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ACT ON THE ESTABLISHMENT AND OPERATION OF PUBLIC OFFICIALS' COUNCILS

Act No. 5516, Feb. 24, 1998

Amended by Act No. 6306, Dec. 29, 2000

Act No. 7690, Nov. 8, 2005

Act No. 10055, Mar. 12, 2010

Act No. 10699, May 23, 2011

Act No. 11530, Dec. 11, 2012

Act No. 16762, Dec. 10, 2019

 Article 1 (Purpose)
The purpose of this Act is to prescribe fundamental matters concerning the establishment and operation of public officials' councils for improvement of working conditions, improvement in the efficiency of work and the handling of grievances of public officials.
[This Article Wholly Amended on Mar. 12, 2010]
 Article 2 (Establishment)
(1) Public officials who take up service with a State agency, local government and its subordinate agency may establish a public officials' council (hereinafter referred to as "council").
(2) A council shall be established by unit of agency, and only one council may be established in one agency.
(3) Where a council is established, the representative of the council shall notify the head of an agency to which he/she belongs (hereinafter referred to as "head of an agency") of the fact of the establishment.
[This Article Wholly Amended on Mar. 12, 2010]
 Article 3 (Scope of Joining Councils)
(1) The scope of public officials who may join a council shall be specified as follows: <Amended on May 23, 2011; Dec. 10, 2019>
1. Public officials in general service in Class Ⅵ and under, and public officials in general service corresponding thereto;
2. Any of the following public officials in special service:
(a) Foreign service officers in the functional category of foreign affairs and consulate or foreign service information and technology who have served for less than 10 years;
(b) Senior Inspectors or lower-ranking police officials;
(c) Fire Captains or lower-ranking fire officers;
3. Deleted; <Dec. 11, 2012>
4. Deleted; <May 23, 2011>
5. Public officials in extraordinary civil service corresponding to public officials in general service under subparagraph 1.
(2) Notwithstanding paragraph (1), public officials falling under any of the following subparagraphs shall not join a council: <Amended on Dec. 10, 2019>
1. Public officials allowed to participate in a labor movement pursuant to the proviso to Article 66 (1) of the State Public Officials Act and the proviso to Article 58 (1) of the Local Public Officials Act;
2. Public officials in a position of directing and supervision;
3. Public officials engaged in personnel management, budgeting, accounting, material accounting, secretarial duties, secret information, security, guard, and other duties similar thereto.
(3) The head of an agency shall designate the positions or duties subject to the prohibition of joining a council under paragraph (2) 2 or 3, from among the positions or duties of the relevant agency, in consultation with the council, and publicly announce such designation. <Newly Inserted on Dec. 10, 2019>
[This Article Wholly Amended on Mar. 12, 2010]
 Article 4 (Freedom of Joining and Secession)
A public official may join or secede from a council without restraint.
[This Article Wholly Amended on Mar. 12, 2010]
 Article 5 (Functions of Councils)
(1) A council shall consult with the head of an agency on the following matters:
1. Matters concerning improvement of working conditions indigenous to the relevant agency;
2. Matters concerning improvement in the efficiency of work;
3. Matters concerning general difficulties related to official duties of public officials belonging to the relevant agency;
4. Other matters concerning the development of the relevant agency.
(2) Where a council holds consultation under paragraph (1), it shall elect consultative members who may objectively represent the intentions of its members in consideration of classes of its members, etc.
[This Article Wholly Amended on Mar. 12, 2010]
 Article 6 (Duty of Head of Agency)
(1) Where a council makes a request for consultation in writing, the head of an agency shall hold consultation with the council faithfully.
(2) The head of an agency shall apply its utmost endeavors to fulfill matters agreed on with the council in writing.
(3) The head of an agency shall not take measures unfavorable to public officials under his/her control in connection with the organization and operation of the council.
[This Article Wholly Amended on Mar. 12, 2010]
 Article 7 (Detailed Matters concerning Composition and Operation of Council)
A unit for the establishment of a council, the scope of joining a council, other matters concerning the composition of a council and the election of consultative members, formalities of, timing for and methods of consultation of a council, and other matters necessary for the operation of a council shall be prescribed by the Rules of the National Assembly, the Rules of the Supreme Court, the Rules of the Constitutional Court, the Rules of the National Election Commission, Presidential Decree or municipal ordinance.
[This Article Wholly Amended on Mar. 12, 2010]
ADDENDUM <Act No. 5516, Feb. 24, 1998>
This Act shall enter into force on January 1, 1999.
ADDENDA <Act No. 6306, Dec. 29, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2001.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 7690, Nov. 8, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2006.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 10055, Mar. 12, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10699, May 23, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11530, 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.
ADDENDUM <Act No. 16762, Dec. 10, 2019>
This Act shall enter into force six months after the date of its promulgation.