DECREE ON DISCIPLINARY ACTION AGAINST PUBLIC OFFICIALS
Wholly Amended by Presidential Decree No. 5046, jun. 15, 1970
Amended by Presidential Decree No. 5944, Dec. 31, 1971
Presidential Decree No. 6652, Apr. 27, 1973
Presidential Decree No. 8108, May 7, 1976
Presidential Decree No. 10101, Dec. 18, 1980
Presidential Decree No. 10339, jun. 9, 1981
Presidential Decree No. 11604, Dec. 31, 1984
Presidential Decree No. 11837, Dec. 31, 1985
Presidential Decree No. 12363, Dec. 31, 1987
Presidential Decree No. 13413, Jul. 1, 1991
Presidential Decree No. 15609, Jan. 16, 1998
Presidential Decree No. 16784, Apr. 18, 2000
Presidential Decree No. 17669, Jul. 13, 2002
Presidential Decree No. 19683, Sep. 22, 2006
Presidential Decree No. 19885, Feb. 12, 2007
Presidential Decree No. 20470, Dec. 28, 2007
Presidential Decree No. 20741, Feb. 29, 2008
Presidential Decree No. 21087, Oct. 20, 2008
Presidential Decree No. 21351, Mar. 18, 2009
Presidential Decree No. 22199, jun. 15, 2010
Presidential Decree No. 22373, Sep. 10, 2010
Presidential Decree No. 22633, Jan. 24, 2011
Presidential Decree No. 23807, May 23, 2012
Presidential Decree No. 24080, Sep. 5, 2012
Presidential Decree No. 24425, Mar. 23, 2013
Presidential Decree No. 24556, May 31, 2013
Presidential Decree No. 24925, Dec. 11, 2013
Presidential Decree No. 25000, Dec. 16, 2013
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 26478, Aug. 3, 2015
Presidential Decree No. 26568, Sep. 25, 2015
Presidential Decree No. 26656, Nov. 18, 2015
Presidential Decree No. 27607, Nov. 22, 2016
Presidential Decree No. 27787, Jan. 10, 2017
Presidential Decree No. 28890, May 15, 2018
Presidential Decree No. 29697, Apr. 16, 2019
Presidential Decree No. 30017, Aug. 6, 2019
The purpose of this Decree shall be to prescribe the matters necessary to take disciplinary actions against public officials and to impose disciplinary surcharges pursuant to Chapter 10 of the State Public Officials Act. [This Article Newly Inserted by Presidential Decree 24925, Dec. 11, 2013]
| Article 1-2 (Scope of Application) |
Except as otherwise expressly provided for in other Acts or subordinate legislation, this Decree shall govern the disciplinary actions taken against and the imposition of disciplinary surcharge on public officials in career service, and public officials in extraordinary civil service, under the jurisdiction of the executive branch (herein after referred to as “public officials”) to whom Chapter 10 of the State Public officials Act (hereinafter referred to as “the Act”) apply mutatis mutandis. <Amended by Presidential Decree No. 22199, Jun. 15, 2010; Presidential Decree No. 24925, Dec. 11, 2013> [This Article Wholly Amended by Presidential Decree No. 21351, Mar. 18, 2009]
| Article 1-3 (Definitions) |
The terms used in this Decree shall be defined as follows:
| 1. | The term “severe disciplinary action” means removal, dismissal, demotion, or suspension from office; |
| 2. | The term “moderate disciplinary action” means salary reduction or censure. |
[This Article Wholly Amended by Presidential Decree No. 21351, Mar. 18, 2009]
| Article 2 (Kinds and Jurisdictions of Disciplinary Committees) |
| (1) | The disciplinary committees shall be classified into a central disciplinary committee and a general disciplinary committee. |
| (2) | The Central Disciplinary Committee shall deliberate on and adopt resolutions in cases concerning any of the following disciplinary actions, or cases concerning a disciplinary surcharge under Article 78-2 of the Act (hereinafter referred to as “a disciplinary surcharge”): <Amended by Presidential Decree No. 22199, Jun. 15, 2010; Presidential Decree No. 24925, Dec. 11, 2013; Presidential Decree No. 25000, Dec. 16, 2013; Presidential Decree No. 27787, Jan. 10, 2017> |
| 1. | Cases concerning disciplinary action against or a disciplinary surcharge on (hereinafter referred to as “disciplinary action, etc.”) a public official belonging to the Senior Civil Service Corps; |
| 1-2. | Cases concerning disciplinary action, etc. against any of the following public officials (hereinafter referred to as “a public official, etc. of at least Grade Ⅴ”); |
| (a) | A public official of at least Grade Ⅴ; |
| (b) | A public official in professional career service who belongs to Group A; |
| (c) | A senior research official and a senior technical advisor; |
| (d) | A public official of at least Grade II in postal service; |
| (e) | A public official in professional service with a fixed term of office (including a public official in professional service with a fixed term of office and selected working hours) who belongs to at least Group B; |
| (f) | A public official in extraordinary civil service who is paid a salary equivalent to that of a public official in general service of at least Grade Ⅴ; |
| (g) | A senior professional service official and professional service official; |
| 2. | Cases concerning disciplinary action, etc. against a public official in special service who is subject to resolution of disciplinary action or a disciplinary surcharge passed by the Central Disciplinary Committee pursuant to other Acts or subordinate legislation (hereinafter referred to as “a resolution on disciplinary action, etc.”); |
| 3. | Cases concerning disciplinary action, etc. against any of the following public officials (hereinafter referred to as “a public official, etc. of not less than Grade Ⅵ”) for whom the Prime Minister requires a resolution on disciplinary action, etc., as a result of an inspection conducted pursuant to the order issued by the President or the Prime Minister; |
| (a) | A public official of not less than Grade VI; |
| (b) | A public official in professional career service who belongs to Group B or C; |
| (c) | A research official and a technical advisor; |
| (d) | A public official in postal service of not less than Grade III; |
| (e) | A public official in professional service with a fixed term of office (including a public official in professional service with selected working hours) who belongs to not less than Group C; |
| (f) | A public official in temporary service with a fixed term of office; |
| (g) | A public official in extraordinary civil service who is paid a salary equivalent to that of a public official in general service of not less than Grade VI; |
| 4. | Cases concerning the request of a severe disciplinary action or a disciplinary surcharge related thereto (hereinafter referred to as “severe disciplinary action, etc.”) against a public official, etc. of not less than Grade VI who belongs to a central administrative agency. |
| (3) | A general disciplinary committee shall deliberate on and adopt resolutions on cases concerning disciplinary action, etc. (excluding a case concerning disciplinary action, etc. under paragraph (2) 3) of a public official, etc. of not less than Grade VI. <Amended by Presidential Decree No. 22199, Jun. 15, 2010; Presidential Decree No. 24925, Dec. 11, 2013> |
| (4) | Cases concerning the request of a severe disciplinary action, etc. against a public official, etc. of not less than Grade Ⅵ shall be deliberated on and decided by a disciplinary committee established in the central administrative agency: Provided, That this shall not apply where the said case falls under the jurisdiction of the Central Disciplinary Committee pursuant to paragraph (2) 3 or 4. <Amended by Presidential Decree No. 22199, Jun. 15, 2010; Presidential Decree No. 24925, Dec. 11, 2013; Presidential Decree No. 26478, Aug. 3, 2015> |
| (5) | Where with respect to any case concerning disciplinary action, etc. involving at least two public officials, disciplinary committees having jurisdiction over them are different from each other, notwithstanding the provisions of paragraphs (2) through (4), the general disciplinary committee (the Central Disciplinary Committee where the said relevant public officials falls under the jurisdiction of the Central Disciplinary Committee) established under the highest agency among (the higher agency between) those disciplinary committees which have jurisdiction over any of the relevant public officials) shall, deliberate on and adopt a resolution on the said case, while if those competent disciplinary committees are on the same level, the general disciplinary committee established under the agency immediately higher than the agencies under which the former committees are established (if such immediately higher agencies of the latter agencies differ from each other, the disciplinary committee established under the agency which is two levels higher than the latter agencies) shall deliberate on and adopt a resolution on the case: Provided, That where the disciplinary committee having jurisdiction over the said case deems that it is reasonable to separately deliberate on and pass resolutions on the cases concerning disciplinary actions, etc, against the relevant public officials, it may, in accordance with its resolution, transfer those cases to the competent disciplinary committees under paragraphs (2) through (4). <Amended by Presidential Decree No. 22199, Jun. 15, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21351, Mar. 18, 2009]
| Article 3 (Establishment of Disciplinary Committees) |
| (1) | The Central Disciplinary Committee shall be established under the authority of the Prime Minister. |
| (2) | A general disciplinary committee shall be established under a central administrative agency: Provided, That where the head of a central administrative agency deems it necessary, he/she may also establish it under an administrative agency affiliated therewith. <Amended by Presidential Decree No. 24925, Dec. 11, 2013; Presidential Decree No. 26478, Aug. 3, 2015> |
| (3) | When establishing a general disciplinary committee under an administrative agency affiliated pursuant to the proviso to paragraph (2), the head of a central administrative agency shall determine matters necessary for the operation, etc. thereof in advance. <Newly Inserted by Presidential Decree No. 28890, May 15, 2018> |
| (4) | A general disciplinary committee may adjust the scope of jurisdiction so that public officials (including a member of the Senior Executive Service) whose grade is higher than that of a public official subject to disciplinary action, etc. may become the members thereof. In such cases, a public official subject to disciplinary action, etc. who is excluded from the scope of jurisdiction shall be subject to the jurisdiction of the disciplinary committee which is established under a immediately higher supervisory organ. <Amended by Presidential Decree No. 22199, Jun. 15, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21351, Mar. 18, 2009]
| Article 4 (Composition, etc. of the Central Disciplinary Committee) |
| (1) | The Central Disciplinary Committee shall be comprised of at least 17, but up to 33 persons of public official members and civilian members, including one chairperson. In this case, the number of civilian members shall be at least 1/2 of the number of all the members, excluding the chairperson. <Amended by Presidential Decree No. 25751, Nov. 19, 2014> |
| (2) | Persons who are in positions determined by the Prime Minister among the following positions shall be public official members: <Amended by Presidential Decree No. 26478, Aug. 3, 2015> |
| 1. | A position falling under group A of class of duties under Article 8 (2) of the Regulations on Duty Analysis, among positions for the Senior Civil Service Corps; |
| 2. | A position for which a public official in special service equivalent to that falling under subparagraph 1 is eligible. |
| (3) | The Prime Minister shall commission civilian members from among following persons: <Amended by Presidential Decree No. 26478, Aug. 3, 2015> |
| 1. | Persons whose term of service as judge, prosecutor, or attorney-at-law is at least ten years; |
| 2. | Persons who hold a post as associate professor or higher in charge of teaching law or public administration at college or university; |
| 3. | Persons who retired after having held a position as a public official qualified to be appointed as a member of the Central Disciplinary Committee; |
| 4. | Persons who have experience of working as executives at the private sector taking the responsibility for the personnel or audit affairs or in positions corresponding thereto. |
| (4) | The Minister of Public Management shall be the chairperson of the Central Disciplinary Committee. <Amended by Presidential Decree No. 25751, Nov. 19, 2014> |
| (5) | Where the Central Disciplinary Committee’s meeting shall be formed with the chairperson, and eight members designated by the chairperson whenever a meeting is held. In such cases, at least five civilian members under paragraph (3) shall be included. <Amended by Presidential Decree No. 26478, Aug. 3, 2015> |
[This Article Wholly Amended by Presidential Decree No. 24556, May 31, 2013]
| Article 5 (Composition of General Disciplinary Committees) |
| (1) | A general disciplinary committee shall be comprised of one chairperson and at least nine but up to fifteen public officials and civilian members. In this regard, the number of civilian members shall be at least 1/2 of the number of the committee members, excluding one chairperson. |
| (2) | The chairperson of a general disciplinary committee shall be a person whose rank is immediately lower than the head of an agency under which that committee is established (the rank shall be decided on the basis of the class, but if at least two persons belong to the same class, the rank shall be decided on the basis of the order of the positions prescribed in any Act or subordinate legislation establishing those positions): Provided, That the chairperson of a general disciplinary committee established under a central administrative agency may be appointed by the head of the central administrative agency from among the persons who are in positions for the Senior Executive Service or equivalent positions for which public officials in special service are eligible. |
| (3) | Public official members of a general disciplinary committee shall be appointed by the head of the relevant agency from persons of higher ranks than the person subject to disciplinary action, etc. (including a member of the Senior Executive Service), and unless there exists any special cause not to do so, shall be appointed in descending rank order beginning from the highest-ranking person. |
| (4) | The head of an administrative agency under which a general disciplinary committee is established shall commission civilian members from the following persons taking their genders into consideration: <Amended by Presidential Decree No. 28890, May 15, 2018> |
| 1. | Persons whose term of service as judge, prosecutor, or attorney-at-law is at least five years; |
| 2. | Persons who hold a post as assistant professor or higher in charge of teaching law or public administration at college or university; |
| 3. | Persons who retired after having served as a public official for not less than 20 years [referring to a person whose retirement date has been three years where he or she had belonged to a central administrative agency (including an agency affiliated therewith) or an affiliated agency (including an affiliated central administrative agency or an affiliated agency affiliated with an affiliated central administrative agency) from five years before the retirement to the date of the retirement]; |
| 4. | Persons who have experience of working as executive officers at the private sector taking the responsibility for the personnel or audit affairs or in positions corresponding thereto. |
| (5) | Meetings of a general disciplinary committee shall be formed by the chairperson and six members designated by the chairperson for each meeting. In such cases, at least four civilian members referred to in subparagraph (4) shall be included therein. |
[This Article Wholly Amended by Presidential Decree No. 26656, Nov. 18, 2015]
| Article 5-2 (Term of Office of Members) |
The members commissioned pursuant to Articles 4 (3) and 5 (4) shall hold office for a term of three years and may be appointed for one further term only. <Amended by Presidential Decree No. 24556, May 31, 2013; Presidential Decree No. 26656, Nov. 18, 2015> [This Article Newly Inserted by Presidential Decree No. 22633, Jan. 24, 2011]
| Article 5-3 (Dismissal of Members) |
Where a member of a disciplinary committee falls under any of the following cases, the Prime Minister (limited to cases of members commissioned under Article 4 (3)) or the head of an administrative agency (limited to cases of members commissioned under Article 5 (4)) under whom a general disciplinary committee is established may dismiss such member from his/her office: Provided, That a member who falls under subparagraph 4 shall be dismissed:
| 1. | Where he/she becomes incapable of performing his/her duties due to mental disorder; |
| 2. | Where he/she commits any misdeed in connection with his/her duties; |
| 3. | Where he/she is deemed unsuitable for a member due to delinquency of duties, injury to dignity, or any other reason; |
| 4. | Where he/she fails to refrain himself/herself despite that he/she falls under a case set forth in Article 15 (1); |
| 5. | Where he/she voluntarily confesses that it is difficult for him/her to perform his/her duties. |
[This Article Newly Inserted by Presidential Decree No. 26656, Nov. 18, 2015]
| Article 6 (Staff Members of Disciplinary Committee at Each Level) |
| (1) | There shall be assigned several secretaries in the disciplinary committee at each level. |
| (2) | The secretaries of the Central Disciplinary Committee shall be appointed by the Minister of Public Management from among public officials, etc. of at least Grade V (including public officials belonging to the Senior Civil Service Corps). <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014> |
| (3) | The secretaries of a general disciplinary committee shall be appointed by the head of a relevant agency from among public officials in general service who belong to that agency (referring to foreign service officials in cases of the Ministry of Foreign Affairs and its affiliated agencies). <Amended by Presidential Decree No. 24425, Mar. 23, 2013> |
| (4) | Secretaries shall, upon the order of the chairperson, be engaged in affairs of keeping and preserving the records of disciplinary actions, etc. and other documents. <Amended by Presidential Decree No. 22199, Jun. 15, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21351, Mar. 18, 2009]
| Article 7 (Requests for Resolution on Disciplinary Action, etc.) |
| (1) | Pursuant to Articles 78 (1) and (4) and 78-2 (1) of the Act, in terms of a public official, etc. of at least Grade V (including public officials belonging to the Senior Civil Service Corps), the competent Minister shall request the relevant competent disciplinary committee to adopt a resolution on disciplinary action, etc., and with regard to a public official, etc. of not less than Grade VI, the head of the competent agency to which the relevant public official belongs or the head of the competent higher agency thereto shall do so: Provided, That with respect to a public official who takes plural offices, the head of the agency in which he/she conducts his/her main duties shall request the competent committee to adopt a resolution on disciplinary action, etc. <Amended by Presidential Decree No. 22199, Jun. 15, 2010; Presidential Decree No. 24925, Dec. 11, 2013> |
| (2) | Where the head of an administrative agency deems any cause for a disciplinary action, etc. exists against a public official against whom he/she has no authority to request a resolution on disciplinary action, etc. under paragraph (1), he/she shall provide notification of such fact to the head of an administrative agency having authority to request a resolution on disciplinary action, etc. against that public official, along with following materials evidencing the cause for the disciplinary action, etc.: <Amended by Presidential Decree No. 22199, Jun. 15, 2010> |
| 1. | For cases investigated by the Board of Audit and Inspection: investigation records, including a written request for disciplinary action against or imposition of a disciplinary surcharge on such public official, and written questions and answers, and written verification as to the person suspected of being subject to the disciplinary action, etc. and relevant persons; |
| 2. | For cases investigated by a criminal investigation agency: investigation records, including a written notification of disposition of a crime committed by such public official, a bill of indictment, and a protocol of examination, a written statement, etc. as to the person suspected of being subject to the disciplinary action, etc., relevant persons, and relevant witnesses; |
| 3. | For cases investigated by any other agency: a written notification of the facts of suspicion that would leading to disciplinary action, etc., and documents evidencing such facts of suspicion. |
| (3) | The head of the administrative agency which has been notified of the cause for disciplinary action, etc. pursuant to paragraph (2) shall, unless there is any reasonable ground not to do so, request the competent disciplinary committee to adopt a resolution on disciplinary action, etc., within one month. <Amended by Presidential Decree No. 22199, Jun. 15, 2010> |
| (4) | The head of the agency who has requested a resolution on disciplinary action, etc. pursuant to paragraph (3) shall provide notification of the results of handling the relevant case to the head of the agency who has notified the cause for disciplinary action, etc. pursuant to paragraph (2). <Amended by Presidential Decree No. 22199, Jun. 15, 2010> |
| (5) | Where the head of an administrative agency (excluding the head of a central administrative agency) under which a general disciplinary committee is established deems that the content of any cause for disciplinary action, etc. is severe, or that the disciplinary committee established under such agency would be likely to adopt a unfair resolution, he/she may request the general disciplinary committee established under the immediately higher administrative agency to adopt a resolution on disciplinary action, etc. <Amended by Presidential Decree No. 22199, Jun. 15, 2010> |
| (6) | Where requesting a resolution on disciplinary action, etc. pursuant to paragraphs (1), (3), and (5), the following relevant materials necessary for evidencing the cause for disciplinary action, etc. shall be submitted to the competent disciplinary committee after making sufficient investigations into such cause, and such request shall be made, specifying whether the requested disciplinary action is a severe disciplinary action or a moderate disciplinary action: Provided, That this shall not apply where the Chairman of the Board of Audit and Inspection requires a disciplinary action, specifying the type of disciplinary action prescribed in Article 79 of the State Public Officials Act, pursuant to Article 32 (1) and (10) of the Act on the Board of Audit and Inspection: <Amended by Presidential Decree No. 22199, Jun. 15, 2010; Presidential Decree No. 26656, Nov. 18, 2015; Presidential Decree No. 29697, Apr. 16, 2019> |
| 1. | A written request of a resolution on disciplinary action, etc. against a public official, which is shown in attached Form 1; |
| 2. | Work products of personnel and performance records of the relevant public official; |
| 3. | A written verification shown in attached Form 1-2; |
| 4. | Relevant evidential materials, such as official documents, which evidencing the facts of suspicion; |
| 5. | Records of examination or records of investigation regarding the facts of suspicion; |
| 6. | Measures taken against any relevant person and evidential materials therefor; |
| 7. | Abstracts of relevant laws and regulations, instruction documents, etc.; |
| 8. | Where the cause for disciplinary action, etc. falls under any of the following, an expert opinion in attached Form 1-3 prepared by a mental health doctor, psychologist, a social welfare scholar, or other relevant experts: |
| (7) | A person having the authority to request a resolution on disciplinary action, etc. shall, when requesting such resolution, serve a copy of ‘a written request for resolution on disciplinary action, etc. against a public official’ under paragraph (7), on a suspect subject to disciplinary action, etc.: Provided, That this shall not apply where such suspect refuses to receive service of the said copy. <Amended by Presidential Decree No. 22199, Jun. 15, 2010> |
| (8) | A person having the authority to request a resolution on disciplinary action, etc. shall, where a suspect subject to disciplinary action, etc. refuses to receive service of a copy of the written request of such resolution on disciplinary action, etc., notify the competent disciplinary committee of such fact in writing, along with the documents evidencing it. <Amended by Presidential Decree No. 22199, Jun. 15, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21351, Mar. 18, 2009]
| Article 8 (Request of the Prime Minister for Resolution on Disciplinary Action, etc.) |
| (1) | Notwithstanding the provisions of Article 7 (1) through (3), the Prime Minister may directly request the competent disciplinary committee to adopt a resolution on disciplinary action, etc. against a public official deemed to have a cause for a disciplinary action, etc., as a result of the inspection conducted pursuant to the order issued by the President or the Prime Minister. <Amended by Presidential Decree No. 22199, Jun. 15, 2010> |
| (2) | In cases of requesting a resolution on disciplinary action, etc. pursuant to paragraph (1), the Prime Minister shall notify the fact to the head of the central administrative agency to which the relevant public official is assigned. <Amended by Presidential Decree No. 22199, Jun. 15, 2010> |
| (3) | Where it is deemed inappropriate to directly request a resolution on disciplinary action, etc. pursuant to paragraph (1), the Prime Minister shall notify the cause for a disciplinary action, etc. to the head of the central administrative agency to which the relevant public official is assigned. <Amended by Presidential Decree No. 22199, Jun. 15, 2010> |
| (4) | The head of the administrative agency who has been notified of the cause for disciplinary action, etc. pursuant to paragraph (3) shall, without delay, request the competent disciplinary committee to adopt a resolution on disciplinary action, etc. and shall report the results of treating the relevant case to the Prime Minister. <Amended by Presidential Decree No. 22199, Jun. 15, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21351, Mar. 18, 2009]
| Article 8-2 (Decision on Whether to Proceed with Disciplinary Action, etc.) |
Upon receipt of the notification of the initiation of investigation pursuant to Article 83 (3) of the Act, the head of an administrative agency shall decide, without delay, on whether to request a resolution on disciplinary action, etc., or whether to commence with the procedures for disciplinary action, etc., and shall notify the fact to a suspect subject to disciplinary action, etc. <Amended by Presidential Decree No. 22199, Jun. 15, 2010; Presidential Decree No. 22633, Jan. 24, 2011> [This Article Wholly Amended by Presidential Decree No. 21351, Mar. 18, 2009]
| Article 9 (Deadline for Resolution on Disciplinary Action, etc.) |
| (1) | A disciplinary committee shall adopt a resolution on disciplinary action, etc. within thirty days (sixty days in case of the Central Disciplinary Committee) from the date of receipt of a written request for such resolution on disciplinary action, etc.; Provided, That in evitable circumstances, the period may be extended within the period not exceeding thirty days (sixty days in case of the Central Disciplinary Committee) by resolution of the relevant disciplinary committee. <Amended by Presidential Decree No. 22199, Jun. 15, 2010> |
| (2) | Where the progress of the proceedings for disciplinary action, etc. concerning any case where a resolution on disciplinary action, etc. was requested has been interrupted pursuant to Article 83 of the Act, the interrupted period shall not be included in calculating such periods referred to in paragraph (1). <Amended by Presidential Decree No. 22199, Jun. 15, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21351, Mar. 18, 2009]
| Article 10 (Attendance of Suspects Subject to Disciplinary Action, etc.) |
| (1) | When ordering the attendance of a suspect subject to disciplinary action, etc., a relevant disciplinary committee shall serve a written notification of attendance under attached Form 2 and shall have the suspect subject to the disciplinary action, etc., receive it three days prior to the date of the relevant meeting. In this case, a copy of a written notification of attendance shall be served on the head of the agency to which the suspect subject to the disciplinary action, etc., belongs and the said head shall require him/her to attend the disciplinary committee, except where the disciplinary committee serves the written notification of attendance on the head of the agency to which the suspect subject to the disciplinary action, etc. belongs so as to deliver it to him/her pursuant to paragraph (2), and the said head of the agency shall have the suspect subject to the disciplinary action, etc. to appear before the disciplinary committee. <Amended by Presidential Decree No. 22199, Jun. 15, 2010> |
| (2) | Where the disciplinary committee deems it is impractical to directly serve a written notification of attendance under paragraph (1) on the suspect subject to disciplinary action, etc. because his/her address is unknown or due to any other cause, it may serve such notification on the head of the agency to which he/she belongs so as to deliver such notification to him/her. In this case, the head of the agency, in receipt of such notification, shall serve such notification to the suspect subject to disciplinary action, etc. and inform the competent disciplinary committee of the delivery status without delay. <Amended by Presidential Decree No. 22199, Jun. 15, 2010> |
| (3) | Where the suspect subject to disciplinary action, etc. does not wish to appear before the disciplinary committee to make a statement, the disciplinary committee may require him/her to submit the document for relinquishing the right to make a statement, attach it to the relevant record, and adopt a resolution on the disciplinary action, etc. only based on documentary examination. <Amended by Presidential Decree No. 22199, Jun. 15, 2010> |
| (4) | Where the suspect subject to disciplinary action, etc. fails to submit a written explanation justifying his/her relevant act, the disciplinary committee may, after recording such fact, adopt a resolution on the disciplinary action, etc., on the basis of documentary examination, considering that he/she does not want to appear before the disciplinary committee. <Amended by Presidential Decree No. 22199, Jun. 15, 2010> |
| (5) | Where the suspect subject to disciplinary action, etc. is unable to appear before the disciplinary committee within 50 days from the date of receipt of a written request for a resolution on the disciplinary action, etc., due to sojourn abroad, detention after a criminal case, or other cause, the disciplinary committee may allow him/her to make a written statement and then adopt a resolution on the disciplinary action, etc. In this case, if he/she fails to make a written statement, the disciplinary committee may pass a resolution on the disciplinary action, etc. without his/her statement. <Amended by Presidential Decree No. 22199, Jun. 15, 2010> |
| (6) | Where the whereabouts of the suspect subject to the disciplinary action, etc. is unknown, a written notification of attendance shall be made through the Official Gazette. In such cases, the written notification of attendance shall be deemed served when ten days have elapsed since the date of its publication in the Official Gazette. <Amended by Presidential Decree No. 22199, Jun. 15, 2010> |
| (7) | Where the suspect subject to the disciplinary action, etc. refuses to receive service of a written notification of attendance, he/she shall be deemed to relinquish the right to make a statement before the disciplinary committee: Provided, That the suspect subject to the disciplinary action, etc. may appear before the relevant disciplinary committee to make a statement, even though he/she has refused to receive service of a written notification of attendance. <Amended by Presidential Decree No. 22199, Jun. 15, 2010> |
| (8) | Where the head of the agency to which the suspect subject to the disciplinary action, etc. belongs serves a written notification of attendance on the person pursuant to the former part of paragraph (2), if he/she refuses to receive service thereof, the said head shall attach the document proving the fact of refusing the receipt thereof when notifying the service status of a written notification of attendance pursuant to the latter part of paragraph (2). <Amended by Presidential Decree No. 22199, Jun. 15, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21351, Mar. 18, 2009]
| Article 11 (Interrogation and Right to Make Statements) |
| (1) | A disciplinary committee shall interrogate a suspect subject to disciplinary action, etc. who appears before the committee pursuant to Article 10 (1) with respect to the alleged facts of suspicion, and may then, if deemed necessary, demand relevant persons to attend the committee and interrogate them. <Amended by Presidential Decree No. 22199, Jun. 15, 2010> |
| (2) | A disciplinary committee shall grant a suspect subject to disciplinary action, etc. opportunities to make a full statement, and the suspect subject to the disciplinary action, etc. may make a statement, with written opinion of attached Form 2-2 or verbally, on the facts favorable to him/her and present any evidence favorable to him/her. <Amended by Presidential Decree No. 22199, Jun. 15, 2010; Presidential Decree No. 30017, Aug. 6, 2019> |
| (3) | A suspect subject to disciplinary action, etc. may request the examination of a witness. In this case, the disciplinary committee shall decide whether to call the witness. <Amended by Presidential Decree No. 22199, Jun. 15, 2010> |
| (4) | A person who requests a resolution on disciplinary action, etc. or files for an application therefor may appear before the disciplinary committee or present a written opinion to the committee if deemed necessary. <Amended by Presidential Decree No. 22199, Jun. 15, 2010> |
| (5) | A person who requests a resolution on disciplinary action, etc. shall notify the Board of Audit and Inspection of the date and venue of the disciplinary committee for a case for which he/she request removal, dismissal, demotion or suspension from office under Article 32 (1) and (10) of the Board of Audit and Inspection Act. <Newly Inserted by Presidential Decree No. 28890, May 15, 2018> |
| (6) | In receipt of the notification under paragraph (5), the Board of Audit and Inspection may request a public official of an affiliated agency to attend a relevant disciplinary committee from the competent disciplinary committee which shall decide to allow whether the public official attends. <Newly Inserted by Presidential Decree No. 28890, May 15, 2018> |
[This Article Wholly Amended by Presidential Decree No. 21351, Mar. 18, 2009]
| Article 11-2 (Victim’s Right to Make Statement) |
At the request of a victim of a case to request a severe disciplinary action etc., a disciplinary committee shall offer him/her an opportunity to attend the committee to make a statement on the relevant case: Provided, That the same shall not apply in the cases of the following;
| 1. | Where it is deemed that there is no need for making a statement again because a victim has made a full statement on the relevant case in the course of requesting a severe disciplinary action, etc.; |
| 2. | Where it is likely that the statement of a victim causes a process of a disciplinary committee considerably delayed. |
[This Article Newly Inserted by Presidential Decree No. 29697, Apr. 16, 2019]
| Article 11-3 (Preferential Examination) |
| (1) | A disciplinary committee may conduct an examination of any of the following cases concerning disciplinary action, etc. preferentially to other cases concerning disciplinary action, etc.: |
| 1. | Where a suspect subject to disciplinary action, etc. applies for a preferential examination after admitting the whole facts of suspicion; |
| 2. | Where a person having the authority to request a resolution on disciplinary action, etc. applies for a preferential examination, deeming that it is necessary to proceed with fast disciplinary procedures. |
| (2) | A person who intends to apply for a preferential examination shall file an application for preferential examination in a form prescribed by Ordinance of the Prime Minister with the competent disciplinary committee. |
| (3) | A disciplinary committee in receipt of an application for preferential examination under paragraph (2) shall examine the relevant case concerning disciplinary action, etc. preferentially to other cases concerning disciplinary action, etc. unless any special reason exists to the contrary. |
[This Article Newly Inserted by Presidential Decree No. 26478, Aug. 3, 2015]
| Article 12 (Resolutions of Disciplinary Committees) |
| (1) | A resolution of a disciplinary committee shall require the attendance of at least five members and the concurrent vote of a majority of the members present, and where opinions are divided, the opinion which falls under the number corresponding to the said majority by counting the number of opinions individually in order of least favorable to most unfavorable for a suspect subject to disciplinary action, etc. shall be considered to be the agreed opinion. <Amended by Presidential Decree No. 22199, Jun. 15, 2010> |
| (2) | The resolution under paragraph (1) shall be made in attached Form 3, ‘a written resolution on disciplinary action, etc.’; and the fact which constitutes the cause for disciplinary action, etc., judgement on the evidence, the relevant statutes and the grounds for exemption from disciplinary action, etc, shall be specifically clarified in the column of reason of the said Form. <Amended by Presidential Decree No. 22199, Jun. 15, 2010; Presidential Decree No. 30017, Aug. 6, 2019> |
| (3) | The disciplinary committee may require its staff member to investigate relevant facts or request a person with special knowledge and experience in conducting an inspection or appraisal if deemed necessary. |
| (4) | The disciplinary committee may, if deemed necessary for its staff member to investigate relevant facts pursuant to paragraph (3), order the suspect subject to disciplinary action, etc. to appear before it. <Amended by Presidential Decree No. 22199, Jun. 15, 2010> |
| (5) | Article 10 (1), (2) and (8) shall apply mutatis mutandis in cases of ordering the suspect subject to disciplinary action, etc. to appear before a disciplinary committee pursuant to paragraph (4). <Amended by Presidential Decree No. 22199, Jun. 15, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21351, Mar. 18, 2009]
| Article 13 (Duties of Chairperson) |
| (1) | The chairperson of a disciplinary committee shall represent the committee and administer its affairs. |
| (2) | The chairperson shall convene and preside over meetings of the disciplinary committee. |
| (3) | The chairperson has one vote. |
[This Article Wholly Amended by Presidential Decree No. 21351, Mar. 18, 2009]
| Article 14 (Acting for Chairperson) |
Where the chairperson is unable to perform his/her duties due to any unavoidable reason, the member designated in advance by the chairperson, and thereafter other members in the order of priority of appointment shall act for the chairperson. <Amended by Presidential Decree No. 25751, Nov. 19, 2014>
[This Article Wholly Amended by Presidential Decree No. 21351, Mar. 18, 2009]
| Article 15 (Exclusion and Challenge) |
| (1) | A member of a disciplinary committee who is a relative or immediately higher official (including a person who was an immediately higher official at the time a cause for disciplinary action occurs) of a suspect subject to disciplinary action, etc. or who has a relationship with the cause for disciplinary action shall not participate in deliberation and resolution on the said disciplinary action. <Amended by Presidential Decree No. 22199, Jun. 15, 2010; Presidential Decree No. 24556, May 31, 2013; Presidential Decree No. 24925, Dec. 11, 2013> |
| (2) | Where any reasonable ground exists to deem that the chairperson or a member would likely participate in passing an unfair resolution, the suspect subject to disciplinary action, etc. may clarify the fact, in writing, to make a request for challenge to him/her. <Amended by Presidential Decree No. 22199, Jun. 15, 2010> |
| (3) | The chairperson or a member of the disciplinary committee shall, where he/she falls under the cause under paragraph (1), voluntarily refrain from the deliberation and resolution on the relevant case of disciplinary action, etc., and may voluntarily refrain from them where he/she falls under paragraph (2). <Amended by Presidential Decree No. 26656, Nov. 18, 2015> |
| (4) | Where a request for challenge has been filed pursuant to paragraph (2), a resolution on the challenge shall require the attendance of at least five members and the concurrent vote of a majority of the members present. In this case, the person to whom a request for challenge has been filed shall not participate in that resolution. <Amended by Presidential Decree No. 22199, Jun. 15, 2010> |
| (5) | Where at least five members, including the chairperson, are unable to appear before a meeting in a general disciplinary committee due to any cause referred to in paragraphs (1) through (3), the said committee shall request the head of the agency under which it is established to appoint temporary members so the requisite quorum of at least five members may be formed the meeting. In this case, if it is impossible to appoint temporary members, the relevant request for a resolution on disciplinary action, etc. shall be deemed cancelled, and the said committee shall file an application for a resolution on disciplinary action, etc. to the head of a higher administrative organization. <Amended by Presidential Decree No. 22199, Jun. 15, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21351, Mar. 18, 2009]
| Article 16 (Notification to the Board of Audit and Inspection) |
Where the head of the agency under which a disciplinary committee is established deems, as a result of deliberation and resolution on any case of disciplinary action, etc. in the said disciplinary committee, that the relevant public official has lost or destroyed any money or valuables, or other articles under custody for public service, he/she shall notify the Board of Audit and Inspection of the fact via the competent Minister or the head of the supervisory agency. <Amended by Presidential Decree No. 22199, Jun. 15, 2010>
[This Article Wholly Amended by Presidential Decree No. 21351, Mar. 18, 2009]
| Article 17 (Decision on Levels of Disciplinary Action, etc.) |
When a disciplinary committee shall adopt a resolution on disciplinary action, etc., it shall take into account the usual behaviors, performance records, achievements, and repentance of the suspect subject to disciplinary action, etc. the content of the request for disciplinary action, etc. thereagainst, and other circumstances. <Amended by Presidential Decree No. 22199, Jun. 15, 2010>
[This Article Wholly Amended by Presidential Decree No. 21351, Mar. 18, 2009]
| Article 17-2 (Disciplinary Surcharges) |
| (1) | "Property profits prescribed by Presidential Decree" in Article 78-2 (1) 1 of the Act means any of the following profits: <Newly Inserted by Presidential Decree No. 26656, Nov. 18, 2015> |
| 1. | All property profits, such as securities, lodging ticket, membership, entry ticket, discount ticket, invitation ticket, admission ticket, and right of using a real estate, etc.; |
| 2. | Provision of golf entertainment, etc. or of convenience such as transport, lodging or other convenience; |
| 3. | Tangible or intangible economic profits, such as debt relief, provision of employment, and grant of rights and interests. |
| (2) | A disciplinary committee may, where it is requested to adopt a resolution to impose a disciplinary surcharge pursuant to Article 78-2 (1) of the Act, pass a resolution on the imposition of a disciplinary surcharge within five times the amount of money or property profits (for property profits other than money, referring to an amount of property profits converted into money; hereinafter referred to as "amount of monetary misdeed, etc.") received or given for committing an act falling under any subparagraph of Article 78-2 (1) of the Act. <Amended by Presidential Decree No. 26656, Nov. 18, 2015> |
| (3) | Where a disciplinary committee adopts a resolution on a disciplinary surcharge, adjusting it pursuant to Article 78-2 (2) of the Act because the relevant suspect subject to disciplinary action, etc. has been sentenced to criminal punishment or has fulfilled his/her liability for reimbursement or any other liability (including cases where the followings has been confiscated or additionally collected) under any other Act, or has paid an amount recoupable or additional amount required to be collected in accordance with the procedures for recoupment or collection of an additional amount followed under any other Act or subordinate legislation for committing an act falling under any subparagraph of Article 78-2 (1) of the Act before the disciplinary committee adopts a resolution on the disciplinary surcharge, the aggregate of both the amount fined, reimbursed, confiscated, recouped, or additionally charged and collected, and the amount of the disciplinary surcharge shall not exceed five times the amount of monetary misdeed, etc. <Amended by Presidential Decree No. 26656, Nov. 18, 2015> |
| (4) | A person having the authority to request a resolution on disciplinary action, etc. shall request the relevant disciplinary committee to pass a resolution on the reduction of or exemption from the surcharge within 30 days from the date any of the following causes occurs, and shall, at the same time, serve the relevant suspect subject to disciplinary action, etc. a copy of ‘a written request for reduction of or exemption from a disciplinary surcharge’ of attached Form No. 3-2.: Provided, That this shall not apply where the relevant suspect subject to disciplinary action, etc. refuses to receive it: <Amended by Presidential Decree No. 26656, Nov. 18, 2015> |
| 1. | A case where a person against whom a resolution on the imposition of a disciplinary surcharge has been passed files an application for decision on the reduction of or exemption from the disciplinary surcharge to the person having the authority to request a resolution on disciplinary action, etc. within sixty days from the date the judgement of a court (including a judgement on confiscation and/or additional collection) becomes final and decisive, or the date the liability, etc. for reimbursement is fulfilled, or the date an amount recoupable or additional amount required to be collected is paid; |
| 2. | A case where the person having the authority to request a resolution on disciplinary action, etc. comes to know that the judgement of a court (including a judgement on confiscation and/or additional collection) against a person against whom a decision of the imposition of a disciplinary surcharge has been passed has become final and decisive, or that the liability, etc. for reimbursement has been fulfilled, or that an amount recoupable or additional amount required to be collected is paid. |
| (5) | Where a resolution on the reduction of or exemption from a disciplinary surcharge is requested pursuant to paragraph (4), the disciplinary committee shall, pursuant to Article 78-2 (3) of the Act, adopt a resolution on the reduction of or exemption from the disciplinary surcharge on the condition that the aggregate of both the amount fined, reimbursed, confiscated, additionally collected, recouped, or additionally charged and collected and the amount of the disciplinary surcharge, does not exceed five times the amount of monetary misdeed, etc. In such cases, Article 9 (1) shall apply mutatis mutandis to the deadline for the decision on the reduction of or exemption from a disciplinary surcharge. |
| (6) | Where it is impractical to apply paragraph (3) or (5) to a suspect subject to disciplinary action, etc. or a person against whom a resolution on the imposition of a disciplinary surcharge has been passed because he/she has been sentenced to a penalty other than a fine (including where a fine is imposed concurrently), the disciplinary committee shall adopt a resolution, either adjusting the disciplinary surcharge or reducing or exempting the disciplinary surcharge, taking into comprehensive account the kinds of punishment, the sentence, and whether an actual penalty was declared, whether the suspension of execution or the suspension of sentence was declared, and so forth. |
[This Article Newly Inserted by Presidential Decree No. 22199, Jun. 15, 2010]
| Article 17-3 (Criteria for Disciplinary Action) |
| (1) | Criteria for disciplinary action, imposition of disciplinary surcharge, mitigation of disciplinary action, etc (hereinafter referred to as “criteria for disciplinary action, etc) shall be determined by Ordinance of the Prime Minister. |
| (2) | The head of a central administrative agency may determine matters concerning disciplinary decision within the scope of criteria for disciplinary action, etc under paragraph (1). In such cases, the head of a central administrative agency shall have consultation with the Minister of Personnel Management in advance. |
| Article 18 (Notification of Resolutions) |
A disciplinary committee shall, in cases of having passed a resolution on disciplinary action, etc. (including a resolution on the reduction of or exemption from a disciplinary surcharge; hereinafter the same shall apply), notify, without delay, the fact to the person who has requested the resolution on disciplinary action, etc., attaching the authentic copy of the written resolution on disciplinary action, etc. or the authentic copy of the written resolution on the reduction of or exemption from the disciplinary surcharge: Provided, That except where a resolution on the removal or dismissal of a public official, etc. of at least Grade Ⅴ (including a public official belonging to the Senior Civil Service Corps) is passed, the disciplinary committee shall also notify the person having authority to issue dispositions for imposition of disciplinary action, of the results of the resolution on the disciplinary action, etc., where the person having requested a resolution on disciplinary action, etc. and the person having the authority to issue dispositions for imposition of disciplinary action, dispositions for imposition of disciplinary surcharges, or dispositions for the reduction of or exemption from a disciplinary surcharge (hereinafter referred to as “dispositions for imposition of disciplinary action, etc.”) are mutually different. <Amended by Presidential Decree No. 22199, Jun. 15, 2010; Presidential Decree No. 24925, Dec. 11, 2013>
[This Article Wholly Amended by Presidential Decree No. 21351, Mar. 18, 2009]
| Article 18-2 (Rectification of Resolution on Disciplinary Action, etc.) |
When it is obvious that there is any miscalculation, entry error, or any other mistake similar thereto in the resolution on disciplinary action, etc., the chairperson may decide to rectify it either ex officio or upon request of a person having the authority to request a resolution on disciplinary action, etc. or the suspect subject to disciplinary action, etc.
[This Article Newly Inserted by Presidential Decree No. 26478, Aug. 3, 2015]
| Article 19 (Disposition for Imposition of Disciplinary Actions) |
| (1) | The person having the authority to issue dispositions for imposition of disciplinary action, etc. shall take disciplinary action, etc. within fifteen days from the date of receipt of a written resolution on disciplinary action, etc. or a written resolution on the reduction of or exemption from a disciplinary surcharge. <Amended by Presidential Decree No. 22199, Jun. 15, 2010; Presidential Decree No. 24080, Sep. 5, 2012> |
| (2) | The person having the authority to issue dispositions for imposition of disciplinary action, etc. shall, in case of taking a disciplinary action, etc. pursuant to paragraph (1), deliver a person subject to the disciplinary action, etc. a written explanation on the disciplinary action, etc. of attached Form No. 4, with a copy of the written resolution on disciplinary action, etc. or a copy of the written resolution on the reduction of or exemption from a disciplinary surcharge: Provided, That in cases of adopting a resolution on the removal or dismissal of a public official, etc. of at least Grade V (including a public official belonging to the Senior Civil Service Corps), the person having the authority of proposal for appointment of a person subject to disciplinary action, etc. shall deliver him/her a written explanation on the disciplinary action, etc. <Amended by Presidential Decree No. 22199, Jun. 15, 2010; Presidential Decree No. 24080, Sep. 5, 2012; Presidential Decree No. 24925, Dec. 11, 2013> |
| (4) | At the request of the victim under paragraph (3), where the person having authority to take dispositions notifies the victim of the result of disciplinary actions, he/she shall comply with attached Form 4-2. <Newly Inserted by Presidential Decree No. 29697, Apr. 16, 2019; Presidential Decree No. 30017, Aug. 6, 2019> |
| (5) | A victim notified of the result of disciplinary actions pursuant to paragraph (4) shall not make it public. <Newly Inserted by Presidential Decree No. 29697, Apr. 16, 2019; Presidential Decree No. 30017, Aug. 6, 2019> |
| (6) | Except as provided in paragraphs (3) through (5), matters concerning notification of the result of disciplinary actions shall be determined by the Minister of Personnel Management. <Newly Inserted by Presidential Decree No. 29697, Apr. 16, 2019> |
[This Article Wholly Amended by Presidential Decree No. 21351, Mar. 18, 2009]
| Article 19-2 (Deliver, etc. of Disciplinary Surcharges) |
| (1) | The person having the authority to issue dispositions for imposition of disciplinary action, etc., who has been notified of a resolution pursuant to Article 18 shall, in cases of delivering a written explanation on the disciplinary action, etc. to a person subject to disciplinary action, etc., under Article 19 (2), attach a notice of payment, clearly specifying the amount of the disciplinary surcharge or a notice of reduced or exempted payment, clearly specifying the amount of the reduced or exempted disciplinary surcharge. |
| (2) | Where a person subject to disciplinary action, etc. fails to pay a disciplinary surcharge or a reduced or exempted disciplinary surcharge within 60 days from the date of delivery of a notice of payment under paragraph (1), the person having the authority to issue dispositions for imposition of disciplinary action, etc. shall refer the collection thereof under Article 78-2 (4) of the Act to the head of the competent tax office. In such cases, the head of the competent tax office shall comply with the request unless there exists any special cause not to do so. <Amended by Presidential Decree No. 24556, May 31, 2013; Presidential Decree No. 28890, May 15, 2018> |
| (3) | Where a person subject to disciplinary action, etc. is served a notice of payment under paragraph (1) after having paid a disciplinary surcharge, the person having the authority to issue dispositions for imposition of disciplinary action, etc. shall reimburse the difference to him/her. |
| (4) | Where a person subject to disciplinary action, etc. is served a notice of reduced or exempted payment under paragraph (1) before paying a disciplinary surcharge, he/she shall pay the reduced or exempted disciplinary surcharge. |
[This Article Newly Inserted by Presidential Decree No. 22199, Jun. 15, 2010]
| Article 20 (Non-Closure of Meetings) |
The following matters shall not be disclosed in order to secure the fairness of deliberation and resolution by a disciplinary committee:
| 1. | Meetings of the disciplinary committee; |
| 2. | List of the names of members scheduled to attend or have attended meetings of the disciplinary committee; |
| 3. | Documents which contain the contents of statements made by members in meetings of the disciplinary committee (including documents recorded electronically); |
| 4. | Other matters deemed to likely to impair the fairness of deliberation and decision by the disciplinary committee if disclosed. |
| Article 21 (Prohibition from Disclosure of Secrets) |
No person who attends any meeting of a disciplinary committee shall disclosure any secrets which he/she becomes aware of in the course of conducting his/her duties.
[This Article Wholly Amended by Presidential Decree No. 21351, Mar. 18, 2009]
| Article 22 Deleted. <by Presidential Decree No. 24925, Dec. 11, 2013> |
| Article 23 (Consent to Ex Officio Dismissal from Office) |
| (1) | Subject to Article 70 (2) of the Act, the relevant person having the authority of appointment shall, in a form of ‘a written request for opinions on or consent to an ex officio dismissal’ of attached Form 4-3, request the competent disciplinary committee to give opinions on or consent to the ex officio dismissal, according to ‘the disciplinary jurisdiction over cases of requesting a moderate disciplinary action’ under this Decree where he/she is required to hear the opinions of the competent disciplinary committee on the ex officio dismissal, and according to ‘the disciplinary jurisdiction under this Decree over cases of requesting a severe disciplinary action’ in cases he/she is required to obtain the consent of the competent disciplinary committee to the ex officio dismissal, respectively. <Amended by Presidential Decree No. 24080, Sep. 5, 2012; Presidential Decree No. Apr. 16, 2019> |
| (2) | The disciplinary committee shall pass a resolution on its opinions to be presented on any ex officio dismissal or on whether to give consent thereto, in priority over other cases of disciplinary action, etc. (excluding where a resolution on disciplinary action, etc. is requested pursuant Article 78-3 (2) of the Act). <Newly Inserted Presidential Decree No. 24080, Sep. 5, 2012> |
| (3) | In cases of having passed a resolution on its opinions to be presented on any ex officio dismissal or on whether to give consent thereto, the competent disciplinary committee shall notify the relevant person having the authority of appointment of such fact, affixing ‘a written resolution on opinions on or consent to an ex officio dismissal’ of attached Form 4-4. <Newly Inserted Presidential Decree No. 24080, Sep. 5, 2012; Presidential Decree No. 29697, Apr. 16, 2019> |
| (4) | Articles 10, 11, 12 (4) and (5), and 15 shall apply mutatis mutandis to attendance of persons subject to ex officio dismissal, interrogation and the right to make a statement, investigations of facts, exclusion and challenge of the members and other similar matters, except for those matters provided in paragraphs (1) through (3). In such cases, “a suspect subject to disciplinary action, etc.”, “a resolution on disciplinary action, etc.”, “a written request for a resolution on disciplinary action, etc.”, “content of suspicion”, and “a case of a disciplinary action, etc.” shall be construed as “a person subject to an ex officio dismissal”, “a resolution on opinions on or consent to an ex officio dismissal”, “a written request for opinions on or consent to an ex officio dismissal”, “ex officio dismissal”, and “a case of ex officio dismissal”, respectively. <Newly Inserted Presidential Decree No. 24080, Sep. 5, 2012> |
[This Article Wholly Amended by Presidential Decree No. 21351, Mar. 18, 2009]
| Article 24 (Requests for Examination or Reexamination) |
The head of the agency which requests a resolution on disciplinary action, etc. shall, in cases of intending to request an examination or reexamination pursuant to Article 82 (2) of the Act, submit to the competent disciplinary committee ‘a written request for examination (reexamination) on the resolution on disciplinary action, etc.’ specifying the following matters within 15 days from the date of receipt of a resolution on disciplinary action, etc., along with records related to the relevant case: <Amended by Presidential Decree No. 22199, Jun. 15, 2010> | 1. | The purport of the request for examination or reexamination; |
| 2. | Grounds for the request for examination or reexamination, and methods for proving such grounds; |
| 3. | A copy of a written resolution on disciplinary action, etc. or a copy of a written resolution on the reduction of or exemption from a disciplinary surcharge; |
| 4. | Various circumstances under Article 17. |
[This Article Wholly Amended by Presidential Decree No. 21351, Mar. 18, 2009]
| Article 25 (Ledger of Records of Disciplinary Actions, etc.) |
| (1) | The disciplinary committee of various levels shall keep a ledger of disciplinary actions, etc. of attached Form No. 5 in order to manage the details of receipt and treatment of cases of disciplinary actions, etc. <Amended by Presidential Decree No. 22199, Jun. 15, 2010> |
| (2) | Notwithstanding paragraph (1), the disciplinary committee at each level may prepare, maintain, and keep a ledger of disciplinary actions, etc. by means of an electronic personnel management system established under Article 37-2 of the Regulations on the Personnel Records, Statistics, and Handling of Personnel Affairs of Public Officials. <Newly Inserted by Presidential Decree No. 26656, Nov. 18, 2015; Presidential Decree No. 27607, Nov. 22, 2016> |
[This Article Wholly Amended by Presidential Decree No. 21351, Mar. 18, 2009]
| Article 25-2 Deleted. <by Presidential Decree No. 24425, May 31, 2013> |
| Article 26 Deleted. <by Presidential Decree No. 21351, Mar. 18, 2009> |
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 5944, Dec. 31, 1971>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 6652, Apr. 27, 1973>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) The head of the administrative agency in receipt of service of a request for disciplinary action from the agency to which the relevant public official subject to disciplinary action belongs, as at the time this Decree enters into force, shall request, without delay, the competent disciplinary committee to adopt a resolution on disciplinary action pursuant to the previous provisions of this Decree. |
ADDENDA <Presidential Decree No. 8108, May 7, 1976>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) With respect to a disciplinary action case pending in a general disciplinary committee as at the time this Decree enters into force, the previous provisions of this Decree shall apply. |
ADDENDA <Presidential Decree No. 10101, Dec. 18, 1980>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) A case in which any Central Disciplinary Committee is requested to adopt a resolution on disciplinary action, etc. pursuant to the previous provisions of this Decree as at the time this Decree enters into force shall be under the jurisdiction of the relevant Central Disciplinary Committee under this Decree. |
ADDENDUM <Presidential Decree No. 10339, Jun. 9, 1981>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 11604, Dec. 31, 1984>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 11837, Dec. 31, 1985>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 12363, Dec. 31, 1987>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures Based on Change of Jurisdiction) Jurisdiction over cases where a general disciplinary committee was requested to adopt a resolution on disciplinary action, etc. shall be determined pursuant to the previous provisions of this Act. |
ADDENDA <Presidential Decree No. 13413, Jul. 1, 1991>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of the composition of the Seoul Special Metropolitan City Council.
Article 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 15609, Jan. 16, 1998>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Cases of Disciplinary Actions Requested) A case in which a disciplinary action was requested pursuant to the previous provisions of this Decree as at the time this Decree enters into force shall be governed by the previous provisions thereof. |
ADDENDA <Presidential Decree No. 16784, Apr. 18, 2000>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 17669, Jul. 13, 2002>
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. 19683, Sep. 22, 2006>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Cases of Requested Disciplinary Actions) A case where a disciplinary action was requested pursuant to the previous provisions of this Decree as at the time this Decree enters into force shall be deemed requested pursuant to this Decree. |
ADDENDA <Presidential Decree No. 19885, Feb. 12, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 20470, Dec. 28, 2007>
This Decree shall enter into force on the date of its promulgation.
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.)
Article 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 21087, Oct. 20, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That Article 10 shall enter into force on December 1, 2008, Articles 24 through 26 shall enter into force on January 1, 2010, Article 29 shall enter into force on July 1, 2009, and Article 48 shall enter into force on January 1, 2013. Article 2 (Transitional Measures following Amendment to the Decree on Disciplinary Actions against Public Officials)
| (1) | The First central disciplinary committee and the Second central disciplinary committee under the previous Decree on Disciplinary Actions against Public Officials before it was amended as at the time this Decree enters into force shall be deemed the Central Disciplinary Committee under this Decree. |
| (2) | Written requests for disciplinary action which were received by the First central disciplinary committee and the Second central disciplinary committee pursuant to the previous Decree on Disciplinary Actions against Public Officials before it was amended as at the time this Decree enters into force shall be deemed received by the Central Disciplinary Committee pursuant to this Decree. |
| (3) | Resolutions passed by the First central disciplinary committee and the Second central disciplinary committee pursuant to the previous Decree on Disciplinary Actions against Public Officials before it was amended as at the time this Decree enters into force shall be deemed those passed by the Central Disciplinary Committee under this Decree. |
| (4) | The Members of the Second Central Disciplinary Committee under the previous Decree on Disciplinary Actions against Public Officials before it was amended as at the time this Decree enters into force shall be deemed appointed or commissioned pursuant to this Decree. |
Article 3 (Transitional Measures following Amendment to Decree on Framework Act on Logistics Policies)
The affairs conducted by the Minister of Oceans and Fisheries on the basis of deliberations and resolutions thereon by the Committee of Examinations of Logistic Managers pursuant to the previous Decree on Framework Act on Logistics Policies before it is amended as at the time this Decree enters into force shall be deemed conducted by the Minister of Oceans and Fisheries pursuant to this Decree.
Article 4 Omitted.
ADDENDA <Presidential Decree No. 21351, Mar. 18, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 1, 2009.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22199, Jun. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Reduction of and Exemption from Disciplinary Surcharges)
The amended provisions of Articles 17-2, 18, 19, and 19-2 shall apply beginning with the case where a cause for disciplinary action has first occurred on and after the date (March 22, 2010) on which the State Public Officials (Act No. 10148) enters into force.
ADDENDA <Presidential Decree No. 22373, Sep. 10, 2010>
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. 22633, Jan. 24, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Notification of Fact of Decision on Whether to Proceed with Procedures for Disciplinary Actions, etc.)
The amended provisions of Article 8-2 shall apply beginning with the first public official notified of the initiation of investigation after this Decree enters into force. Article 3 (Transitional Measures concerning Term of Office of Previously Commissioned Members)
A member who was commissioned pursuant to the previous Articles 4 (3) and 5 (3) before this Decree enters into force shall be deemed commissioned on the date on which this Decree enters into force and his/her term of office shall be calculated pursuant to the amended provisions of Article 5-2.
ADDENDA <Presidential Decree No. 23807, May 23, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Amendments of Forms)
Those Forms under previous provisions as at the time this Decree enters into force may be used until August 31, 2012, together with corresponding Forms under this Decree.
ADDENDUM <Presidential Decree No. 24080, Sep. 5, 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 among Presidential Decrees amended pursuant to Article 6 of the Addenda, the amendments to those Presidential Decrees which were promulgated before this Decree enters into force, but the dates on which they are to enter into force have not arrived shall enter into force on the date on which the respective Presidential Decree enters into force.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 24556, May 31, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 4 and 5 (3) shall enter into force on January 1, 2014. Article 2 (Transitional Measures concerning Term of Office of Previously Commissioned Members)
The terms of office of a member who was commissioned pursuant to the previous Articles 4 (3) and 5 (3) before this Decree enters into force shall be the period under the amended provisions of Article 5-2, and the commencement date of the term shall be the day on which he/she is commissioned. Article 3 Omitted.
ADDENDA <Presidential Decree No. 24925, Dec. 11, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 12, 2013.
Article 2 (Transitional Measures concerning Jurisdiction, etc. over Cases of Disciplinary Actions)
Those cases of disciplinary actions, etc, in which a resolution on a disciplinary action is requested as at the time this Decree enters into force shall, notwithstanding the amended provisions of Articles 2, 7 (1), 18, 19 (2) and 22, be governed by the previous provisions thereof.
ADDENDA <Presidential Decree No. 25000, Dec. 16, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among Presidential Decrees amended pursuant to Article 5 of the Addenda, the amended provisions of those Presidential Decrees promulgated before this Decree enters into force, but the enforcement dates on which have not arrived shall enter into force on the date when the respective Presidential Decree enters into force.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26478, Aug. 3, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2016: Provided, That the amended provisions of Articles 4 (3), 5 (3), and 11-2 shall enter into force on the date of its promulgation. Article 2 (Applicability concerning Preferential Examination)
The amended provisions of Article 11-2 shall apply beginning with the first request for a resolution on a disciplinary action, etc. made under Article 8 after the enforcement date prescribed in the proviso to Article 1 of the Addenda. Article 3 (Transitional Measures concerning Jurisdiction and Establishment of Disciplinary Committee)
| (1) | A written request of a resolution, etc. on a disciplinary action received by a disciplinary committee under the former Article 2 (4) or 3 (2) as at the time this Decree enters into force shall be deemed received by a disciplinary committee under the amended provisions of Article 2 (4) or 3 (2). |
| (2) | A resolution adopted by a disciplinary committee under the previous Article 2 (4) or 3 (2) before this Decree enters into force shall be deemed adopted by a disciplinary committee under the amended provisions of Article 2 (4) or 3 (2). |
ADDENDA <Presidential Decree No. 26568, Sep. 25, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Amendment of Forms)
The forms existing under the former provisions as at the time this Decree enters into force may be used together with the forms prescribed by this Decree for three months after this Decree enters into force.
ADDENDA <Presidential Decree No. 26656, Nov. 18, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 19, 2015: Provided, That the amended provisions of Articles 5-2, 5-3, 25 of this Decree and Article 5 of the Decree on Disciplinary Actions of Public Officials (Presidential Decree No. 26568) shall enter into force on January 1, 2016. Article 2 (Applicability concerning Submission of Expert Opinion when Resolution on Disciplinary Action, etc. is Requested in Regard to Sexual Misdeed)
The amended provisions of Article 7 (6) 8 shall apply beginning with the first request for a resolution on disciplinary action, etc. made after this Decree enters into force.
ADDENDA <Presidential Decree No. 27607, Nov. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 4 Omitted.
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. 28890, May 15, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Commission of Civilian Members of General Disciplinary Committee)
The amended provisions of Article 5 (4) 3 shall apply beginning with a civilian member of general disciplinary committee commissioned after this Decree enters into force. Article 3 (Applicability to Notification of Date of Disciplinary Committee to Board of Audit and Inspection)
The amended provisions of Article 11 (5) and (6) shall apply beginning with a case for which the Board of Audit and Inspection requests disciplinary actions such as removal, dismissal, demotion or suspension from office after this Decree enters into force.
ADDENDA <Presidential Decree No. 29697, Apr. 16, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 17, 2019.
Article 2 (Applicability to Guarantee of Victim’s Right to Make Statement)
The amended provisions of Article 11-2 shall apply beginning with a case for which a resolution for disciplinary action is requested after this Decree enters into force. Article 3 (Applicability to Form)
The amended provisions of attached Form 4-2 shall apply beginning with disciplinary dispositions taken after this Decree enters into force.
ADDENDUM <Presidential Decree No. 30017, Aug. 6, 2019>
This Decree shall enter into force on the date of its promulgation.