DECREE ON DISCIPLINARY ACTION AGAINST PUBLIC OFFICIALS
Wholly Amended by Presidential Decree No. 5046, jun. 15, 1970
Amended by Presidential Decree No. 5944, Dec. 31, 1971
Presidential Decree No. 6652, Apr. 27, 1973
Presidential Decree No. 8108, May 7, 1976
Presidential Decree No. 10101, Dec. 18, 1980
Presidential Decree No. 10339, jun. 9, 1981
Presidential Decree No. 11604, Dec. 31, 1984
Presidential Decree No. 11837, Dec. 31, 1985
Presidential Decree No. 12363, Dec. 31, 1987
Presidential Decree No. 13413, Jul. 1, 1991
Presidential Decree No. 15609, Jan. 16, 1998
Presidential Decree No. 16784, Apr. 18, 2000
Presidential Decree No. 17669, Jul. 13, 2002
Presidential Decree No. 19683, Sep. 22, 2006
Presidential Decree No. 19885, Feb. 12, 2007
Presidential Decree No. 20470, Dec. 28, 2007
Presidential Decree No. 20741, Feb. 29, 2008
Presidential Decree No. 21087, Oct. 20, 2008
Presidential Decree No. 21351, Mar. 18, 2009
Presidential Decree No. 22199, jun. 15, 2010
Presidential Decree No. 22373, Sep. 10, 2010
Presidential Decree No. 22633, Jan. 24, 2011
Presidential Decree No. 23807, May 23, 2012
Presidential Decree No. 24080, Sep. 5, 2012
Presidential Decree No. 24425, Mar. 23, 2013
Presidential Decree No. 24556, May 31, 2013
Presidential Decree No. 24925, Dec. 11, 2013
Presidential Decree No. 25000, Dec. 16, 2013
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 26478, Aug. 3, 2015
Presidential Decree No. 26568, Sep. 25, 2015
Presidential Decree No. 26656, Nov. 18, 2015
Presidential Decree No. 27607, Nov. 22, 2016
Presidential Decree No. 27787, Jan. 10, 2017
Presidential Decree No. 28890, May 15, 2018
Presidential Decree No. 29697, Apr. 16, 2019
Presidential Decree No. 30017, Aug. 6, 2019
Presidential Decree No. 30878, Jul. 28, 2020
Presidential Decree No. 32164, Nov. 30, 2021
Presidential Decree No. 33204, Jan. 3, 2023
Presidential Decree No. 33803, Oct. 10, 2023
The purpose of this Decree shall be to prescribe the matters necessary to take disciplinary actions against public officials and to impose disciplinary additional charges pursuant to Chapter 10 of the State Public Officials Act. [This Article Newly Inserted on Dec. 11, 2013]
[Previous Article 1 moved to Article 1-2 <Dec. 11, 2013>]
| Article 1-2 (Scope of Application) |
Except as otherwise provided in other statutes or regulations, this Decree shall govern disciplinary actions taken against and disciplinary additional charges imposed on public officials in career service under the jurisdiction of the executive branch and on public officials in extraordinary civil service (hereinafter referred to as “public officials”) to whom Chapter 10 of the State Public Officials Act (hereinafter referred to as the “Act”) applies mutatis mutandis. <Amended on Jun. 15, 2010; Dec. 11, 2013> [This Article Wholly Amended on Mar. 18, 2009]
[Moved from Article 1, previous Article 1-2 moved to Article 1-3 <Dec. 11, 2013>]
| Article 1-3 (Definitions) |
The terms used in this Decree are defined as follows:
| 1. | The term “severe disciplinary action” means removal, dismissal, demotion, or suspension from office; |
| 2. | The term “moderate disciplinary action” means salary reduction or censure. |
[This Article Wholly Amended on Mar. 18, 2009]
[Moved from Article 1-2 <Dec. 11, 2013>]
| Article 2 (Kinds and Jurisdictions of Disciplinary Committees) |
| (1) | The disciplinary committees shall be classified into a central disciplinary committee and a general disciplinary committee. |
| (2) | The Central Disciplinary Committee shall deliberate on and adopt resolutions in cases concerning any of the following disciplinary action, or cases concerning a disciplinary additional charge that may be concurrently imposed with disciplinary action under Article 78-2 of the Act (hereinafter referred to as a “disciplinary additional charge”): <Amended on Jun. 15, 2010; Dec. 11, 2013; Dec. 16, 2013; Jan. 10, 2017> |
| 1. | Cases concerning disciplinary action or a disciplinary additional charge (hereinafter referred to as “disciplinary action, etc.”) against or on a member of the Senior Executive Service; |
| 1-2. | Cases concerning disciplinary action, etc. against any of the following public officials (hereinafter referred to as “public official of at least Grade Ⅴ or equivalent rank”): |
| (a) | A public official of at least Grade Ⅴ; |
| (b) | A professional experience official who belongs to Group A; |
| (c) | A senior researcher and a senior technical advisor; |
| (d) | A public official of at least Grade II in postal service; |
| (e) | A public official in professional service with a fixed term of office (including a public official in professional service with a fixed term of office and selected working hours) who belongs to at least Group B; |
| (f) | A public official in extraordinary civil service who is paid a salary equivalent to that of a public official in general service of at least Grade Ⅴ; |
| (g) | A senior professional service official and professional service official; |
| 2. | Cases concerning disciplinary action, etc. against a public official in special service as to whom the Central Disciplinary Committee may adopt a resolution of disciplinary action, etc. pursuant to other statutes or regulations (hereinafter referred to as “resolution of disciplinary action, etc.”); |
| 3. | Cases concerning disciplinary action, etc. against any of the following public officials (hereinafter referred to as “public official of not less than Grade Ⅵ or equivalent rank”) as to whom the Prime Minister has required a resolution of disciplinary action, etc., based on the results of an inspection conducted pursuant to the order issued by the President or the Prime Minister: |
| (a) | A public official of not less than Grade VI; |
| (b) | A professional experience official who belongs to Group B or C; |
| (c) | A research official and a technical advisor; |
| (d) | A public official of not less than Grade III in postal service; |
| (e) | A public official in professional service with a fixed term of office (including a public official in professional service with selected working hours) who belongs to not less than Group C; |
| (f) | A public official in temporary service with a fixed term of office; |
| (g) | A public official in extraordinary civil service who is paid a salary equivalent to that of a public official in general service of not less than Grade VI; |
| 4. | Cases concerning the request of severe disciplinary action or a disciplinary additional charge that may be concurrently imposed with severe disciplinary action (hereinafter referred to as “severe disciplinary action, etc.”) against or on a public official of not less than Grade VI or equivalent rank who belongs to a central administrative agency. |
| (3) | A general disciplinary committee shall deliberate on and adopt resolutions in cases concerning disciplinary action, etc. (excluding a case concerning disciplinary action, etc. under paragraph (2) 3) of a public official of not less than Grade VI or equivalent rank. <Amended on Jun. 15, 2010; Dec. 11, 2013> |
| (4) | Cases concerning the request of severe disciplinary action, etc. against a public official of not less than Grade VI or equivalent rank shall be deliberated on and resolved by a disciplinary committee established in the central administrative agency: Provided, That this shall not apply where such case falls under the jurisdiction of the Central Disciplinary Committee pursuant to paragraph (2) 3 or 4. <Amended on Jun. 15, 2010; Dec. 11, 2013; Aug. 3, 2015> |
| (5) | Where with respect to any case concerning disciplinary action, etc. involving at least two public officials, disciplinary committees having jurisdiction over them are different from each other, notwithstanding the provisions of paragraphs (2) through (4), the general disciplinary committee (the Central Disciplinary Committee where the said relevant public officials falls under the jurisdiction of the Central Disciplinary Committee) established under the highest agency among (the higher agency between) those disciplinary committees which have jurisdiction over any of the relevant public officials) shall, deliberate on and adopt a resolution on the said case, while if those competent disciplinary committees are on the same level, the general disciplinary committee established under the agency immediately higher than the agencies under which the former committees are established (if such immediately higher agencies of the latter agencies differ from each other, the disciplinary committee established under the agency which is two levels higher than the latter agencies) shall deliberate on and adopt a resolution on the case: Provided, That where the disciplinary committee having jurisdiction over the said case deems that it is reasonable to separately deliberate on and pass resolutions on the cases concerning disciplinary actions, etc. against the relevant public officials, it may, in accordance with its resolution, transfer those cases to the competent disciplinary committees under paragraphs (2) through (4). <Amended on Jun. 15, 2010> |
[This Article Wholly Amended on Mar. 18, 2009]
| Article 3 (Establishment of Disciplinary Committees) |
| (1) | The Central Disciplinary Committee shall be established under the authority of the Prime Minister. |
| (2) | A general disciplinary committee shall be established under a central administrative agency: Provided, That where the head of a central administrative agency deems it necessary, he or she may also establish it under an administrative agency affiliated therewith. <Amended on Dec. 11, 2013; Aug. 3, 2015> |
| (3) | When establishing a general disciplinary committee under an administrative agency affiliated pursuant to the proviso of paragraph (2), the head of a central administrative agency shall determine matters necessary for the operation, etc. thereof in advance. <Newly Inserted on May 15, 2018> |
| (4) | A general disciplinary committee may adjust the scope of jurisdiction so that public officials (including a member of the Senior Executive Service) whose grade is higher than that of a public official subject to disciplinary action, etc. may become the members thereof. In such cases, a public official subject to disciplinary action, etc. who is excluded from the scope of jurisdiction shall be subject to the jurisdiction of the disciplinary committee which is established under a immediately higher supervisory organ. <Amended on Jun. 15, 2010> |
[This Article Wholly Amended on Mar. 18, 2009]
| Article 4 (Composition of Central Disciplinary Committee) |
| (1) | The Central Disciplinary Committee shall be composed of at least 17, but up to 33 persons of public official members and civilian members, including one chairperson. In this case, the number of civilian members shall be at least 1/2 of the number of all the members, excluding the chairperson. <Amended on Nov. 19, 2014> |
| (2) | Persons who are in positions determined by the Prime Minister among the following positions shall be public official members: <Amended on Aug. 3, 2015> |
| 1. | A position falling under group A of class of duties under Article 8 (2) of the Regulations on Duty Analysis, among positions for the Senior Civil Service Corps; |
| 2. | A position for which a public official in special service equivalent to that falling under subparagraph 1 is eligible. |
| (3) | The Prime Minister shall commission civilian members from among the following persons; in such cases, the number of members with a certain gender shall not exceed 6/10 of the total number of civilian members: <Amended on Aug. 3, 2015; Nov. 30, 2021> |
| 1. | Persons whose term of service as judge, prosecutor, or attorney-at-law is at least ten years; |
| 2. | Persons who hold a post as associate professor or higher in charge of teaching law or public administration at college or university; |
| 3. | Persons who retired after having held a position as a public official qualified to be appointed as a member of the Central Disciplinary Committee; |
| 4. | Persons who have experience of working as executive officers at the private sector taking the responsibility for the personnel or audit affairs or in positions corresponding thereto. |
| (4) | The Minister of Public Management shall be the chairperson of the Central Disciplinary Committee. <Amended on Nov. 19, 2014> |
| (5) | A meeting of the Central Disciplinary Committee shall be formed by the chairperson and eight members designated by the chairperson for each meeting. In such cases, at least five civilian members referred to in paragraph (3) shall be included, and the members of the meeting shall not be designated only from civilian members with the same qualifications, among persons specified in the subparagraphs of paragraph (3). <Amended on Aug. 3, 2015; Jul. 28, 2020; Jan. 3, 2023> |
| (6) | In cases falling under the former part of paragraph (5), a majority of a meeting of the Central Disciplinary Committee to which a case for request of re-examination under Article 82 (2) 1 of the Act is assigned shall be comprised of members who have not participated in the initial deliberation and resolution, excluding the chairperson. <Newly Inserted on Jan. 3, 2023> |
| (7) | Where a meeting of the Central Disciplinary Committee to which any of the following disciplinary cases is assigned is held on the grounds for disciplinary action, members whose gender is the same as that of the victim shall consist of at least 1/3 of the number of members, excluding the chairperson: <Newly Inserted on Jul. 28, 2020; Jan. 3, 2023> |
[This Article Wholly Amended on May 31, 2013]
| Article 5 (Composition of General Disciplinary Committees) |
| (1) | A general disciplinary committee shall be composed of one chairperson and at least nine but up to fifteen public officials and civilian members. In this regard, the number of civilian members shall be at least 1/2 of the number of the committee members, excluding one chairperson. |
| (2) | The chairperson of a general disciplinary committee shall be a person whose rank is immediately lower than the head of an agency under which that committee is established (the rank shall be decided on the basis of the class, but if at least two persons belong to the same class, the rank shall be decided on the basis of the order of the positions prescribed in any Act or subordinate legislation establishing those positions): Provided, That the chairperson of a general disciplinary committee established under a central administrative agency may be appointed by the head of the central administrative agency from among the persons who are in positions for the Senior Executive Service or equivalent positions for which public officials in special service are eligible. |
| (3) | Public official members of a general disciplinary committee shall be appointed by the head of the relevant agency from persons of higher ranks than the person subject to disciplinary action, etc. (including a member of the Senior Executive Service), and unless there exists any special cause not to do so, shall be appointed in descending rank order beginning from the highest-ranking person. |
| (4) | The head of an administrative agency under which a general disciplinary committee is established shall commission civilian members from among any of the following persons; in such cases, the number of members with a certain gender shall not exceed 6/10 of the total number of civilian member: <Amended on May 15, 2018; Nov. 30, 2021> |
| 1. | Persons whose term of service as judge, prosecutor, or attorney-at-law is at least five years; |
| 2. | Persons who hold a post as assistant professor or higher in charge of teaching law or public administration at college or university; |
| 3. | Persons who retired after having served as a public official for not less than 20 years [referring to a person whose retirement date has been three years where he or she had belonged to a central administrative agency (including an agency affiliated therewith) or an affiliated agency (including an affiliated central administrative agency or an affiliated agency affiliated with an affiliated central administrative agency) from five years before the retirement to the date of the retirement]; |
| 4. | Persons who have experience of working as executive officers at the private sector taking the responsibility for the personnel or audit affairs or in positions corresponding thereto. |
| (5) | Meetings of a general disciplinary committee shall be formed by the chairperson and six members designated by the chairperson for each meeting. In such cases, at least four civilian members referred to in paragraph (4) shall be included, and the members of meetings shall not be designated only from civilian members who satisfy the same qualification requirements among the persons referred to in the subparagraphs of paragraph (4). <Amended on Jan. 3, 2023> |
| (6) | Where grounds for disciplinary actions constitute a meeting of a general disciplinary committee to which any of the following disciplinary cases is assigned, at least 1/3 of the number of members of the committee excluding the chairperson shall include members of the same gender as the victim: <Newly Inserted on Jul. 28, 2020> |
[This Article Wholly Amended on Nov. 18, 2015]
| Article 5-2 (Term of Office of Members) |
The members commissioned pursuant to Articles 4 (3) and 5 (4) shall hold office for a term of three years and may be appointed for one further term only. <Amended on May 31, 2013; Nov. 18, 2015> [This Article Newly Inserted on Jan. 24, 2011]
| Article 5-3 (Dismissal of Members) |
Where a member of a disciplinary committee falls under any of the following cases, the Prime Minister (limited to cases of members commissioned under Article 4 (3)) or the head of an administrative agency (limited to cases of members commissioned under Article 5 (4)) under whom a general disciplinary committee is established may dismiss such member from his or her office: Provided, That a member who falls under subparagraph 4 shall be dismissed: | 1. | Where he or she becomes incapable of performing his or her duties due to mental disorder; |
| 2. | Where he or she commits any misconduct in connection with his or her duties; |
| 3. | Where he or she is deemed unsuitable for a member due to delinquency of duties, injury to dignity, or any other reason; |
| 4. | Where he or she fails to refrain himself or herself despite that he or she falls under a case set forth in Article 15 (1); |
| 5. | Where he or she voluntarily confesses that it is difficult for him or her to perform his or her duties. |
[This Article Newly Inserted on Nov. 18, 2015]
| Article 6 (Staff Members of Disciplinary Committee at Each Level) |
| (1) | There shall be assigned several administrative secretaries in the disciplinary committee at each level. |
| (2) | The administrative secretaries of the Central Disciplinary Committee shall be appointed by the Minister of Public Management from among public officials of at least Grade V (including members of the Senior Executive Service). <Amended on Mar. 23, 2013; Nov. 19, 2014> |
| (3) | The administrative secretaries of a general disciplinary committee shall be appointed by the head of a relevant agency from among public officials in general service who belong to that agency (referring to foreign service officials in cases of the Ministry of Foreign Affairs and its affiliated agencies). <Amended on Mar. 23, 2013> |
| (4) | Administrative secretaries shall, upon the order of the chairperson, be engaged in affairs of preparing and retaining the records of disciplinary actions, etc. and other documents. <Amended on Jun. 15, 2010> |
[This Article Wholly Amended on Mar. 18, 2009]
| Article 7 (Requests for Resolution of Disciplinary Action) |
| (1) | Pursuant to Articles 78 (1) and (4) and 78-2 (1) of the Act, in terms of a public official of at least Grade Ⅴ or equivalent rank (including a member of the Senior Executive Service), the competent Minister shall request the relevant competent disciplinary committee to adopt a resolution of disciplinary action, etc., and with regard to a public official of not less than Grade Ⅵ or equivalent rank, the head of the competent agency to which the relevant public official belongs or the head of the competent higher agency thereto shall do so: Provided, That with respect to a public official who takes plural offices, the head of the agency in which he or she conducts his or her main duties shall request the competent committee to adopt a resolution of disciplinary action, etc. <Amended on Jun. 15, 2010; Dec. 11, 2013> |
| (2) | Where the head of an administrative agency deems any cause for disciplinary action, etc. exists against a public official against whom such head has no authority to request a resolution of disciplinary action, etc. under paragraph (1), he or she shall provide notification of such fact to the head of an administrative agency having the authority to request a resolution of disciplinary action, etc. against that public official, along with following materials evidencing the cause for the disciplinary action, etc.: <Amended on Jun. 15, 2010> |
| 1. | For cases investigated by the Board of Audit and Inspection: Investigation records, including a written request for disciplinary action or a disciplinary additional charge against or on such public official, and written questions and answers, and written verification as to the person suspected to be subject to the disciplinary action, etc. and relevant persons; |
| 2. | For cases investigated by a criminal investigation agency: Investigation records, including a written notification of disposition on a crime committed by such public official, a bill of indictment, and a protocol of examination and a written statement as to the person suspected to be subject to disciplinary action, etc., relevant persons, and relevant witnesses; |
| 3. | For cases investigated by any other agency: a written notification of the facts of suspicion that would leading to disciplinary action, etc., and documents evidencing such facts of suspicion. |
| (3) | The head of the administrative agency which has been notified of the cause for disciplinary action, etc. pursuant to paragraph (2) shall, unless there is any reasonable ground not to do so, request the competent disciplinary committee to adopt a resolution of disciplinary action, etc., within one month. <Amended on Jun. 15, 2010> |
| (4) | The head of the agency who has requested a resolution of disciplinary action, etc. pursuant to paragraph (3) shall provide notification of the results of handling the relevant case to the head of the agency who has notified the cause for disciplinary action, etc. pursuant to paragraph (2). <Amended on Jun. 15, 2010> |
| (5) | Where the head of an administrative agency (excluding the head of a central administrative agency) under which a general disciplinary committee is established deems that the content of any cause for disciplinary action, etc. is severe, or that the disciplinary committee established under such agency would be likely to adopt a unfair resolution, he or she may request the general disciplinary committee established under the immediately higher administrative agency to adopt a resolution of disciplinary action, etc. <Amended on Jun. 15, 2010> |
| (6) | Where requesting a resolution of disciplinary action, etc. pursuant to paragraphs (1), (3), and (5), the following relevant materials necessary for evidencing the cause for disciplinary action, etc. shall be submitted to the competent disciplinary committee after making sufficient investigations into such cause, and such request shall be made, specifying whether the requested disciplinary action is a severe disciplinary action or a moderate disciplinary action: Provided, That the foregoing shall not apply where the chair of the Board of Audit and Inspection of Korea requires a disciplinary action, specifying the type of disciplinary action prescribed in Article 79 of the State Public Officials Act, pursuant to Article 32 (1) and (10) of the Act on the Board of Audit and Inspection: <Amended on Jun. 15, 2010; Nov. 18, 2015; Apr. 16, 2019> |
| 1. | A written request for a resolution of disciplinary action, etc. against a public official, which is shown in attached Form 1; |
| 2. | Work products of personnel and performance records of the relevant public official; |
| 3. | A written confirmation prescribed by Ordinance of the Prime Minister with respect to the following: |
| (b) | Matters regarding the meritorious service, etc. of the person suspected to be subject to disciplinary action, etc.; |
| (c) | Other matters deemed necessary by the Minister of Personnel Management for requesting a resolution of disciplinary resolution, etc.; |
| 4. | Relevant evidential materials, such as official documents, which evidencing the facts of suspicion; |
| 5. | Records of examination or records of investigation regarding the facts of suspicion; |
| 6. | Measures taken against any relevant person and evidential materials therefor; |
| 7. | Abstracts of relevant laws and regulations, instruction documents, etc.; |
| 8. | Where the cause for disciplinary action, etc. constitutes any of the following, an expert opinion in attached Form 1-3 prepared by a mental health doctor, psychologist, a social welfare scholar, or other relevant experts: |
| (7) | A person having the authority to request a resolution of disciplinary action, etc. shall, when requesting such resolution, serve a copy of the written request for a resolution of disciplinary action, etc. against a public official under paragraph (6), on a person suspected to be subject to disciplinary action, etc.: Provided, That the foregoing shall not apply where the person suspected to be subject to disciplinary action, etc. refuses to receive service of the said copy. <Amended on Jun. 15, 2010> |
| (8) | The person having the authority to request a resolution of disciplinary action, etc. shall, where a person suspected to be subject to disciplinary action, etc. refuses to receive service of a copy of the written request of a resolution of disciplinary action, etc., notify the competent disciplinary committee of such fact in writing, along with the documents substantiating it. <Amended on Jun. 15, 2010> |
[This Article Wholly Amended on Mar. 18, 2009]
[Title Amended on Jun. 15, 2010]
| Article 8 (Request of the Prime Minister for Resolution of Disciplinary Action, etc.) |
| (1) | Notwithstanding the provisions of Article 7 (1) through (3), the Prime Minister may directly request the competent disciplinary committee to adopt a resolution of disciplinary action, etc. against a public official deemed to have a cause for disciplinary action, etc., as a result of the inspection conducted pursuant to the order issued by the President or the Prime Minister. <Amended on Jun. 15, 2010> |
| (2) | In the case of requesting the resolution of disciplinary action, etc. pursuant to paragraph (1), the Prime Minister shall notify the fact to the head of the central administrative agency to which the relevant public official belongs. <Amended on Jun. 15, 2010> |
| (3) | Where it is deemed inappropriate to directly request a resolution of disciplinary action, etc. pursuant to paragraph (1), the Prime Minister shall notify the cause for disciplinary action, etc. to the head of the central administrative agency to which the relevant public official belongs. <Amended on Jun. 15, 2010> |
| (4) | The head of the administrative agency who has been notified of the cause for disciplinary action, etc. pursuant to paragraph (3) shall, without delay, request the competent disciplinary committee to adopt a resolution of disciplinary action, etc. and shall report the results of handling the relevant case to the Prime Minister. <Amended on Jun. 15, 2010> |
[This Article Wholly Amended on Mar. 18, 2009]
[Title Amended on Jun. 15, 2010]
| Article 8-2 (Decision on Whether to Proceed with Disciplinary Action) |
| (1) | Upon receipt of the notification of the initiation of investigation pursuant to Article 83 (3) of the Act, the head of an administrative agency shall, without delay, decide on whether to request a resolution of disciplinary action, etc. or whether to proceed with other procedures for disciplinary action, etc. In such cases, where the head of the administrative agency decides not to proceed with the procedures pursuant to paragraph (2) of that Article, he or she shall notify such fact to the person suspected to be subject to disciplinary action, etc. |
| (2) | The notification under the latter part of paragraph (1) shall be given in attached Form 1-4. |
[This Article Wholly Amended on Oct. 10, 2023]
| Article 9 (Deadline for Resolution of Disciplinary Action, etc.) |
| (1) | A disciplinary committee shall adopt a resolution of disciplinary action, etc. within 30 days (60 days in cases of the Central Disciplinary Committee) from the date of receipt of a written request for a resolution of disciplinary action, etc.: Provided, That where any unavoidable cause exists, the deadline may be postponed by up to 30 days (60 days in the case of the Central Disciplinary Committee) by resolution of the relevant disciplinary committee. <Amended on Jun. 15, 2010> |
| (2) | Where the progress of the proceedings for disciplinary action, etc. concerning any case where a resolution of disciplinary action, etc. was requested has been interrupted pursuant to Article 83 of the Act, the interrupted period shall not be included in calculating such periods referred to in paragraph (1). <Amended on Jun. 15, 2010> |
[This Article Wholly Amended on Mar. 18, 2009]
[Title Amended on Jun. 15, 2010]
| Article 10 (Attendance of Person Suspected to Be Subject to Disciplinary Action, etc.) |
| (1) | When ordering the attendance of a person suspected to be subject to disciplinary action, etc., a relevant disciplinary committee shall serve a written notification of attendance in attached Form 2 and shall have the person suspected to be subject to the disciplinary action, etc., receive it three days prior to the date of the relevant meeting. In this case, a copy of a written notification of attendance shall be served on the head of the agency to which the person suspected to be subject to the disciplinary action, etc., belongs and the said head shall require him or her to attend the disciplinary committee, except where the disciplinary committee serves the written notification of attendance on the head of the agency to which the person suspected to be subject to the disciplinary action, etc. belongs so as to deliver it to him or her pursuant to paragraph (2), and the said head of the agency shall have the person suspected to be subject to the disciplinary action, etc. to attend a meeting of the disciplinary committee. <Amended on Jun. 15, 2010> |
| (2) | Where the disciplinary committee deems it is impractical to directly serve a written notification of attendance under paragraph (1) on the person suspected to be subject to disciplinary action, etc. because his or her address is unknown or due to any other cause, it may serve such notification on the head of the agency to which the person suspected to be subject to the disciplinary action, etc. belongs so as to deliver such notification to him or her. In this case, the head of the agency, in receipt of such notification, shall deliver such notification to the person suspected to be subject to disciplinary action, etc. and inform the competent disciplinary committee of the delivery status without delay. <Amended on Jun. 15, 2010> |
| (3) | Where the person suspected to be subject to disciplinary action, etc. does not wish to appear before the disciplinary committee to make a statement, the disciplinary committee may require him or her to submit the document for relinquishing the right to appear and make a statement, attach it to the relevant record, and adopt a resolution of disciplinary action, etc. only based on documentary examination. <Amended on Jun. 15, 2010; Oct. 10, 2023> |
| (4) | Where the person suspected to be subject to disciplinary action, etc. fails to submit a written explanation justifying his or her relevant act, the disciplinary committee may, after recording such fact, adopt a resolution of disciplinary action, etc., on the basis of documentary examination, considering that he or she does not wish to appear before the disciplinary committee. <Amended on Jun. 15, 2010> |
| (5) | Where the person suspected to be subject to disciplinary action, etc. is unable to appear before the disciplinary committee within 50 days from the date of receipt of a written request for a resolution of disciplinary action, etc., due to overseas stay, detention after a criminal case, or any other cause, the disciplinary committee may allow him or her to make a written statement and then adopt a resolution of disciplinary action, etc. In this case, if he or she fails to make a written statement, the disciplinary committee may pass a resolution of disciplinary action, etc. without his or her statement. <Amended on Jun. 15, 2010> |
| (6) | Where the whereabouts of the person suspected to be subject to the disciplinary action, etc. is unknown, a written notification of attendance shall be made through the Official Gazette. In such cases, the written notification of attendance shall be deemed served when 10 days have elapsed since the date of its publication in the Official Gazette. <Amended on Jun. 15, 2010> |
| (7) | Where the person suspected to be subject to disciplinary action, etc. refuses to receive service of a written notification of attendance, he or she shall be deemed to relinquish the right to appear before the disciplinary committee to make a statement: Provided, That the person suspected to be subject to disciplinary action, etc. may appear before the relevant disciplinary committee to make a statement, even though he or she has refused to receive service of a written notification of attendance. <Amended on Jun. 15, 2010; Oct. 10, 2023> |
| (8) | Where the head of the agency to which the person suspected to be subject to the disciplinary action, etc. belongs delivers a written notification of attendance to the person pursuant to the former part of paragraph (2), if he or she refuses to receive delivery thereof, the said head shall attach the document proving the fact of refusing the receipt thereof when notifying the delivery status of the written notification of attendance pursuant to the latter part of paragraph (2). <Amended on Jun. 15, 2010> |
[This Article Wholly Amended on Mar. 18, 2009]
[Title Amended on Jun. 15, 2010]
| Article 11 (Interrogation and Right to Make Statements) |
| (1) | A disciplinary committee shall interrogate a person suspected to be subject to disciplinary action, etc. who appears before the committee pursuant to Article 10 (1) with respect to the alleged facts of suspicion, and may then, if deemed necessary, demand relevant persons to attend a meeting of the committee and interrogate them. <Amended on Jun. 15, 2010> |
| (2) | A disciplinary committee shall grant a person suspected to be subject to disciplinary action, etc. opportunities to make a full statement, and the person suspected to be subject to the disciplinary action, etc. may make a statement, with written opinion of attached Form 2-2 or verbally, on the facts favorable to him or her and present any evidence favorable to him or her. <Amended on Jun. 15, 2010; Aug. 6, 2019> |
| (3) | A person suspected to be subject to disciplinary action, etc. may request the examination of a witness. In this case, the disciplinary committee shall decide whether to call the witness. <Amended on Jun. 15, 2010> |
| (4) | A person who requests a resolution of disciplinary action, etc. or who files for an application therefor may attend a meeting of the disciplinary committee to state his or her opinion or present a written opinion to the committee: Provided, That in cases of requesting a severe disciplinary action, etc., such person shall attend a meeting of the disciplinary committee and state his or her opinion unless there is a compelling reason not to do so. <Amended on Jun. 15, 2010; Jul. 28, 2020> |
| (5) | A person who requests a resolution of disciplinary action, etc. shall notify the Board of Audit and Inspection of the date and venue of the disciplinary committee for a case for which he or she request removal, dismissal, demotion, or suspension from office under Article 32 (1) and (10) of the Board of Audit and Inspection Act. <Newly Inserted on May 15, 2018> |
| (6) | In receipt of the notification under paragraph (5), the Board of Audit and Inspection may request a public official of an affiliated agency to attend a relevant disciplinary committee from the competent disciplinary committee which shall decide to allow whether the public official attends. <Newly Inserted on May 15, 2018> |
[This Article Wholly Amended on Mar. 18, 2009]
| Article 11-2 (Victim’s Right to Make Statement) |
At the request of a victim of a case to request a severe disciplinary action etc., a disciplinary committee shall offer him or her an opportunity to attend the committee to make a statement on the relevant case: Provided, That the same shall not apply in the cases of the following;
| 1. | Where it is deemed that there is no need for making a statement again because a victim has made a full statement on the relevant case in the course of requesting a severe disciplinary action, etc.; |
| 2. | Where it is likely that the statement of a victim causes a process of a disciplinary committee considerably delayed. |
[This Article Newly Inserted on Apr. 16, 2019]
[Previous Article 11-2 moved to Article 11-3 <Apr. 16, 2019>]
| Article 11-3 (Preferential Examination) |
| (1) | A person having the authority to request a resolution of disciplinary action, etc. shall file an application for preferential examination (referring to an examination conducted in preference to other cases of disciplinary action, etc.; hereinafter the same shall apply) of a case of disciplinary action, etc. which is deemed to require prompt proceedings for disciplinary action, etc., with the competent disciplinary committee. <Amended on Nov. 30, 2021> |
| (2) | A person having the authority to request a resolution of disciplinary action, etc. shall file an application for preferential examination with the competent disciplinary committee with respect to cases of disciplinary action, etc. for which the date of retirement of a person suspected to be subject to disciplinary action, etc. is within two months, due to the expiration, etc. of the retirement age (including the retirement age on account of the period limit of a rank) or period of service. <Newly Inserted on Nov. 30, 2021> |
| (3) | If a person suspected to be subject to disciplinary action, etc. admits to all the facts of suspicion, he or she may file an application for preferential examination with the competent disciplinar committee. <Newly Inserted on Nov. 30, 2021> |
| (4) | A person who intends to apply for preferential examination pursuant to paragraphs (1) through (3) shall submit an application for preferential examination prescribed by Ordinance of the Prime Minister to the competent disciplinary committee. <Amended on Nov. 30, 2021> |
| (5) | Upon receipt of an application for preferential examination under paragraph (4), a disciplinary committee shall conduct a preferential examination of the relevant case of disciplinary action, etc. unless there is a compelling reason not to do so. <Amended on Nov. 30, 2021> |
[This Article Newly Inserted on Aug. 3, 2015]
[Moved from Article 11-2 <Apr. 16, 2019>]
| Article 12 (Resolutions of Disciplinary Committees) |
| (1) | A resolution of a disciplinary committee shall require the attendance of at least five members and the concurrent vote of a majority of the members present, and where opinions are divided, the opinion which falls under the number corresponding to the said majority by counting the number of opinions individually in order of least favorable to most unfavorable for a person suspected to be subject to disciplinary action, etc. shall be considered to be the agreed opinion. <Amended on Jun. 15, 2010> |
| (2) | The resolution under paragraph (1) shall be made in attached Form 3, a written resolution of disciplinary action, etc.; and the fact which constitutes the cause for disciplinary action, etc., judgment on the evidence, the relevant statutes or regulations, and the grounds for exemption from disciplinary action, etc., shall be specifically clarified in the column of reason of the said Form. <Amended on Jun. 15, 2010; Aug. 6, 2019> |
| (3) | The disciplinary committee may require its staff member to investigate relevant facts or request a person with special knowledge and experience in conducting an inspection or appraisal if deemed necessary. |
| (4) | If deemed necessary for its staff member to investigate relevant facts pursuant to paragraph (3), the disciplinary committee may order a person suspected to be subject to disciplinary action, etc. to appear before it or may request a person having the authority to request a resolution of disciplinary action, etc. to submit related data. <Amended on Jun. 15, 2010; Jan. 3, 2013> |
| (5) | Article 10 (1), (2) and (8) shall apply mutatis mutandis in cases of ordering the person suspected to be subject to disciplinary action, etc. to appear before a disciplinary committee pursuant to paragraph (4). <Amended on Jun. 15, 2010> |
| (6) | Notwithstanding paragraph (1), a disciplinary committee may pass a resolution in writing with regard to any of the following: <Newly Inserted on Jul. 28, 2020> |
| 1. | Matters regarding transfer of the jurisdiction over a case of disciplinary action, etc. referred to in the proviso of Article 2 (5); |
| 2. | Matters regarding the postponement of the deadline for a resolution of disciplinary action, etc. pursuant to the proviso of Article 9 (1). |
| (7) | Matters regarding the procedures, methods, etc. for a written resolution under paragraph (6) shall be determined by the Minister of Personnel Management. <Newly Inserted on Jul. 28, 2020> |
[This Article Wholly Amended on Mar. 18, 2009]
| Article 12-2 (Use of Remote Video Conference Methods) |
| (1) | The disciplinary committee may conduct deliberations and resolutions by means of a remote video conference attended by those who attend meetings pursuant to the Act and this Decree, such as persons suspected to be subject to disciplinary action, etc., persons who request a resolution on disciplinary action, etc., witnesses, and victims (hereafter in this paragraph referred to as "attendees"), at different places equipped with a device simultaneously transmitting and receiving video images and voice. In such cases, members of the disciplinary committee and attendees shall be deemed present at the same meeting place. |
| (2) | When deliberating and resolving on a case through a remote video conference pursuant to paragraph (1), the disciplinary committee shall take measures necessary for security to ensure that personal information of persons suspected to be subject to disciplinary action, etc. and victims, etc. and the details, results, etc. of the meeting are not divulged. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for operating remote video conferences shall be determined by the Minister of Personnel Management. |
[This Article Newly Inserted on Jul. 28, 2020]
| Article 13 (Duties of Chairperson) |
| (1) | The chairperson of a disciplinary committee shall represent the committee and administer its affairs. |
| (2) | The chairperson shall convene and preside over meetings of the disciplinary committee. |
| (3) | The chairperson has one vote. |
[This Article Wholly Amended on Mar. 18, 2009]
| Article 14 (Acting for Chairperson) |
Where the chairperson is unable to perform his or her duties due to any unavoidable reason, the member designated in advance by the chairperson, and thereafter other members in the order of priority of appointment shall act for the chairperson. <Amended on Nov. 19, 2014>
[This Article Wholly Amended on Mar. 18, 2009]
| Article 15 (Exclusion and Challenge) |
| (1) | Where any of the following cases is applicable to a member of a disciplinary committee, such member shall be excluded from deliberation and resolution on the the relevant case of disciplinary action, etc.: <Amended on Jan. 3, 2023> |
| 1. | Where a member is or was a relative of the person suspected to be subject to disciplinary action, etc.; |
| 2. | Where a member is an immediate superior of the person suspected to be subject to disciplinary action, etc. or was the person’s immediate superior during the period for which grounds for disciplinary action have occurred; |
| 3. | Where a member is involved in the grounds for the relevant case of disciplinary action, etc. |
| (2) | Where any reasonable ground exists to deem that the chairperson or a member would likely participate in passing an unfair resolution, the person suspected to be subject to disciplinary action, etc. may clarify the fact, in writing, to make a request for challenge to him or her. <Amended on Jun. 15, 2010> |
| (3) | The chairperson or a member of the disciplinary committee shall, where he or she falls under the cause under paragraph (1), voluntarily refrain from the deliberation and resolution on the relevant case of disciplinary action, etc., and may voluntarily refrain from them where he or she falls under paragraph (2). <Amended on Nov. 18, 2015> |
| (4) | Where a request for challenge has been filed pursuant to paragraph (2), a resolution on the challenge shall require the attendance of at least five members and the concurrent vote of a majority of the members present. In this case, the person to whom a request for challenge has been filed shall not participate in that resolution. <Amended on Jun. 15, 2010> |
| (5) | Where at least five members, including the chairperson, are unable to appear before a meeting in a general disciplinary committee due to any cause referred to in paragraphs (1) through (3), the said committee shall request the head of the agency under which it is established to appoint temporary members so the requisite quorum of at least five members may be formed the meeting. In this case, if it is impossible to appoint temporary members, the relevant request for a resolution on disciplinary action, etc. shall be deemed cancelled, and the said committee shall file an application for a resolution on disciplinary action, etc. to the head of a higher administrative organization. <Amended on Jun. 15, 2010> |
[This Article Wholly Amended on Mar. 18, 2009]
| Article 16 (Notification to the Board of Audit and Inspection) |
Where the head of the agency under which a disciplinary committee is established deems, as a result of deliberation and resolution on any case of disciplinary action, etc. in the said disciplinary committee, that the relevant public official has lost or destroyed any money or valuables, or other articles under custody for public service, he or she shall notify the Board of Audit and Inspection of the fact via the competent Minister or the head of the supervisory agency. <Amended on Jun. 15, 2010>
[This Article Wholly Amended on Mar. 18, 2009]
| Article 17 (Decision on Levels of Disciplinary Action, etc.) |
When a disciplinary committee adopts a resolution of disciplinary action, etc., it shall consider the position of the person suspected to be subject to disciplinary action, etc., the content of the request for disciplinary action, etc., the influence of the relevant misconduct in and out of public offices, the usual behaviors, meritorious service, the level of repentance, or other relevant circumstances. <Amended on Jun. 15, 2010; Jul. 28, 2020>
[This Article Wholly Amended on Mar. 18, 2009]
[Title Amended on Jun. 15, 2010]
| Article 17-2 (Disciplinary Additional Charges) |
| (1) | "Property profits prescribed by Presidential Decree" in Article 78-2 (1) 1 of the Act means any of the following profits: <Newly Inserted on Nov. 18, 2015> |
| 1. | All property profits, such as securities, lodging ticket, membership, entry ticket, discount ticket, invitation ticket, admission ticket, and right of using a real estate, etc.; |
| 2. | Provision of golf entertainment, etc. or of convenience such as transport and lodging; |
| 3. | Tangible or intangible economic profits, such as debt relief, provision of employment, and grant of rights and interests. |
| (2) | A disciplinary committee may, where it is requested to adopt a resolution of the imposition of a disciplinary additional charge pursuant to Article 78-2 (1) of the Act, pass a resolution of the imposition of a disciplinary additional charge within five times the amount of money or property profits (for property profits other than money, referring to an amount of property profits converted into money; hereinafter referred to as "amount of monetary misdeed, etc.") received or given for committing an act falling under any subparagraph of Article 78-2 (1) of the Act. <Amended on Nov. 18, 2015> |
| (3) | Where a disciplinary committee adopts a resolution of the imposition of a disciplinary additional charge, adjusting the disciplinary additional charge pursuant to Article 78-2 (2) of the Act because the relevant person suspected to be subject to disciplinary action, etc. has been sentenced to criminal punishment or has fulfilled his or her liability for reimbursement or any other liability (including cases where he or she has been subjected to confiscation or additional collection) under any other statute, or has paid an amount recoupable or additional amount required to be collected in accordance with the procedures for recoupment or collection of an additional amount under any other statute or regulation for committing an act falling under any subparagraph of Article 78-2 (1) of the Act before the disciplinary committee adopts the resolution of the imposition of the disciplinary additional charge, the aggregate of both the amount fined, reimbursed, confiscated, recouped, or additionally charged and collected, and the amount of the disciplinary additional charge shall not exceed five times the amount of monetary misdeed, etc.. <Amended on Nov. 18, 2015> |
| (4) | A person having the authority to request a resolution of disciplinary action, etc. shall request the relevant disciplinary committee to pass a resolution of the reduction of or exemption from an disciplinary additional charge within 30 days from the date any of the following causes occurs, and shall, at the same time, serve the person suspected to be subject to disciplinary action, etc. a copy of the written request for reduction of or exemption from an disciplinary additional charge in attached Form No. 3-2: Provided, That the foregoing shall not apply where the person suspected to be subject to disciplinary action, etc. refuses to receive service of the said copy: <Amended on Nov. 18, 2015> |
| 1. | Where a person against whom a resolution of the imposition of a disciplinary additional charge has been passed files an application for a resolution of the reduction of or exemption from the disciplinary additional charge to the person having the authority to request a resolution of disciplinary action, etc. within 60 days from the date the judgment of a court (including a judgment on confiscation and/or additional collection) becomes final and decisive, or the date the liability, etc. for reimbursement is fulfilled, or the date an amount recoupable or additional amount required to be collected is paid; |
| 2. | Where the person having the authority to request a resolution of disciplinary action, etc. comes to know that the judgment of a court (including a judgment on confiscation and/or additional collection) against a person against whom a resolution of the imposition of a disciplinary additional charge has been passed has become final and decisive, or that the liability, etc. for reimbursement has been fulfilled, or that an amount recoupable or additional amount required to be collected is paid. |
| (5) | Where a resolution of the reduction of or exemption from a disciplinary additional charge is requested pursuant to paragraph (4), the disciplinary committee shall, pursuant to Article 78-2 (3) of the Act, adopt a resolution of the reduction of or exemption from the disciplinary additional charge on the condition that the aggregate of both the amount fined, reimbursed, confiscated, additionally collected, recouped, or additionally charged and collected, and the amount of the disciplinary additional charge, does not exceed five times the amount of monetary misdeed, etc. In this case, Article 9 (1) shall apply mutatis mutandis to the deadline for a resolution of the reduction of or exemption from the disciplinary additional charge. |
| (6) | Where it is impractical to apply paragraph (3) or (5) to a person suspected to be subject to disciplinary action, etc. or a person against whom a resolution of the imposition of a disciplinary additional charge has been passed because he or she has been sentenced to a penalty other than a fine (including where a fine is imposed concurrently), the disciplinary committee shall adopt a resolution, either adjusting the disciplinary additional charge or reducing or exempting the disciplinary additional charge, taking into comprehensive account the kinds of punishment, the sentence, and whether an actual penalty was declared, whether the suspension of execution or the suspension of sentence was declared, and so forth. |
[This Article Newly Inserted on Jun. 15, 2010]
| Article 17-3 (Criteria for Disciplinary Action) |
| (1) | Criteria for disciplinary action, imposition of disciplinary additional charge, mitigation of disciplinary action, etc. (hereinafter referred to as “criteria for disciplinary action, etc.") shall be determined by Ordinance of the Prime Minister. |
| (2) | The head of a central administrative agency may determine matters regarding disciplinary decision within the scope of criteria for disciplinary action, etc. under paragraph (1). In such cases, the head of a central administrative agency shall have consultation with the Minister of Personnel Management in advance. |
[This Article Newly Inserted on May 15, 2018]
| Article 18 (Notification of Resolutions) |
A disciplinary committee shall, in cases of having passed a resolution of disciplinary action, etc. (including a resolution of the reduction of or exemption from a disciplinary additional charge; the same shall apply hereinafter), notify, without delay, the fact to the person who has requested such resolution of disciplinary action, etc., attaching the authentic copy of the written resolution of disciplinary action, etc. or the authentic copy of the written resolution of the reduction of or exemption from the disciplinary additional charge in attached Form 3-3: Provided, That except where such disciplinary committee adopts a resolution of the removal or dismissal of a public official of at least Grade Ⅴ or equivalent rank (including a member of the Senior Executive Service), the disciplinary committee shall also notify the person having the authority to impose a disposition for disciplinary action of the result of a resolution of disciplinary action, etc., if the person who has requested the resolution of disciplinary action, etc. and the person having the authority to impose a disposition for disciplinary action, a disposition for a disciplinary additional charge, or disposition for the reduction of or exemption from a disciplinary additional charge (hereinafter referred to as “disposition for disciplinary action, etc.”) are mutually different. <Amended on Jun. 15, 2010; Dec. 11, 2013>
[This Article Wholly Amended on Mar. 18, 2009]
[Title Amended on Jun. 15, 2010]
| Article 18-2 (Rectification of Resolution of Disciplinary Action, etc.) |
When it is obvious that there is any miscalculation, entry error, or any other mistake similar thereto in a resolution of disciplinary action, etc., the chairperson may decide to rectify it either ex officio or upon request of the person having the authority to request the resolution of disciplinary action, etc. or the person suspected to be subject to disciplinary action, etc.
[This Article Newly Inserted on Aug. 3, 2015]
| Article 19 (Disposition for Disciplinary Action, etc.) |
| (1) | A person having the authority to impose a disposition for disciplinary action, etc. shall take disciplinary action, etc. within 15 days from the date of receipt of a written resolution of disciplinary action, etc. or a written resolution of the reduction of or exemption from a disciplinary additional charge. <Amended on Jun. 15, 2010; Sep. 5, 2012> |
| (2) | A person having the authority to impose a disposition for disciplinary action, etc. shall, in cases of taking disciplinary action, etc. pursuant to paragraph (1), issue a person subject to disciplinary action, etc. a written explanation on disciplinary action, etc. in attached Form No. 4, along with a copy of the written resolution of disciplinary action, etc. or a copy of the written resolution of the reduction of or exemption from a disciplinary additional charge: Provided, That in the case of the removal or dismissal of a public official of at least Grade Ⅴ or equivalent rank (including a member of the Senior Executive Service), the person having the authority to recommend appointment of a person subject to disciplinary action, etc. shall issue him or her a written explanation on the disciplinary action, etc. <Amended on Jun. 15, 2010; Sep. 5, 2012; Dec. 11, 2013> |
| (3) | Acts prescribed by Presidential Decree under Article 75 (2) 3 of the Act shall be as follows: <Amended on Oct. 10, 2023> |
| 2. | An act of causing physical or mental suffering to the following persons or deteriorating the work environment, beyond the appropriate scope of duties, by taking advantage of superiority in rank, relationship, etc. at work: |
| (a) | Other public officials; |
| (b) | Employees of any of the following agencies, institutions, or organizations: |
| (i) | An agency to which a person subject to disciplinary action, etc. belongs (including institutions affiliated with the relevant agency); |
| (iii) | A public-service-related organization whose business affairs are administered by the agency referred to in subitem (i) pursuant to relevant statutes or regulations, among public-service-related organizations under Article 3-2 (1) of the Public Service Ethics Act; |
| (4) | Where a ground for disciplinary action falls under any of the subparagraphs of Article 75 (2) of the Act, the person having the authority to impose a disposition shall inform the victim that he or she may request to notify the result of disposition for disciplinary action: Provided, That this shall not apply where there exist grounds determined by the Minister of Personnel Management, such as where the whereabouts of a victim is unknown. <Newly Inserted on Oct. 10, 2023> |
| (5) | Where the person having the authority to impose a disposition notifies the victim of the result of disposition for disciplinary action at the request of a victim under paragraph (3), the notification shall be given in attached Form 4-2. <Newly Inserted on Apr. 16, 2019; Aug. 6, 2019; Oct. 10, 2023> |
| (6) | A victim notified of the result of disposition for disciplinary action pursuant to paragraph (5) shall not make it public. <Newly Inserted on Apr. 16, 2019; Aug. 6, 2019; Oct. 10, 2023> |
| (7) | Except as provided in paragraphs (3) through (6), matters regarding notification of the result of disposition for disciplinary action shall be determined by the Minister of Personnel Management. <Newly Inserted on Apr. 16, 2019; Oct. 10, 2023> |
[This Article Wholly Amended on Mar. 18, 2009]
[Title Amended on Sep. 5, 2012]
| Article 19-2 (Delivery of Notices of Payment of Disciplinary Additional Charge) |
| (1) | The person having the authority to impose a disposition for disciplinary action, etc. who has been notified of a resolution pursuant to Article 18 shall, in the case of delivering a written explanation on disciplinary action, etc. to a person subject to the disciplinary action, etc., under Article 19 (2), attach a notice of payment clearly specifying the amount of the disciplinary additional charge or a notice of reduced or exempted payment clearly specifying the amount of the reduced or exempted disciplinary additional charge. |
| (2) | If a person subject to disciplinary action, etc. fails to pay a disciplinary additional charge or a reduced or exempted disciplinary additional charge within 60 days from the date of receipt of a notice of payment under paragraph (1), the person having the authority to impose a disposition for disciplinary action, etc. may collect such disciplinary additional charge in the same manner as the compulsory collection of national taxes under the former part of Article 78-2 (4) of the Act. <Amended on May 31, 2013; May 15, 2018; Nov. 30, 2021> |
| (3) | Where the person having the authority to impose a disposition for disciplinary action, etc. intends to entrust the collection of an amount in arrears pursuant to the latter part of Article 78-2 (4) of the Act, he or she shall notify the head of the competent tax office with a written request for collection in which the name and address of a person subject to collection, the amount to be collected, etc. are specified, along with the document substantiating that it is difficult to collect the amount in arrears.<Newly Inserted on Nov. 30, 2021> |
| (4) | Where a person subject to disciplinary action, etc. receives a notice of reduced or exempted payment under paragraph (1) after paying a disciplinary additional charge, the person having the authority to impose a disposition for disciplinary action, etc. shall reimburse the difference to the person subject to disciplinary action, etc. <Amended on Nov. 30, 2021> |
| (5) | Where a person subject to disciplinary action, etc. receives a notice of reduced or exempted payment under paragraph (1) before paying a disciplinary additional charge, he or she shall pay the reduced or exempted disciplinary additional charge. <Amended on Nov. 30, 2021> |
[This Article Newly Inserted on Jun. 15, 2010]
| Article 20 (Non-Closure of Meetings) |
The following matters shall not be disclosed in order to secure the fairness of deliberation and resolution by a disciplinary committee:
| 1. | Meetings of the disciplinary committee; |
| 2. | List of the names of members scheduled to attend or have attended meetings of the disciplinary committee; |
| 3. | Documents which contain the contents of statements made by members in meetings of the disciplinary committee (including documents recorded electronically); |
| 4. | Other matters deemed likely to impair the fairness of deliberation and decision by the disciplinary committee if disclosed. |
[This Article Wholly Amended on May 31, 2013]
| Article 21 (Prohibition of Divulging Confidential Information) |
No person who attends a meeting of a disciplinary committee shall divulge any confidential information known to him or her in the scope of his or her duty.
[This Article Wholly Amended on Mar. 18, 2009]
| Article 22 (Matters to Be Observed by Meeting Attendees) |
| (1) | A person who attends a meeting of the disciplinary committee shall not possess any of the following items: |
| 1. | Equipment capable of audio or video recording, or photographing, such as a voice recorder, camera, or mobile phone; |
| 2. | Dangerous things, such as deadly weapons; |
| 3. | Other things unrelated to the deliberation on the cases of disciplinary action, etc. |
| (2) | A person who appears before a meeting of the Disciplinary Committee shall not engage in any of the following activities: |
| 1. | Audio or video recording, photographing, or relay broadcasting; |
| 2. | Disturbing the order in a meeting room; |
| 3. | Causing harm to the life, body, property, etc. of another person. |
[This Article Newly Inserted on Jul. 28, 2020]
| Article 23 (Consent to Ex Officio Dismissal from Office) |
| (1) | Pursuant to Article 70 (2) of the Act, the relevant person having the authority of appointment shall, in attached Form 4-3 of a written request for opinions on or consent to an ex officio dismissal, request the competent disciplinary committee to give an opinion on or consent to the ex officio dismissal, according to the disciplinary jurisdiction over cases of requesting a moderate disciplinary action under this Decree where he or she is required to hear the opinion of the competent disciplinary committee on the ex officio dismissal, and according to the disciplinary jurisdiction under this Decree over cases of requesting a severe disciplinary action where he or she is required to obtain the consent of the competent disciplinary committee to the ex officio dismissal, respectively. <Amended on Sep. 5, 2012; Apr. 16, 2019> |
| (2) | The disciplinary committee shall adopt a resolution of its opinion to be presented on any ex officio dismissal or on whether to give consent thereto, in preference to other cases of disciplinary action, etc. (excluding cases where a resolution of disciplinary action, etc. is requested pursuant Articles 78-3 (2) and 78-4 (2) of the Act). <Newly Inserted on Sep. 5, 2012; Jul. 28, 2020> |
| (3) | Where the competent disciplinary committee has adopted a resolution of its opinion to be presented on any ex officio dismissal or on whether to give consent thereto, it shall notify the relevant person having the authority of appointment of such fact, affixing a written resolution of the opinion on or consent to an ex officio dismissal in attached Form 4-4. <Newly Inserted on Sep. 5, 2012; Apr. 16, 2019> |
| (4) | Except as provided in paragraphs (1) through (3), Articles 10 and 11 (1) through (3), the main clause of Article 11 (4), and Articles 12 (4) and (5), 12-2, 15, and 22 shall apply mutatis mutandis to the attendance of persons subject to ex officio dismissal, interrogation and the right of statement, investigation of facts, remote video conference, exclusion of or challenge to a committee member, matters to be observed by meeting attendees, and other relevant matters. In such cases, "person suspected to be subject to disciplinary action, etc." shall be construed as "person subject to ex officio dismissal from office", "resolution of disciplinary action, etc." as "resolution of opinion on or consent to ex officio dismissal from office", "written request for disciplinary action, etc." as "written request for opinions on or consent to an ex officio dismissal", and "content of suspicion" as "dismissal from office", "case of disciplinary action, etc." as "case of dismissal from office", respectively. <Newly Inserted on Sep. 5, 2012; Jul. 28, 2020> |
[This Article Wholly Amended on Mar. 18, 2009]
| Article 23-2 (Verification of Grounds for Disciplinary Disposition with Regard to Public Officials Wanting to Retire) |
| (1) | Where a public official wants to retire from office, a person who has the authority of appointment or a person who has the authority to recommend appointment shall, without delay, request the Board of Audit and the head of an inspection or criminal investigation agency, such as the prosecution and the police, in writing, to verify whether the relevant public official has the grounds for disciplinary action under any subparagraph of Article 78 (1) of the Act or falls under any subparagraph of Article 78-4 (2) of the Act. |
| (2) | Upon receipt of a request for verification pursuant to paragraph (1), the head of an agency shall notify the person who has the authority of appointment or the person who has the authority to recommend appointment of the results of verification in writing within 10 days from the receipt of such request. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for procedures, etc. for restriction on retirement shall be prescribed by Ordinance of the Ministry of Personnel Management. |
[This Article Newly Inserted on Jul. 28, 2020]
| Article 24 (Requests for Examination or Re-Examination) |
Where the head of the agency which has requested a resolution on disciplinary action, etc. intends to file a request for an examination or re-examination pursuant to Article 82 (2) of the Act, he or she shall submit to the competent disciplinary committee a written request for examination (re-examination) on the resolution of disciplinary action, etc., specifying the following matters within 15 days from the date of receipt of the resolution of disciplinary action, etc., along with records related to the relevant case: <Amended on Jun. 15, 2010> | 1. | The purport of the request for examination or re-examination; |
| 2. | Grounds for the request for examination or re-examination, and methods for proving such grounds; |
| 3. | A copy of the written resolution of disciplinary action, etc. or a copy of the written resolution of the reduction of or exemption from a disciplinary additional charge; |
[This Article Wholly Amended on Mar. 18, 2009]
| Article 25 (Ledger of Records of Disciplinary Actions, etc.) |
| (1) | The disciplinary committee at each level shall keep a ledger of disciplinary action, etc. in attached Form No. 5 in order to manage the details of receipt and handling of cases of disciplinary action, etc. <Amended on Jun. 15, 2010> |
| (2) | Notwithstanding paragraph (1), the disciplinary committee at each level may prepare, maintain, and keep a ledger of disciplinary action, etc. by means of an electronic personnel management system established under Article 37-2 of the Regulations on the Personnel Records, Statistics, and Handling of Personnel Affairs of Public Officials. <Newly Inserted on Nov. 18, 2015; Nov. 22, 2016> |
[This Article Wholly Amended on Mar. 18, 2009]
[Title Amended on Jun. 15, 2010]
| Article 25-2 Deleted. <May 31, 2013> |
| Article 26 Deleted. <Mar. 18, 2009> |
ADDENDA <Presidential Decree No. 5046, Jun. 15, 1970>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 5944, Dec. 31, 1971>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 6652, Apr. 27, 1973>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) The head of the administrative agency in receipt of service of a request for disciplinary action from the agency to which the relevant public official subject to disciplinary action belongs, as at the time this Decree enters into force, shall request, without delay, the competent disciplinary committee to adopt a resolution on disciplinary action pursuant to the previous provisions of this Decree. |
ADDENDA <Presidential Decree No. 8108, May 7, 1976>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) With respect to a disciplinary action case pending in a general disciplinary committee as at the time this Decree enters into force, the previous provisions of this Decree shall apply. |
ADDENDA <Presidential Decree No. 10101, Dec. 18, 1980>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) A case in which any Central Disciplinary Committee is requested to adopt a resolution on disciplinary action, etc. pursuant to the previous provisions of this Decree as at the time this Decree enters into force shall be under the jurisdiction of the relevant Central Disciplinary Committee under this Decree. |
ADDENDUM <Presidential Decree No. 10339, Jun. 9, 1981>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 11604, Dec. 31, 1984>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 11837, Dec. 31, 1985>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 12363, Dec. 31, 1987>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures Based on Change of Jurisdiction) Jurisdiction over cases where a general disciplinary committee was requested to adopt a resolution on disciplinary action, etc. shall be determined pursuant to the previous provisions of this Act. |
ADDENDA <Presidential Decree No. 13413, Jul. 1, 1991>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of the composition of the Seoul Special Metropolitan City Council.
Article 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 15609, Jan. 16, 1998>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Cases of Disciplinary Actions Requested) A case in which a disciplinary action was requested pursuant to the previous provisions of this Decree as at the time this Decree enters into force shall be governed by the previous provisions thereof. |
ADDENDA <Presidential Decree No. 16784, Apr. 18, 2000>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 17669, Jul. 13, 2002>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 19683, Sep. 22, 2006>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Cases of Requested Disciplinary Actions) A case where a disciplinary action was requested pursuant to the previous provisions of this Decree as at the time this Decree enters into force shall be deemed requested pursuant to this Decree. |
ADDENDA <Presidential Decree No. 19885, Feb. 12, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 20470, Dec. 28, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20741, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso. Omitted.)
Article 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 21087, Oct. 20, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That Article 10 shall enter into force on December 1, 2008, Articles 24 through 26 shall enter into force on January 1, 2010, Article 29 shall enter into force on July 1, 2009, and Article 48 shall enter into force on January 1, 2013. Article 2 (Transitional Measures following Amendment to the Decree on Disciplinary Actions against Public Officials)
| (1) | The First central disciplinary committee and the Second central disciplinary committee under the previous Decree on Disciplinary Actions against Public Officials before it was amended as at the time this Decree enters into force shall be deemed the Central Disciplinary Committee under this Decree. |
| (2) | Written requests for disciplinary action which were received by the First central disciplinary committee and the Second central disciplinary committee pursuant to the previous Decree on Disciplinary Actions against Public Officials before it was amended as at the time this Decree enters into force shall be deemed received by the Central Disciplinary Committee pursuant to this Decree. |
| (3) | Resolutions passed by the First central disciplinary committee and the Second central disciplinary committee pursuant to the previous Decree on Disciplinary Actions against Public Officials before it was amended as at the time this Decree enters into force shall be deemed those passed by the Central Disciplinary Committee under this Decree. |
| (4) | The Members of the Second Central Disciplinary Committee under the previous Decree on Disciplinary Actions against Public Officials before it was amended as at the time this Decree enters into force shall be deemed appointed or commissioned pursuant to this Decree. |
Article 3 (Transitional Measures following Amendment to Decree on Framework Act on Logistics Policies) The affairs conducted by the Minister of Oceans and Fisheries on the basis of deliberations and resolutions thereon by the Committee of Examinations of Logistic Managers pursuant to the previous Decree on Framework Act on Logistics Policies before it is amended as at the time this Decree enters into force shall be deemed conducted by the Minister of Oceans and Fisheries pursuant to this Decree. Article 4 Omitted.
ADDENDA <Presidential Decree No. 21351, Mar. 18, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 1, 2009.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22199, Jun. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Reduction of and Exemption from Disciplinary Surcharges)
The amended provisions of Articles 17-2, 18, 19, and 19-2 shall apply beginning with the case where a cause for disciplinary action has first occurred on and after the date (March 22, 2010) on which the State Public Officials (Act No. 10148) enters into force.
ADDENDA <Presidential Decree No. 22373, Sep. 10, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22633, Jan. 24, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Notification of Fact of Decision on Whether to Proceed with Procedures for Disciplinary Actions, etc.)
The amended provisions of Article 8-2 shall apply beginning with the first public official notified of the initiation of investigation after this Decree enters into force. Article 3 (Transitional Measures concerning Term of Office of Previously Commissioned Members)
A member who was commissioned pursuant to the previous Articles 4 (3) and 5 (3) before this Decree enters into force shall be deemed commissioned on the date on which this Decree enters into force and his/her term of office shall be calculated pursuant to the amended provisions of Article 5-2.
ADDENDA <Presidential Decree No. 23807, May 23, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Amendments of Forms)
Those Forms under previous provisions as at the time this Decree enters into force may be used until August 31, 2012, together with corresponding Forms under this Decree.
ADDENDUM <Presidential Decree No. 24080, Sep. 5, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24425, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among Presidential Decrees amended pursuant to Article 6 of the Addenda, the amendments to those Presidential Decrees which were promulgated before this Decree enters into force, but the dates on which they are to enter into force have not arrived shall enter into force on the date on which the respective Presidential Decree enters into force. Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 24556, May 31, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 4 and 5 (3) shall enter into force on January 1, 2014. Article 2 (Transitional Measures concerning Term of Office of Previously Commissioned Members)
The terms of office of a member who was commissioned pursuant to the previous Articles 4 (3) and 5 (3) before this Decree enters into force shall be the period under the amended provisions of Article 5-2, and the commencement date of the term shall be the day on which he/she is commissioned. Article 3 Omitted.
ADDENDA <Presidential Decree No. 24925, Dec. 11, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 12, 2013.
Article 2 (Transitional Measures concerning Jurisdiction, etc. over Cases of Disciplinary Actions)
Those cases of disciplinary actions, etc, in which a resolution on a disciplinary action is requested as at the time this Decree enters into force shall, notwithstanding the amended provisions of Articles 2, 7 (1), 18, 19 (2) and 22, be governed by the previous provisions thereof.
ADDENDA <Presidential Decree No. 25000, Dec. 16, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among Presidential Decrees amended pursuant to Article 5 of the Addenda, the amended provisions of those Presidential Decrees promulgated before this Decree enters into force, but the enforcement dates on which have not arrived shall enter into force on the date when the respective Presidential Decree enters into force. Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26478, Aug. 3, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2016: Provided, That the amended provisions of Articles 4 (3), 5 (3), and 11-2 shall enter into force on the date of its promulgation. Article 2 (Applicability concerning Preferential Examination)
The amended provisions of Article 11-2 shall apply beginning with the first request for a resolution on a disciplinary action, etc. made under Article 8 after the enforcement date prescribed in the proviso to Article 1 of the Addenda. Article 3 (Transitional Measures concerning Jurisdiction and Establishment of Disciplinary Committee)
| (1) | A written request of a resolution, etc. on a disciplinary action received by a disciplinary committee under the former Article 2 (4) or 3 (2) as at the time this Decree enters into force shall be deemed received by a disciplinary committee under the amended provisions of Article 2 (4) or 3 (2). |
| (2) | A resolution adopted by a disciplinary committee under the previous Article 2 (4) or 3 (2) before this Decree enters into force shall be deemed adopted by a disciplinary committee under the amended provisions of Article 2 (4) or 3 (2). |
ADDENDA <Presidential Decree No. 26568, Sep. 25, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Amendment of Forms)
The forms existing under the former provisions as at the time this Decree enters into force may be used together with the forms prescribed by this Decree for three months after this Decree enters into force.
ADDENDA <Presidential Decree No. 26656, Nov. 18, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 19, 2015: Provided, That the amended provisions of Articles 5-2, 5-3, 25 of this Decree and Article 5 of the Decree on Disciplinary Actions of Public Officials (Presidential Decree No. 26568) shall enter into force on January 1, 2016. Article 2 (Applicability concerning Submission of Expert Opinion when Resolution on Disciplinary Action, etc. is Requested in Regard to Sexual Misdeed)
The amended provisions of Article 7 (6) 8 shall apply beginning with the first request for a resolution on disciplinary action, etc. made after this Decree enters into force.
ADDENDA <Presidential Decree No. 27607, Nov. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 4 Omitted.
ADDENDA <Presidential Decree No. 27787, Jan. 10, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force one month after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 28890, May 15, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Commission of Civilian Members of General Disciplinary Committee)
The amended provisions of Article 5 (4) 3 shall apply beginning with a civilian member of general disciplinary committee commissioned after this Decree enters into force. Article 3 (Applicability to Notification of Date of Disciplinary Committee to Board of Audit and Inspection)
The amended provisions of Article 11 (5) and (6) shall apply beginning with a case for which the Board of Audit and Inspection requests disciplinary actions such as removal, dismissal, demotion or suspension from office after this Decree enters into force.
ADDENDA <Presidential Decree No. 29697, Apr. 16, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 17, 2019.
Article 2 (Applicability to Guarantee of Victim’s Right to Make Statement)
The amended provisions of Article 11-2 shall apply beginning with a case for which a resolution for disciplinary action is requested after this Decree enters into force. Article 3 (Applicability to Form)
The amended provisions of attached Form 4-2 shall apply beginning with disciplinary dispositions taken after this Decree enters into force.
ADDENDUM <Presidential Decree No. 30017, Aug. 6, 2019>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 30878, Jul. 28, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 4 (5) and 23-2 shall enter into force on July 30, 2020. Article 2 (Applicability to Composition of Meetings of Committee to Which Case of Re-Examination Is Assigned)
The amended provisions of Article 4 (5) shall begin to apply to cases on which a request for re-examination is filed after this Decree enters into force. Article 3 (Applicability to Composition of Meeting to Which Cases, such as Sexual Crimes, Is Assigned)
| (1) | The amended provisions of Articles 4 (6) and 5 (6) shall begin to apply where a resolution on disciplinary action, etc. is requested after this Decree enters into force. |
| (2) | Notwithstanding paragraph (1), with respect to a general disciplinary committee for which it is impossible to meet the standards for composing a meeting under the amended provisions of Article 5 (6), the previous provisions shall apply until it meets such standards. |
Article 4 (Applicability to Attendance of Persons Having Requested Resolution of Disciplinary Action in Disciplinary Committee)
The amended provisions of the proviso of Article 11 (4) shall begin to apply to cases for which a resolution of disciplinary action, etc. is requested after this Decree enters into force. Article 5 (Transitional Measures concerning Matters to Be Considered When Disciplinary Committee Adopts Resolution of Case of Disciplinary Action)
Notwithstanding the amended provisions of Article 17, the previous provisions shall apply where grounds for disciplinary action, etc. have occurred before this Decree enters into force.
ADDENDA <Presidential Decree No. 32164, Nov. 30, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 19-2 (2) through (5) shall enter into force on December 9, 2021. Article 2 (Transitional Measures concerning Composition of Disciplinary Committee)
A disciplinary committee composed under the previous provisions as at the time this Decree enters into force shall be deemed composed in compliance with the standards prescribed in the amended provisions of the latter part of Article 4 (3) and the provisions, with the exception of the subparagraphs, of Article 5 (4): Provided, That where any member is commissioned after this Decree enters into force (excluding where such member serves consecutive terms), members of a specific gender shall be commissioned until the standards prescribed in the relevant amended provisions are met.
ADDENDA <Presidential Decree No. 33204, Jan. 3, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Composition of Meetings of Disciplinary Committee)
| (1) | The amended provisions of Articles 4 (5) and 5 (5) shall begin to apply to cases for which resolution of disciplinary action, etc. is requested after this Decree enters into force. |
| (2) | Notwithstanding paragraph (1), the previous provisions shall apply to a general disciplinary committee for which it is impractical to meet the standards for the composition of its meetings as prescribed in the amended provisions of Article 5 (5), until such committee meets the standards. |
Article 3 (Applicability to Exclusion of Members of Disciplinary Committee)
The amended provisions of Article 15 (1) shall begin to apply where a meeting of a disciplinary committee is convened after this Decree enters into force.
ADDENDA <Presidential Decree No. 33803, Oct. 10, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 12, 2023.
Article 2 (Transitional Measures concerning Notification of Fact of Decision on Whether to Proceed with Procedures for Disciplinary Action, etc.)
Notwithstanding the amended provisions of Article 8-2, the previous provisions shall apply to receipt of the notification of the initiation of investigation before this Decree enters into force. Article 3 Omitted.