EDUCATION AND TRAINING OF LOCAL PUBLIC OFFICIALS ACT
Wholly Amended by Act No. 10734, May 30, 2011
Amended by Act No. 11531, Dec. 11, 2012
Act No. 11690, Mar. 23, 2013
Act No. 11996, Aug. 6, 2013
Act No. 12844, Nov. 19, 2014
Act No. 13696, Dec. 29, 2015
Act No. 14197, May 29, 2016
Act No. 14839, Jul. 26, 2017
The purpose of this Act is to have public officials serving in the local governments develop desirable public office ethics to be cherished as civil servants, and techniques and capability to efficiently perform duties.
| Article 2 (Scope of Application) |
| Article 3 (Duties, etc. of Heads of Local Governments) |
| (1) | The heads of local governments (including the superintendents of education; hereinafter the same shall apply) shall formulate and implement policy measures necessary for the education and training of local public officials under their control. |
| (2) | In order to develop the education and training of local public officials, the Minister of Education and the Minister of the Interior and Safety shall provide necessary guidance and assistance to local governments and to the education and training institutes for local public officials. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| Article 4 (Responsibilities of Receiving Education and Training) |
| (1) | All local public officials shall faithfully receive education and training prescribed by this Act in order to enhance work efficiency and quality of public service. |
| (2) | The heads of local governments shall ensure local public officials under their control receive education and training as prescribed by Presidential Decree. |
| Article 5 (Establishment of Basic Education and Training Plans) |
| (1) | The heads of local governments shall establish a five-year basic education and training plan in order to systematically develop the capability of local public officials under their control. |
| (2) | A five-year basic education and training plan shall include the following matters: |
| 1. | Objectives of education and training; |
| 2. | Analyzing the medium and long-term demand trends for human resources and the capabilities of local public officials under their control; |
| 3. | Predicting the medium- and long-term demand trends for education and training; |
| 4. | Implementation of education and training; |
| 5. | Improvement and development of education and training institutes; |
| 6. | Medium- and long-term plan for investment in education and training; |
| 7. | Other matters necessary for education and training. |
| (3) | The heads of local governments shall establish and promote annual implementation plans in accordance with the basic education and training plan. |
| Article 6 (Establishment of Self-Development Plans) |
| (1) | Local public officials shall formulate an annual self-development plan as prescribed by Presidential Decree and receive education and training for specific hours. |
| (2) | The heads of local governments shall give support to local public officials under their control so that they may choose education and training institutes and education courses according to the self-development plans and obtain education and training. |
| Article 7 (Appointment of Public Officials Responsible for Education and Training) |
The heads of local governments shall appoint a public official responsible for education and training who comprehensively controls the formulation and implementation of policy measures for education and training of local public officials under their control.
| Article 8 (Education and Training Institutes) |
| (1) | The education and training of local public officials under the control of the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors, and the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") and of local public officials under the control of the heads of Sis, Guns, and autonomous Gus within the jurisdiction of the Special Metropolitan City, Metropolitan Cities, and Dos (hereinafter referred to as "City/Do") shall be provided by the education and training institutes (hereinafter referred to as "local public officials training institute") established under the Mayors/Do Governors as prescribed in Article 113 of the Local Autonomy Act. <Amended by Act No. 11996, Aug. 6, 2013> |
| (2) | In cases of a City/Do in which no local public officials training institute is established, a local public officials training institute under the control of another Mayor/Do Governor shall provide an integrated education and training for local public officials under the control of the head of the relevant City/Do and of local public officials under the control of the heads of Sis, Guns, and autonomous Gus within the jurisdiction of the relevant City/Do. <Amended by Act No. 11996, Aug. 6, 2013> |
| (3) | Notwithstanding paragraph (1), the education and training of local public officials of Grade V or higher (including candidates for local public officials of Grade V) as prescribed by Presidential Decree shall be provided by a specialized education and training institute established under the control of the Minister of the Interior and Safety as prescribed in Article 4 (1) of the Act on the Capacity Development of Public Officials. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 13696, Dec. 29, 2015; Act No. 14839, Jul. 26, 2017> |
| (4) | Necessary matters concerning methods of integrated education and training provided under paragraph (2), procedures therefor, etc. shall be prescribed by municipal ordinance of the relevant City/Do as prescribed by Presidential Decree. <Amended by Act No. 11996, Aug. 6, 2013> |
| (5) | The education and training of local public officials under the control of the superintendents of education shall be provided by the education and training institutes prescribed by Presidential Decree. |
| Article 9 (Designation of Open Positions) |
A Mayor/Do Governor and a superintendent of education may designate the position of the head of an education and training institute as an open position in order to secure efficiency and specialty of the operation of an education and training institute.
| Article 10 (Teaching Personnel) |
| (1) | Local public officials training institutes may place teaching personnel to be in charge of lecture, research, and the operation of education. |
| (2) | Teaching personnel in charge of research as prescribed in paragraph (1) shall perform specialized duties, such as the development and operation of curricula, preparation of teaching materials, research into designated tasks, etc. |
| (3) | Where a Mayor/Do Governor and a superintendent of education select teaching personnel of affiliated education and training institutes from among local public officials under their control, they shall select persons who are excellent in service record and have qualifications necessary for the provision of lectures and education. |
| (4) | A Mayor/Do Governor and a superintendent of education may employ teaching personnel as public officials on a contractual basis within the extent of the fixed number of employees prescribed by municipal ordinance. <Amended by Act No. 11531, Dec. 11, 2012> |
| (5) | Necessary matters concerning the qualifications, etc. for teaching personnel shall be prescribed by Presidential Decree. |
| Article 11 (Notification of Basic Capacity Development Policies) |
The Minister of Education and the Minister of the Interior and Safety shall notify the heads of local governments and the heads of education and training institutes of the basic policy on the capacity development of public officials prescribed in Article 2 of the Act on the Capacity Development of Public Officials. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 13696, Dec. 29, 2015; Act No. 14839, Jul. 26, 2017>
| Article 12 (Formulation of Education and Training Plans) |
The heads of education and training institutes shall formulate education and training plans for relevant education and training institutes in accordance with the annual implementation plan prescribed in Article 5 (3).
| Article 13 (Research and Improvement of Curricula, etc.) |
The heads of education and training institutes shall endeavor to enhance the quality of teaching personnel under their control and to improve teaching methods so as to raise the outcomes of education and training, and make a study and improvement of curricula so that such curricula are appropriate for application in practice.
| Article 14 (Appointing Public Officials, etc. to Additional Post of Teaching Personnel) |
| (1) | Where necessary to have teaching personnel conduct specific curriculum areas, a Mayor/Do Governor and a superintendent of education may appoint public officials in the relevant field or private specialists to hold concurrent offices to serve as teaching personnel irrespective of the fixed number of employees. In such cases, where a person who is appointed to a concurrent post of teaching personnel is a public official, they shall consult with the head of the relevant agency. |
| (2) | Allowances for concurrent offices may be paid to a public official who holds a concurrent post as prescribed in paragraph (1), within budgetary limits, as prescribed by Presidential Decree. |
| Article 15 (Payment of Education and Training Allowances) |
Education and training allowances may be paid to public officials in charge of education and training at the education and training institutes within budgetary limits as prescribed by Presidential Decree.
| Article 16 (Recommendation of Establishment of Specialized Education and Training Courses) |
Where deemed necessary, the Minister of Education and the Minister of the Interior and Safety may recommend the heads of local governments to establish specialized education and training courses for each education and training institute. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
| Article 17 (Assumption of Education and Training Expenses) |
Where local public officials receive education and training under this Act at a training institute under the control of the head of another local government or the head of a central administrative agency or private training institute, the head of the relevant agency shall assume all or some of the expenses, as prescribed by Presidential Decree.
| Article 18 (Appropriation of Education and Training Budget) |
| (1) | The Minister of Education and the Minister of the Interior and Safety may prescribe standards for securing expenses necessary for education and training in consideration of the demand for education and training of local public officials. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | When the heads of local governments make a budget for each fiscal year, they shall preferentially appropriate expenses to be incurred for the education and training of local public officials under their control in the budget. In such cases, where standards for securing expenses are prescribed pursuant to paragraph (1), appropriation shall follow such standards. |
| Article 19 (Commissioned Education and Training) |
| (1) | The heads of local governments may formulate a plan for commissioned education and training domestically and overseas, and have local public officials under their control receive education and training for a specified period by commissioning them to domestic or foreign institutes. |
| (2) | Where the Minister of Education and the Minister of the Interior and Safety recognize it necessary for the enhancement of specialty and quality of local public officials, they may formulate and implement a plan for domestic commissioned education and training for local public officials as prescribed by Presidential Decree: Provided, That a plan for domestic commissioned education and training for local public officials of Grade VI or lower may be formulated and implemented by a relevant Mayor/Do Governor and superintendent of education. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | The heads of local governments shall guide and supervise local public officials under their control who are receiving education and training, so that they may achieve the goal of such education and training as prescribed by Presidential Decree. |
| (4) | The heads of local governments may impose mandatory service for a specific period prescribed by Presidential Decree within the extent of six years on the local public officials who have received education and training as prescribed in paragraphs (1) and (2). |
| (5) | Where local public officials who have received education and training or who are receiving education and training fail to comply with instructions for guidance and supervision prescribed in paragraph (3) or fail to conduct mandatory service prescribed in paragraph (4), they may order the principal or joint guarantor to return all or some of the expenses incurred in the education and training as prescribed by Presidential Decree. |
| Article 20 (Workplace Training) |
| (1) | The heads of local governments shall formulate a workplace training plan and implement training pursuant to such plan, to establish a proper mental attitude in local public officials under their control and to improve their job performing abilities. |
| (2) | The heads of local governments may reflect the outcomes of workplace training of local public officials under their control in the personnel management as prescribed by Presidential Decree. |
| Article 21 (Evaluation of Education and Training) |
The Minister of Education and the Minister of the Interior and Safety may evaluate the contents, methods, outcome, etc. of education and training of local public officials, publicly announce the results, and request the heads of relevant local governments to correct matters that may require correction. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
| Article 22 (Request for Education and Training) |
The Minister of Education and the Minister of the Interior and Safety may request the heads of local governments to conduct education and training relating to the national policy for smooth cooperation in implementing the policy. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
| Article 23 (Operation of Education and Training Institutes) |
| (1) | Where necessary for the efficient operation of education and training institutes, the heads of the education and training institutes may provide education and training facilities, education and training operational process, etc. to the State agencies, public organizations or private individuals at a cost. |
| (2) | The revenues from the provision of education and training facilities, education and training operational process, etc. at a cost may be recorded as substitute expenses for revenues prescribed in Article 26 of the Local Accounting Act. <Amended by Act No. 14197, May 29, 2016> |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Appointment of Education and Training Officers)
An education and training officer appointed under the previous provisions as at the time this Act enters into force shall be deemed appointed as prescribed by this Act.
Article 3 (Transitional Measures concerning Education and Training, etc.)
The education and training, and self-development plans already finished or underway under the previous provisions as at the time this Act enters into force shall be deemed the education and training, and self-development plans finished or underway as prescribed by this Act, respectively.
Article 4 (Transitional Measures concerning Teaching Personnel)
Professors, associate professors, assistant professors, and full-time lecturers of the education and training institutes appointed under the previous provisions as at the time this Act enters into force shall be deemed to have been appointed as prescribed by this Act, respectively.
Article 5 (Relationship with other Acts and Subordinate Statutes)
A citation to a provision of the previous Education and Training of Local Public Officials Act in force as at the time this Act enters into force shall be deemed a citation to the corresponding provision of this Act in lieu of the previous provision, if such corresponding provision exists herein.
ADDENDA <Act No. 11531, Dec. 11, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 11996, Aug. 6, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13696, Dec. 29, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2016.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 14197, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended pursuant to Article 5 of this Addenda, amended parts of the Acts which were promulgated before this Act enters into force but the enforcement dates of which have not arrived, shall enter into force on the enforcement date of the relevant Act, respectively.
Articles 2 through 6 Omitted.