REGULATIONS ON MANAGEMENT OF OPEN POSITIONS AND PUBLICLY-RECRUITED POSITIONS
Wholly Amended by Presidential Decree No. 19514, jun. 12, 2006
Amended by Presidential Decree No. 20340, Oct. 23, 2007
Presidential Decree No. 20713, Feb. 29, 2008
Presidential Decree No. 20895, Jul. 3, 2008
Presidential Decree No. 21214, Dec. 31, 2008
Presidential Decree No. 21409, Apr. 6, 2009
Presidential Decree No. 21717, Sep. 8, 2009
Presidential Decree No. 22680, Feb. 25, 2011
Presidential Decree No. 23277, Nov. 1, 2011
Presidential Decree No. 24425, Mar. 23, 2013
Presidential Decree No. 24794, Oct. 16, 2013
Presidential Decree No. 24894, Dec. 4, 2013
Presidential Decree No. 25437, Jul. 1, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 25861, Dec. 16, 2014
Presidential Decree No. 26401, Jul. 13, 2015
Presidential Decree No. 27787, Jan. 10, 2017
Presidential Decree No. 30076, Sep. 10, 2019
Presidential Decree No. 31009, Sep. 8, 2020
Presidential Decree No. 32172, Nov. 30, 2021
Presidential Decree No. 33203, Jan. 3, 2023
CHAPTER I GENERAL PROVISIONS
[This Article Wholly Amended on Apr. 6, 2009]
| Article 2 (Relationship to Other Statutes or Regulations) |
Except as provided in the Decree on the Appointment of Resident Officers in Overseas Diplomatic Missions, this Decree shall apply to the designation and management of open positions and publicly-recruited positions, for resident officers who serve in overseas diplomatic missions.
[This Article Wholly Amended on Apr. 6, 2009]
CHAPTER II MANAGEMENT OF OPEN POSITIONS
| Article 3 (Designation of Open Positions) |
| (1) | Pursuant to Article 28-4 (1) of the State Public Officials Act (hereinafter referred to as the "Act"), each competent Minister defined in subparagraph 3 of Article 2 of the Decree on the Appointment of Public Officials (hereinafter referred to as "competent Minister") shall designate open positions not exceeding 20/100 of the total number of the Senior Executive Service positions under the subparagraphs of Article 2-2 (2) of the Act (hereinafter referred to as "Senior Executive Service positions") and shall ensure a balance is maintained between the number of positions in central administrative agencies and those in their affiliated agencies. <Amended on Sep. 8, 2009> |
| (2) | The competent Minister shall designate open positions not exceeding 20/100 of the total number of subsidiary bodies or equivalent positions placed under the supervision of the Deputy Ministers or Director Generals of central administrative agencies (hereinafter referred to as "director-level positions") and shall take into consideration the specific subsidiary bodies, types of public officials, fields of duties, etc. that are deemed to benefit from the management of such positions. <Amended on Feb. 25, 2011> |
| (3) | The competent Minister may designate positions requiring active utilization of the experience and expertise outside the public service as open positions to be filled exclusively by qualified persons from outside the public service (hereinafter referred to as "open career service positions") from among the open positions under paragraphs (1) and (2). <Newly Inserted on Jul. 13, 2015> |
| (4) | The competent Minister shall consult with the Minister of Personnel Management on positions to be designated (including change of and release from such designation) as open positions (including open career service positions) and the scope of such designation. <Amended on Oct. 16, 2013; Nov. 19, 2014; Jul. 13, 2015> |
| (5) | "Position prescribed by Presidential Decree" in the latter part of Article 28-4 (1) of the Act means a position determined by the Minister of Personnel Management, among the positions of public officials, such as standing members of various committees, whose qualifications for appointment and terms of office are prescribed by statutes or regulations. <Newly Inserted on Dec. 4, 2013; Nov. 19, 2014; Jul. 13, 2015> |
| (6) | Matters necessary for standards for the designation of open positions under Article 28-4 (1) of the Act and standards for determination of requirements for the performance of duties under paragraph (2) of that Article shall be determined by the Minister of Personnel Management. <Amended on Mar. 23, 2013; Dec. 4, 2013; Nov. 19, 2014; Jul. 13, 2015> |
[This Article Wholly Amended on Apr. 6, 2009]
| Article 4 (Timing for Filling Open Positions) |
| (1) | Where the competent Minister designates a specific position, among Senior Executive Service positions, as an open position pursuant to Article 3 (1) and makes the first appointment (including recommendation of appointment; hereinafter the same shall apply) to the open position; and if a vacancy arises among public officials in career service of the Senior Executive Service (hereinafter referred to as "senior public official in career service") who are eligible for appointment to the position and when a vacancy occurs in the position, the competent Minister shall appoint a person meeting the requirements for performing duties under Article 28-4 (2) of the Act without delay. |
| (2) | Where the competent Minister designates a specific position, among director-level positions, as an open position pursuant to Article 3 (2) and makes the first appointment to the open position; and if a vacancy occurs in the class (if there is no category of class, it refers to a classification equivalent to the rank or class: hereinafter the same shall apply) of a public official who is eligible for appointment to the position and when a vacancy occurs in the position, the competent Minister shall appoint a person meeting the requirements for performing duties under Article 28-4 (2) of the Act without delay. |
| (3) | Notwithstanding Article 24 (2) of the Common Rules of the Organization and the Prescribed Number of Personnel of Administrative Agencies, the competent Minister shall make an appointment to an open position without delay if the open position to which an appointment is made pursuant to the procedures and methods prescribed in Articles 5, 7, and 8 (hereinafter referred to as "appointment to an open position") falls under any of the following: <Amended on Oct. 16, 2013> |
| 1. | Where the period of appointment of a person appointed to the open position expires; |
| 2. | Where a vacancy occurs in the relevant position; |
| 3. | Where the relevant open position is changed. |
| (4) | Notwithstanding paragraphs (1) through (3), the competent Minister may adjust the timing of appointment in any of the following cases: <Amended on Mar. 23, 2013; Oct. 16, 2013; Dec. 4, 2013; Nov. 19, 2014> |
| 1. | Where the competent Minister shall transfer a public official in career service, who is appointed to an open position, back to the agency to which the public official originally belonged or shall dispatch such public official to another agency in order to make an appointment to the open position; |
| 1-2. | Where the competent Minister appoints, to an open position, a person inside or outside the public service, as a public official in a fixed term position, through personnel rotation prescribed in Article 32-2 of the Act (limited to personnel rotation between administrative agencies and educational institutions or research institutes, or between public institutions); |
| 2. | Where a consultation has been held with the Minister of Personnel Management due to special circumstances which make it difficult to make an appointment to an open position during the course of personnel management. |
[This Article Wholly Amended on Apr. 6, 2009]
| Article 5 (Selection Examinations for Open Positions) |
| (1) | Where the competent Minister intends to select public officials eligible for appointment to open positions, he or she shall conduct open recruitment for such positions from among the following persons from inside and outside the public service and have them undergo selection examinations conducted by the Central Open Position Selection Examination Committee under Article 6 (1) (hereinafter referred to as "selection examinations for open positions"): Provided, That in cases of open career service positions, the competent Minister shall conduct open recruitment from among persons who are not public officials (excluding faculty members of national and public colleges and universities): <Amended on Dec. 4, 2013; Jul. 1, 2014; Nov. 19, 2014; Jul. 13, 2015; Jan. 3, 2023> |
| 1. | A person who has a qualification certificate related to the detailed duties of the position to be filled and has served or conducted research for a period determined by the competent Minister in relevant fields; |
| 2. | A person who has served or conducted research, for a period determined by the competent Minister, in a field involving duties identical or related to those of the position to be filled. |
| (2) | Notwithstanding paragraph (1), if the intention is to select and appoint a person who is not a public official (excluding faculty members of national and public colleges and universities) as a public official in a fixed term position, open recruitment may be omitted. <Newly Inserted on Jul. 13, 2015> |
| (3) | Selection examinations for an open position shall consist of document screening and interviews and, if necessary, a written or practical examination may be conducted: Provided, That such document screening may be conducted if a person, who is not a public official (excluding faculty members of national and public colleges and universities), is appointed to an open position in the Senior Executive Service as a public official in a fixed term position under paragraph (2). <Amended on Jul. 1, 2014; Jul. 13, 2015> |
| (4) | If the number of examination applicants is at least six times the number of persons to be selected, the Central Open Position Selection Examination Committee under Article 6 (1) may determine at least five times the number of successful candidates in document screening in accordance with standards appropriate for the duties of the position to be filled. <Amended on Jul. 1, 2014; Dec. 16, 2014; Jul. 13, 2015> |
| (5) | Except as provided in paragraphs (3) and (4), the Minister of Personnel Management shall determine matters necessary for selection examinations for open positions, examination subjects, methods for determining successful candidates, and other matters necessary for administering examinations. <Amended on Jul. 1, 2014; Nov. 19, 2014; Jul. 13, 2015> |
[This Article Wholly Amended on Apr. 6, 2009]
| Article 6 (Central Open Position Selection Examination Committee) |
| (1) | A Central Open Position Selection Examination Committee shall be established under the jurisdiction of the Minister of Personnel Management (hereinafter referred to as "Selection Examination Committee") to conduct the following business affairs, and the Selection Examination Committee shall be composed of at least five members for each position to be filled: <Amended on Nov. 19, 2014> |
| 1. | Selection examinations for open positions; |
| 2. | Examinations to be conducted by the Selection Examination Committee under other statutes or regulations; |
| 3. | Submission of opinions on the appropriateness, etc. of designation of open positions subject to selection examinations. |
| (2) | The Minister of Personnel Management shall commission members of the Selection Examination Committee from among the following persons in consideration of gender equality; in such cases, the number of members specified in subparagraph 2 shall not exceed two for each position to be filled: <Amended on Sep. 8, 2020> |
| 1. | A person who is not a public official (excluding faculty members of national and public colleges and universities) and has extensive experience in and knowledge of a field related to the position to be filled or recruitment, interview, or other examination processes; |
| 2. | A public official belonging to the relevant agency. |
| (3) | The chairperson shall be elected among and by the committee members. <Newly Inserted on Sep. 8, 2020> |
| (4) | A member of the Selection Examination Committee who falls under any of the following shall be excluded from deliberations and resolutions by the Selection Examination Committee: <Amended on Sep. 8, 2020> |
| 1. | Where a member is or was a relative of an applicant to take the selection examination for an open position; |
| 2. | Where a member is or was an immediate superior of an applicant to take the selection examination for an open position. |
| (5) | An applicant to take the selection examination may file a motion for challenge to a member if the member has a reason for exclusion specified in paragraph (4) or the circumstances indicate that it would be impractical to expect fair deliberations and resolutions by the member, clearly stating the reasons therefor, and the member shall recuse himself or herself from deliberations and resolutions. <Amended on Sep. 8, 2020> |
| (6) | Upon receipt of the motion for challenge to a committee member under paragraph (5), the Selection Examination Committee shall make a decision on the challenge by its resolution. In such cases, the committee member to whom the motion for challenge is filed shall not participate in the proceedings of resolution. <Amended on Sep. 8, 2020> |
| (7) | Two-thirds of the members of the Selection Examination Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. <Newly Inserted on Jul. 13, 2015; Sep. 8, 2020> |
| (8) | Except as provided in paragraphs (1) through (7), matters necessary for the operation, etc. of the Selection Examination Committee shall be determined by the Minister of Personnel Management. <Amended on Nov. 19, 2014; Jul. 13, 2015; Sep. 8, 2020> |
[This Article Wholly Amended on Jul. 1, 2014]
| Article 7 (Procedures for Appointment to Open Positions) |
| (1) | The Selection Examination Committee shall select and recommend up to three candidates for appointment to each open position (excluding open career service positions) to the competent Minister determining the order of recommendation; and the competent Minister shall appoint the candidates in accordance with the order of recommendation by the Selection Examination Committee, in the absence of special circumstances to the contrary: Provided, That where the competent Minister intends to change the recommendation order, he or she shall consult with the Minister of Personnel Management. <Amended on Sep. 10, 2019; Sep. 8, 2020> |
| (2) | The Selection Examination Committee shall select up to three candidates for appointment for each open career service position to be filled and recommend them without specifying an order of recommendation to the competent Minister; and the competent Minister shall make an appointment from among the candidates recommended by the Selection Examination Committee. <Amended on Sep. 10, 2019; Sep. 8, 2020> |
| (3) | Notwithstanding paragraphs (1) and (2), the competent Minister may decide not to appoint any qualified person from among candidates for appointment recommended by the Selection Examination Committee where he or she determines that none of them are qualified. <Newly Inserted on Jul. 1, 2014; Sep. 10, 2019> |
| (4) | Where there is a person subject to screening by the Senior Executive Service Appointment Screening Committee under Article 28-6 of the Act from among the candidates for appointment under paragraphs (1) and (2), the competent Minister shall have the person undergo screening by the Senior Executive Service Appointment Screening Committee. <Amended on Jul. 1, 2014; Sep. 10, 2019> |
[This Article Wholly Amended on Apr. 6, 2009]
| Article 8 (Methods of Appointment to Open Positions) |
| (1) | A competent Minister shall appoint a public official to an open position by means of competitive recruitment, etc. for career service positions (referring to recruitment under Article 28 (2) of the Act; hereinafter the same shall apply): Provided, That with regard to a person who is a public official in career service (excluding a public official in a fixed term position; hereafter in Articles 10, 11, 15, and 18 the same shall apply) at the time of his or her appointment to an open position, the competent Minister may appoint such person to the open position by means of transference, promotion, or change of occupation. |
| (2) | A public official appointed to an open position shall be appointed as a public official in a fixed term position except in any of the following cases: <Amended on Jul. 13, 2015> |
| 1. | Where a public official is appointed pursuant to the proviso of paragraph (1); |
| 2. | Where a foreign service official is appointed, through competitive recruitment, etc. for career service positions, as a public official in general service pursuant to Article 28 (2) 3 of the Act; |
| 3. | Where a local public official is appointed, through competitive recruitment, etc. for career service positions, as a State public official of the class equivalent to that he or she belongs to pursuant to Article 28 (2) 7 of the Act; |
| 4. | Where a public official in a fixed term position is appointed to an open position, through competitive recruitment, etc. for career service positions, as a public official in general service, not as a public official in a fixed term position, under Article 9 (3). |
| (3) | Where a public official is appointed to an open position, the screening by the ordinary promotion screening committee and the examination for change of occupation or competitive recruitment examinations for career service positions and other types of examinations shall be substituted by selection examinations under Article 5: Provided, That this shall not apply to a competitive recruitment examination for career service positions and other types of examination, which are conducted for the appointment of a public official in a fixed term position to an open position as a public official in general service in accordance with Article 9 (3) and (4). <Amended on Jul. 13, 2015; Sep. 8, 2020> |
[This Article Wholly Amended on Dec. 4, 2013]
| Article 9 (Period of Appointment to Open Positions) |
| (1) | The period of appointment of a public official to be appointed to an open position shall be determined by the competent Minister within a period of five years, except as otherwise expressly provided in other statutes or regulations (excluding the Decree on the Appointment of Public Officials), but the period shall be at least two years: Provided, That in any of the following cases, the period of appointment shall be at least the period specified in the relevant subparagraph, except in special circumstances to the contrary: <Amended on Dec. 4, 2013; Jul. 1, 2014; Jul. 13, 2015; Sep. 10, 2019> |
| 1. | Where a person who is not a public official (excluding faculty members of national and public colleges and universities) is appointed to an open position as a public official in a fixed term position: Three years; |
| 2. | Where a public official in a fixed term position is appointed to the same open position as a public official in general service, not as a public official in a fixed term position pursuant to paragraph (3): One year. |
| (2) | Where the performance of a person appointed to an open position is outstanding or there is a compelling reason to allow the person to continue his or her service, the competent Minister may extend his or her period of appointment without requiring him or her to undergo the selection examination under Article 5 and the appointment procedures under Article 7. However, the total period of employment shall not exceed five years : Provided, That where the performance of a public official in a fixed term position is outstanding, the competent Minister may extend his or her period of employment by a certain period exceeding the total employment period of five years, without requiring him or her to undergo the selection examination under Article 5 and the appointment procedures under Article 7. <Amended on Jul. 1, 2014; Nov. 19, 2014; Sep. 8, 2020> |
| (3) | Notwithstanding paragraph (2), where a public official in a fixed term position satisfies all the following requirements, the competent Minister may appoint the public official to the same open position as a public official in general service, not as a public official in a fixed term position, by means of competitive recruitment, etc. for career service positions, without requiring him or her to undergo the selection examination under Article 5 and the appointment procedures under Article 7: <Newly Inserted on Jul. 13, 2015; Sep. 10, 2019> |
| 1. | That such person who was not a public official shall have been appointed as a public official in a fixed term position to the relevant open position; |
| 2. | That such person shall have completed the total appointment period of three years in the relevant open position; |
| 3. | That the performance of such person shall have been outstanding in the relevant open position. |
| (4) | Notwithstanding paragraphs (1) and (2), if a public official in a fixed term position meets all the following requirements, the competent Minister may appoint the public official to a higher class than that of the same open position, as a public official in a fixed-term position, by means of competitive recruitment, etc. for career service positions, without requiring him or her to undergo the selection examination under Article 5 and the appointment procedures under Article 7: <Newly Inserted on Sep. 8, 2020> |
| 1. | That such person who was not a public official shall have been appointed as a public official in a fixed term position to the relevant open position; |
| 2. | That such person shall have completed the total appointment period of at least one year in the relevant open position; |
| (5) | Where the number of current public officials of an agency exceeds the fixed number of personnel as a result of appointment made under paragraph (4), the agency shall be deemed to have a separate fixed number of personnel corresponding to the excess number of current public officials until the number of current public officials aligns with the fixed number of personnel. <Newly Inserted on Sep. 8, 2020> |
[This Article Wholly Amended on Apr. 6, 2009]
| Article 10 (Management of Assigned Positions of Each Person Whose Period of Appointment in Open Position Expires) |
| (1) | Where a public official in career service has served in a Senior Executive Service position or equivalent position or a public official has met the requirements for promotion to a Senior Executive Service position (including senior researchers and senior technical advisors who have met the requirements for transference to Senior Executive Service positions; hereafter in this paragraph the same shall apply) at the time of his or her appointment to an open position in the Senior Executive Service and if the period of his or her appointment expires, the competent Minister shall appoint such public official to a position that makes him or her eligible for appointment as a senior public official in career service (in cases of senior researchers or senior technical advisors, including the positions specified in Article 17 (2) of the Regulations on the Personnel Management of the Senior Executive Service: hereafter in this paragraph the same shall apply): Provided, That with respect to a public official who originally belonged to another central administrative agency, local government, or local educational administrative agency at the time of his or her appointment to an open position in the Senior Executive Service, the competent Minister shall determine whether to return such public official to the agency to which he or she originally belonged (referring to the agency to which the public official originally belonged at the time of his or her appointment to such open position; hereafter in this Article and Article 19 the same shall apply) no later than three months before the expiration of the period of appointment specified in Article 9 (1), and if the public official desires to return to the original agency, the original competent Minister (referring to the head of the local government and the chairperson of the local council; hereinafter the same shall apply) shall appoint the public official to a position that makes him or her eligible for appointment as a senior public official in career service (in cases of a local public official, referring to the class at the time his or her appointment to an open position) after the expiration of the period of appointment of the public official. <Amended on Nov. 30, 2021> |
| (2) | Where a public official of Class III or below in career service, who fails to meet the requirements for promotion to a Senior Executive Service position (including public officials in research service and those in technical advice service who fail to meet the requirements for transference to Senior Executive Service positions) at the time of his or her appointment to an open position in the Senior Executive Service, is appointed to an open position as a public official in a fixed term position, and if the period of his or her appointment expires, the original competent Minister at the time the open appointment is made shall appoint the public official to a position in the class in which he or she has served at the time of his or her appointment to the open position. <Amended on Dec. 4, 2013> |
| (3) | Where a person has served as a public official of Class III or below in career service (including public officials in research service and those in technical advice service who fail to meet the requirements for transference to Senior Executive Service positions) at the time of his or her appointment to an open position at a director level and if the period of his or her appointment expires, the original competent Minister at the time the open appointment is made shall appoint the public official to the class in which he or she has served at the time of his or her appointment to the open position (where a person is promoted to a class while holding such open position, referring to the class to which he or she is promoted). |
| (4) | Paragraphs (1) through (3) shall not apply to a person appointed as a public official in a fixed term position even though he or she could have been appointed as a public official in career service at the time of his or her appointment to the open position and a person who served in a higher class than the class eligible for appointment to an open position (including a person appointed to a position in Class III or below who was a senior public official in career service), from among those whose period of appointment expired. <Amended on Dec. 4, 2013> |
| (5) | Where there is no vacancy for appointment under the proviso of paragraph (1), or the provisions of paragraph (2) or (3), the original competent Minister or the competent Minister shall make an appointment deeming that a separate fixed number of personnel exists for such appointment until the first vacancy occurs, or the competent Minister shall extend the period of appointment to such open position until a vacancy occurs, notwithstanding Articles 4 (3) and 9 (2). |
[This Article Wholly Amended on Apr. 6, 2009]
| Article 11 (Restriction on Appointment, to Other Position, of Person Already Appointed to Open Position) |
| (1) | A public official who has served in career service at the time of his or her appointment to an open position shall not be appointed to any other position during the period of appointment to the open position: Provided, That this shall not apply to any of the following: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jan. 3, 2023> |
| 1. | In cases of promotion; |
| 2. | In cases of a leave of absence; |
| 3. | In cases where he or she is subject to disciplinary action or removal from position; |
| 4. | In cases where it is necessary for performing major national tasks or urgent pending affairs. In such cases, the period of the appointment shall be limited to cases where at least one year and six months have passed since the period of appointment to the open position commenced; |
| 5. | In cases where a consultation has been held with the Minister of Personnel Management due to extenuating circumstances, such as being unable to perform the duties of the relevant position. |
| (2) | Where a person appointed to an open position pursuant to the proviso, with the exception of the subparagraphs, of paragraph (1) is to be appointed to another position, the appointment shall be made as if the period of appointment had expired pursuant to Article 10 (1) through (3). |
| (3) | Where a person appointed to an open position is appointed to another position pursuant to paragraph (2) and if there is no vacancy for appointment, the person may be appointed deeming that a separate fixed number of personnel exists for such appointment until the first vacancy occurs: Provided, That where a transference is made within the relevant agency it shall not be deemed that there exists a separate fixed number of personnel. |
| (4) | Where the competent Minister transfers a person appointed to an open position pursuant to the proviso of paragraph (3), he or she shall fill such open position without delay. |
[This Article Wholly Amended on Apr. 6, 2009]
| Article 12 (Education and Training of Appointees to Open Positions) |
The competent Minister may dispatch persons to be appointed or appointed to open positions to a public official education and training institute, educational institution, or administrative agency, etc. for a certain period or have them undergo education and training necessary for the performance of their duties.
[This Article Wholly Amended on Apr. 6, 2009]
CHAPTER III MANAGEMENT OF PUBLICKLY-RECRUITED POSITIONS
| Article 13 (Designation of Publicly-Recruited Positions) |
| (1) | Pursuant to Article 28-5 (1) of the Act, the competent Minister shall designate publicly-recruited positions not exceeding 30/100 of the total number of the Senior Executive Service positions to which each competent Minister may appoint public officials in career service and shall ensure that a balance is maintained between the number of positions in central administrative agencies and those in their affiliated agencies. |
| (2) | The competent Minister shall designate publicly-recruited positions not exceeding 20/100 of the total number of director-level positions eligible for appointment to public officials in career service and shall take into consideration the specific bodies, types of public officials, fields of duties, etc. which are deemed to benefit from the management of such positions, <Amended on Oct. 16, 2013> |
| (3) | The competent Minister shall designate positions that make individuals eligible for appointment as public officials of Class IV or V in career service or public officials equivalent thereto (hereinafter referred to as "staff-level position") , as publicly-recruited positions, in order to support the efficient business performance in director-level positions, or in subsidiary bodies or equivalent positions placed under the supervision of the heads of offices or bureaus of the agencies affiliated with the Ministry and shall take into consideration the specific bodies, types of public officials, fields of duties, etc. which are deemed to benefit from the management of such positions. <Newly Inserted on Jan. 3, 2023> |
| (4) | The competent Minister shall consult with the Minister of Personnel Management about the scope of designation of publicly-recruited positions. <Amended on Oct. 16, 2013; Nov. 19, 2014; Jan. 3, 2023> |
| (5) | Matters necessary for standards for designating publicly-recruited positions prescribed in Article 28-5 (1) of the Act and standards for setting the requirements for the performance of duties prescribed in paragraph (2) of that Article shall be determined by the Minister of Personnel Management. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jan. 3, 2023> |
[This Article Wholly Amended on Apr. 6, 2009]
| Article 14 (Timing of Recruitment for Publicly-Recruited Positions) |
| (1) | Where the competent Minister has designated a specific position, among the Senior Executive Service positions, as a publicly-recruited position and makes the first appointment to the publicly-recruited position pursuant to Article 13 (1); and if there is a vacancy in a senior public official in career service position eligible for appointment to the publicly-recruited position and when a vacancy occurs in the position, the competent Minister shall appoint to the position a person meeting the requirements for the performance of duties under Article 28-5 (2) of the Act, without delay: Provided, That this shall not apply where the current number of public officials in career service exceeds the fixed number of personnel due to the grounds specified in subparagraphs 1 through 4 of Article 18 of the Regulations on the Personnel Management of the Senior Executive Service or other grounds equivalent thereto. |
| (2) | Where the competent Minister has designated a specific position, among director-level positions or staff-level positions, as a publicly-recruited position pursuant to Article 13 (2) or (3) and makes the first appointment to the publicly-recruited position pursuant to Article 13 (2) or (3); and if there is a vacancy in the class of a public official eligible for appointment to the position and when a vacancy occurs in the position, the competent Minister shall without delay appoint to the position a person meeting the requirements for the performance of duties under Article 28-5 (2) of the Act : Provided, That where a public official in career service has been appointed to a publicly-recruited position eligible for appointment to at least two classes of public officials, the competent Minister shall make an appointment if a vacancy occurs in the class of the public official appointed to the position and when a vacancy occurs in the position. <Amended on Oct. 16, 2013; Jan. 3, 2023> |
| (3) | Where a publicly-recruited position appointed in accordance with the procedures and methods prescribed in Articles 15, 17, and 18 falls under any of the following, the competent Minister shall, without delay, make the appointment through the procedures for public recruitment for positions: |
| 1. | Where a person appointed to a publicly-recruited position is transferred; |
| 2. | Where a vacancy occurs in the relevant position; |
| 3. | Where the relevant publicly-recruited position is changed. |
| (4) | Notwithstanding paragraphs (1) through (3), the competent Minister may adjust the timing of appointment to the relevant publicly-recruited positions in any of the following cases: <Amended on Mar. 23, 2013; Oct. 16, 2013; Nov. 19, 2014; Sep. 10, 2019> |
| 1. | Where personnel rotations are planned between administrative agencies for policy cooperation and for other purposes regarding publicly-recruited positions; |
| 2. | Where the Minister intends to appoint qualified persons from among public officials belonging to other central administrative agencies to the publicly-recruited positions; |
| 3. | Where the Minister has had a prior consultation with the Minister of Personnel Management due to extenuating circumstances which make it difficult to conduct public recruitment for the positions under paragraphs (1) through (3) during the course of personnel management. |
[This Article Wholly Amended on Apr. 6, 2009]
| Article 15 (Selection Examinations for Publicly-Recruited Positions) |
| (1) | Where the competent Minister intends to appoint a public official to a publicly-recruited position in the Senior Executive Service, he or she shall select a qualified person through an examination conducted for open recruitment of the following persons: <Amended on Dec. 4, 2013; Jan. 10, 2017; Jan. 3, 2023> |
| 1. | A senior public official in career service (excluding a public official in a fixed-term position); |
| 4. | A local public official who has served in a position of a local government or a local educational administrative agency equivalent to a Senior Executive Service position; |
| (2) | Where a competent Minister who intends to appoint a public official to a director-level position or a staff-level position that is designated as a publicly-recruited position pursuant to Article 13 (2) or (3), the competent Minister shall select a qualified person through an examination conducted for the open recruitment of public officials falling under any of the following: <Amended on Oct. 16, 2013; Dec. 4, 2013; Jan. 3, 2023> |
| 1. | A public official in career service who has served in a class corresponding to the class of the relevant position to which such public official is eligible for appointment; |
| 2. | A public official in general service who has served in a class immediately below the class of the relevant position to which such public official is eligible for appointment; |
| 3. | A research official or technical advisor who meet the requirements for promotion under Article 14 of the Regulations on the Appointment of Public Officials Engaged in Research Service and Technical Advice Service; |
| 4. | A local public official who has served in a position in a local government or a local educational administrative agency corresponding to the class of the relevant position to which such local public official is eligible for appointment; |
| (3) | Notwithstanding paragraphs (1) and (2), the competent Minister may conduct open recruitment of public officials belonging to some administrative agencies or restrict applications to public officials from outside the agency, if deemed necessary, taking into consideration the characteristics and methods of conducting the business affairs in a publicly recruited position. <Newly Inserted on Oct. 16, 2013> |
| (4) | Selection examinations under paragraphs (1) and (2) shall be conducted through document screening and interviews. In such cases, where the number of applicants to take such an examination is at least six times the number of persons to be selected, the competent Minister may determine at least five times the number of successful candidates in the document screening in accordance with standards appropriate for the duties of positions to be filled. <Amended on Oct. 16, 2013; Dec. 16, 2014> |
| (5) | In principle, an interview under paragraph (4) shall be conducted by means of a face-to-face meeting, but if there is any unavoidable reason, such as where a public official who works abroad applies for a publicly-recruited position, a real-time interview may be conducted through information and communications media or other similar means. In such cases, the head of the agency conducting the examination shall choose one method at the request of the examinee and shall not disadvantage the examinee who has chosen the method using information and communications media. <Amended on Oct. 16, 2013> |
| (6) | Except as provided in paragraph (4) and (5), methods for examining and determining successful candidates and other matters necessary for administrating examinations shall be determined by the competent Minister. <Amended on Oct. 16, 2013> |
[This Article Wholly Amended on Apr. 6, 2009]
| Article 16 (Publicly-Recruited Position Selection Screening Committee) |
| (1) | Where the competent Minister conducts an examination pursuant to Article 15 (4), a selection screening committee comprised of at least five examiners for each position to be filled (hereinafter referred to as "selection screening committee") shall be established: Provided, That the competent Minister may separately determine such matters with regard to publicly-recruited positions under Article 13 (2) and (3). <Amended on Jul. 1, 2014; Jan. 3, 2023> |
| (2) | Examiners shall be appointed or commissioned by the competent Minister from among persons who have extensive knowledge of and experience in fields, or recruitment, interview, or other examination processes related to positions to be filled; and at least 1/2 of the examiners shall be public officials from other central administrative agencies (including agencies of various levels in the Executive branch, excluding the Board of Audit and Inspection; hereinafter the same shall apply) recommended by the Minister of Personnel Management or private members (including faculty members of national and public colleges and universities; hereinafter the same shall apply); and each committee chairperson shall be elected among and by public officials of other central administrative agencies or private members. <Amended on Oct. 16, 2013; Jan. 3, 2023> |
| (3) | The competent Minister may entrust the Minister of Personnel Management or the head of any other central administrative agency with the selection examinations or jointly conduct such examinations, if deemed necessary. <Newly Inserted on Jul. 1, 2014; Nov. 19, 2014> |
| (4) | If the Minister of Personnel Management is entrusted with selection examinations pursuant to paragraph (3), the selection examinations for publicly-recruited positions may be administered by the Selection Examination Committee. In such cases, the Minister of Personnel Management in consultation with the competent Minister shall determine matters necessary for selection examinations such as the composition of the Selection Examination Committee. <Newly Inserted on Jan. 3, 2023> |
[This Article Wholly Amended on Apr. 6, 2009]
| Article 17 (Procedures for Appointment to Publicly-Recruited Positions) |
| (1) | The selection screening committee shall select two or three candidates for appointment to each publicly-recruited position to be filled and make recommendations by determining the order of recommendations to the competent Minister, and the competent Minister shall appoint the candidates in accordance with the order recommended by the selection screening committee, in the absence of special circumstances to the contrary; but if the competent Minister intends to make appointments in a different order recommended, he or she shall hear the opinion of the selection screening committee: Provided, That where the competent Minister entrusts selection examinations to the Minister of Personnel Management or the head of any other central administrative agency, or jointly conducts such selection examinations with either of them pursuant to Article 16 (3), he or she shall comply with the procedures, such as the hearing of opinions, prescribed by the Minister of Personnel Management if he or she intends to make appointments in a different order than recommended. <Amended on Jan. 3, 2023> |
| (2) | Notwithstanding paragraph (1), if there is only one applicant for each publicly-recruited position to be filled, the selection screening committee may recommend one applicant as a candidate for appointment only where it deems such applicant is qualified for the appointment. <Newly Inserted on Jan. 3, 2023> |
| (3) | When the selection screening committee recommends candidates for appointment under paragraph (1) or (2), and if a public official under Article 15 (2) 2 fails to meet the requirements for promotion specified in Article 31 (1) 1 or 2 of the Decree on the Appointment of Public Officials, it shall determine whether such public official meets the requirements specified in Article 40-4 (1) 2 and, if such public official meets the requirements specified in that subparagraph, the committee then may recommend the public official as a candidate for appointment. <Newly Inserted on Jan. 3, 2023> |
| (4) | Where there are candidates subject to screening by the Senior Executive Service Appointment Screening Committee prescribed in Article 28-6 of the Act from among the candidates for appointment referred to in paragraph (1) or (2), the competent Minister shall determine the order of precedence among candidates for appointment and refers it to the Senior Executive Service Appointment Screening Committee for screening. <Amended on Jan. 3, 2023> |
[This Article Wholly Amended on Apr. 6, 2009]
| Article 18 (Methods of Appointment to Publicly-Recruited Positions) |
| (1) | The appointment of a public official to a publicly-recruited position shall be made by means of transference, promotion, change of occupation, or competitive recruitment, etc. for career service positions (including where a foreign service officer is appointed as a public official in general service through competitive recruitment, etc. for career service positions under Article 28 (2) 3 of the Act, and where a local public official is appointed as a State public official of a class equivalent to that to which he or she has been appointed under Article 28 (2) 7 of the Act, through competitive recruitment, etc. for career service positions; hereafter in this Article, the same shall apply). <Amended on Nov. 1, 2011; Dec. 4, 2013> |
| (2) | Where a public official in career service is appointed by means of transference, promotion, or change of occupation, or competitive recruitment, etc. for career service positions, the screening by the ordinary promotion screening committee and the examination for change of occupation or the examination for competitive recruitment, etc. for career service positions shall be substituted by the selection examinations under Article 15. <Amended on Nov. 1, 2011> |
[This Article Wholly Amended on Apr. 6, 2009]
| Article 19 (Management of Assigned Positions for Appointee to Publicly-Recruited Positions) |
| (1) | Where a competent Minister transfers a public official appointed to a publicly-recruited position pursuant to Article 13 (1), he or she shall appoint the public official to a position that makes him or her eligible for appointment as a senior public official in career service (in cases of senior researchers or senior technical advisors, including the positions specified in Article 17 (2) of the Regulations on the Personnel Management of the Senior Executive Service: hereafter in this paragraph the same shall apply): Provided, That with regard to a public official who originally belonged to another central administrative agency, local government, or local educational administrative agency at the time of his or her appointment to a publicly-recruited position in the Senior Executive Service, the competent Minister shall determine whether to return such public official to the agency which he or she originally belonged no later than two months prior to the expiration of the period for restriction on appointment referred to in the main clause, with the exception of the subparagraphs, of Article 20 (1), and if the relevant public official desires to return to the original agency, the original competent Minister shall appoint the public official to a position that makes him or her eligible for appointment as a senior public official in career service (in cases of a local public official, referring to the class at the time of his or her appointment to a publicly-recruited position). |
| (2) | When transferring a public official appointed to a publicly-recruited position under Article 13 (2) and (3), the competent Minister shall appoint the public official to a position equivalent to the class in which the he or she has served (when transferring a person who originally belonged to another central administrative agency to that central administrative agency he or she was affiliated with at the time of his or her appointment, including appointment by the original competent Minister). <Amended on Jan. 3, 2023> |
| (3) | Where there is no vacancy for the appointment under the proviso of paragraph (1) or the provisions of paragraph (2), the original competent Minister shall make an appoint deeming that a separate fixed number of personnel exists for such appointment until the first vacancy occurs: Provided, That this shall not apply where a public official appointed to a publicly-recruited position under Article 13 (3) is transferred to another position. <Amended on Jan. 3, 2023> |
[This Article Wholly Amended on Apr. 6, 2009]
| Article 20 (Restriction on Appointment, to Other Position, of Person Already Appointed to Publicly-Recruited Position) |
| (1) | Notwithstanding Article 45 of the Decree on the Appointment of Public Officials, a public official appointed to a publicly-recruited position shall not be appointed to another position within two years from the date of the initial appointment: Provided, That this shall not apply to the following cases: <Amended on Mar. 23, 2013; Oct. 16, 2013; Nov. 19, 2014> |
| 1. | In cases of promotion; |
| 2. | In cases of a leave of absence; |
| 3. | In cases where he or she is subject to disciplinary action or removal from position; |
| 4. | In cases where a consultation has been held with the Minister of Personnel Management due to extenuating circumstances, such as being unable to perform the duties of the position. |
| (2) | In any of the following cases, appointment shall be made in accordance with the procedures and methods prescribed in Article 19: <Amended on Sep. 10, 2019> |
| 1. | Where the competent Minister appoints a person appointed to a publicly-recruited position in accordance with the procedures and methods prescribed in Articles 15, 17, and 18 to another position in accordance with the proviso, with the exception of the subparagraphs, of paragraph (1); |
| 2. | Where a person appointed to a publicly-recruited position under Article 14 (4) 2 is transferred to the agency to which the person originally belonged. |
| (3) | When a person appointed to a publicly-recruited position pursuant to paragraph (2) is appointed to another position, if there is no vacancy for appointment, the person may be appointed deeming that a separate fixed number of personnel exists for such appointment until the first vacancy occurs: Provided, That where a transference is made within the relevant agency a separate fixed number of personnel shall be deemed to exist. |
| (4) | Where the competent Minister appoints a person who is appointed to a publicly-recruited position pursuant to the proviso of paragraph (3) to another position, he or she shall fill the publicly-recruited position without delay. |
[This Article Wholly Amended on Apr. 6, 2009]
CHAPTER IV OPEN RECRUITMENT
| Article 21 (Public Announcement of Examinations) |
| (1) | The competent Minister shall formulate an examination plan to recruit qualified persons for open positions, on a regular basis, and shall notify the Minister of Personnel Management thereof, and the Minister of Personnel Management shall publicly announce such plan. <Amended on Mar. 23, 2013; Jul. 1, 2014; Nov. 19, 2014> |
| (2) | Where an examination under paragraph (1) is to be conducted to select candidates for appointment to open positions, information that applicants would need to be aware of regarding the implementation of the examination shall be publicly announced on the website for at least 10 days and, if necessary, in daily newspapers, Official Gazette, and by means of broadcasting and other effective means, no later than two months prior to the expiration of the period of appointment. In such cases, Article 47 of the Decree on Public Officials Appointment Examinations shall apply mutatis mutandis to the details of public announcement and the modification thereof. |
| (3) | In any of the following cases, the competent Minister may publicly re-announce a selection examination under paragraph (2) or (4); in such cases, public announcement shall be made for at least seven days: <Amended on Jul. 1, 2014; Sep. 8, 2020> |
| 1. | Where there are no applicants or the number of applicants outside the relevant agency is small, after public announcement has been made pursuant to paragraph (2) or (4); |
| 2. | Where the Selection Examination Committee or the selection screening committee determines that none of the applicants are qualified; |
| 3. | Where the competent Minister determines that there is no qualified candidate for appointment among those recommended by the Selection Examination Committee under Article 7 (3). |
| (4) | Where the competent Minister publicly recruits a publicly-recruited position, he or she shall publicly announce the matters specified in the following subparagraphs on the websites of the relevant agency and the Ministry of Personnel Management for at least seven days from two months prior to the expected date of vacancy in the position. In such cases, the competent Minister may separately determine such matters for the publicly-recruited positions prescribed in Article 13 (2) or (3). <Amended on Mar. 23, 2013; Nov. 19, 2014; Jan. 3, 2023> |
| 1. | A detailed explanation of the duties of the position subject to public recruitment; |
| 2. | Requirements for the performance of duties, such as abilities, skills, and experiences, which are necessary for the performance of duties; |
| 3. | Matters necessary for appointment, such as the timing of appointment. |
| (5) | Where the competent Minister publicly announces selection examinations for open positions pursuant to paragraphs (2) and (3), he or she may publicly announce such examinations jointly with the Minister of Personnel Management. <Newly Inserted on Jul. 1, 2014; Nov. 19, 2014> |
| (6) | Where the competent Minister designates or changes an open position or publicly-recruited position, he or she shall post such information publicly on the websites of the relevant agency and the Ministry of Personnel Management to ensure that all eligible applicants are informed of such information. <Amended on Mar. 23, 2013; Oct. 16, 2013; Jul. 1, 2014; Nov. 19, 2014> |
[This Article Wholly Amended on Apr. 6, 2009]
| Article 22 (Recommendation of Applicants for Open Positions) |
If necessary in the process of open recruitment for open positions under Article 21 (1) through (3), the competent Minister shall endeavor to attract highly talented persons by establishing and operating a recommendation committee in the Ministry or by requesting institutions specializing in talent recruitment, academic circles, relevant organizations, etc. to recommend qualified persons and encouraging such recommended persons to take examinations. [This Article Wholly Amended on Apr. 6, 2009]
| Article 23 (Exception to Open Recruitment) |
| (1) | If there are no applicants for publicly-recruited positions under Article 21, or the Selection Examination Committee or the selection screening committee determines that none of the applicants are qualified, the competent Minister may appoint the person deemed to be the most qualified from among public officials, within a period of one year, to the open position or publicly-recruited position. In such cases, if one year has passed since the appointment, the vacancy for the open position or publicly-recruited position shall be filled in accordance with Article 4 (3) 1 or 14 (3) 1 without delay. <Amended on Oct. 16, 2013> |
| (2) | Notwithstanding paragraph (1), in cases of an open position under Article 3, where the competent Minister deems it particularly necessary, he or she may appoint a person who is not a public official and meets the requirements for the performance of duties under Article 28-4 (2) of the Act in consultation with the Minister of Personnel Management. <Newly Inserted on Oct. 16, 2013; Nov. 19, 2014> |
[This Article Wholly Amended on Apr. 6, 2009]
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 24 (Special Cases concerning Period of Restriction on Transference or on Change of Occupation) |
The period of restriction on transference or on change of occupation under statutes and regulations related to personnel management of public officials shall not apply to public officials appointed to open positions or publicly-recruited positions: Provided, That this shall not apply where a statute prescribes the term of office for a position.
[This Article Wholly Amended on Apr. 6, 2009]
| Article 25 (Prohibition of Unfavorable Personnel Actions) |
| (1) | Any public official may freely apply for an open position or a publicly-recruited position and shall not be subject to unfavorable personnel action based on such application. |
| (2) | Where a public official belonging to another administrative agency applies to and is selected for an open position or publicly-recruited position, the original competent Minister shall take necessary measures, such as the transference of such public official, without delay. |
| (3) | Where a public official of another administrative agency is appointed to an open position or publicly recruited position, the competent Minister may provide necessary support to ensure that he or she can perform his or her duties successfully. |
[This Article Wholly Amended on Apr. 6, 2009]
Allowances may be paid to public officials in career service appointed to positions open to the pubic or publicly-recruited positions as prescribed by the Regulations on Allowances of Public Officials.
[This Article Wholly Amended on Apr. 6, 2009]
| Article 27 (Evaluation of Actual Status of Operation) |
| (1) | The Minister of Personnel Management may guide and support the operation of open positions and publicly-recruited positions and, if necessary, inspect and evaluate the actual status of the operation of such positions, and publish the results thereof. <Amended on Mar. 23, 2013; Jul. 1, 2014; Nov. 19, 2014> |
| (2) | The Minister of Personnel Management may recommend to the competent Minister the matters, etc. requiring improvement in which the opinions presented by the Selection Examination Committee under Article 6 (1) 3 are reflected. <Newly Inserted on Jul. 1, 2014; Nov. 19, 2014> |
[This Article Wholly Amended on Apr. 6, 2009]
[Title Amended on Jul. 1, 2014]
| Article 28 (Exemption from Application Fees) |
[This Article Newly Inserted on Dec. 16, 2014]
ADDENDA <Presidential Decree No. 19514, Jun. 12, 2006>
| (1) | (Enforcement Date) This Decree shall enter into force on July 1, 2006. |
| (2) | (Transitional Measures concerning Period of Appointment) An open position which has been designated pursuant to the previous provisions as at the time this Decree enters into force shall be deemed designated pursuant to this Decree, and if the period of appointment is extended, the total period of appointment shall not exceed five years counting from the date of the appointment to the open position. |
| (3) | (Transitional Measures concerning Return to Agency to Which Public Official Originally Belonged) Notwithstanding Article 10 (1), at the expiration of the period of appointment of a public official who originally belonged to another central administrative agency and has been appointed to an open position that makes him or her eligible for appointment as a public official of Class I through III or a public official equivalent thereto pursuant to the previous provisions as at the time this Decree enters into force, the original competent Minister shall appoint the public official to a position in the Senior Executive Service of the Ministry if the public official desires to serve in such position. In such cases if there is no vacancy for appointment, the original competent Minister shall deem that a separately fixed number of personnel exists for such appointment until the first vacancy occurs. |
ADDENDA <Presidential Decree No. 20340, Oct. 23, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 8 (2) shall enter into force on November, 12, 2007. Article 2 (Applicability following Change to Procedures for Appointments to Open Positions and Publicly-Recruited Positions)
The amended provisions of Articles 8 (3) and 18 (2) shall begin to apply to open positions or publicly-recruited positions for which a selection examination is publicly announced after this Decree enters into force. Article 3 (Applicability to Selection Examinations for Recruitment of Local Public Officials to Publicly-Recruited Positions)
The amended provisions of Article 15 (1) 4 shall begin to apply to publicly-recruited positions for which selection examination is publicly announced after this Decree enters into force.
ADDENDA <Presidential Decree No. 20713, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Appointment Procedures in Progress)
| (1) | Where appointment procedures have been in progress under the previous provisions as at the time this Decree enters into force, the appointment procedures shall be deemed in progress under this Decree. |
| (2) | Consultations, screening, etc. conducted by the Civil Service Commission and public notice, established rules, etc. issued by the Civil Service Commission pursuant to the relevant previous provisions as at the time this Decree enters into force, shall be deemed conducted or issued by the Minister of the Interior and Safety or by the Senior Executive Service Appointment Screening Committee. |
| (3) | Requests for consultation or screening made by the competent Minister to the Civil Service Commission in accordance with the relevant previous provisions as at the time this Decree enters into force shall be deemed made to the Minister of the Interior and Safety in accordance with the relevant provisions of this Decree. |
ADDENDA <Presidential Decree No. 20895, Jul. 3, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Change in Appointment Procedures for Open Positions and Publicly-Recruited Positions)
The amended provisions of Article 21 (2) through (4) shall begin to apply to publicly-recruited positions for which a selection examination is publicly announced after this Decree enters into force. Article 3 (Special Cases concerning Return to Agency to Which Public Official Originally Belonged)
Where a foreign service official who has hold a position equivalent to the Senior Executive Service and is appointed to an open position in the Senior Executive Service as a public official in contractual service and holds office as at the time this Decree enters into force, and if the period of the appointment expires, the original competent Minister shall appoint the foreign service official to a position in the Senior Executive Service of the Ministry. In such cases, if there is no vacancy for appointment, it shall be deemed that a separate fixed number of personnel exists for such appointment until the first vacancy occurs.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21409, Apr. 6, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21717, Sep. 8, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 22680, Feb. 25, 2011>
This Decree shall enter into force two months after the date of its promulgation.
ADDENDA <Presidential Decree No. 23277, Nov. 1, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2012. (Proviso Omitted.)
Articles 2 and 3 Omitted.
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 by Article 6 of this Addenda, the amended provisions of the Presidential Decrees promulgated before this Decree enters into force, but the enforcement dates of which has yet to arrive, shall enter into force on the enforcement dates of the respective Decrees. Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 24794, Oct. 16, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 3 (3) shall enter into force one month after the date of the promulgation, and the amended provisions of Articles 13 (2), 14 (2), and 20 (1) shall enter into force two months after the date of their promulgation, respectively. Article 2 (Applicability to Consultation with the Minister of Security and Public Administration)
The amended provisions of Article 3 (3) shall begin to apply where open positions are designated (including change of or release from such designation) after the enforcement date specified in the proviso of Article 1 of the Addenda. Article 3 (Applicability to Change in Appointment Procedures for Open Positions and Publicly-Recruited Positions)
The amended provisions of Articles 21 (3) and (5) and 23 shall begin to apply where an examination for appointment to an open position or publicly-recruited position is publicly announced after this Decree enters into force.
ADDENDUM <Presidential Decree No. 24894, Dec. 4, 2013>
This Decree shall enter into force on December 12, 2013.
ADDENDA <Presidential Decree No. 25437, Jul. 1, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Change of Period of Appointment to Open Positions)
The amended provisions of the proviso of Article 9 (1) and the proviso of Article 9 (2) shall begin to apply to public officials in a fixed term position appointed to an open position for which a selection examination is publicly announced after this Decree enters into force. Article 3 (Transitional Measures concerning Change in Appointment Procedures for Open Positions)
Notwithstanding the amended provisions of Articles 5, 6, and 7 (2) through (4), the previous provisions shall apply to the appointment procedures, etc. where examinations for appointment to open positions were publicly announced before this Decree enters into force.
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 by Article 5 of this Addenda, the amended provisions of the Presidential Decree which were promulgated before this Decree enters into force but the enforcement dates of which has yet to arrive, shall enter into force on the enforcement dates of the respective Decrees. Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 25861, Dec. 16, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 26401, Jul. 13, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Public Officials in Fixed Term Positions Appointed to Same Open Positions through Competitive Recruitment for Career Service Positions)
The amended provisions of Article 9 (3) shall also apply to public officials in fixed term positions who have been appointed to open positions before this Decree enters into force. Article 3 (Transitional Measures concerning Open Recruitment through Selection Examinations for Open Positions)
Notwithstanding the amended provisions of Article 5 (2), the pervious provisions shall apply to open positions selection examinations for appointment to which were publicly announced before this Decree enters into force, and the open recruitment procedures for which are in progress.
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. 30076, Sep. 10, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Appointment of Public Official in Fixed Term Position to Same Open Position as Public Official in General Service)
The amended provisions of Article 9 (1) and (3) shall also apply to public officials in fixed term positions appointed to open positions before this Decree enters into force. Article 3 (Transitional Measures concerning Procedures for Appointment to Open Career Service Positions)
Notwithstanding the amended provisions of Article 7 (1) and (2), the previous provisions shall apply to open career service positions, to which selection examinations for the appointment have been publicly announced under Article 21 (2) or (3) before this Decree enters into force.
ADDENDA <Presidential Decree No. 31009, Sep. 8, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Appointment of Public Official in Fixed Term Position to Higher Class than Same Open Position)
The amended provisions of the proviso of Article 8 (3) and Article 9 (4) and (5) shall also apply to a public official in a fixed term position who has been appointed to an open position before this Decree enters into force. Article 3 (Applicability to Exclusion of, Challenge to, or Recusal of, Member of Selection Examination Committee)
The amended provisions of Article 6 (4) through (6) shall also apply to selection examinations for open positions which have been publicly announced before this Decree enters into force and are to be conducted after this Decree enters into force. Article 4 (Transitional Measures concerning Composition of Members of Selection Examination Committee)
Notwithstanding the amended provisions of Article 6 (2), the previous provisions shall apply to publicly-recruited positions publicly announced pursuant to Article 21 (2) before this Decree enters into force. Article 5 (Transitional Measures concerning Public Announcement of Examinations for Open Positions and Publicly-Recruited Positions)
Notwithstanding the amended provisions of Article 21 (3), the previous provisions shall apply to positions public announced pursuant to Article 21 (2) or (4) before this Decree enters into force.
ADDENDA <Presidential Decree No. 32172, Nov. 30, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 13, 2022. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 33203, Jan. 3, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 5 (1), Article 11 (1), Article 15 (1), and the main clause of Article 16 (1) shall enter into force on the date of the promulgation. Article 2 (Applicability to Expansion of Requirements for Transference During the Period of Appointment of Public Official in Career Service at Time of Appointment to Open Position)
The amended provisions of Article 11 (1) shall also apply to public officials in career service appointed to open positions before this Decree enters into force. Article 3 (Transitional Measures concerning Qualifications to Take Selection Examinations for Open Positions)
Notwithstanding the amended provisions of Article 5, the previous provisions shall apply to the qualifications, publicly announced before this Decree enters into force, to take selection examinations for open positions. Article 4 (Transitional Measures concerning Qualifications to Take Selection Examinations for Publicly-Recruited Positions)
Notwithstanding the amended provisions of Articles 15 (2) 2 and 17 (1) and (3), the previous provisions shall apply to the qualifications for application and the procedures and methods for appointment where selection examinations for appointment to publicly-recruited positions were publicly announced before this Decree enters into force.