Law Viewer

Back Home

ENFORCEMENT DECREE OF THE KOREA NATIONAL DIPLOMATIC ACADEMY ACT

Presidential Decree No. 23629, Feb. 28, 2012

Amended by Presidential Decree No. 24424, Mar. 23, 2013

Presidential Decree No. 25751, Nov. 19, 2014

Presidential Decree No. 30252, Dec. 24, 2019

Presidential Decree No. 30884, Jul. 30, 2020

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Korea National Diplomatic Academy Act and other matters necessary for the enforcement thereof.
 Article 2 (Qualifications of Faculty Members)
(1) The Minister of Foreign Affairs shall appoint full-time faculty members to be assigned to the Korea National Diplomatic Academy pursuant to Article 5 (1) of the Korea National Diplomatic Academy Act (hereinafter referred to as the "Act") (excluding career professors appointed pursuant to Article 5 (2) of the Act; hereinafter referred to as "full-time faculty members") upon the recommendation of the Chancellor of the Korea National Diplomatic Academy from among persons who meet the qualifications classified as follows. In such cases, the Regulations on Qualifications, etc. of University Faculty Members shall apply to the calculation of education or research experience: <Amended on Mar. 23, 2013; Jul. 30, 2020>
1. A professor: A person who has at least 14 years of education or research experience related to the field to which he or she will be assigned;
2. An associate professor: A person who has at least nine years of education or research experience related to the field to which he or she will be assigned;
3. An assistant professor: A person who has at least five years of education or research experience related to the field to which he or she will be assigned.
(2) The Chancellor of the Korea National Diplomatic Academy (hereinafter referred to as the "Chancellor") shall appoint or commission faculty members, other than full-time faculty members, (hereinafter referred to as "part-time faculty members" in this Article) to be assigned to the Korea National Diplomatic Academy pursuant to Article 5 (1) of the Act from among: <Amended on Jul. 30, 2020>
1. A person with at least three years’ work, research, or teaching experience in the field to which he or she will be assigned;
2. A person who holds a certificate of qualification in the field to which he or she will be assigned;
3. A person who has at least a master's degree in the field to which he or she will be assigned;
4. A person who has completed an educational or training course of at least six months in the field to which he or she will be assigned;
5. A person qualified as a professor, an associate professor, or an assistant professor pursuant to Article 16 of the Higher Education Act or Article 2 of the Regulations on Qualifications, etc. of University Faculty Members;
6. Other persons deemed to have a qualification or ability equivalent to those provided for in subparagraphs 1 through 5.
(3) Specific details about kinds and duties of part-time faculty members shall be prescribed by the Chancellor.
 Article 3 (Deliberation Committee for Appointment of Professors)
(1) A deliberation committee for appointment of professors (hereinafter referred to as "deliberation committee for appointment of professors") shall be established in the Korea National Diplomatic Academy to deliberate on the adequacy of new employment of full-time faculty members, extension of the term of appointment, etc.
(2) The deliberation committee for appointment of professors shall be comprised of not more than 11 members, including one chairperson.
(3) The chairperson of the deliberation committee for appointment of professors shall be the President of the Institute of Foreign Affairs and National Security (IFANS) of the Korea National Diplomatic Academy (hereinafter referred to as the "President of IFANS").
(4) The members of the deliberation committee for appointment of professors shall be appointed or commissioned by the Minister of Foreign Affairs from among public officials of the Ministry of Foreign Affairs or persons with much experience and knowledge in the field to be appointed or examinations for appointment, interviews, etc. In such cases, members who are not the public officials of the Ministry of Foreign Affairs shall be at least 1/3 of the committee members.
(5) Except as provided in paragraphs (2) through (4), matters necessary for the composition and operation of the deliberation committee for appointment of professors shall be determined by the Minister of Foreign Affairs.
[This Article Newly Inserted on Jul. 30, 2020]
[Previous Article 3 moved to Article 9 <Jul. 30, 2020>]
 Article 4 (New Employment of Full-Time Faculty Members)
(1) Full-time faculty members shall be appointed through examinations for employment by means of competition among many persons who meet the requirements under the subparagraphs of Article 2 (1): Provided, That where an associate professor whose period of service has expired is employed as a professor, he or she may be appointed through examinations which are not aimed at many persons.
(2) Examinations under paragraph (1) shall be conducted by the Chancellor.
(3) The Chancellor shall publicly announce matters necessary for conducting examinations under the main clause of paragraph (1), such as a position to be employed, the requirements for application, and the expected number of persons to be selected, through daily newspapers, broadcasting, the website, or other effective methods no later than 20 days before the date of examination: Provided, That in cases of modifying the details of public announcement due to any unavoidable cause, the Chancellor shall publicly announce such modifications no later than seven days before the date of examination.
(4) Except as provided in paragraphs (1) through (3), detailed matters necessary for new employment of full-time faculty members shall be prescribed by the Minister of Foreign Affairs.
[This Article Newly Inserted on Jul. 30, 2020]
[Previous Article 4 moved to Article 10 <Jul. 30, 2020>]
 Article 5 (Deferment of Appointment)
(1) Where a person who passes an examination under Article 4 (1) falls under any of the following cases, the Minister of Foreign Affairs may defer his or her appointment within six months:
1. Where the person becomes pregnant or gives birth;
2. Where the person has a disease which requires long-term care for at least three months;
3. Other cases in which the deferment of appointment is deemed necessary.
(2) A person who wants the deferment of appointment under paragraph (1) shall file an application for the deferment of appointment, along with materials evidencing the relevant reasons, as determined by the Minister of Foreign Affairs.
[This Article Newly Inserted on Jul. 30, 2020]
[Previous Article 5 moved to Article 11 <Jul. 30, 2020>]
 Article 6 (Service Period of Full-Time Faculty Members)
(1) The service period of full-time faculty members employed pursuant to Article 4 (1) shall be as follows:
1. Professors: The period until the retirement age;
2. Associate professors: Five years;
3. Assistant professors: Four years.
(2) Notwithstanding paragraph (1), where an associate or assistant professor has excellent work performance or there are reasons for him or her to continue to work, the Chancellor may recommend the extension of the service period (in cases of assistant professors, including appointment as an associate professor) to the Minister of Foreign Affairs after deliberation by the deliberation committee for appointment of professors.
(3) Where the service period of an associate or assistant professor is extended without any change of the position, such period shall be one year, respectively, for up to two years.
(4) Where the service period of a person who serves as an assistant professor is extended after his or her position is changed to an associate professor, he or she shall be in service for the period referred to in paragraph (1) 2, and where such period is extended afterwards, paragraph (3) shall apply.
(5) Except as provided in paragraph (2) through (4), the procedures and methods for and details of the extension of the service period of associate professors and assistant professors shall be determined by the Minister of Foreign Affairs.
[This Article Newly Inserted on Jul. 30, 2020]
[Previous Article 6 moved to Article 12 <Jul. 30, 2020>]
 Article 7 (Performance Evaluation)
The Minister of Foreign Affairs may evaluate lecture and research outcomes, and service records of full-time faculty members for their use in personnel management, etc., as prescribed in the Regulations on the Performance Evaluation of Public Officials.
[This Article Newly Inserted on Jul. 30, 2020]
[Previous Article 7 moved to Article 13 <Jul. 30, 2020>]
 Article 8 (Disciplinary Actions against Full-Time Faculty Members)
(1) A disciplinary committee for professors (hereinafter referred to as "disciplinary committee for professors") shall be established in the Korea National Diplomatic Academy to deliberate and decide on cases of imposing disciplinary actions or disciplinary additional charges against full-time faculty members, to which the Educational Officials Act applies mutatis mutandis pursuant to Article 5 (7) of the Act.
(2) The disciplinary committee for professors shall be comprised of seven members, including one chairperson.
(3) The chairperson of the disciplinary committee for professors shall be the President of IFANS.
(4) The members of the disciplinary committee for professors shall be commissioned by the Minister of Foreign Affairs from among the following persons:
1. A person who retired at the deputy ministerial level or higher after having served as a foreign service official for at least 20 years;
2. A person who has a career as a judge, prosecutor, or attorney-at-law for at least five years;
3. A person who holds the position of associate professor or higher in the major of law, administrative science, or political science in a college or university;
4. Other persons who have much experience and knowledge in education or educational administration.
(5) If a decision of the disciplinary committee for professors is deemed light, the Chancellor may request a re-examination to the disciplinary committee before making any disposition.
[This Article Newly Inserted on Jul. 30, 2020]
 Article 9 (Education and Training of Faculty Members)
The Chancellor may require persons appointed as full-time faculty members to undergo education and training necessary to acquire knowledge, skills, and attributes related to lecturing and the administration of education.
[Moved from Article 3 <Jul. 30, 2020>]
 Article 10 (Admission to Regular Course)
(1) A person selected through an open competitive examination under the proviso to Article 10 (1) of the Foreign Service Officials Act, who does not fall under any subparagraph of Article 9 (2) of the Foreign Service Officials Act, shall be admitted to the Korea National Diplomatic Academy as a trainee to take the regular course (hereinafter referred to as "regular course trainee") under Article 6 (1) of the Act, as prescribed by the Regulations of the Korea National Diplomatic Academy (hereinafter referred to as "Academy Regulations"): Provided, That his/her admission may be postponed by up to three years in any of the following circumstances: <Amended on Dec. 24, 2019>
1. Where the person joins the armed forces for military service under the Military Service Act;
2. Where the person continues to study;
3. Where the person has a disease which requires long-term care for at least six months;
4. Where the person becomes pregnant or gives birth;
5. Other cases where the Chancellor deems it inevitable to postpone his or her admission.
(2) The duration of the regular course referred to in Article 6 (4) of the Act shall be up to one year.
(3) The Chancellor may order the postponement of the completion of regular courses within the scope of three years, in any of the following cases: <Newly Inserted on Dec. 24, 2019>
1. Where the person joins the armed forces for military service under the Military Service Act;
2. Where the person has a disease which requires long-term care for at least six months;
3. Where the person becomes pregnant or gives birth;
4. Other cases where the Chancellor especially deems it inevitable to postpone the completion of regular courses.
[Moved from Article 4 <Jul. 30, 2020>]
 Article 11 (Educational Administration of Regular Course)
(1) Regular course trainees shall be paid an amount equivalent to 80 percent of a salary corresponding to salary class 1 of grade V foreign service officials, and be reimbursed for expenses actually incurred during the period of education, within budgetary limits, pursuant to Article 7 (3) of the Act.
(2) Regular course trainees shall be educated so that they can establish their views about the Republic of Korea and public service values, improve their attributes as diplomats, and acquire professional knowledge and practical ability necessary to engage in foreign affairs.
(3) The Chancellor shall conduct evaluations on regular course trainees, and forward the results thereof to the Minister of Foreign Affairs and the Minister of Personnel Management, as prescribed by the Academy Regulations. In such cases, he or she may conduct evaluations, presenting his/her opinion on all trainees or individual trainees, where necessary. <Amended on Mar. 23, 2013; Nov. 19, 2014>
(4) The Chancellor shall confer a certificate of completion on trainees who have successfully completed each regular course as a result of evaluation under paragraph (3).
[Moved from Article 5 <Jul. 30, 2020>]
 Article 12 (Dismissal of Regular Course Trainees)
(1) Where the Chancellor finds it impracticable for a regular course trainee to continue his or her study because he or she falls under any of the following pursuant to Article 7 (4) of the Act, he or she may dismiss the relevant trainee. In such cases, the Chancellor shall immediately notify the relevant trainee of his or her intention to dismiss him or her and provide such trainee with an opportunity to defend himself or herself before dismissal:
1. Where the trainee falls under any of subparagraphs 1 through 6 of Article 33 of the State Public Officials Act;
2. Where his/her academic performance falls below any of the standards prescribed by the Academy Regulations;
3. Where the trainee violates any Academy Regulation meeting criteria for dismissal prescribed by the Academy Regulations;
4. Where the trainee engages in any conduct compromising the dignity of a diplomat candidate.
(2) The Chancellor shall determine whether to dismiss a trainee in comprehensive consideration of the details of his/her defense, his/her conduct, academic performance, potential for improvement, etc.
(3) Where the Chancellor determines to dismiss a regular course trainee, he or she shall immediately issue to the relevant trainee, a written explanation stating the grounds for dismissal, and forward the result thereof to the Minister of Foreign Affairs and the Minister of Personnel Management, respectively. <Amended on Mar. 23, 2013; Nov. 19, 2014>
[Moved from Article 6 <Jul. 30, 2020>]
 Article 13 (Academy Regulations)
The Chancellor may prescribe matters necessary for operating the Korea National Diplomatic Academy, such as the administration of courses of study, by the Academy Regulations, upon approval from the Minister of Foreign Affairs. <Amended on Mar. 23, 2013>
[Moved from Article 7 <Jul. 30, 2020>]
ADDENDA < Presidential Decree No. 23629, Feb. 28, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 1, 2012.
Article 2 (Transitional Measures concerning Public Officials, etc. Belonging to Institute of Foreign Affairs and National Security)
(1) Public officials belonging to the Institute of Foreign Affairs and National Security as at the time this Decree enters into force shall be deemed public officials belonging to the Korea National Diplomatic Academy.
(2) Acts done by the President of the Institute of Foreign Affairs and National Security, such as contracting, as at the time this Decree enters into force shall be deemed done by the Chancellor of the Korea National Diplomatic Academy.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 24424, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
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. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 30252, Dec. 24, 2019>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 30884, Jul. 30, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 30, 2020.
Article 2 (Applicability to New Employment of Full-Time Faculty Members)
The amended provisions of the proviso of Article 4 (1) shall begin to apply to associate or assistant professors newly employed on or after the date this Decree enters into force.
Article 3 (Applicability to Extension of Service Period of Associate or Assistant Professors)
The amended provisions of Article 6 (2) through (5) shall begin to apply to associate or assistant professors newly employed on or after the date this Decree enters into force.