CHAPTER I GENERAL PROVISIONS
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 2 (Guidelines for Capacity Development) |
| (1) | The Minister of Personnel Management shall formulate general guidelines for human resource development for the following year by November 15 in accordance with the fundamental policy established pursuant to Article 2 of the Act on the Capacity Development of Public Officials (hereinafter referred to as the "Act") and notify the head of each central administrative agency and the head of each public official education and training institution (hereinafter referred to as "education and training institution"), of such guidelines. <Amended by Presidential Decree No. 24150, Oct. 29, 2012; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26944, Feb. 3, 2016> |
| (2) | Deleted. <by Presidential Decree No. 14630, Apr. 20, 1995> |
| (3) | The general guidelines referred to in paragraph (1) shall contain the following matters: <Amended by Presidential Decree No. 24150, Oct. 29, 2012; Presidential Decree No. 26944, Feb. 3, 2016> |
| 1. | Objectives of human resource development; |
| 2. | Contents of education and training to be conducted by an education and training institution; |
| 5. | Methods of operation, targets of education, and education period of the basic education and training under Article 7 (2); and specialized education and training under paragraph (3) of the same Act; |
| 6. | Other matters necessary for human resource development. |
| Article 3 Deleted. <by Presidential Decree No. 16079, Dec. 31, 1998> |
| Article 4 (Duties of Minister of Personnel Management) |
| (1) | The Minister of Personnel Management shall conduct surveys and research necessary to improve and improve human resource development in an efficient and balanced manner; and shall provide administrative agencies of various levels and education and training institutions with guidance and support in formulating and implementing human resource development plan (in cases of education and training institutions, including education and training plans for public officials; hereinafter the same shall apply). <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26944, Feb. 3, 2016> |
| (2) | For the efficient and balanced improvement and development of education and training institutions of various levels and for the expansion of the exchange and cooperation with public and private education and training institutions, research institutes, etc., the Minister of Personnel Management shall require the president of the National Human Resources Development Institute to perform the following matters: <Amended by Presidential Decree No. 26944, Feb. 3, 2016> |
| 1. | Researching, analyzing, and sharing trends in human resource development both in Korea and internationally; |
| 2. | Researching, developing, and disseminating materials, teaching aids, and techniques of education and training related to the public officership, leadership, and development of capacity of public officials; |
| 3. | Consulting the development and operating curricula of central administrative agencies, specialized education and training institutes, etc.; |
| 4. | Developing and disseminating contents of e-learning and common use of operating systems, etc.; |
| 5. | International cooperation related to educating foreign public officials and human resource development; |
| 6. | Holding contests of excellent education programs and outstanding lecturers and rewarding the same; |
| 7. | Training teaching personnel and improving their capacity; |
| 8. | Other matters the Minister of Personnel Management deems necessary. |
| (3) | The Minister of Personnel Management may commission related specialists as consultants to obtaining advice on establishing, etc. fundamental policy and general guidelines for the development of capacity of public officials. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26944, Feb. 3, 2016> |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 5 (Duties of Heads of Central Administrative Agencies) |
The head of a central administrative agency shall investigate the demand for development of capacity of public officials under his/her jurisdiction in accordance with the general guidelines referred to in Article 2; and shall establish and implement a human resource development plan based on the outcomes thereof. <Amended by Presidential Decree No. 26944, Feb. 3, 2016> [This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 5-2 (Procedures for Establishing Specialized Education and Training Institutes) |
The head of a central administrative agency who intends to establish a specialized education and training institute (including a specialized education and training institute to be established as a subsidiary organ or assisting organ of a central administrative agency) pursuant to Article 4 (1) or (2) of the Act, shall first consult with the Minister of Personnel Management on the necessity for establishing the specialized education and training institute, a plan for operating education and training, etc. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014> [This Article Newly Inserted by Presidential Decree No. 20493, Dec. 28, 2007]
| Article 6 (Public Officials in Charge of Human Resource Development) |
| (1) | The head of a central administrative agency shall designate public officials who will take charge of the following affairs related to human resource development, from among the public officials under his/her jurisdiction: <Amended by Presidential Decree No. 26944, Feb. 3, 2016> |
| 1. | Exercising overall control over establishing human resource development plans of the central administrative agency and affiliated institutions; |
| 2. | Exercising overall control over executing workplace training and commissioned education and training; |
| 3. | Guiding and supervising human resource development conducted by affiliated institutions; |
| 4. | Cooperating with related institutions as to human resource development. |
| (2) | The heads of administrative agencies of various levels, other than central administrative agencies, shall designate public officials who will take charge of human resource development from among the public officials under their jurisdiction. <Amended by Presidential Decree No. 26944, Feb. 3, 2016> |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 7 (Classification of Human Resource Development) |
| (1) | Human resource development shall be classified into basic education and training; specialized education and training; other education and training; and self-development and learning. <Amended by Presidential Decree No. 26944, Feb. 3, 2016> |
| (2) | The purpose of basic education and training shall be to enable candidates for new employment, newly employed persons, persons due to be promoted (referring to persons who have passed the examination for promotion and persons who have passed screening for promotion; hereinafter the same shall apply), or promoted persons to establish public officership and enhance their capacity. <Amended by Presidential Decree No. 26944, Feb. 3, 2016> |
| (3) | The purpose of specialized education and training shall be to enable the trainee to strengthen their expertise necessary for their areas of responsibility of which they are currently in charge or expected to be in charge. <Amended by Presidential Decree No. 26944, Feb. 3, 2016> |
| (4) | Other education and training shall be education and training not falling under paragraph (2) or (3), which shall be conducted in accordance with an order of the head of the competent agency. <Amended by Presidential Decree No. 26944, Feb. 3, 2016> |
| (5) | Self-development and learning shall be a self-study and research activity conducted by a public official to perform his/her duties creatively and to have professional expertise of a public office and future-oriented capacities. <Newly Inserted by Presidential Decree No. 26944, Feb. 3, 2016> |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 8 (Methods of Human Resource Development) |
| (1) | Human resource development shall be conducted so as to make it possible to achieve its objectives most efficiently. <Amended by Presidential Decree No. 26944, Feb. 3, 2016> |
| (2) | Basic education and training shall be conducted by a specialized education and training institute designated by the National Human Resources Development Institute or the Minister of Personnel Management: Provided, That in cases of workplace training or commissioned education and training, the curricula for which are deemed by the Minister of Personnel Management to correspond to those provided by education and training institutions, such education and training may substitute basic education and training. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26944, Feb. 3, 2016> |
| (3) | Specialized education and training shall be conducted as workplace training: Provided, That if it is impractical to conduct it as workplace training, it shall be conducted by an education and training institution; however, if it is also impractical to conduct it through an education and training institution, it shall be conducted by commissioned education and training. |
| (4) | In conducting human resource development, the head of an administrative agency or the head of an education and training institution shall use education and training facilities, such as the curricula of a state agency, a public organization or private institution, or remote lecture system, to the maximum extent possible. <Amended by Presidential Decree No. 26944, Feb. 3, 2016> |
| (5) | The head of an administrative agency or the head of an education and training institution may assign tasks to a person subject to education and training before education and training commences; and shall reflect the outcomes thereof in the education and training record. <Newly Inserted by Presidential Decree No. 26944, Feb. 3, 2016> |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 8-2 (Support, etc. of Self-Development Plans) |
| (1) | The head of an administrative agency shall strive to establish a system to support self-development plans, such as providing information for establishing and practicing self-development plans of the public officials under his/her jurisdiction. <Newly Inserted by Presidential Decree No. 26944, Feb. 3, 2016> |
| (2) | Where any performance agreement under Article 9 of the Regulations on the Performance Evaluation of Public Officials is concluded or where performance objectives are selected pursuant to Article 15 of the same Regulations, the head of an administrative agency shall impose responsibilities for outcomes as to the achievement of the standard hours of the eduction and training of public officials under his/her jurisdiction, on a director and a subsidiary organ, assisting organ, etc. corresponding thereto, as determined by the Minister of Personnel Management. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014> |
| (3) | A director and a subsidiary organ, assisting organ, etc. corresponding thereto responsible for the outcomes under paragraph (2), shall require each public official under his/her jurisdiction to establish an annual self-development plan and manage the performance. <Amended by Presidential Decree No. 26944, Feb. 3, 2016> |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 8-3 (Operation of Study Groups) |
| (1) | The head of an administrative agency shall regularly check the performance and outcomes of operating study groups under his/her control and proactively support their activities. |
| (2) | The Minister of Personnel Management shall strive to activate study groups in each agency by evaluating the performance of study groups in each agency, selecting and sharing outstanding cases, etc. |
[This Article Newly Inserted by Presidential Decree No. 26944, Feb. 3, 2016]
| Article 9 (Mutual Entrustment and Opening of Education and Training) |
| (1) | In order to promote balanced education and training by administrative agency, job field and region and to prevent disorderedly established education and training institutions and inefficiently used budgets, the Minister of Personnel Management may arrange public officials belonging to administrative agencies with less opportunity for education and training to undergo education and training by entrusting them to other administrative agencies or education and training institutions. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014> |
| (2) | When the Minister of Personnel Management or the head of any other administrative agency requests commissioned education and training, the heads of administrative agencies of various levels and the heads of education and training institutions shall comply with such requests except in extenuating circumstances. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014> |
| (3) | The heads of administrative agencies of various levels or the heads of education and training institutions in receipt of a request for commissioned education and training, may request the head of an agency which has requested the commissioned education and training to organize curriculum, dispatch teaching personnel, provide education and training materials, or fully or partially bear the education and training expenses. |
| (4) | In order to enhance the quality of education conducted by education and training institutions and the efficiency of the operation of such institutions, and to contribute to developing local communities, the Minister of Personnel Management may request the head of each education and training institution to collaborate on, disclose, etc. the following matters. In such cases, the head of each education and training institution in receipt of such request shall proactively cooperate therewith except in extenuating circumstances: <Newly Inserted by Presidential Decree No. 26944, Feb. 3, 2016> |
| 1. | Disclosing the curricula of each education and training institution to all public officials; |
| 2. | Jointly developing and utilizing courses related to capacity-related common courses, such as public officer-ship and leadership; |
| 3. | Supporting contents of e-learning for education and providing information on outstanding lecturers; |
| 4. | Mutually utilizing teaching personnel; |
| 5. | Jointly using idle education and training facilities, such as lecture rooms, circle rooms, and sports facilities; |
| 6. | Disclosing curricula and education and training facilities to the public; |
| 7. | Other support for matters needed by each educational training institution. |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 10 (Selection of Persons subject to Education and Training) |
| (1) | When selecting persons subject to education and training, the heads of administrative agencies of various levels shall select persons suitable for the purpose of establishing each education and training course, based upon their grades, occupational categories, duties, experience, health status, etc. |
| (2) | The heads of administrative agencies of various levels shall notify the head of the relevant education and training institution of lists of persons subject to education and training by not later than ten days before commencing the education and training. |
| (3) | Upon receipt of a list of persons subject to education and training, if a person fails to meet the selection criteria by education and training course, the head of an education and training institution may request that the relevant person be replaced. In such cases, the head of the relevant agency shall re-select a person subject to education and training who meets the selection criteria and notify thereon without delay. |
| (4) | A public official selected as a candidate for education and training shall file for registration with the relevant education and training institution before commencing education and training; and shall follow the instructions of the head of the education and training institution during the education and training period. |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 11 (Education and Training of New Employees, etc.) |
| (1) | The heads of administrative agencies of various levels shall assign newly employed public officials to their positions after they complete basic education and training courses that correspond to their relevant grades and job fields. <Amended by Presidential Decree No. 24150, Oct. 29, 2012> |
| (2) | Deleted. <by Presidential Decree No. 19621, Jul. 21, 2006> |
| (3) | In promoting a public official under his/her control to a public official of Grade V, the head of an administrative agency shall select a person from among those who have completed the basic education and training course which corresponds to the grade to which he/she is to be promoted, except in extenuating circumstances. <Amended by Presidential Decree No. 24150, Oct. 29, 2012> |
| (4) | The head of each education and training institution shall develop newly-employed public officials in persons with established public officership and expertise in the performance of their duties as servants for all people by utilizing camp training, e-learning, etc., and shall strive to secure education and training facilities therefor. <Newly Inserted by Presidential Decree No. 26944, Feb. 3, 2016> |
| (5) | Where the head of an education and training institution deems it necessary to utilize a public official belonging to an administrative agency as a public official in charge of teaching for newly employed public officials in order to efficiently achieve the objective of education and training, he/she may request the head of the relevant administrative agency to provide support therefor. <Newly Inserted by Presidential Decree No. 26944, Feb. 3, 2016> |
| Article 11-2 (Management of Positions of Persons who have Completed Education and Training) |
| (1) | Except in extenuating circumstances, the heads of administrative agencies of various levels shall assign persons who have undergone education and training to positions in the fields related to their completed areas of education and training, to enable them to fully utilize their capacity and expertise enhanced through education and training. <Amended by Presidential Decree No. 26944, Feb. 3, 2016> |
| (2) | When the heads of administrative agencies of various levels conduct commissioned education and training for at least six months, he/she shall first determine the positions to which the relevant persons will be assigned after completing the education and training, and shall assign them to such positions except in extenuating circumstances. |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 11-3 (Reflection of Hours of Education and Training in Promotion) |
| (1) | In cases of a researcher, instructor, chief specialist, or specialist of Grade IV or lower (in cases of a post official, referring to a public official of Postal Grade II or lower), the hours that he/she has spent in completing education and training and in self-development and learning pursuant to Article 7 (hereinafter referred to as "hours of education and training") shall be reflected in the promotion (including the promotion where the prescribed number of public officials is operated by integration pursuant to Article 26 (2) of the Common Rule on the Organization and the Prescribed Number of Personnel of Administrative Agencies), as prescribed in attached Table 1: Provided, That in cases of a public official who has failed to fulfill the number of hours of education and training necessary for a promotion due to any special reason for performing his/her duties, the hours of education and training need not be reflected in the promotion, if deemed appropriate by the head of a central administrative agency. <Amended by Presidential Decree No. 24897, Dec. 4, 2013; Presidential Decree No. 26944, Feb. 3, 2016; Presidential Decree No. 27787, Jan. 10, 2017> |
| (2) | Notwithstanding paragraph (1), hours of education and training shall not be reflected in any of the following cases: |
| (3) | Where the hours of education and training are to be reflected in a promotion pursuant to the main sentence of paragraph (1), annual hours of education and training to be completed (hereinafter referred to as "standard hours of education and training"), the contents of the education and training, and self-development and learning that can be recognized as hours of education and training, and matters necessary for the operation thereof shall be determined by the head of a central administrative agency, as prescribed by this Act or separately determined by the Minister of Personnel Management. In such cases, the head of a central administrative agency may vary the annual standard hours of education and training, the contents of education and training and self-development and learning, etc. by series of class, class or any other classification unit based on reasonable standards. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26944, Feb. 3, 2016> |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 11-4 Moved to Article 8-2 |
| Article 11-5 Deleted. <by Presidential Decree No. 24897, Dec. 4, 2013> |
| Article 12 Deleted. <by Presidential Decree No. 16079, Dec. 31, 1998> |
| Article 13 (Payment, etc. of Travel Expenses for Education and Training) |
| (1) | The head of an administrative agency shall pay travel expenses to a public official selected as the person subject to education and training in accordance with the Regulations on Travel Expenses for Public Officials, within budgetary limits. |
| (2) | In addition to travel expenses referred to in paragraph (1), the head of an administrative agency may pay entrance fee,s tuition, and other expenses, for education and training, within budgetary limits. |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 14 (Evaluation of Human Resource Development) |
| (1) | The head of a central administrative agency shall improve and develop the education and training conducted by the education and training institutions under his/her jurisdiction and the workplace training and commissioned education and training of public officials under his/her jurisdiction, by checking and evaluating the curricula, methods, achievements, etc. thereof regularly or occasionally. |
| (2) | The Minister of Personnel Management shall regularly or occasionally check and evaluate the outcomes of human resource development conducted by central administrative agencies or education and training institutions, or comprehensively analyze the contents that have been checked and evaluated by the heads of central administrative agencies pursuant to paragraph (1); and shall reflect the details thereof in formulating fundamental policy and general guidelines for capacity development of public officials. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26944, Feb. 3, 2016> |
| (3) | The Minister of Personnel Management may request the head of a related central administrative agency to make corrections in accordance with Article 15 of the Act regarding the matters that he/she deems necessary to correct as the outcomes of evaluation and analysis conducted pursuant to paragraph (2). <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014> |
| (4) | The head of a central administrative agency in receipt of a request for correction pursuant to paragraph (3) shall notify the Minister of Personnel Management of the outcomes of measures taken. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014> |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 14-2 (Operation of Cooperative Body of Public Officials Education and Training Institutions) |
In order to facilitate operating the cooperative body referred to in Article 15 (2) of the Act, the Minister of Personnel Management may request the head of each education and training institution to submit necessary matters, such as plans of each institution for promoting openness and collaboration, the outcomes thereof, etc.; or may take the following measures for facilitating collaboration among institutions: | 1. | Mediating disagreements such as regarding the scope of collaboration of each institution; |
| 2. | Fulfilling requests made pursuant to Article 9 (4) or requests for cooperation made by other education and training institutions, etc. |
[This Article Newly Inserted by Presidential Decree No. 26944, Feb. 3, 2016]
| Article 14-3 (Operating Information System on Human Resource Development) |
| (1) | The Minister of Personnel Management may establish and operate an information system on human resource development, for efficiently operating and managing information on human resource development and for linking and sharing related information. |
| (2) | Where deemed necessary to operate an information system on human resource development, the Minister of Personnel Management may request the following matters from the heads of central administrative agencies. In such cases, the heads of central administrative agencies in receipt of such request shall proactively cooperate therewith except in extenuating circumstances: |
| 1. | Providing information on curricula, lecturers, current status of using education and training facilities, etc.; |
| 2. | Matters concerning registering research groups of each agency with the information system on human resource development and their utilization of the system; |
| 3. | Providing information related to utilizing the information system on human resource development to personnel under their control and public relations therefor; |
| 4. | Other matters particularly requested by the Minister of Personnel Management in relation to the operation of the information system on human resource development. |
[This Article Newly Inserted by Presidential Decree No. 26944, Feb. 3, 2016]
| Article 15 (Notification of Human Resource Development Plans) |
| (1) | The head of each central administrative agency and the head of each education and training institution shall establish human resource development plans for the following year in accordance with the general guidelines referred to in Article 2 and notify the Minister of Personnel Management thereof by no later than December 15. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26944, Feb. 3, 2016> |
| (2) | Where deemed necessary to efficiently operate human resource development, the Minister of Personnel Management may amend any human resource development plan received pursuant to paragraph (1). <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26944, Feb. 3, 2016> |
| (3) | The head of a central administrative agency shall include in each human resource development plan, a plan to reflect the results of education and training of persons who have completed the education and training in personnel management, such as promotion and change of position. <Newly Inserted by Presidential Decree No. 26944, Feb. 3, 2016> |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 16 (Data, etc. on Human Resource Development) |
Where deemed necessary to efficiently perform human resource development, the Minister of Personnel Management, the heads of administrative agencies of various levels, and heads of education and training institutions may request the heads of related institutions to manufacture teaching aids and audiovisual materials and to provide support for lecturers, etc. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26944, Feb. 3, 2016>
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 16-2 Deleted. <by Presidential Decree No. 26944, Feb. 3, 2016> |
CHAPTER II EDUCATION AND TRAINING IN EDUCATION AND TRAINING INSTITUTIONS
| Article 17 (Education and Training Plans) |
| (1) | The head of each education and training institution shall include the following matters in an education and planning plan: |
| 1. | Basic direction-setting for education and training; |
| 2. | A plan for establishing education and training courses; |
| 3. | Objectives, subject-matters, period of each course, persons subject to education and training, and the number of trainees in each course; |
| 4. | Methods of evaluating the outcomes of education and training; |
| 5. | Educational expenses for paid education; |
| 6. | Other necessary matters. |
| (2) | The head of each education and training institution shall notify the heads of related agencies of education and training plans prepared pursuant to paragraph (1), to enable them to prepare education and training such as selecting persons subject to such education and training. |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 18 (Evaluation of Results and Completion of Education and Training) |
| (1) | The head of an education and training institution shall establish objective and fair evaluation standards and evaluation methods for evaluating the results of education and training of trainees. |
| (2) | Each training course shall be completed upon a trainee receiving a score of at least 60 out of 100 points. |
| (3) | The head of an education and training institution may recognize those who achieve an excellent result in an education and training course. |
| (4) | The head of an education and training institution shall notify the head of the agency to which each trainee belongs of the outcome of education and training within ten days after completing the education and training course. |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 19 (Measures to be Taken against Persons who Fail to Reach Score Required for Completion) |
| (1) | Persons who fail to reach the score required for completing education and training shall be required to re-undergo the education and training. |
| (2) | Where any person who has re-undergone education and training again pursuant to paragraph (1) is deemed to fall under any ground for ex officio dismissal or disciplinary disposition under Article 70 or 78 of the State Public Officials Act, because he/she further fails to reach the scores for completion and his/her work performance is extremely poor, the head of the competent agency may take measures such as filing a request for a disciplinary resolution or an application for disciplinary resolution, or a request for consent to ex officio dismissal with the competent disciplinary committee. |
| (3) | Upon taking measures pursuant to paragraph (2), the head of the competent agency shall notify the head of the relevant education and training institution of such fact. |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 20 (Action for Expulsion) |
| (1) | If any person subject to education and training falls under any of the following cases, the head of the education and training institution shall take action for expulsion and notify the head of the agency to which he/she belongs of such fact: |
| 1. | Where he/she, having been selected as a person subject to education and training, causes a third person to undertake training on his/her behalf; |
| 2. | Where he/she is absent without good reason; |
| 3. | Where he/she substantially neglects classes; |
| 4. | Where he/she cheats in an examination; |
| 5. | Where he/she fails to comply with any instruction given by the head of the education and training institution concerning the education and training; |
| 6. | Where he/she becomes unable to continue to undergo the education or training due to illness or other extenuating circumstances of his/her own. |
| (2) | Where a person who is expelled for any reason set forth in paragraph (1) 1 through 5 or a person who has evaded filing for registration pursuant to Article 10 (4) without any good reason is deemed to fall under any subparagraph of Article 78 (1) of the State Public Officials Act, the head of the competent agency may file a request for a disciplinary resolution or an application that demands a disciplinary resolution with the competent disciplinary committee. |
| (3) | Where the head of the competent agency has filed a request for disciplinary resolution or an application that demands a disciplinary resolution pursuant to paragraph (2), he/she shall notify the head of the relevant education and training institution of such fact. |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 21 (Operation, etc. of Teaching Personnel) |
| (1) | An education and training institution shall have teaching personnel responsible for formulating education and training plans, teaching, and managing curricula, and guiding and evaluating trainees. |
| (2) | The head of an education and training institution may manage teaching personnel by classifying them into teaching professors, education managing professors, and practice professors. |
| (3) | An education and training institution may have invited professors or research professors to perform special tasks such as developing and operating curricula, compiling textbooks, and researching designated tasks. |
| (4) | The head of an education and training institution may commission a person who has abundant expertise and experience in the field of education and training, such as lectures and tutorials in specific fields or subjects as a guest professor. <Newly Inserted by Presidential Decree No. 26944, Feb. 3, 2016> |
| (5) | Where the head of an education and training institution requests consultation for the concurrent appointment of a public official to serve as teaching personnel pursuant to Article 11 (1) of the Act, the head of an administrative agency shall comply with such request, except in extenuating circumstances. |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 22 (Qualifications of Teaching Personnel) |
Teaching personnel shall have any of the following qualifications or abilities:
| 1. | A person with at least three years’ experience in practice, research or teaching related to the area of which he/she will be in charge; |
| 2. | A person with a license related to the area of which he/she will be in charge; |
| 3. | A person who has obtained an academic degree higher than master's degree in the area to be in charge; |
| 4. | A person who has completed at least six months of education and training in the area to be in charge; |
| 5. | A person qualified as a professor, associate professor, or assistant professor under Article 16 of the Higher Education Act and Article 2 of the Regulations on Qualifications, etc. of University Faculty Members; |
| 6. | A person deemed to have a qualification or ability equivalent to that prescribed in subparagraphs 1 through 5. |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 23 (Grounds for Disqualification of Teaching Personnel) |
No person subjected to a disciplinary punishment and for whom two years have not passed since the expiration of the period of the relevant disciplinary punishment or for whom one year has not passed since the termination date of the period of the release from position shall be appointed as a member of teaching personnel.
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 24 (Service Period, etc. of Teaching Personnel) |
| (1) | The service period of teaching personnel shall be two years: Provided, That the head of a central administrative agency may shorten or extend the service period specifically, in extenuating circumstances. |
| (2) | The head of a central administrative agency shall give preference to promotion or change of position to a public official who has faithfully completed his/her service period as a member of teaching personnel, unless any extraordinary ground exists. |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 25 (Education of Teaching Personnel, etc.) |
| (1) | The head of an education and training institution shall arrange a person who will be appointed or is appointed as a member of teaching personnel or a person in charge of education to complete a specialized education and training course to increase his/her expertise and capacity related to teaching and education except in exteunating circumstances. <Amended by Presidential Decree No. 26944, Feb. 3, 2016> |
| (2) | A commissioned education and training plan for public officials formulated by the Minister of Personnel Management pursuant to Article 13 (2) of the Act shall include a commissioned education and training plan for training teaching personnel and increasing their expertise and capacity. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26944, Feb. 3, 2016> |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 26 Deleted. <by Presidential Decree No. 26944, Feb. 3, 2016> |
| Article 27 (School Regulations, etc.) |
The head of an education and training institution may determine the curricula and methods of education and training to be conducted by the relevant education and training institution, guidance of trainees, and other necessary matters concerning education and training; and shall implement them after prescribing school regulations, etc.
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 27-2 (Operation, etc. of Consolidated Educational Training Institute) |
| (1) | The head of a specialized education and training institute established under Article 4 (2) of the Act (hereinafter referred to as "consolidated educational training institute") shall first hear opinions of the heads of central administrative agencies related to the fields of specialized education and training about the formulation of education and training plans under Article 17 and the operation of teaching personnel under Article 21. |
| (3) | The head of a consolidated educational training institute shall evaluate the work performance of each member of teaching personnel dispatched pursuant to Article 6 of the Act in accordance with the Regulations on the Performance Evaluation of Public Officials; and shall notify the head of the competent central administrative agency of the result thereof. In such cases, the head of the competent central administrative agency shall fully reflect the result of evaluation of work performance. |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
CHAPTER III WORKPLACE TRAINING
| Article 28 (Workplace Training Plans) |
The head of a central administrative agency shall establish a workplace training plan containing the following matters in accordance with the general guidelines referred to in Article 2: <Amended by Presidential Decree No. 26944, Feb. 3, 2016> | 1. | Education on government policies and public officer-ship; |
| 2. | Education and training for field adaptation of new employees and transferees; |
| 3. | Specialized education and training for strengthening expertise by department and job field; |
| 4. | Education and training administered by the competent ministry on specialized field involving various ministries; |
| 5. | Other necessary education and training. |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 29 (Execution of Workplace Training) |
| (1) | The heads of administrative agencies of various levels shall conduct systematic workplace training periodically or occasionally to strengthen expertise by department or job field. <Amended by Presidential Decree No. 26944, Feb. 3, 2016> |
| (2) | The heads of administrative agencies of various levels shall conduct systematic workplace training of public officials in a probationary period, to enhance their capacity required for the organization and duties of the relevant agency, and the performance of their duties, by appointing a personal mentor. <Amended by Presidential Decree No. 26944, Feb. 3, 2016> |
| (3) | In operating a specialized education and training course through workplace training, detailed criteria for the evaluation and completion of the education and training, measures for persons who fails to meet the passing score, and other matters concerning the execution of the education and training shall be established. |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 30 (Designation and Recognition of Specialized Education and Training Courses) |
| (1) | Where deemed necessary to efficiently operate any specialized education and training common to various administrative agencies, the Minister of Personnel Management may designate an education and training course of a central administrative agency or specialized education and training institute as a special education and training course in the relevant field. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26944, Feb. 3, 2016> |
| (2) | Where necessary to efficiently operate any specialized education and training common to various administrative agencies, if it is deemed appropriate to operate an education and training course of any private education and training institution, etc. for public officials, the Minister of Personnel Management may recognize the relevant education and training course as a specialized education and training course in the relevant field, <Newly Inserted by Presidential Decree No. 26944, Feb. 3, 2016> |
| (3) | Necessary matters concerning the criteria, procedures, etc. for recognition under paragraph (2) shall be determined by the Minister of Personnel Management. <Newly Inserted by Presidential Decree No. 26944, Feb. 3, 2016> |
| (4) | Where deemed necessary to efficiently operate specialized education and training, the Minister of Personnel Management may designate an education and training course of a specialized education and training institute, a private education and training institution, etc. as a specialized education and training course for public officials under his/her jurisdiction. |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
CHAPTER IV DOMESTIC COMMISSIONED EDUCATION AND TRAINING
| Article 31 (Plans for Domestic Commissioned Education and Training) |
| (1) | Where the head of a central administrative agency intends to conduct any commissioned education and domestic training pursuant to Article 13 (1) of the Act (hereafter in this Chapter referred to as "domestic training"), he/she shall consult with the Minister of Personnel Management on the following matters: Provided, That the same shall not apply to domestic training for less than six months: <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014> |
| 1. | Objectives and curricula of training; |
| 2. | Training institutions and training period; |
| 3. | Number of persons subject to the training, by type and field of training; |
| 4. | Qualifications of, and methods and procedures for selecting, the persons subject to training; |
| 5. | Persons subject to training, and a plan for positioning them after training; |
| 6. | Details of training expenses and the bearing of training expenses; |
| 7. | Obligation of mandatory service; |
| 8. | Other matters necessary for training. |
| (2) | An annual plan for commissioned education and training of public officials referred to in Article 13 (2) of the Act shall include the matters set forth in the subparagraphs of paragraph (1). |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 32 (Selection of Persons subject to Domestic Training) |
The Minister of Personnel Management or the head of a central administrative agency who administers any domestic training shall select persons subject to training from among the public officials who meet the following requirements: Provided, That no person who has received a disciplinary punishment shall be selected as a person subject to training until one year passes since the termination date of the relevant punishment: <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014>
| 1. | A person who is fully committed to nationalism and his/her duties; |
| 2. | A person wth excellent work performance; |
| 3. | A person with the necessary academic background, experience, etc.; |
| 4. | A person who is able to work for a substantial period in the job field related to the training after completion of training; |
| 5. | A person with necessary foreign language aptitude; |
| 6. | A person who satisfies the age, health, aptitude requirements and other qualifications determined by the Minister of Personnel Management. |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 32-2 (Grant of Training Tasks) |
| (1) | The head of a central administrative agency shall assign to a public official subject to domestic, training tasks related to his/her duties, and provide guidance and support for researching the tasks. |
| (2) | The head of an institution that administers domestic training may assign separate training tasks in addition to the training tasks assigned by the head of the competent central administrative agency. |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 32-3 (Operation of Education and Training Deliberation Committee by Ministry) |
The head of a central administrative agency shall convene a meeting of the public official education and training deliberation committee to deliberate on the appropriateness of the selection of persons subject to domestic training, selection of training tasks, dispatch for training, etc.
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 32-4 (Prior Education) |
| (1) | The head of an institution that administers any domestic training shall conduct prior education for public officials anticipated to undergo training on the matters deemed necessary to achieve the purpose of the training effectively. |
| (2) | If requested by the head of a central administrative agency, the Minister of Personnel Management may conduct the education referred to in paragraph (1), for the persons subject to domestic training to be conducted by the head of the central administrative agency pursuant to Article 13 (1) of the Act. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014> |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
Where a person subject to domestic training receives permission for entrance or approval of training from a training institution, the head of the competent central administrative agency shall examine eligibility for the dispatch by requiring him/her to submit the following matters and then request the Minister of Personnel Management for consultation pursuant to Article 13 (1) of the Act: <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014> | 1. | A training plan (referring to training institution, training period, training field, training method, etc.); |
| 2. | Matters concerning education and training expenses; |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 33 (Guidance and Supervision of Public Officials Undergoing Domestic Training) |
| (1) | The Minister of Personnel Management or the head of a central administrative agency shall periodically or occasionally check the training status of a public official undergoing training in order to achieve the objective of domestic training, and shall provide guidance and supervision necessary for the training and his/her service. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014> |
| (2) | A public official undergoing domestic training shall strive to achieve the objective of training and comply with the following matters: <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014> |
| 1. | Returning to his/her duties without delay after completing training; |
| 2. | Maintaining dignity as public officials during training; |
| 3. | Obligations as a public official being trained, such as complying with the school regulations of the training institution; |
| 4. | Matters instructed by the Minister of Personnel Management or the head of a central administrative agency. |
| (3) | A public official undergoing domestic training shall report to the Minister of Personnel Management or the head of a central administrative agency on his/her location, personal circumstances, and record, progress and outcome of training, and other matters requested by the Minister of Personnel Management or the head of the central administrative agency. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014> |
| (4) | Where a public official undergoing domestic training falls under any of the following cases, he/she shall report thereon immediately to the Minister of Personnel Management or the head of a central administrative agency and follow his/her instruction: <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014> |
| 1. | When he/she intends to modify his/her training plan such as the training institution or training period; |
| 2. | Where any change occurs in his/her status, such as a disease or accident, which may interfere with the training; |
| 3. | Where he/she intends to receive any scholarship, donation, contribution, etc. other than the education and training expenses paid by the State or a local government. |
| (5) | In filing a report with the Minister of Personnel Management or the head of a central administrative agency pursuant to paragraph (4) 3, a public official undergoing domestic training shall submit the following documents: <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014> |
| 1. | Matters concerning the institution paying scholarship, etc.; |
| 2. | Reasons the scholarship, etc. was granted; |
| 3. | The amount of scholarship, etc. |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 33-2 (Payment of Education and Training Expenses) |
The head of an institution that administers domestic training shall pay entrance fees, tuition, fees and other necessary expenses directly incurred in the training of a public official being trained and the details thereof are clearly specified; however, he/she may determine the limit of payment based upon the budget.
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 33-3 (Maintenance of Record) |
| (1) | The head of an institution that administers domestic training and the head of the competent central administrative agency shall maintain the personnel management card of a public official undergoing commissioned training in a form determined by the Minister of Personnel Management, or record and maintain matters concerning the training and service of a public official undergoing training, in a computer system. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014> |
| (2) | The period for preserving each personnel management card of a public official who undergoes commissioned training and matters concerning the training and service of a public official which are recorded in a computer system, shall be until the relevant public official's mandatory service period expires. |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 34 (Order for Return) |
| (1) | Where any public official undergoing domestic training falls under any of the following, the Minister of Personnel Management or the head of a central administrative agency shall order him to return without delay: <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014> |
| 1. | Where he/she is apparently deflected from the purpose of training by violating any obligation or instruction prescribed in Article 33; |
| 2. | Where he/she becomes unable to continue training due to any extenuating circumstance, such as a disease or any other accident. |
| (2) | In ordering return pursuant to paragraph (1), the head of an institution that administers domestic training shall issue a written order for return to the relevant public official and notify the joint guarantor and the head of the competent central administrative agency thereof. |
| (3) | The relevant public official in receipt of a written order for return under paragraph (2) shall return by the designated date. |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 34-2 (Report on Result of Domestic Training) |
| (1) | A public official who has completed domestic training or has been ordered to return pursuant to Article 34, shall report on his/her return, to the head of the institution that administers the training and the head of the competent central administrative agency within three days after return. |
| (2) | A public official who has completed domestic training shall submit a research report on the training tasks, to the head of the competent central administrative agency and the head of the institution that administers the training within 30 days from the completion date of the training. In such cases, he/she shall also submit materials that can indicate the details of the training achievements such as a thesis, if any. |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 35 (Obligation of Mandatory Service) |
| (1) | Pursuant to Article 13 (4) of the Act, the head of a central administrative agency shall require a public official who has undergone domestic training for at least six months (including a person who has undergone domestic training for at least six months as a person who has returned during the domestic training) to serve in a job field related to the field of training for a period same as the training period (in cases of domestic training conducted only after work, for a period corresponding to 50 percent of the training period). |
| (2) | In cases falling under paragraph (1), if any extraordinary ground makes it impractical to impose obligation of mandatory service or makes it impossible to fulfill mandatory service, the obligation of mandatory service may be exempted with prior consent of the Minister of Personnel Management. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014> |
| (3) | If any public official who has undergone domestic training pursuant to paragraph (1) does not serve in a job field related to the field of training, the Minister of Personnel Management may request the head of the relevant central administrative agency to rectify such matter. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014> |
| (4) | Where a person who has undergone domestic training for at least six months becomes unable to fulfill mandatory service under paragraph (1) due to release from office, leave of absence, or change of position (limited to changes of position to an agency, the competent Minister of which defined in subparagraph 3 of Article 2 of the Decree on the Appointment of Public Officials is different), etc., the head of a central administrative agency shall immediately notify the Minister of Personnel Management and the head of the institution that administers the training, of such 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. 24150, Oct. 29, 2012]
| Article 36 (Measures for Return of Expenses Incurred for Reason of Violation of Obligation, etc.) |
| (1) | Where any public official who has undergone or is undergoing domestic training, falls under any of the following, the Minister of Personnel Management or the head of a central administrative agency shall require him/her or his/her joint guarantor to fully or partially return the expenses incurred in the commissioned education and training of the relevant public official, in accordance with the standards specified in attached Table 2: <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014> |
| 1. | Where he/she is dismissed during training (excluding dismissal for inevitable grounds such as a disease or accident); |
| 2. | Where he/she receives an order for return pursuant to Article 34 but fails to return until the designated date without good reason or becomes dismissed due to a reason occurred during training after the return; |
| 3. | Where he/she returns in the midst of training after having violated any obligation or instruction referred to in Article 33 or where he/she quits or abandons a course in the midst of training without any extraordinary ground; |
| 4. | Where he/she fails to fulfill the obligation of mandatory service prescribed in Article 35 (1). |
| (2) | Where a person obligated to return expenses pursuant to paragraph (1) fails to repay them within 90 days from the date of receipt of a notice of return, the Minister of Personnel Management or the head of a central administrative agency shall request the head of the competent tax office to collect them pursuant to Article 13 (5) of the Act. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014> |
| (3) | Where any public official in mandatory service period intends to retire, the head of the central administrative agency shall take measures to redeem the incurred expenses pursuant to paragraph (1) before making the decision on dismissal. In such cases, if the agency which has paid education and training expenses is different from the agency which makes the decision on the dismissal, the head of the agency that makes the decision on the dismissal shall consult with the head of the agency which has paid education and training expenses before deciding on the dismissal. |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 36-2 (Calculation of Incurred Expenses) |
| (1) | Expenses incurred in commissioned education and training pursuant to Article 36 (1) shall consist of all expenses paid by the State during the training period of the public official who has undergone domestic training (including travel expenses, but excluding remuneration; hereinafter the same shall apply). |
| (2) | Notwithstanding paragraph (1), in cases of domestic training, the condition of which is that a public institution or private institution fully or partially pay the training expenses, all expenses paid by the relevant institution during the training period shall be deemed expenses incurred in the commissioned education and training under paragraph (1), to the extent of the amount equivalent to the remuneration paid during the training period. In such cases, subsidies received by the relevant public official in return for giving lectures or providing aids in research during the training, shall not be included in the expenses incurred in the commissioned education and training referred to in paragraph (1). <Amended by Presidential Decree No. 26944, Feb. 3, 2016> |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
CHAPTER V OVERSEAS COMMISSIONED EDUCATION AND TRAINING
| Article 37 (Overseas Commissioned Education and Training Plans, etc.) |
| (1) | The head of a central administrative agency who intends to conduct overseas commissioned education and training pursuant to Article 13 (1) of the Act (hereafter in this Chapter referred to as "overseas training"), shall consult with the Minister of Personnel Management on the matters prescribed in the subparagraphs of Article 31 (1). <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014> |
| (2) | Notwithstanding paragraph (1), if the head of a central administrative agency intends to conduct overseas training for less than one year pursuant to the Regulations on International Cooperation in Science and Technology, he/she need not consult with the Minister of Personnel Management. In such cases, the Minister of Science, ICT and Future Planning shall notify the Minister of Personnel Management of the status of overseas training on a quarterly basis. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (3) | Where the head of a central administrative agency intends to reach agreement with any foreign government or international organization to conduct overseas training of the public officials under his/her jurisdiction for at least one year, he/she shall first consult with the Minister of Personnel Management, except as otherwise expressly provided for in any other Acts and subordinate statutes. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014> |
| (4) | Each annual plan for commissioned education and training of public officials under Article 13 (2) of the Act shall include the matters prescribed in the subparagraphs of Article 31 (1). |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 37-2 (Selection of Training Institutions) |
| (1) | A public official selected as a person subject to overseas training shall select a training institution through which he/she can effectively achieve the objective of training and obtain permission to enter or approve training from the relevant training institution. |
| (2) | The head of an institution that administers overseas training shall provide necessary support, such as providing necessary materials, information and financial guarantees, for a public official selected as a person subject to overseas training to obtain permission for entrance or approval of training referred to in paragraph (1). |
| (3) | When deemed necessary, the head of an institution that administers overseas training may directly negotiate with a training institute for a person subject to overseas training to be able to enter the relevant training institution or to undergo training therein. |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 38 (Modification of Overseas Training Plans) |
| (1) | If a public official undergoing overseas training intends to partially amend his/her overseas training plan, such as objective of training, training institution, or training methods, he/she shall prepare the following documents and file an application therefor with the Minister of Personnel Management or the head of the central administrative agency that administers the overseas training, through the head of the cental administrative agency to which he/she belongs: <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014> |
| 1. | Details of the amendment to the training plan; |
| 2. | Reasons for amending the training plan and related documents; |
| 3. | A letter of recommendation from the head of the training institution or related official; |
| 4. | A detailed statement of the increase or decrease of the required expenses subsequent to the amendment to the training program, and documents substantiating such fact. |
| (2) | The Minister of Personnel Management or the head of a central administrative agency in receipt of an application under paragraph (1) may approve the amendment to overseas training plan only if such modification is inevitable and the objective of overseas training is deemed effectively achievable. In such cases, if the head of the central administrative agency that administers the overseas training intends to approve the modification of the overseas training plan as to the change of the training country or the extension of training period involving filling a vacancy, he/she shall first consult with 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. 24150, Oct. 29, 2012]
| Article 38-2 (Guidance, Supervision, etc. of Public Officials Undergoing Overseas Training) |
| (1) | The head of an institution that administers overseas training may consult with the Minister of Foreign Affairs on the matters concerning the guidance and supervision of a public official undergoing overseas training and the payment of his/her education and training expenses and request cooperation from the head of the diplomatic mission abroad having jurisdiction over the relevant public official. In such cases, the head of the diplomatic mission abroad shall notify the head of the institution that administers overseas training, without delay, of the status of guidance and supervision of the public official undergoing overseas training, matters reported by the relevant public official, and other necessary matters. <Amended by Presidential Decree No. 24425, Mar. 23, 2013> |
| (2) | Public officials undergoing overseas training shall report his/her training plan, location, etc. to the head of the competent diplomatic mission abroad immediately after his/her arrival. |
| (3) | Each public official undergoing overseas training shall take necessary measures, such as purchasing a medical insurance policy, to prepare for diseases or other personal accidents during the training period, or maintaining constant contact with the training institution, the competent diplomatic mission abroad, the institution that administers the training, and the central administrative agency to which he/she belongs. |
| (4) | When a public official who has completed overseas training intends to return to Korea, he/she shall first report such fact to the head of the diplomatic mission abroad. |
| (5) | Where a public official undergoing overseas training intends to resign during the training period, he/she shall return to Korea and submit his/her resignation to the head of the agency to which he/she belongs. |
| (6) | The head of a central administrative agency shall conduct follow-up management, such as evaluating research reports, pursuant to Article 34-2 (2) which applies mutatis mutandis to public official undergoing overseas training under Article 43, as determined by the Minister of Personnel Management. <Newly Inserted by Presidential Decree No. 26944, Feb. 3, 2016> |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 39 (Payment of Overseas Training Expenses) |
| (1) | The Minister of Personnel Management or the head of a central administrative agency may pay the entrance fee, tuition, living expenses, and fees (in cases of job training conducted by an international organization, foreign government agency, etc., referring to the training expenses payable to such institution, etc.) and other necessary expenses incurred for overseas training, within budgetary limits. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014> |
| (2) | Where deemed necessary to efficiently achieve the purpose of training of a public official undergoing overseas training with any funds outside the budget, the Minister of Personnel Management or the head of a central administrative agency may pay the difference between the training expenses paid from such funds and the training expenses paid pursuant to paragraph (1). <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014> |
| (3) | The head of an institution that administers overseas training shall pay round-trip airfare and living expenses to a public official who undergoes overseas training, from the budget, according to the standards specified in attached Table 3, and in addition thereto, may pay the round-trip airfare for his/her spouse, son or daughter, etc. (if the period of overseas training is less than six months, this shall be limited to where his/her spouse, son or daughter, etc. needs to assist his/her training, because it is difficult for him/her to stay abroad alone due to a physical disability), medical insurance fee, medical aids money, livelihood reserve, and repatriation expenses. In such cases, the amount of the living expenses to be paid shall be calculated on a monthly basis, and the number of days less than one month shall be calculated on a daily basis assuming one month as 30 days. |
| (4) | The period for paying the living expenses referred to in paragraph (3) may include the period for preparation and closing stipulated in the standard specified in attached Table 4, in addition to the period directly required for overseas training. |
| (5) | Where a public official who has undergone overseas training falls under any of the following cases, the Minister of Personnel Management or the head of a central administrative agency may recoup the training expenses to the extent of 20 percent of the amount paid pursuant to paragraph (1): <Newly Inserted by Presidential Decree No. 26944, Feb. 3, 2016> |
| 1. | Where he/she fails to achieve the objective of overseas training, such as completing an academic program originally planned or the acquisition of a degree; |
| 2. | Where the contents of the research report referred to in Article 34-2 (2) which applies mutatis mutandis under Article 43 are found to be unrelated to the assigned training tasks or have plagiarized other research reports or theses; |
| 3. | Where he/she fails to submit a research report referred to in Article 34-2 (2) which applies mutatis mutandis under Article 43 within the time limit. |
| (6) | Except as otherwise expressly provided for in paragraph (5), matters necessary for the specific object of recouping overseas training expenses, and the standards, procedures, etc, for the redemption shall be determined by the Minister of Personnel Management. <Newly Inserted by Presidential Decree No. 26944, Feb. 3, 2016> |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 40 (Temporary Return to Korea) |
| (1) | A public official who intends to temporarily return to Korea shall specify the reasons therefor and obtain approval from the head of the competent central administrative agency. |
| (2) | In cases falling under paragraph (1), the head of a central administrative agency shall inform without delay the details of the approval for temporary return to Korea to the head of the institution that administers the overseas training. |
| (3) | The expenses required for temporary return to Korea shall be borne by the public official who undergoes overseas training; and the living expenses during the period of temporary return shall be paid for a period not exceeding 15 days each year. |
| (4) | Where the reason for temporary return to Korea is a family event which is a subject-matter of special leave prescribed in Article 20 (1) of the State Public Officials Service Regulations, no period of temporary return shall be included in the period of temporary return for settlement of living expenses referred to in paragraph (3). In such cases, the period to be excluded from the period of temporary return, for the settlement of living expenses by family event, shall be within the range of the number of corresponding vacation days specified in attached Table 2. |
[This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
| Article 41 (Leave of Absence for Study Abroad) |
Where a person who has the authority of appointment or proposal therefor intends to order a public official who is in a mandatory service period after completing at least six months’ overseas training pursuant to Article 13 of the Act to take a leave of absence for studying abroad pursuant to Article 71 (2) 2 of the State Public Officials Act, he/she shall have the relevant public official undergo the process for taking leave of absence in accordance with the standards determined 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. 24150, Oct. 29, 2012]
| Article 42 (Obligation of Mandatory Service of Overseas Trained Public Officials) |
| (1) | Pursuant to Article 13 (4) of the Act, the head of a central administrative agency shall require a public official who has undergone overseas training for at least six months (including a person who has undergone overseas training for at least six months as a person who has returned during overseas training) to serve in a job field related to the field of training for the period twice the training period. |
| (2) | In cases falling under paragraph (1), if any extraordinary ground makes it impractical to impose mandatory service or that makes it impossible to fulfill mandatory service, the obligation of mandatory service may be exempted with prior consent from the Minister of Personnel Management. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014> |
| (3) | If any public official who has undergone overseas training pursuant to paragraph (1) fails to serve in a job field related to the field of training, the Minister of Personnel Management may request the head of the relevant central administrative agency to make a correction. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014> |
| (4) | Where a person who has undergone overseas training for at least six months becomes unable to fulfill mandatory service under paragraph (1) due to release from office, leave of absence, or change of position (limited to the change of position to an agency, the competent Minister of which defined in subparagraph 3 of Article 2 of the Decree on the Appointment of Public Officials is different), etc., the head of a central administrative agency shall immediately notify the Minister of Personnel Management and the head of the institution that administers the training, of such 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. 24150, Oct. 29, 2012]
| Article 43 (Provisions Applicable Mutatis Mutandis) |
Articles 32, 32-2 through 32-5, 33, 33-3, 34, 34-2, 36 and 36-2 shall apply mutatis mutandis respectively to selection of persons subject to overseas training, allocating training tasks, operating an education and training deliberation committee for each Ministry, prior education, dispatch, guiding, and supervising public officials undergoing training, maintenance of record, order for return, report on results of training, measures for redemption of expenses incurred for reason of violation of obligation, etc., and calculation of incurred expenses; and Article 38 shall apply mutatis mutandis to amending domestic commissioned education and training plan. [This Article Wholly Amended by Presidential Decree No. 24150, Oct. 29, 2012]
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 44 (Management of Personally Identifiable Information) |
The Minister of Personnel Management, the head of a central administrative agency, and the head of an education and training institution may manage data which includes resident registration numbers, passport numbers, or alien registration numbers under subparagraph 1, 2, or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if essential to performing the affairs related to the human resource development pursuant to Article 7. [This Article Newly Inserted by Presidential Decree No. 26944, Feb. 3, 2016]
ADDENDUM
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Instructors) Notwithstanding Article 21 (3) and (4), each instructor serving in an education and training institution as at the time this Act enters into force, may continuously serve as an instructor until June 30, 1982. |
| (3) | (Transitional Measures concerning Reappointment of Professors, etc. in Service) Each professor, associate professor, assistant professor, or full-time lecturer serving in an education and training institution as at the time this Act enters into force, shall be reappointed pursuant to Article 24 by no later than June 30, 1982. |
ADDENDA <Presidential Decree No. 13282, Feb. 1, 1991>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 13413, Jul. 1, 1991>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date the Seoul Metropolitan Council is constituted.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 13823, Dec. 31, 1992>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 13990, Oct. 11, 1993>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Repaying Incurred Expenses) Notwithstanding the amended provisions of Article 35 (1), the calculation of the amount of incurred expenses to be repaid for violating obligation of mandatory service by a person who has retired after undergoing special training before this Decree enters into force, shall be governed by the former provisions. |
ADDENDA <Presidential Decree No. 14438, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 14630, Apr. 20, 1995>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 15680, Feb. 24, 1998>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 16079, Dec. 31, 1998>
| (1) | (Enforcement Date) This Decree shall enter into force on January 1, 1999. |
| (2) | (Transitional Measures concerning Instructors in Service) Each instructor appointed under the former provisions of Article 21 as at the time this Decree enters into force, shall be deemed appointed as a member of teaching personnel under the amended provisions of Articles 21 and 22. |
| (3) | (Transitional Measures concerning Appointment of Professors, etc.) Each instructor appointed under the former provisions of Article 21 as at the time this Decree enters into force shall be deemed appointed as a member of teaching personnel under the amended provisions of Article 5 of the Act. |
| (4) | (Transitional Measures concerning Mandatory Service Period) The mandatory service period of a person who has undergone overseas training before this Decree enters into force; or a person who is undergoing overseas training as at the time this Decree enters into force, shall be governed by the former Article 35. |
ADDENDUM <Presidential Decree No. 18192, Dec. 30, 2003>
| (1) | (Enforcement Date) This Decree shall enter into force on January 1, 2004. |
| (2) | (Applicability to Standards for Calculation of Amount of Incurred Expenses to be Repaid) The amended provisions of the attached Table shall begin to apply from the first case that falls under any subparagraph of Article 36 (1) on and after January 1, 2004. |
ADDENDUM <Presidential Decree No. 18425, Jun. 11, 2004>
This Decree shall enter into force on June 12, 2004.
ADDENDA <Presidential Decree No. 19621, Jul. 21, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the provisions of Articles 11-3 through 11-5 shall enter into force on January 2, 2007.
Article 2 (Special Provisions concerning Reflection of Hours of Education and Training in Promotion in 2007)
| (1) | Notwithstanding the amended provisions of Articles 11-3, the promotion of a public official of Grade IV to Grade III not belonging to the Senior Executive Service during the period from January 1, 2007 to December 31, 2007, shall be governed by the former provisions. |
| (2) | Notwithstanding the amended provisions of Articles 11-3 and 11-5, where promoting a public official not exceeding Grade V (including a researcher or instructor) or a public official in skilled technical service during a period from January 1, 2007, to December 31, 2007, a person whose rating score of training achievement under Chapter IV of the Regulations on Rating of Public Officials (Presidential Decree No. 18421) (hereafter in this Article referred to as "training rating score") as of December 31, 2006 reaches a specific criteria determined by the head of a central administrative agency, shall be eligible to be screened for promotion or to apply for a promotion examination. In such cases, if the head of a central administrative agency deems it necessary, education and training completed in 2007 may be reflected in the training rating score. |
| (3) | The head of a central administrative agency shall notify public officials under his/her jurisdiction, of the training rating score necessary for screening for promotion, etc. referred to in paragraph (2), by September 30, 2006. |
Article 3 (Adjustment of Standard Hours of Education and Training)
Where deemed necessary, the head of a central administrative agency may implement the annual standard hours of education and training specified in attached Table 1, after adjusting it to at least 60 hours until December 31, 2010.
ADDENDA <Presidential Decree No. 20213, Aug. 6, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 20215, Aug. 6, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability)
The amended provisions of Article 42 (1) shall begin to apply from the first person selected as a candidate for overseas training after this Decree enters into force.
ADDENDUM <Presidential Decree No. 20493, Dec. 28, 2007>
This Decree shall enter into force on January 1, 2008.
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. 21143, Dec. 3, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability)
The amended provisions of Article 39 (3) and attached Table 3 shall also apply to persons undergoing training as at the date this Decree enters into force.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21717, Sep. 8, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 22531, Dec. 20, 2010>
This Decree shall enter into force on January 1, 2011.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23644, Feb. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That ---<Omitted>--- the amended provisions of Articles 2 and 3 shall enter into force on July 22, 2012.
Articles 2 through 4 Omitted
ADDENDUM <Presidential Decree No. 24150, Oct. 29, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24425, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of the Presidential Decrees promulgated before this Decree enters into force, but the dates on which they enter into force have yet to arrive among the Presidential Decrees amended pursuant to Article 6 of the Addenda shall respectively enter into force on the dates such Presidential Decree enters into force.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 24897, Dec. 4, 2013>
This Decree shall enter into force on December 12, 2013.
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 the amended provisions of the Presidential Decrees promulgated before this Decree enters into force but the dates on which they enter into force have yet to arrive among the Presidential Decrees amended pursuant to Article 5 of the Addenda shall respectively enter into force on the dates such Presidential Decrees enter into force.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26944, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation
Article 2 (Applicability to Redemption of Overseas Training Expenses)
The amended provisions of Article 39 (5) shall begin to apply from the first public official who undergoes overseas commissioned education and training after this Decree enters into force.
Article 3 Omitted.
Article 4 (Relationship to other Acts and Subordinate Statutes)
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.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended parts of the Presidential Decrees which were promulgated before this Decree enters into force, but the dates on which they enter into force have yet to arrive among the Presidential Decrees amended pursuant to Article 8 of the Addenda shall respectively enter into force on the dates such Presidential Decrees enter into force.
Articles 2 through 8 Omitted.