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FIREFIGHTING OFFICIALS ACT

Wholly Amended by Act No. 16768, Dec. 10, 2019

 Article 1 (Purpose)
The purpose of this Act is to prescribe a special case of the State Public Officials Act that applies to appointment, education and training, service, guarantee of the status, etc. of firefighting officials, in light of the importance of their responsibilities and duties and of the unique characteristics of their status and working conditions.
 Article 2 (Definitions)
The definitions of terms used in this Act are as follows:
1. The term "appointment" means new employment, promotion, transfer of position, dispatch, relegation, temporary retirement from office, cancellation of official position, suspension of official duties, demotion, reinstatement, dismissal, discharge, and removal;
2. The term "transfer of position" means appointment of a firefighting official to another office or department within the same rank and qualifications;
3. The term "relegation" means appointment to a lower official position within the same duties;
4. The term "reinstatement" means reinstatement of a firefighting official who is in the state of temporary retirement from office, cancellation of official position, or suspension of official duties (including suspension of official duties as a result of demotion).
 Article 3 (Ranks)
The ranks of firefighting officials shall be divided as follows:
A fire commissioner;
A deputy fire commissioner;
An assistant fire commissioner;
A chief superintendent;
A fire chief;
A deputy fire chief;
A fire captain;
A fire lieutenant;
A fire sergeant;
A senior firefighter;
A firefighter.
 Article 4 (Establishment of Personnel Committee for Firefighting Officials)
(1) A Personnel Committee for Firefighting Officials (hereinafter referred to as the "Personnel Committee") shall be established under the National Fire Agency to advise the Administrator of the National Fire Agency on important personnel administrative matters for firefighting officials: Provided, That where a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") has power of appointment under Article 6 (3) or (4), the Personnel Committee shall be established under the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do or Special Self-Governing Province (hereinafter referred to as "City/Do").
(2) Matters necessary for the organization and operation of the Personnel Committee shall be prescribed by Presidential Decree.
 Article 5 (Functions of Personnel Committee)
The Personnel Committee shall deliberate on the following matters:
1. Matters concerning the guidelines, criteria and master plans for the personnel administration of firefighting officials;
2. Matters concerning the enactment, amendment or repeal of statutes and regulations on the personnel administration of firefighting officials;
3. Other matters referred to the Personnel Committee by the Administrator of the National Fire Agency or a Mayor/Do Governor.
 Article 6 (Appointing Authorities)
(1) A firefighting official who is in the rank of deputy fire chief or a higher rank shall be appointed by the President through the Prime Minister upon the recommendation of the Administrator of the National Fire Agency: Provided, That a fire commander shall be appointed by the President, and the transfer of position, temporary retirement from office, cancellation of official position, demotion, suspension of official duties and reinstatement of a firefighting official who is in the rank of deputy fire chief to chief superintendent shall be made by the Administrator of the National Fire Agency.
(2) A firefighting official who is in the rank of fire captain or a lower rank shall be appointed by the Administrator of the National Fire Agency.
(3) The President may partially delegate the power of appointment under paragraph (1) to the Administrator of the National Fire Agency or a Mayor/Do Governor, as prescribed by Presidential Decree.
(4) The Administrator of the National Fire Agency may partially delegate the power of appointment under the latter part of the proviso of paragraph (1) or under paragraph (2) to a Mayor/Do Governor or the head of an agency affiliated with the National Fire Agency, as prescribed by Presidential Decree.
(5) A Mayor/Do Governor may partially re-delegate the power of appointment delegated under paragraph (3) or (4) to the head of an agency affiliated with the relevant City/Do, as prescribed by Presidential Decree.
(6) Appointing authorities (including a person holding the delegated power of appointment; hereinafter the same shall apply) shall prepare and keep the personnel record of the firefighting officials under their jurisdiction, as prescribed by Presidential Decree.
 Article 7 (New Employment)
(1) Firefighting officials shall be newly appointed through an employment test of open competition: Provided, That a fire captain shall be appointed from among those who have been selected through an employment test of open competition after meeting qualifications prescribed by Presidential Decree (hereinafter referred to as "candidates for fire executive positions") and who have completed the required education and training.
(2) In any of the following cases, firefighting officials may be newly appointed through an employment test of competition which many people on the same grounds can take, by determining the eligibility to take such test, including career (hereinafter referred to as "career competition employment test"): Provided, That firefighting officials may be newly appointed through a test which is not for participation of many people in cases prescribed by Presidential Decree as inappropriate to administer a test for many people:
1. Where a firefighting official who retired on grounds of abolishment of his or her position or the excess of the fixed number of personnel under Article 70 (1) 3 of the State Public Officials Act, or who retired on account of the expiration of the period for temporary retirement from office on grounds of long-term medical care due to any physical or mental disability under Article 71 (1) 1 of the same Act, is to be reappointed as a firefighting official of the same rank at the time of retirement or as a firefighting official of a rank corresponding to the one at the time of retirement, within three years from the date of retirement (five years for a firefighting official who temporarily retired from office on grounds of any injury or disease incurred in line of duty under the Public Officials' Accident Compensation Act);
2. Where appointment by an employment test of open competition is not appropriate and, at the same time, a person who holds a license related to the field for which such appointment is to be made, is to be appointed;
3. Where a person who has a record of service or research appropriate for the position to he or she will be appointed or who has undergone professional technical training on firefighting is to be appointed;
4. Where a person who has passed an employment test of open competition for public officials of Grade V under the State Public Officials Act or the Local Public Officials Act, a person who has passed the Korean bar examination under the Korean Bar Examination Act (referring to the Act before it is repealed by Act No. 9747), or a person who has passed the national bar examination under the National Bar Examination Act is to be appointed as a firefighting official who is not higher than a fire battalion chief in his or her rank;
5. Where a person who graduated after having received, during his or her school days, the scholarship as prescribed in Article 85 of the State Public Officials Act is to be appointed;
6. Where a person proficient in a foreign language is to be appointed;
7. Where a police official is to be appointed as a firefighting official of a rank corresponding to his or her current rank;
8. Where a volunteer firefighter who has experience in firefighting services is to be appointed as a firefighting official of the rank of a firefighter.
(3) Education and training of the candidates for fire executive positions referred to in the proviso of paragraph (1), the ranks of the firefighting officials who can be employed through an employment test in the main clause and the proviso, with the exception of the subparagraphs, of paragraph (2) (hereinafter referred to as "career competition employment test, etc."), classification of licenses related to the positions to be filled, the work performance and research performance, the regions in which volunteer firefighters may be appointed as firefighting officials and their promotion and transfer of the position, and other necessary matters shall be prescribed by Presidential Decree.
 Article 8 (Prohibition of Acts that Interfere with Examinations or Appointments)
No person shall attempt to obstruct on purpose or influence unreasonably the examinations or appointments of firefighting officials.
 Article 9 (Personnel Exchanges between Firefighting Officials)
(1) Where deemed necessary for personnel exchanges between the National Fire Agency and Cities/Dos or among Cities/Dos to improve firefighting officials’ capabilities and enhance coordination of firefighting affairs, the Administrator of the National Fire Agency may formulate and implement a personnel exchange plan.
(2) Firefighting officials to be exchanged pursuant to paragraph (1) and procedures for exchanges, and other matters necessary for personnel exchanges, shall be prescribed by Presidential Decree.
 Article 10 (Probationary Appointment)
(1) When a new firefighting official is employed, a firefighting official who is not higher than the fire sergeant shall be first appointed for the probationary period of six months, and a firefighting official who is not lower than the fire lieutenant, for the probationary period of one year; and such firefighting officials shall be appointed as regular firefighting officials at the expiration of their probationary periods: Provided, That the probationary appointment may be exempted or the probationary period may be shortened in cases prescribed by Presidential Decree.
(2) The period of temporary retirement from office, the period of cancellation of official position, and the period of suspension from official position or deduction of salary taken as a disciplinary action, shall not be included in probationary periods prescribed in paragraph (1).
(3) A period during which a person has undergone appointment-related education or training at an educational and training institution for firefighting officials before he or she is appointed as a firefighting official shall be included in the probationary period prescribed in paragraph (1).
(4) Where a firefighting official in his or her probationary period manifests a poor service record or a poor educational and training record, he or she may be dismissed from office or his or her dismissal from office may be recommended, notwithstanding the provisions of Article 68 or 70 of the State Public Officials Act.
 Article 11 (Testing Agencies)
The new employment tests and the promotion tests for firefighting officials and the tests for selecting candidates for fire executive positions shall be conducted by the Administrator of the National Fire Agency: Provided, That if deemed necessary, the Administrator of the National Fire Agency may partially delegate his or her authority concerning said tests to a Mayor/Do Governor or the head of an agency affiliated with the National Fire Agency, as prescribed by Presidential Decree.
 Article 12 (Eligibility for Taking Appointment Tests and Methods Thereof)
Eligibility for taking new employment tests or promotion tests for firefighting officials, tests for selecting candidates for fire executive positions, the methods of administering said tests, and other matters necessary for conducting such tests shall be prescribed by Presidential Decree.
 Article 13 (Lists of Candidates for Appointment)
(1) The head of a testing agency under Article 11 shall forward the list of those who have passed the relevant test to the relevant appointing authority.
(2) The appointing authority shall enter, in the order of the test scores, those who have passed a new employment test (including those who have passed a test for selecting candidates for fire executive positions and have finished the prescribed education and training courses) and those who have passed a promotion test, respectively on the list of candidates for new employment and on the list of candidates for promotion through tests, as prescribed by Presidential Decree.
(3) The term of validity of the lists referred to in paragraph (2) shall be prescribed by Presidential Decree by up to two years: Provided, That if necessary, the appointing authority may extend said term of validity up to one year.
(4) Matters necessary for preparing and managing the lists under paragraph (2) shall be prescribed by Presidential Decree.
 Article 14 (Promotion)
(1) Promotion of firefighting officials shall be made from among the immediately lower-rank firefighting officials through the evaluation of their service record and career, and verification of other capabilities.
(2) Promotion to a rank not higher than chief superintendent shall be made through promotion evaluation: Provided, That promotion to a rank not higher than deputy fire chief may be made through the promotion evaluation and the promotion test conducted concurrently at a rate prescribed by Presidential Decree.
(3) For firefighting officials not higher than fire chief, a list of candidates for promotion by rank shall be prepared, as prescribed by Presidential Decree.
(4) Promotion to a rank not higher than chief superintendent shall be made in the order on the list of the candidates for promotion through evaluation referred to in Article 16 (3): Provided, That promotion through a test to a rank not higher than deputy fire chief shall be made in the order on the list of candidates for promotion through a test referred to in Article 13 (2).
(5) The minimum year of service required for promotion of firefighting officials by rank, restrictions on promotion, and other matters necessary for promotion shall be prescribed by Presidential Decree.
 Article 15 (Promotion on Continuous Service Basis)
(1) Notwithstanding the provisions of Article 14 (2), an incumbent holding the relevant rank for a period of service specified in the following may be promoted on a continuous service basis to and appointed to the rank of senior fire fighter, fire sergeant, fire lieutenant, or fire captain:
1. Where a firefighter is to be promoted on a continuous service basis to and appointed to the rank of senior fire fighter: He or she must hold the relevant rank for at least four years of continuous service;
2. Where a senior fire fighter is to be promoted on a continuous service basis to and appointed to the rank of fire sergeant: He or she must hold the relevant rank for at least five years of continuous service;
3. Where a fire sergeant is to be promoted on a continuous service basis to and appointed to the rank of fire lieutenant: He or she must hold the relevant rank for at least six years and six months of continuous service;
4. Where a fire lieutenant is to be promoted on a continuous service basis to and appointed to the rank of fire captain: He or she must hold the relevant rank for at least 10 years of continuous service.
(2) During the period when firefighting officials promoted on a continuous service basis in accordance with paragraph (1) are serving in office, the capacity of those holding the relevant positions shall be deemed to exist separately, but the capacity of the former positions to be reduced.
(3) Matters necessary for the standards, procedures, etc. for promotion on a continuous service basis and appointment as prescribed in paragraph (1) shall be prescribed by Presidential Decree.
 Article 16 (Promotion Review Committee)
(1) To conduct promotion reviews under Article 14 (2), a Central Promotion Review Committee shall be established under the National Fire Agency, and general promotion review committees under the National Fire Agency and its affiliated agencies prescribed by Presidential Decree: Provided, That where a Mayor/Do Governor has the power of appointment under Article 6 (3) and (4), a general promotion review committee shall be established under the City/Do.
(2) A promotion review committee established under paragraph (1) (hereinafter referred to as “promotion review committee”) shall review and select candidates for promotion within the range of five times the number of the vacant positions to be filled by promoted persons, selected in the order named in the list of candidates for promotion prepared by the rank of firefighting officials in accordance with Article 14 (3).
(3) With respect to the candidates for promotion selected in accordance with paragraph (2), the head of an affiliated agency under which the promotion review committee is established shall prepare, by the rank of the firefighting officials involved, a list of the candidates for promotion through evaluation.
(4) Matters necessary for the organization, jurisdiction and operation of promotion review committees shall be prescribed by Presidential Decree.
 Article 17 (Special Promotion of Persons of Special Merits)
A firefighting official who dies on duty or who falls under any of Article 40-4 (1) 1 through 4 of the State Public Officials Act may be specially promoted by one rank, as prescribed by Presidential Decree, notwithstanding the provisions of Article 14: Provided, That a firefighting official not higher than the fire captain in his or her rank who dies on duty after rendering distinguished service, exemplary to all firefighting officials, may be specially promoted by two ranks.
 Article 18 (Rewards for Meritorious Service)
A firefighting official who dies (including one who dies of a disease related to the performance of duties), or retires from service due to a wound or injury (including a disease related to the performance of duties), while receiving education or training or in line of duty, and his or her family members, bereaved or not, shall be treated honorably or supported in accordance with the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State or the Act on Support for Persons Eligible for Veteran’s Compensation.
 Article 19 (Special Compensation)
(1) Where a firefighting official is under a medical treatment, etc. due to any disease or injury inflicted on official duty, he or she may be paid special compensation.
(2) The criteria, methods, etc. for the payment of special compensation under paragraph (1) shall be prescribed by Presidential Decree.
 Article 20 (Education and Training)
(1) The Administrator of the National Fire Agency shall comprehensively plan and coordinate educational and training programs of firefighting officials so that all firefighting officials may be given equal educational and training opportunities, and shall establish and operate a fire service academy for educating and training firefighting officials.
(2) A Mayor/Do Governor may establish and operate an educational and training institution for the education and training of firefighting officials under his or her jurisdiction.
(3) If necessary for education and training of firefighting officials, the Administrator of the National Fire Agency or a Mayor/Do Governor may entrust firefighting officials to a domestic or foreign educational institution, as prescribed by Presidential Decree, or have them receive education and training at an educational and training institution under Article 8 of the Education and Training of Local Public Officials Act.
(4) Matters necessary for planning and coordinating education and training for firefighting officials and the establishment and operation of educational and training institutions under paragraphs (1) and (2), and the service of firefighting officials who have received education and training under paragraph (3) shall be prescribed by Presidential Decree.
 Article 21 (Prohibition against False Reporting)
(1) No firefighting official shall make any false report or notification with respect to his or her duties.
(2) No firefighting official shall neglect or abandon any of his or her duties.
 Article 22 (Prohibition against Abuse of Commanding Power)
No one who commands and supervises firefighting officials at the time of firefighting service, rescuing or other emergency services shall refuse or abandon his or her commanding or supervising duty or allow firefighting officials to advance, retreat or break away from their designated place of duty, without good cause.
 Article 23 (Uniforms)
(1) Firefighting officials shall wear their uniforms.
(2) Matters concerning firefighting officials’ uniforms shall be determined by Ordinance of the Ministry of the Interior and Safety.
 Article 24 (Service Regulations)
Matters concerning public service of firefighting officials shall be prescribed by Presidential Decree, except as provided in this Act or the State Public Officials Act.
 Article 25 (Retirement Age)
(1) The retirement age of firefighting officials is as follows:
1. Retirement age on account of the age limit: 60 years old;
2. Number of years for retirement on account of the period limit of a rank:
An assistant fire commissioner: 4 years;
A superintendent: 6 years;
A fire chief: 11 years;
A deputy fire chief: 14 years.
(2) In calculating the number of years for retirement on account of the period limit of a rank under paragraph (1) 2, the number of the years of service in the position of the rank corresponding to the position of a firefighting official or a police official shall be included therein, regardless of continuous service.
(3) The retirement on account of the period limit of a rank for a firefighting official who is demoted due to a disciplinary action (including where a firefighting official is demoted to a fire captain) shall be governed by the following provisions, notwithstanding the provisions of paragraph (1) 2:
1. The number of years for retirement on account of the period limit of a demoted rank shall be the number of years for retirement on account of the period limit of the highest rank among the ranks before demotion;
2. In calculating the number of years for retirement on account of the period limit of a rank, the number of the years of service in the rank before demotion shall be added to the number of the years of service in the rank after demotion.
(4) Under the circumstances of a war, a disaster, or other emergency situations corresponding thereto, the Administrator of the National Fire Agency may extend, by up to two years, the number of years for retirement on account of the period limit of a rank prescribed in paragraph (1) 2. In such cases, with respect to a firefighting official who is not lower than the deputy fire chief in his or her rank, the extension of the number of years for retirement shall be approved by the President via the Prime Minister, upon recommendation of the Minister of the Interior and Safety.
(5) A firefighting official shall be ipso facto retired on June 30 if the date on which he or she reaches his or her retirement age falls somewhere between January and June, and on December 31 if the date on which he or she reaches his or her retirement age falls somewhere between July and December.
 Article 26 (Requests for Examinations)
A firefighting official who has received an explanatory note specifying the grounds for a disposition under Article 75 of the State Public Officials Act, if he or she is dissatisfied with the disposition, may file a request for examination thereof with the appeals review committee established under the same Act within 30 days after receipt of the explanatory note; and a firefighting official who has received a disadvantageous disposition, other than the dispositions prescribed in the said Article, which was taken against his or her will, may file a request for examination thereof with the appeals review committee within 30 days from the date he or she becomes aware that the disposition is imposed. In such cases, the relevant firefighting official may appoint a lawyer as his or her agent.
 Article 27 (Grievance Review Committees)
(1) To give counsel on the career management to firefighting officials and to deliberate upon grievances of firefighting officials, the firefighting officials’ grievance review committees shall be established under the National Fire Agency, Cities/Dos, and fire agencies prescribed by Presidential Decree.
(2) The firefighting officials’ requests for review of the matters deliberated upon by a firefighting officials’ grievance review committee, and career management counseling and grievances of the firefighting officials who are not lower than the deputy fire chief in their ranks shall be dealt with by the Central Grievance Review Committee established under the State Public Officials Act.
(3) Matters necessary for the organization, deliberation procedures and operation of firefighting officials’ grievance review committees shall be prescribed by Presidential Decree.
 Article 28 (Disciplinary Committees)
(1) A resolution on a disciplinary action against a firefighting official who is not lower than the fire sub-deputy chief in his or her rank shall be passed by the disciplinary committee established under the jurisdiction of the Prime Minister in accordance with the State Public Officials Act.
(2) Firefighting officials’ disciplinary committees shall be established under the National Fire Agency and the fire agencies prescribed by Presidential Decree to pass resolutions on disciplinary actions against firefighting officials not higher than the fire assistant chief in their ranks.
(3) Notwithstanding the provisions of paragraphs (1) and (2), disciplinary committees shall be established under the Cities/Dos and the fire agencies prescribed by Presidential Decree to pass resolutions on disciplinary actions against firefighting officials over which the Mayors/Do Governors have the power of appointment pursuant to Article 6 (3) and (4).
(4) Matters necessary for the organization, jurisdictional boundary and operation of firefighting officials’ disciplinary committees, procedures for requesting resolutions on disciplinary actions, the right of a person subject to a disciplinary action to state his or her opinion, and other necessary matters shall be prescribed by Presidential Decree.
 Article 29 (Procedures for Taking Disciplinary Actions)
(1) A disciplinary action against a firefighting official shall be taken by the head of an agency under which the relevant disciplinary committee is established, following a resolution by said committee; but a disciplinary action resolved by the disciplinary committee established under the jurisdiction of the Prime Minister in accordance with the State Public Officials Act shall be taken by the Administrator of the National Fire Agency: Provided, That the removal or discharge of a firefighting official from office shall be taken by the relevant appointing authority of the firefighting official (excluding a person to whom the power of appointment has been delegated) following a resolution by the competent disciplinary committee.
(2) Notwithstanding the provisions of paragraph (1), a disciplinary action against a firefighting official over which a Mayor/Do Governor has the appointing authority pursuant to Article 6 (3) and (4) shall be taken by the power of authority, following a resolution by the competent disciplinary committee: Provided, That a disciplinary action, such as suspension from official duties, deduction of salary or reprimand, the resolution on which has been passed by the firefighting officials’ disciplinary committee established in a fire agency under the jurisdiction of a City/Do, shall be taken by the head of an agency in which the disciplinary committee is established.
(3) Where the head of an agency who requested a resolution on a disciplinary action against a firefighting official deems that the disciplinary action resolved by the competent disciplinary committee is too light, he or she may request the disciplinary committee established under the immediately higher administrative agency than his or her agency (referring to the disciplinary committee classified as follows, in cases of resolutions passed by any of the following disciplinary committees) to conduct an examination or re-examination before taking such disciplinary action. In such cases, he or she may designate his or her subordinate public official as his or her agent:
1. Resolutions passed by the disciplinary committee established under the jurisdiction of the Prime Minister under the State Public Officials Act: The disciplinary committee established under the jurisdiction of the Prime Minister;
2. Resolutions passed by the firefighting officials’ disciplinary committee established in the National Fire Agency or its affiliated agency: The firefighting officials’ disciplinary committee established in the National Fire Agency;
3. Resolutions passed by the firefighting officials’ disciplinary committee established in a City/Do: The firefighting officials’ disciplinary committee established in the National Fire Agency;
4. Resolutions passed by the firefighting officials’ disciplinary committee established in a fire agency affiliated with a City/Do: The firefighting officials’ disciplinary committee established in the City/Do.
 Article 30 (Defendants in Administrative Litigation)
In filing an administrative litigation against a disciplinary action, disposition of temporary retirement or dismissal from office or any other disadvantageous disposition taken against one’s will, the defendant shall be the Administrator of the National Fire Agency: Provided, That where a Mayor/Do Governor has the power of appointment pursuant to Article 6 (3) and (4), the defendant shall be the competent Mayor/Do Governor.
 Article 31 (Remunerations for Candidates for Fire Executive Positions)
Remunerations and other actual expenses shall be paid to candidates for fire executive positions under education and training, as prescribed by Presidential Decree.
 Article 32 (Command and Supervision by Administrator of National Fire Agency)
The Administrator of the National Fire Agency shall command and supervise firefighting officials so that the personnel administration of firefighting officials may be managed in accordance with this Act and the State Public Officials Act.
 Article 33 (Relationship to the State Public Officials Act)
(1) The application of the State Public Officials Act to firefighting officials shall be subject to the following:
1. "Head of any State agency" in Article 32-4 (1) of the State Public Officials Act shall be deemed "appointment authority or appointment-recommendation authority";
2. "Class" in Articles 32-5 (1) and 43 of the State Public Officials Act shall be deemed "rank";
3. "This Act" in Articles 68, 78 (1) 1 and (2), and 80 (7) and (8) of the State Public Officials Act shall be deemed "this Act and the State Public Officials Act";
4. "Head of the central personnel management agency" in Article 71 (2) 3 of the State Public Officials Act shall be deemed "Administrator of the National Fire Agency";
5. "Articles 40, 40-2 and 41" and "class" in Article 73-4 (2) of the State Public Officials Act shall be deemed "Articles 14 and 16 of this Act" and "rank", respectively.
(2) Notwithstanding the provisions of paragraph (1) 3, the main clause of Article 68 of the State Public Officials Act shall not apply to a fire commander and a fire chief among firefighting officials.
 Article 34 (Penalty Provisions)
A person who falls under any of the following subparagraphs shall be punished by imprisonment with or without labor for up to five years:
1. A firefighting official mobilized to extinguish a fire if he or she makes any false report or notification in violation of Article 21 (1) or neglects or abandons any of his or her duties in violation of paragraph (2) of the same Article;
2. A firefighting official mobilized to extinguish a fire if he or she disobeys any order of his or her superior officer with respect to his or her duties in violation of Article 57 of the State Public Officials Act or deserts his or her office in violation of Article 58 (1) of the same Act;
3. A person who commands and supervises firefighting officials at the time of firefighting service, rescuing or other emergency services if he or she refuses or abandons his or her commanding or supervising duty or allows a firefighting official to advance, retreat or break away from the designated place of duty, without good cause, in violation of Article 22.
ADDENDA <Act No. 16768, Dec. 10, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on April 1, 2020.
Article 2 (Transitional Measures concerning Local Firefighting Officials)
(1) A person who is serving as a local firefighting official as at the time this Act enters into force shall be deemed to have been appointed as a firefighting official pursuant to this Act. In such cases, a “local deputy fire commissioner” shall be deemed to have been appointed as a “deputy fire commissioner”; a “local assistant fire commissioner” as a “assistant fire commissioner”; a “local chief superintendent” as a “chief superintendent”; a “local fire chief” as a “fire chief”; a “local deputy fire chief” as a “deputy fire chief”; a “local fire captain” as a “fire captain”; a “local fire lieutenant” as a “fire lieutenant”; a “local fire sergeant” as a “fire sergeant”; a “local ” as a “senior firesenior fire fighter fighter”; and a “local firefighter” as a “firefighter”, respectively.
(2) The career of a person who is serving as a local firefighting official as at the time this Act enters into force shall be deemed to be the career of a firefighting official pursuant to this Act.
Article 3 (Transitional Measures concerning Tests for New Employment and Selection of Local Firefighting Officials)
(1) As at the time this Act enters into force, an announcement of a new employment or selection test for local firefighting officials shall be deemed an announcement of a new employment or selection test for firefighting officials published pursuant to this Act; test procedures and methods entered in an announcement of the new employment or selection test shall be deemed procedures and methods for the new employment or selection test for firefighting officials conducted pursuant to this Act; and a person who has received applications for the new employment or selection test for local firefighting officials shall be deemed to have received applications for the new employment or selection test for firefighting officials pursuant to this Act. In such cases, the head of the agency conducting the new employment or selection test for local firefighting officials shall hand over all documents related to the new employment or selection test to the head of the agency conducting the new employment or selection test for firefighting officials pursuant to this Act within 30 days after this Act enters into force.
(2) As at the time this Act enters into force, those who have passed a new employment or selection test for local firefighting officials shall be deemed to have passed a new employment or selection test for firefighting officials; and a list of candidates for appointment of local firefighting officials shall be deemed a list of candidates for appointment of firefighting officials pursuant to this Act. In such cases, the person who has the authority to appoint local firefighting officials shall hand over all documents related to appointment, such as a list of candidates for appointment, to the person who has the authority to appoint firefighting officials pursuant to this Act within 30 days after this Act enters into force.
(3) As at the time this Act enters into force, a firefighting official who retired on grounds of abolishment of his or her position or the excess of the prescribed number of personnel in active service under Article 62 (1) 1 of the Local Public Officials Act or who retired on account of the expiration of the period for temporary retirement from office on grounds of long-term medical care due to any physical or mental disability under Article 63 (1) 1 of the Local Public Officials Act shall be deemed a firefighting official who retired pursuant to Article 70 (1) 3 of the State Public Officials Act or Article 71 (1) 1 of the State Public Officials Act, respectively.
Article 4 (Transitional Measures concerning Lists of Candidates for Promotion of Local Firefighting Officials)
As at the time this Act enters into force, a list of the candidates for promotion of local firefighting officials shall be deemed a list of the candidates for promotion of firefighting officials pursuant to this Act. In such cases, an of local firefighting officials shall hand over all documents related to promotion, such as a list of the candidates for promotion, to an appointing authority of firefighting officials pursuant to this Act within 30 days after this Act enters into force.
Article 5 (Transitional Measures concerning Education and Training of Local Firefighting Officials)
Those who are receiving education and training for local firefighting officials as at the time this Act enters into force shall be deemed receiving education and training for firefighting officials pursuant to this Act. In such cases, the head of the educational and training institution shall hand over the records of education and training to an appointing authority of firefighting officials pursuant to this Act within 30 days after the education and training is finished.
Article 6 (Transitional Measures concerning Appeals Review)
(1) Where a firefighting official who has received an explanatory note stating the grounds for action under Article 67 (1) of the Local Public Officials Act, or against whom an unfavorable action contrary to his or her intention, other than the action described in the same paragraph, has been rendered, as at the time this Act enters into force, requests an examination of objection to the action within the period specified in the amended provisions of Article 26, he or she shall be deemed to have received an explanatory note specifying the grounds for a disposition under Article 75 of the State Public Officials Act or to have received a disadvantageous disposition, other than the dispositions prescribed in the same Article, which was taken against his or her will, and accordingly he or she shall request an examination of objection pursuant to this Act.
(2) A case pending in an appeals commission for local public officials as at the time this Act enters into force shall be deemed pending in an appeals review committee under the State Public Officials Act. In such cases, the appeals commission for local public officials shall hand over documents related to the appeal case to the appeals review committee under the State Public Officials Act within 30 days after this Act enters into force.
Article 7 (Transitional Measures concerning Cases Pending in Local Firefighting Officials’ Grievance Review Committees)
A case pending in a City/Do Personnel Committee as at the time this Act enters into force shall be deemed pending in the Central Grievance Review Committee under the State Public Officials Act. In such cases, the City/Do Personnel Committee shall hand over documents related to the case to the Central Grievance Review Committee under the State Public Officials Act within 30 days after this Act enters into force.
Article 8 (Transitional Measures concerning Cases Pending in Disciplinary Committees)
A case pending in a local firefighting officials’ disciplinary committee as at the time this Act enters into force shall be deemed one pending in a firefighting officials’ disciplinary committee under this Act. In such cases, the local firefighting officials’ disciplinary committee shall hand over documents related to the case to the firefighting officials’ disciplinary committee under this Act within 30 days after this Act enters into force.
Article 9 (Transitional Measures concerning Disciplinary Actions)
A disciplinary action on which a disciplinary committee’s resolution is passed against a local firefighting official, but which has yet to be taken, as at the time this Act enters into force, shall be taken by a person determined pursuant to the previous provisions, notwithstanding the provisions of this Act.
Article 10 (Transitional Measures concerning Defendants in Administrative Litigation)
(1) With respect to an administrative litigation case filed by a local firefighting official against a disciplinary action, disposition of temporary retirement or dismissal from office or any other disadvantageous disposition taken against his or her will, which is pending as at the time this Act enters into force, a defendant shall be one determined pursuant to the previous provisions, notwithstanding the provisions of this Act.
(2) Where the competent court renders a decision of cancellation, etc. on a disposition under paragraph (1), the action to implement the decision shall be performed by the action-taking authority under this Act.
Article 11 (Transitional Measures concerning Local Firefighting Officials who are in State of Dispatch, Temporary Retirement from Office, Cancellation of Official Position, or Suspension of Official Duties)
A local firefighting official who is in the state of dispatch, temporary retirement from office, cancellation of official position, or suspension of official duties as at the time this Act enters into force shall be deemed to be placed in such state by the action-taking authority under this Act, with his or her status as firefighting official.
Article 12 Omitted.