shall be determined as 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. 21945, Dec. 31, 2009]
| Article 27 (Rating in Granting Additional Points) |
| (1) | When preparing the list of candidates for promotion under Article 29, the competent Minister may award additional points to a public official up to a maximum of five points, in consideration of whether he/she has a certificate of qualification related to his/her duties; his/her service career in a specific position or in a special district; his/her accomplishments during the periods subject to work performance rating, such as service innovation; characteristics of his/her duties; his/her degree of contributions and other similar matters: Provided, That the competent Minister shall award additional points to a person who has worked in any professional position under Article 43-3 (3) of the Decree on the Appointment of Public Officials for a period not less than that provided for in paragraph (4) of the same Article thereof. <Amended by Presidential Decree No. 25471, Jul. 16, 2014> |
| (2) | Standards, etc. for awarding additional points under paragraph (1) shall be determined by the competent Minister in consideration of such subject items, scopes, etc. of additional points as determined by the Minister of Personnel Management. <Amended by Presidential Decree No. 25039, Dec. 30, 2013; Presidential Decree No. 25751, Nov. 19, 2014> |
| (3) | Where intending to change the standards for awarding additional points under paragraph (2), the competent Minister shall disclose in advance the content of such change to public officials under his/her control to gather consensus therefrom before the period subject to work performance rating. |
[This Article Wholly Amended by Presidential Decree No. 21945, Dec. 31, 2009]
| Article 28 (Multisource Evaluation) |
| (1) | For the capabilities development, personnel management, etc., of public officials under his/her control, the competent Minister may require a multisource evaluation to be conducted by public officials higher than or superior to public officials subject to such evaluation, public officials of the same grade, public officials lower than or inferior to subject public officials, and civil petitioners. |
| (2) | The competent Minister shall devise and operate concrete matters concerning methods and procedures for multisource evaluations under paragraph (1) in consideration of characteristics of the relevant duties, etc. |
| (3) | A group of evaluators participating in a multisouce evaluation under paragraph (1) shall be composed of such persons related to the duties of the public officials subject to multisouce evaluation as well as those acquaint with the achievements and capabilities thereof, and shall be composed to ensure fair representation in consideration of the personnel composition of public officials under the control of the competent Minister. |
| (4) | The results of a multisource evaluation under paragraph (1) may be disclosed to the relevant public officials. |
[This Article Wholly Amended by Presidential Decree No. 21945, Dec. 31, 2009]
CHAPTER IV PREPARATION OF LISTS OF CANDIDATES FOR PROMOTION
| Article 29 (Preparation, etc. of Lists of Candidates for Promotion) |
| (1) | For public officials of Grade V or lower rank (referring to public officials of Garde II or lower rank in postal service, in case of public officials in postal service; hereafter the same shall apply in this Article), and junior research officials, and junior technical advisors, who meet requirements for promotion, as of January 1 and as of July 31, the appointing authority shall prepare a list of candidates for promotion by class to which they are expected to be appointed following promotion: Provided, That where the base date of regular evaluation or regular rating is determined otherwise pursuant to the proviso to Article 5 (3), the list of candidates for promotion shall be prepared as of the last day of the month immediately after the base date of regular evaluation or regular rating. <Amended by Presidential Decree No. 24920, Dec. 11, 2013> |
| (2) | If deemed necessary, the appointing authority may prepare the lists of candidates for promotion by dividing them depending on agencies to which they belong, districts or categories of duties in cases of public officials of Grade V or lower rank, and by dividing them depending on agencies to which they belong, districts, academic degrees, or categories of duties in cases of junior research officials and junior technical advisors, respectively. In such cases, any changed content shall be applied after one year from the date it is changed. <Amended by Presidential Decree No. 24920, Dec. 11, 2013> |
| (3) | If deemed necessary, the appointing authority may prepare the lists of candidates for promotion by consolidating functional categories (referring to functional subcategories in cases of junior research officials and junior technical advisors) the duty contents of which are similar and among which an appropriate balance is maintained in terms of the number of persons. In such cases, any changed content shall apply after one from the date it is changed. |
| (4) | Where the appointing authority requests the Minister of Personnel Management to hold an examination for promotion to the rank of Grade Ⅴ public official, senior research official, or senior technical advisor, it shall send a copy of a list of candidates for promotion which has been prepared pursuant to paragraphs (1) through (3). <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014> |
| (5) | A list of candidates for promotion shall become effective on the date immediately after the base date of its preparation under paragraph (1): Provided, That when any content of the list of candidates for promotion has been adjusted or deleted, it shall become effective on the following day from the date it is changed. |
[This Article Wholly Amended by Presidential Decree No. 21945, Dec. 31, 2009]
| Article 30 (Rating Points, etc. in Lists of Candidates for Promotion) |
| (1) | Rating points for preparing a list of candidates for promotion shall be awarded up to a maximum of 100 points, which are the aggregate of the points assigned for evaluation of work performance under Article 18 and the points assigned for a career rating under Article 26: Provided, That for a person eligible for additional points under Article 27, his/her total rating points in a list of candidates of promotion shall be awarded by further adding additional points within five points to the aggregate of such points as are awarded to him/her. |
| (2) | The appointing authority shall prepare a list of candidates for promotion, with the reflection rates of the points assigned for evaluation of work performance and the points assigned for a career rating set as 80 percent and 20 percent, respectively, and may increase the reflection rate of the points assigned for evaluation of work performance by up to 95 percent and may decrease the reflection rate of the points assigned for a career rating by five percent. In such cases, any changed rate of reflection shall be applied after one year from the date it is changed. <Amended by Presidential Decree No. 26819, Dec. 30, 2015> |
| (3) | The points assigned for evaluation of work performance to be reflected in a list of candidates for promotion shall be calculated on the basis of the points assigned for evaluation of work performance of each candidate for promotion at the below-listed relevant rank for a period determined by the competent Minister, which spans at least recent three years before the base date for the preparation of the list of candidates for promotion in cases of public officials of Grade V; at least recent two therebefore in case of public officials of Grade VI or VII (referring to public officials of not higher than Grade III, but not lower than Grade VII in postal service, in cases of public officials in postal service) and junior research officials and junior technical advisor; and at least recent one year therebefore in cases of public officials of Grade VIII or lower rank (referring to public officials of Grade VIII or lower rank in postal service, in cases of public officials in postal service). <Amended by Presidential Decree No. 24920, Dec. 11, 2013> |
| (4) | When the points assigned for evaluation of work performance are calculated pursuant to paragraph (3), where, within any unit year of evaluation, there is a unit period of evaluation for which any candidate for promotion was awarded no evaluation points, the evaluation points awarded during any other unit period of evaluation in that unit year of evaluation shall be regarded as evaluation points of that unit year of evaluation. |
| (5) | When the points assigned for evaluation of work performance are calculated pursuant to paragraph (3), where, within the evaluation period, there is a unit year of evaluation for which any candidate for promotion was awarded no evaluation points, the average of those evaluation points awarded immediately before and after that unit year of evaluation shall be regarded as if evaluation points of that unit year of evaluation. In this case, if where there are not any evaluation points awarded immediately before or after the unit year of evaluation for which any candidate for promotion was awarded no evaluation points, the evaluation points immediately before or after that unit year of evaluation shall be sixty percent of the maximum evaluation points in the relevant years of evaluation. |
| (6) | Except as provided for in this Decree, matters concerning the method of calculating points assigned for evaluation of work performance to be reflected in a list of candidates for promotion, the decision of a ranking of those persons whose rating points in a list of candidates for promotion are exactly the same, the adjustment or deletion of any content of a list of candidates for promotion, and the disclosure of ranking in a list of candidates for promotion shall be determined as 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. 21945, Dec. 31, 2009]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2006: Provided, That the amended provisions of Articles 5 (limited to the provisions concerning career ratings), 23 through 27, 20 and 30 shall enter into force January 1, 2007, respectively.
Article 2 (Transitional Measure concerning Preparation of Lists for Candidates for Promotion)
| (1) | The previous provisions of this Decree shall apply to the preparation, etc. of the lists of candidates for promotion until December 31, 2006, and the points assigned for work performance rating to be reflected in the list of candidates for promotion shall reflect by converting the points assigned for work performance evaluation under this Decree and points assigned for previous work performance ratings; and career rating points, training record points, and additional points granted in ratings shall be reflected those calculated according to the previous provisions. |
| (2) | The lists of candidates for promotions under paragraph (1) shall be effective until the lists of candidates for promotion has been prepared for the first time after January 1, 2007. |
Article 3 Omitted.
Article 4 (Relationship with other Statutes)
Citations to previous Regulations on Rating of Public Officials and any provisions thereof in any other Acts or subordinate legislation as at the time this Decree enters into force shall be deemed citations to this Decree or the corresponding provisions thereof in lieu of the previous Regulations if such corresponding provisions exist in this Decree.
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. 20741, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 20787, May 21, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on its date of promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 21945, Dec. 31, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23101, Aug. 29, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on its date of promulgation.
Article 2 (Transitional Measures concerning Performance Evaluation of Public Officials for which Procedures for Promotion are in Progress)
Notwithstanding the amended provisions of Article 17 (4), where the persons subject to review for promotions have been determined on the basis of the list of candidates for promotion at the general review committee and the procedures for promotion are in progress as at the time this Decree enters into force, the previous provisions shall apply to the public officials on the list of candidates for promotion until the procedures for promotion are completed.
ADDENDA <Presidential Decree No. 24425, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on its date of promulgation: Provided, That among Presidential Decrees amended by Article 6 of the Addenda, the amended provisions of the Presidential Decrees promulgated before this Decree enters into force but dates on which they are to enter into force have not yet arrived shall enter into force on the date the each relevant Presidential Decree enters into force.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 24920, Dec. 11, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 12, 2013.
Article 2 (Transitional Measures concerning Public Officials in Technical Service for whom Procedures for Promotion are in Progress)
With respect to previous public officials in technical service for whom the procedures for promotion are in progress as at the time this Decree enters into force, the lists of candidates for promotion and the deliberation and decision made by the promotion review committee on such promotion shall be deemed effective.
Article 3 (Transitional Measures concerning Validity of Previous Evaluation Points, etc.)
| (1) | Points granted for evaluation of performance agreement, etc., performance evaluation points, career rating points, additional points in a rating, and so forth received as a previous public official in technical service, extraordinary civil service, or in contractual service, before December 12, 2013 shall be deemed valid even after he/she is appointed as a public official in general service, and may be reflected in his/her promotion, payment of performance bonuses, and so forth (hereinafter referred to as “appointment, etc. following promotion”). |
| (2) | Notwithstanding paragraph (1), performance evaluation points which were granted to a public official in technical service or in extraordinary civil service who is in office before December 12, 2013 shall not be reflected at the time of appointment. etc. following promotion, on the basis of the following classification: |
| 1. | Where a public official in technical service in office before December 12, 2013 is appointed following transfer to any other office pursuant to Article 3 of the Special Regulations on Appointment following Transfer to Any Other Office Based on Change of Categories of Public Officials: Performance evaluation points he/she received as a public official in technical service or public official belonging to the functional group of management and operation shall not be reflected in his/her appointment, etc. following promotion after he/she was appointed following transfer; |
| 2. | Where a public official in extraordinary civil service in office before December 12, 2013 is released from designation in a position in his/her exclusive charge of a functional category pursuant to Article 9 (3) of the Special Regulations on Appointment following Transfer to Any Other Office Based on Change of Categories of Public Officials: Performance evaluation points he/she received as public official in general service before the release from such designation shall not be reflected in his/her appointment, etc. following promotion after he/she was released from such designation. |
ADDENDA <Presidential Decree No. 25000, Dec. 16, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on its date of promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 25039, Dec. 30, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2014.
Article 2 (Applicability concerning Keeping Records and Management of Performance Interviews, etc.)
The amended provisions of Article 20 (5) shall start applying from the work performance rating whose evaluation period is not earlier than January 1, 2014. Article 3 (Transitional Measures concerning Disclosure of Results of Work Performance Ratings and Filing of Objections thereagainst, and so forth)
Notwithstanding the amended provisions of Article 21, the previous provisions shall govern the disclosure of and objection-filing against the results of work performance ratings whose evaluation period is the year 2013.
ADDENDA <Presidential Decree No. 25471, Jul. 16, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Article 2 (Transitional Measures concerning Service Period of Public Officials Working in Positions of Professional Service)
Where granting additional points pursuant to the amended provisions of the proviso to Article 27 (1), the competent minister may include a period during which a person has worked in a position of professional service before this Decree enters into force into the total years of service, in the same position, of a person working in a position of professional service pursuant to Article 43-3 of the previous Decree on the Appointment of Public Officials (referring to the Decree before it was amended by Presidential Decree No. 25137) as at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among Presidential Decrees amended pursuant to Article 6 of the Addenda, the amended provisions of the Presidential Decrees promulgated before this Decree enters into force but the dates on which they are to enter into force have not yet arrived, shall enter into force on the date of each relevant Presidential Decree enters into force.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26819, Dec. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Education for Evaluators, Performance Interviews, etc.)
The amended provisions of Article 6-3 and Article 20 (5) and (6) shall start applying from work performance ratings whose evaluation period is not earlier than January 1, 2016. Article 3 (Transitional Measures concerning Modification of Methods, Work Performance Ratings and Relevant Matters)
Notwithstanding the amended provisions of Articles 10 (3) and (4), 11 (1), 16 (1) and (2), 17 (2) through (4) and 18 (4) through (7), the previous provisions shall govern work performance ratings whose evaluation period ends until December 31, 2015. Article 4 (Transitional Measures concerning Rates of Points for Evaluation of Work Performance which Are Reflected when Preparing List of Candidates for Promotion)
Notwithstanding the amended provision of the former part of Article 30 (2), the previous provision shall govern where a list of candidates for promotion is prepared based on January 31, 2016 and where an occasional evaluation or occasional rating is conducted pursuant to Article 5 (4) on or before July 30, 2016.
ADDENDA <Presidential Decree No. 27787, Jan. 10, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force one month after the date of its promulgation.
Articles 2 and 3 Omitted.