DECREE ON THE APPOINTMENT OF PUBLIC OFFICIALS
Wholly Amended by Presidential Decree No. 3877, Apr. 11, 1969
Amended by Presidential Decree No. 5449, Dec. 31, 1970
Presidential Decree No. 5606, Apr. 19, 1971
Presidential Decree No. 5870, Dec. 11, 1971
Presidential Decree No. 5942, Dec. 31, 1971
Presidential Decree No. 6258, jun. 28, 1972
Presidential Decree No. 6474, Jan. 25, 1973
Presidential Decree No. 6622, Apr. 9, 1973
Presidential Decree No. 6658, May 2, 1973
Presidential Decree No. 6692, May 22, 1973
Presidential Decree No. 7171, jun. 5, 1974
Presidential Decree No. 7278, Oct. 14, 1974
Presidential Decree No. 7428, Dec. 24, 1974
Presidential Decree No. 7786, Sep. 4, 1975
Presidential Decree No. 7940, Dec. 31, 1975
Presidential Decree No. 8146, jun. 4, 1976
Presidential Decree No. 8269, Nov. 5, 1976
Presidential Decree No. 8691, Sep. 14, 1977
Presidential Decree No. 8795, Dec. 30, 1977
Presidential Decree No. 8920, Apr. 6, 1978
Presidential Decree No. 9076, Jul. 1, 1978
Presidential Decree No. 9264, Dec. 30, 1978
Presidential Decree No. 9325, Feb. 14, 1979
Presidential Decree No. 9642, Oct. 13, 1979
Presidential Decree No. 10345, jun. 10, 1981
Presidential Decree No. 11024, Dec. 31, 1982
Presidential Decree No. 11105, Apr. 20, 1983
Presidential Decree No. 11455, jun. 29, 1984
Presidential Decree No. 11602, Dec. 31, 1984
Presidential Decree No. 11838, Dec. 31, 1985
Presidential Decree No. 12050, Dec. 31, 1986
Presidential Decree No. 12113, Apr. 1, 1987
Presidential Decree No. 12339, Dec. 31, 1987
Presidential Decree No. 12656, Mar. 27, 1989
Presidential Decree No. 12704, May 10, 1989
Presidential Decree No. 12733, jun. 17, 1989
Presidential Decree No. 12910, Jan. 30, 1990
Presidential Decree No. 13225, Dec. 31, 1990
Presidential Decree No. 13282, Feb. 1, 1991
Presidential Decree No. 13400, jun. 27, 1991
Presidential Decree No. 13413, Jul. 1, 1991
Presidential Decree No. 13615, Mar. 13, 1992
Presidential Decree No. 13767, Dec. 2, 1992
Presidential Decree No. 13976, Sep. 13, 1993
Presidential Decree No. 14102, Jan. 17, 1994
Presidential Decree No. 14499, Dec. 31, 1994
Presidential Decree No. 14653, May 29, 1995
Presidential Decree No. 14839, Dec. 22, 1995
Presidential Decree No. 15130, Jul. 31, 1996
Presidential Decree No. 15249, Dec. 31, 1996
Presidential Decree No. 15599, Dec. 31, 1997
Presidential Decree No. 15715, Feb. 28, 1998
Presidential Decree No. 15766, Apr. 1, 1998
Presidential Decree No. 16075, Dec. 31, 1998
Presidential Decree No. 16365, May 24, 1999
Presidential Decree No. 17108, Jan. 27, 2001
Presidential Decree No. 17115, Jan. 29, 2001
Presidential Decree No. 17116, Jan. 29, 2001
Presidential Decree No. 17420, Nov. 29, 2001
Presidential Decree No. 17517, Feb. 9, 2002
Presidential Decree No. 17663, Jul. 10, 2002
Presidential Decree No. 18232, Jan. 20, 2004
Presidential Decree No. 18416, jun. 11, 2004
Presidential Decree No. 18715, Feb. 25, 2005
Presidential Decree No. 18842, May 26, 2005
Presidential Decree No. 18965, Jul. 26, 2005
Presidential Decree No. 19109, Oct. 26, 2005
Presidential Decree No. 19187, Dec. 26, 2005
Presidential Decree No. 19251, Dec. 30, 2005
Presidential Decree No. 19431, Mar. 29, 2006
Presidential Decree No. 19515, jun. 12, 2006
Presidential Decree No. 19787, Dec. 29, 2006
Presidential Decree No. 20059, May 16, 2007
Presidential Decree No. 20604, Feb. 5, 2008
Presidential Decree No. 20710, Feb. 29, 2008
Presidential Decree No. 20888, jun. 27, 2008
Presidential Decree No. 21289, Feb. 3, 2009
Presidential Decree No. 21344, Mar. 12, 2009
Presidential Decree No. 21386, Mar. 31, 2009
Presidential Decree No. 21717, Sep. 8, 2009
Presidential Decree No. 22202, jun. 15, 2010
Presidential Decree No. 22373, Sep. 10, 2010
Presidential Decree No. 22617, Jan. 10, 2011
Presidential Decree No. 22691, Mar. 7, 2011
Presidential Decree No. 22834, Apr. 4, 2011
Presidential Decree No. 23014, Jul. 4, 2011
Presidential Decree No. 23118, Sep. 6, 2011
Presidential Decree No. 23174, Sep. 29, 2011
Presidential Decree No. 23555, Jan. 26, 2012
Presidential Decree No. 23644, Feb. 29, 2012
Presidential Decree No. 23691, Mar. 30, 2012
Presidential Decree No. 24124, Sep. 28, 2012
Presidential Decree No. 24380, Feb. 20, 2013
Presidential Decree No. 24425, Mar. 23, 2013
Presidential Decree No. 24503, Apr. 22, 2013
Presidential Decree No. 24852, Nov. 20, 2013
Presidential Decree No. 25000, Dec. 16, 2013
Presidential Decree No. 25075, Jan. 10, 2014
Presidential Decree No. 25137, Feb. 5, 2014
Presidential Decree No. 25415, jun. 30, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 26397, Jul. 13, 2015
Presidential Decree No. 26566, Sep. 25, 2015
Presidential Decree No. 26653, Nov. 18, 2015
Presidential Decree No. 26944, Feb. 3, 2016
Presidential Decree No. 27256, jun. 24, 2016
Presidential Decree No. 27787, Jan. 10, 2017
Presidential Decree No. 27822, Jan. 31, 2017
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28220, Jul. 26, 2017
Presidential Decree No. 28572, Dec. 29, 2017
Presidential Decree No. 29031, Jul. 3, 2018
Presidential Decree No. 29180, Sep. 18, 2018
Presidential Decree No. 29868, jun. 18, 2019
Presidential Decree No. 29930, jun. 25, 2019
Presidential Decree No. 30191, Nov. 5, 2019
Presidential Decree No. 30493, Feb. 25, 2020
Presidential Decree No. 30515, Mar. 10, 2020
Presidential Decree No. 30807, jun. 30, 2020
Presidential Decree No. 30833, Jul. 14, 2020
Presidential Decree No. 31042, Sep. 22, 2020
Presidential Decree No. 31337, Dec. 29, 2020
Presidential Decree No. 31380, Jan. 5, 2021
Presidential Decree No. 32162, Nov. 30, 2021
Presidential Decree No. 32274, Dec. 28, 2021
Presidential Decree No. 32627, May 9, 2022
Presidential Decree No. 33151, Dec. 27, 2022
Presidential Decree No. 33692, Aug. 30, 2023
Presidential Decree No. 33798, Oct. 10, 2023
Presidential Decree No. 34053, Dec. 26, 2023
CHAPTER I GENERAL PROVISIONS
| Article 1 (Scope of Application) |
| (1) | Except as otherwise provided in other statutes and regulations, the appointment of public officials in career service among State public officials belonging to the Executive Branch (hereinafter referred to as "public official") shall be governed by this Decree: Provided, That except as otherwise provided in this Decree, Articles 11, 12, 12-2, 13, 13-2, 14, 15, 22, 22-2, 22-3, 29 through 34, 34-2, 34-3, 35, 35-2 through 35-4, 36, 40, 41, 41-2, 41-3, 42, 42-2, 43-2, 43-3, 44, 45, 45-2, 46 through 48, 49-2, 49-3, 50, 51, 53 through 57, 57-6, 58 and 59 shall not apply to public officials in fixed term positions referred to in Article 26-5 of the State Public Officials Act (hereinafter referred to as "public official in a fixed term position"). <Amended on Nov. 20, 2013; Dec. 26, 2023> |
| (2) | Only Articles 4, 6, 7, 9, 10-4, and 57-4 of this Decree shall apply to the appointment of public officials in non-career service among public officials: Provided, That Articles 10-4 and 57-4 shall not apply to public officials in political service. <Amended on Dec. 26, 2023> |
[This Article Wholly Amended on Sep. 8, 2009]
The terms used in this Decree are defined as follows: <Amended on Jul. 4, 2011; Jan. 26, 2012; Feb. 20, 2013; Mar. 23, 2013; Jan. 10, 2014; Nov. 19, 2014; Sep. 25, 2015; Jul. 26, 2017; Feb. 25, 2020; Mar. 10, 2020; Jul. 14, 2020; May 9, 2022; Aug. 30, 2023>
| 1. | The term "appointment" means new employment, promotion, transference, change of occupation, dual office holding, dispatch, demotion, leave of absence, release from a position, suspension from a duty, degradation, reinstatement in service, and dismissal, release and removal from office; |
| 2. | The term "reinstatement" means having a public official who was unable to perform duties due to leave of absence, release from a position, suspension from a duty, or degradation return to the position; |
| (a) | Heads of a Ministry or Administration which is a central administrative agency, the Chief of Staff of the Office of the President (including the Secretariats of the Office of National Security and the National Security Council), the Minister of the Presidential Security Service, the Chairman of the Board of Audit and Inspection of Korea, the chairperson of the National Human Rights Commission of Korea, the Chief Prosecutor of the Corruption Investigation Office for High-ranking Officials, the Chairman of the Korea Communications Commission, the chairperson of the Nuclear Safety and Security Commission, the Minister of the Office for Government Coordination (including the Prime Minister's Secretariat), the chairperson of the Korea Fair Trade Commission, the Chairman of the Financial Services Commission, the chairperson of the Anti-Corruption and Civil Rights Commission, the chairperson of the Personal Information Protection Commission, the Secretary General of the Secretariat of the National Unification Advisory Council, and the chairperson of the National Education Commission; |
| (b) | The competent Minister of public officials who work in Special Metropolitan City, Metropolitan Cities, Special Self-Governing City, Dos and Special Self-Governing Do (hereinafter referred to as "City/Do") and Gus which are local autonomous entities (hereinafter referred to as "autonomous Gu"), Sis and Guns, shall be the Minister of the Interior and Safety, and the competent Minister of public officials who work for the Offices of Education of Cities/Dos and institutions belonging thereto shall be the Minister of Education; |
| (c) | The competent Minister of public officials in research service and extension service who engage in agricultural community development business in Cities/Dos and autonomous Sis/Guns/Gus shall be the Administrator of the Rural Development Administration; |
| (d) | The competent Minister for fire officials who serve in a City/Do shall be the Fire Commissioner of the Korean National Fire Agency; |
| (e) | Competent Ministers of agencies not belonging to the agencies provided for in items (a) through (d) shall be the persons classified as follows, except as provided for in Acts. In such cases, where any person classified as below appoints a public official, he or she shall consult with the head of the relevant agency in advance: |
| (i) | The head of any agency designated by the Minister of Personnel Management among the agencies prescribed in item (a) by recognizing that it is related to duties of the relevant agency; |
| (ii) | Where no person is designated by the Minister of Personnel Management prescribed in subitem (i), the Minister of Personnel Management; |
| 4. | Deleted; <Jul. 3, 2018> |
| 5. | The term "research functional categories" prescribed in Articles 4 (2) and 28 (2) 9 of the Act or in this Decree means the functional category prescribed in subparagraph 1 of attached Table 1 of the Regulations on the Appointment, etc. of Public Officials in Research Service and Extension Service (hereinafter referred to as the "Regulations for Research Service and Extension Service"), and the term "scientific and technical functional category" means the functional category of the scientific and technical functional group prescribed in attached Table 1 of this Decree and the functional category prescribed in subparagraph 2 of attached Table 1 of the Regulations for Research Service and Extension Service; |
| 6. | The term "leave of absence for nongovernmental service" means that a public official goes on leave of absence to temporarily work for a private enterprise, etc. referred to in Article 50 in order to seek the promotion of mutual understanding and development between the private sector and the Government by enabling the public official to acquire methods of conducting business, methods of business management, etc. from the private sector and in turn, enabling the private sector to utilize the professional knowledge and experience of the public official; |
| 7. | The term "compulsory period of service in a position" means a minimum period during which a public official must perform a duty in the position before he or she is transferred to another position. |
[This Article Wholly Amended on Sep. 8, 2009]
| Article 3 (Classification of Classes of Public Officials) |
| (1) | Names of functional groups, functional categories, functional subcategories and classes of public officials in general service whose ranks are classified as prescribed in Article 4 (1) of the Act are as shown in attached Table 1. |
| (2) | Except as provided in this Decree, names, appointment, etc. of functional groups, functional categories, functional subcategories, classes and positions of public officials in general service to which the classification of ranks or the classification of functional groups and functional categories referred to in paragraph (1) may not apply under Article 4 (2) 1 through 3 of the Act, shall be separately prescribed by Presidential Decree. <Amended on Nov. 20, 2013; Jan. 10, 2017> |
| (3) | Deleted. <Nov. 20, 2013> |
| (4) | Of the public officials in general service who are not subject to the classification of ranks referred to in paragraph (1) pursuant to Article 4 (2) 3 of the Act, public officials in postal service shall be classified into postal Grades I through IX; and the functional category, functional subcategory, and class of the public officials of the postal functional group (hereinafter referred to as "public official in postal service") shall be as specified in attached Table 2. <Amended on Jan. 10, 2017> |
| (5) | Postal Grades I and II shall be equivalent to Grade V of general service, postal Grades III, IV, V and VI to Grade VI of general service, postal Grade VII to Grade VII of general service, postal Grade VIII Grade VIII of general service and postal Grade IX Grade IX of general service. In such cases, except for cases provided for in this Decree, if a rank is cited, it shall be construed to include public officials in postal service of equivalent rank. <Newly Inserted on Nov. 20, 2013> |
[This Article Wholly Amended on Sep. 8, 2009]
| Article 3-2 (Types of Public Officials in Fixed Term Positions) |
Types of public officials in fixed term positions shall be as follows: <Amended on Dec. 16, 2013; Jul. 13, 2015; Nov. 18, 2015; Dec. 29, 2017>
| 1. | A public official in a general fixed term position: A public official in a fixed term position appointed to a position which falls into the fixed number of public officials in career service provided for in statutes and regulations, such as the rules of the organization; |
| 2. | A public official in a professional fixed term position: A public official who is appointed to perform duties which require professional knowledge, skills, etc. in a specific area; |
| 3. | A public official in a fixed term position on an alternative work schedule: A public official in a general fixed term position (hereinafter referred to as "public official in a general fixed term position on an alternative work schedule") or a public official in a professional fixed term position (hereinafter referred to as "public official in a professional fixed term position on an alternative work schedule") who is appointed as a public official to work less (referring to working hours determined by the appointing authority or appointment-recommendation authority within the scope of not less than 15 hours and not more than 35 per week; hereafter in this Article the same shall apply) than the ordinary working hours prescribed in Article 26-2 of the Act; |
| 4. | A public official in a temporary fixed term position: A public official in a fixed term position who works less than the ordinary working hours pursuant to Article 26-2 of the Act, who is a public official appointed for a period of not more than one year and six months to perform the duties of any of the following public officials on his or her behalf: |
| (a) | A public official who takes a leave of absence pursuant to Article 71 (1) or (2) of the Act; |
| (d) | A public official designated to work less than ordinary working hours (hereinafter referred to as "public official who has converted to an alternative work schedule") pursuant to Article 57-3 (1). |
[This Article Newly Inserted on Nov. 20, 2013]
| Article 3-3 (Appointment of Permanent Public Officials Employed to Work on Alternative Work Schedule) |
| (1) | The appointing authority or appointment-recommendation authority may newly employ public officials in general service (excluding public officials in fixed term positions) to work less hours than the ordinary working hours under Article 26-2 of the Act. |
| (2) | Notwithstanding Article 9 of the State Public Officials Service Regulations, the weekly working hours of public officials employed under paragraph (1) (hereinafter referred to as "permanent public official employed to work on an alternative work schedule") shall be determined within the scope of not less than 15 hours and less than 35 hours. In such cases, the method and procedures for determining the working hours shall be determined by the Minister of Personnel Management. <Amended on Jun. 18, 2019> |
| (3) | In cases of appointing a permanent public official employed to work on an alternative work schedule as a public official to work for the ordinary working hours, no priority right shall be approved. |
[This Article Newly Inserted on Dec. 16, 2013]
| Article 4 (Appointment of Foreigners and Persons with Plural Nationalities) |
| (1) | The appointing authority or appointment-recommendation authority may employ foreigners as officials of professional career referred to in Article 2 of the Regulations for Officials of Professional Career (hereinafter referred to as "official of professional career"), public officials in fixed term positions or public officials in non-career service under Article 26-3 (1) of the Act. <Amended on Nov. 20, 2013> |
| (2) | The appointing authority or appointment-recommendation authority may restrict the appointment of persons with plural nationalities with respect to the following areas at duties among the duties under the jurisdiction of each agency which are prescribed by statutes and regulations, under Article 26-3 (2) of the Act: |
| 1. | Areas concerning information, security and confidential matters relating to the national security, and criminal investigation; |
| 2. | Areas concerning assistance to and security of important state figures who conduct state affairs, such as the President and Prime Minister; |
| 3. | Areas concerning diplomatic relations, trade negotiations and international treaties; |
| 4. | Areas concerning dialogue, exchange, cooperation and unification between the South and the North; |
| 5. | Areas concerning prosecution, corrections and immigration control; |
| 6. | Areas concerning military affairs, military orders, acquisition of weapon system, improvement of defense capacity and other military affairs; |
| 7. | Areas concerning the protection of lives, bodies and property of the people, protection of business secrets and new technology of enterprises, major economic and financial policies and operation of budgets; |
| 8. | Areas determined by competent Ministers with the recognition that they are not suitable areas in which persons with plural nationalities conduct duties, as areas which may inflect a significant impact on the national security and interest due to the characteristics of duties, such as access to security facilities and zones, and handling of confidential documents and materials. |
[This Article Wholly Amended on Sep. 6, 2011]
| Article 4-2 Deleted. <Jun. 11, 2004> |
| Article 5 (Delegation of Appointment Authority) |
| (1) | Under Article 32 (3) of the Act, the President shall vest competent Ministers with the authority to appoint public officials of Grades III through V (including public officials in professional fixed term positions and public officials in professional fixed term positions on an alternative work schedule who are equivalent thereto). <Amended on Sep. 8, 2009; Nov. 20, 2013; Dec. 16, 2013> |
| (2) | A competent Minister may vest heads of agencies under his or her control (including heads of universities, superintendents of the Offices of Education of Cities/Dos, heads of prosecutors' offices, and chief prosecutors of high prosecutors' offices and district and branch prosecutors' offices), which are headed by members of the Senior Executive Service or above (hereinafter referred to as "high-ranking official") with the authority to change the position of public officials of Grades IV and V (including public officials in professional fixed term positions and public officials in professional fixed term positions on an alternative work schedule who are equivalent thereto) and authority to appoint public officials of Grade VI or below (including public officials in professional fixed term positions, public officials in professional fixed term positions on an alternative work schedule, and public officials in temporary fixed term positions who are equivalent thereto) who belong to the agencies under control. <Amended on Sep. 8, 2009; Sep. 29, 2011; Nov. 20, 2013; Dec. 16, 2013; Feb. 25, 2020> |
| (3) | Deleted. <Jun. 12, 2006> |
| (4) | The competent Minister and the person vested with appointment authority under paragraph (2) may vest heads of agencies under control which are headed by public officials of Grade IV or above or by high-ranking officials with the authority to appoint public officials of Grade VI or below who belong to such agencies under control (including public officials in professional fixed term positions, public officials in professional fixed term positions on an alternative work schedule, and public officials in temporary fixed term positions who are equivalent thereto) and vest heads of agencies under control which are headed by public officials of Grade V (including deans of universities) with the authority to change the position of public officials of Grades VI and VII of such agencies under control (including public officials in professional fixed term positions, public officials in professional fixed term positions on an alternative work schedule, and public officials in temporary fixed term positions who are equivalent thereto) and the authority to appoint public officials of Grade VIII or below (including public officials in professional fixed term positions, public officials in professional fixed term positions on an alternative work schedule, and public officials in temporary fixed term positions who are equivalent thereto). <Amended on Sep. 8, 2009; Jun. 15, 2010; Nov. 20, 2013; Dec. 16, 2013> |
| (5) | Notwithstanding paragraphs (2) and (4), a competent Minister may vest the head of each agency (if the relevant agency is an entity comprised of plural number of members and of which person representing the entity is not a public official, referring to the public official holding the authority to administer or supervise the administrative affairs of the entity; hereinafter the same shall apply) with the authority to appoint public officials in fixed term positions not belonging to the Senior Executive Service of such agency. <Newly Inserted on Nov. 20, 2013> |
| (6) | A competent Minister may vest heads of agencies under control which are headed by senior research officials or senior technical advisory officials referred to in Article 3 of the Regulations for Research Service and Extension Service with the authority to appoint public officials of the agencies under control referred to in paragraphs (2) through (4). <Amended on Sep. 8, 2009> |
| (7) | A competent Minister who has agencies of work-site operation under his or her control may vest auxiliary agencies in which high-ranking official are placed with the authority to change the position of public officials of Grade V or below (including public officials in professional fixed term positions, public officials in professional fixed term positions on an alternative work schedule, and public officials in temporary fixed term positions who are equivalent thereto) of the agencies of work-site operation which are under the command and supervision of the auxiliary agencies in matters concerning duties. <Amended on Sep. 8, 2009; Nov. 20, 2013; Dec. 16, 2013> |
| (8) | A competent Minister may vest auxiliary agencies (including assisting agencies and temporary agencies which are equivalent thereto) in which high-ranking officials are placed with the authority to change the position of public officials of Grades IV and V or below who belong to the auxiliary agencies (including public officials in professional fixed term positions, public officials in professional fixed term positions on an alternative work schedule, and public officials in temporary fixed term positions who are equivalent thereto). <Amended on Sep. 8, 2009; Nov. 20, 2013; Dec. 16, 2013> |
| (9) | In cases of adjusting a fixed number of staff, or exchanging personnel between competent Ministers, between agencies under control, between auxiliary agencies, and between auxiliary agency and agency under control, or promoting public officials belonging to functional category which are determined as functional category of small staff by competent Ministers, the President, the competent Ministers or heads of superior agencies under control may exercise the authority for appointment, notwithstanding paragraphs (1) through (8). <Amended on Sep. 8, 2009; Mar. 7, 2011; Nov. 20, 2013> |
[This Article Wholly Amended on Mar. 27, 1989]
| Article 5-2 (Advance Release of Personnel Management Principles) |
The appointing authority or appointment-recommendation authority shall determine and publicly notify, in advance, public officials under his or her control of personnel management principles and standards, and shall, when conducting a regular reshuffle or a large-scale reshuffle equivalent thereto, notify public officials under control of detailed standards, etc. for the relevant reshuffle not later than one month prior to the reshuffle in principle.
[This Article Wholly Amended on Sep. 8, 2009]
| Article 6 (Timing of Appointment) |
| (1) | A public official shall be considered to be appointed on the date of the warrant of appointment or notice of appointment and the date of appointment shall not be retrospective. <Amended on Jul. 3, 2018> |
| (2) | Dismissal from office for such reason as death shall be deemed dismissed on the day following the date of death. <Newly Inserted on Jul. 3, 2018> |
| (3) | The appointment shall be publicly announced in a way that enables the warrant of appointment or notice of appointment to arrive to a person to be appointed by the date of appointment. <Amended on Jul. 3, 2018> |
[This Article Wholly Amended on Sep. 8, 2009]
| Article 7 (Special Cases on Timing of Appointment) |
Notwithstanding Article 6 (1), where a public official falls under any of the following cases, he or she shall be deemed appointed on the date by any of the following classifications: | 1. | In cases of special promotion on any of the following dates as the day for appointment pursuant to Article 40-4 (1) 5 of the Act: |
| (a) | Where a person dies while in office: The day preceding the date of death; |
| (b) | Where a person dies after retired: The day preceding the date of retirement; |
| 2. | In cases of dismissal by virtue of authority under Article 70 (1) 4 of the Act: The date on which the period of leave of absence expires or the date on which the grounds of leave of absence disappear; |
| 3. | Where a person subject to probationary appointment dies during practical training related to performing the duties of public officials pursuant to Article 24 (1): The day preceding the date of retirement. |
[This Article Wholly Amended on Jul. 3, 2018]
| Article 7-2 (Diagnosis of and Support for Personnel Management) |
The Minister of Personnel Management shall examine and diagnose personnel management, such as the appointment of public officials of each agency, for the efficient personnel management of public officials pursuant to Article 6 (2) of the Act and recommend to improve or provide consulting based on the outcomes thereof and provide other necessary support. [This Article Newly Inserted on Nov. 5, 2019]
| Article 8 (Formulation of Plans for Personnel Management of Public Officials under Control) |
| (1) | For the efficient management of human resources necessary for the achievement of objectives of the organization, a competent Minister shall formulate personnel management plans for employment, promotion, placement, career development, etc. of public officials under control. |
| (2) | The Minister of Personnel Management may, where necessary for a balanced personnel operation and efficient utilization of personnel of each agency may have the whole or part of personnel management plans referred to in paragraph (1) submitted and support, adjust and evaluate such plans. <Amended on Mar. 23, 2013; Nov. 19, 2014> |
| (3) | The Minister of Personnel Management shall determine procedures, methods and details of personnel management plans and other matters necessary for the operation, etc. of personnel management plans other than the matters provided for in paragraphs (1) and (2). <Amended on Mar. 23, 2013; Nov. 19, 2014> |
[This Article Wholly Amended on Sep. 8, 2009]
| Article 8-2 (Formulation of Master Plans for Balanced Personnel Management) |
| (1) | The Minister of Personnel Management shall formulate a framework policy for balanced personnel management (hereinafter referred to as "master plan") every five years to implement the policy (hereinafter referred to as "balanced personnel policy") under the proviso of Article 26 of the Act. |
| (2) | A master plan shall include the matters falling under each of the following subparagraphs: |
| 1. | Mid- and long-term basic objectives and direction-setting for the balanced personnel policy; |
| 2. | Tasks to be implemented for the balanced personnel policy, and methods for implementing such policy; |
| 3. | Other matters necessary for implementing the balanced personnel policy. |
| (3) | A competent Minister shall formulate an annual implementation plan in accordance with the master plan, submit it to the Minister of Personnel Management, and shall execute such plan. |
| (4) | The Minister of Personnel Management shall examine an implementation plan submitted pursuant to paragraph (3) and may, if necessary, make recommendations for improvement thereof. |
| (5) | The Minister of Personnel Management may evaluate records of executing an implementation plan prescribed in paragraph (3) and publish the results of evaluation. |
| (6) | If necessary for formulating a master plan, the Minister of Personnel Management may request the head of a relevant central administrative agency, the head of a relevant local government (including the superintendent of education), the head of a relevant public institution, or the chairperson of a relevant local council to offer cooperation such as submitting the relevant materials, and any such head in receipt of a request for cooperation shall comply therewith unless there is a compelling reason not to do so. <Amended on Nov. 30, 2021> |
| (7) | In addition to matters provided for in paragraphs (1) through (6), matters necessary for the procedures and methods for formulating a master plan and an implementation plan, and the operation, etc. of such plans shall be determined by the Minister of Personnel Management. |
[This Article Newly Inserted on Dec. 29, 2017]
| Article 9 (Timely Filling of Vacancies) |
The appointing authority or appointment-recommendation authority shall take necessary measures to fill any vacancies arising in the relevant agency without delay.
[This Article Wholly Amended on Sep. 8, 2009]
| Article 10 (Preferential Appointment of Successful Applicants in Open Competitive Examinations) |
In cases of appointing a successful applicant in an open competitive recruitment examination or open competitive promotion examination, the Minister of Personnel Management or the head of each agency to whom such person is recommended shall appoint the person who has passed such examination by means of open competition in preference to persons for whom other methods of filling vacancies are used. <Amended on Mar. 23, 2013; Nov. 19, 2014>
[This Article Wholly Amended on Sep. 8, 2009]
| Article 10-2 (Reflection of Performance in Education and Training in Personnel Management) |
[This Article Wholly Amended on Sep. 8, 2009]
| Article 10-3 (Conduct and Utilization of Capability Evaluation) |
| (1) | A competent Minister may establish abilities and qualities required of public officials under his or her control to successfully conduct their duties (hereinafter referred to as "capability") and evaluate the public officials under control (hereinafter referred to as "capability evaluation") based thereon, in order to utilize such evaluation results in personnel management in terms of promotion, management of assigned positions, etc.: Provided, That he or she shall appoint heads of divisions of agencies in subparagraph 3 (a) of Article 2 and auxiliary or assisting agencies equivalent thereto (referring to positions equivalent to Grade III or IV; hereinafter referred to as "position of division head's Grade") with persons who has passed such capability evaluation. |
| (2) | A capability evaluation referred to in the proviso of paragraph (1) shall be conducted for persons to be newly employed for a position of division head's class or persons whose position is changed or persons to be promoted before the new employment, change of position or promotion: Provided, That no capability evaluation may be conducted in any of the following cases: <Amended on Nov. 19, 2014; Jul. 26, 2017; Jul. 3, 2018; Dec. 26, 2023> |
| 1. | Appointing a public official in a fixed term position or a public official in extraordinary civil service to the position of secretary, policy advisor to ministers prescribed in the Regulations on Establishment and Operation of Office of Policy Advisor, a position relating to emergency preparation affairs prescribed in the Act on Emergency Preparedness, a position relating to the duty of security of the Presidential Security Service, and positions equivalent thereto; |
| 2. | Appointing a person who has held office as a State public official to a position equivalent to division head or to a position equivalent thereto (excluding the positions in subparagraph 1); |
| 3. | Appointing as a public official in special service referred to in Article 2 (2) 2 of the Act; |
| 4. | Other cases the Minister of Personnel Management particularly determines, such as where there are grounds to believe that a person already has the capabilities as a public official in a position equivalent to division head. |
| (3) | Where it is intended to appoint a person who is appointed to a position equivalent to division head without undergoing a capability evaluation under paragraph (2) 1 to a position equivalent to division head for which a capability evaluation must be conducted, the capability evaluation shall be conducted. |
| (4) | Where a competent Minister conducts a capability evaluation, he or she shall have not less than three items of capability evaluation the Minister of Personnel Management determines included in the items of capability evaluation required of the public officials under control: Provided, That the same shall not apply where he or she consults with the Minister of Personnel Management in advance. <Amended on Nov. 19, 2014> |
| (5) | A capability evaluation shall be conducted by the method of giving points to each item of capability evaluation with a perfect point of 5, on condition that the ranges of evaluation points be divided into very excellent grade, excellent grade, average grade, insufficient grade and very insufficient grade, and the standards for determining passing a capability evaluation shall be as follows: |
| 1. | Where a person subject to evaluation obtains an average point of "average" grade or above (referring to not less than the average point of 2.5 points); |
| 2. | Where a person subject to evaluation obtains an average point of not less than 2.3 points and obtains not less than three points in not less than 1/3 of items of capability evaluation. |
| (6) | A person who fails to pass a capability evaluation may undergo a re-evaluation after supplementing deficient capabilities. In such cases, where he or she fails to pass twice or more times consecutively, he or she may undergo re-evaluation after the lapse of the period determined by the Minister of Personnel Management, within the scope of one year. <Amended on Nov. 19, 2014> |
| (7) | The Minister of Personnel Management may provide support in such areas as establishment of capabilities, development of techniques of capability evaluation, and education and training of persons conducting a capability evaluation and persons subject to capability evaluation, and for the efficient operation of capability evaluation throughout the Government, he or she may, if requested by a competent Minister, certify the capability evaluation system of the relevant agency. <Amended on Nov. 19, 2014> |
| (8) | A competent Minister may, if necessary, entrust the conduct of capability evaluation referred to in paragraph (1) to the Minister of Personnel Management. <Amended on Nov. 19, 2014> |
| (9) | The Minister of Personnel Management shall determine matters necessary for the conduct of and support for capability evaluations, certification of capability evaluation system, etc. other than the matters provided for in paragraphs (1) through (8). <Amended on Nov. 19, 2014> |
[This Article Wholly Amended on Jun. 30, 2014]
| Article 10-4 (Appointment Examination Committee) |
| (1) | The appointing authority (in cases falling under subparagraph 1, referring to the head of an examination-administering institution prior to recommendation for appointment under Article 13 (1); hereafter the same shall apply in this Article) or the appointment-recommendation authority shall establish and operate an appointment examination committee (hereinafter referred to as "appointment examination committee") if necessary to resolve on matters referred to in subparagraphs 1, 2, and 4 through 6, and to provide advice on matters referred to in subparagraph 3: |
| 1. | Matters regarding determining the impracticability of a candidate for employment to perform his or her duties under Article 14 (2); |
| 2. | Matters regarding the appointment, recommendation for appointment, or dismissal of a public official in the period of probationary appointment under Article 23 (2) as a regular public official; |
| 3. | Matters regarding the necessity, etc. of a leave of absence under Article 71 (1) 1 of the Act (hereinafter referred to as "medical leave") under Article 57-7 (2); |
| 4. | Matters regarding the extension of a leave of absence due to a disease or injury in the line of duty under the proviso, with the exception of the items, of subparagraph 1 of Article 72 of the Act (hereinafter referred to as "line of duty sick leave") under Article 57-7 (3); |
| 5. | Matters regarding the ex officio dismissal of a public official in extraordinary civil service under Article 9 (1) of the Regulations on the Personnel Management of Public Officials in Extraordinary Civil Service; |
| 6. | Other personnel management-related matters, as determined by the Minister of Personnel Management, requiring resolution by the appointment examination committee. |
| (2) | An appointment examination committee shall consist of at least five but not more than eight members, including one chairperson: Provided, That where it provides advice on matters referred to in paragraph (1) 3 or resolves on matters falling under any of subparagraphs 4 through 6 of that paragraph, the committee may consist of at least three but not more than eight members. |
| (3) | The chairperson of the appointment examination committee shall be appointed by the appointing authority or the appointment-recommendation authority from among the members referred to in paragraph (4). |
| (4) | Members of the appointment examination committee shall be appointed by the appointing authority or the appointment-recommendation authority from among public officials of ranks higher (including public officials equivalent to the higher rank and members of the Senior Executive Service; hereafter in this paragraph the same shall apply) than those of persons subject to examination (in the case of candidates for appointment, referring to the rank to which they are to be appointed; hereafter in this paragraph the same shall apply). In such cases, if the number of public officials of ranks higher than those of individuals subject to examination is insufficient, public officials of the same ranks (including public officials of the ranks equivalent thereto and members of the Senior Executive Service; hereafter in this paragraph the same shall apply) may be appointed as members. |
| (5) | Any resolution at meetings of an appointment examination committee shall require the concurring vote of a majority of the members. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the organization and operation of the appointment examination committee shall be determined by the Minister of Personnel Management. |
[This Article Newly Inserted on Dec. 26, 2023]
CHAPTER II NEW EMPLOYMENT
Section 1 Open Competitive Employment
| Article 11 (Registration of Successful Applicants in Open Competitive Examinations for Employment) |
| (1) | A person who passes an open competitive examination for employment (hereinafter referred to as "candidate for employment") shall register as a candidate for employment as determined by the head of the examination administering agency. |
| (2) | Where no registration referred to in paragraph (1) is filed, the person shall be considered to have no intention to be employed. |
[This Article Wholly Amended on Sep. 8, 2009]
| Article 12 (Preparation of Registers of Candidates for Employment) |
Registers of candidates for employment shall be prepared by class and in the order of examination marks, and shall include training records, majors and other necessary matters.
[This Article Wholly Amended on Sep. 8, 2009]
| Article 12-2 (Effective Period of Registers of Candidates for Employment) |
| (1) | The registers of candidates for employment who have passed open competitive examinations for employment under Article 38 (2) of the Act shall be valid for two years. <Amended on Nov. 20, 2013; Feb. 5, 2014; Nov. 30, 2021> |
| (2) | "Period during which a person cannot be appointed due to any reason prescribed by Presidential Decree, etc." in Article 38 (3) 2 of the Act means the period from the date of registration until his or her mandatory service expires, where a person who is in service after conscription or call-up for mandatory military service under the Military Service Act passes an open competitive recruitment examination and thereafter is listed in the register of candidates for employment. <Newly Inserted on Nov. 30, 2021> |
[This Article Wholly Amended on Sep. 8, 2009]
| Article 13 (Methods of Recommending Appointment) |
| (1) | In consideration of the number of vacancies and expected number of vacancies of each agency, the head of an examination administering agency shall recommend candidates for employment who are listed in the register of candidates for employment to agencies with appointment authority in consideration of examination marks, training records, majoring areas, careers, aptitude, etc.: Provided, That he or she may render a special recommendation when requested by the appointing authority to recommend any of the following persons as a candidate for employment: |
| 1. | A person who is holding office at the agency for which the appointment is scheduled or has a working career in such agency for not less than six months, or a person who has a special qualification related to the position for which the appointment is scheduled; |
| 2. | Where the area for which the appointment is scheduled is a special area, a person suitable therefor; |
| 3. | Where the head of the agency for which the appointment is scheduled has determined an educational background, working career and special requirement for qualification, a person suitable therefor. |
| (2) | The Minister of Personnel Management may immediately appoint candidates for employment by designating agencies for which such candidates to work, in consideration of examination marks, training records, majoring areas, aptitude, etc. within vacancies at each agency after hearing from competent Ministers under the proviso of Article 39 (1) of the Act. <Amended on Mar. 23, 2013; Nov. 19, 2014> |
| (3) | Among candidates for employment recommended to be employed as public officials of Grades VII and IX, the appointing authority shall appoint persons for whom one year has passed since the date of passing the final examination without delay unless there exist unavoidable grounds, such as deferment of appointment, and education and training. In such cases, if the number of current staff members exceeds the fixed number of staff members, the relevant agency shall be considered to have separate staff members as many as the excessive number of staff members until the number of current staff members and the fixed number of staff members coincide. |
[This Article Wholly Amended on Sep. 8, 2009]
| Article 13-2 (Deferment of Recommendation of Appointment or Deferment of Appointment) |
| (1) | Where a candidate for employment who is listed in the register of candidates for employment falls under any of the following cases, the head of the examination administering agency and the appointing authority may defer recommendation of appointment and appointment, respectively by fixing a period within the scope of validity of the register of candidates for employment: Provided, That where the ground for deferment ceases to exist even during the period of determent, he or she may render recommendation of appointment or appointment: <Amended on Jun. 30, 2020> |
| 1. | Where a candidate for employment joins the army to complete military service through conscription or call-up pursuant to the Military Service Act; |
| 2. | Where a candidate for employment continues to study; |
| 3. | Where a candidate for employment has a disease which requires long-term medical care for not less than six months; |
| 4. | Where a candidate for employment is pregnant or delivers a baby; |
| 5. | Other cases where it is deemed inevitable to defer recommendation of appointment, or appointment. |
| (2) | A person who desires deferment of recommendation of appointment or deferment of appointment referred to in paragraph (1) shall file an application therefor, accompanied by materials evidencing the relevant grounds, within the period determined by the head of the examination administering agency or the appointing authority. In such cases, he or she shall explicitly indicate the period of deferment he or she desires. |
[This Article Wholly Amended on Sep. 8, 2009]
| Article 14 (Disqualifications of Candidates for Employment) |
| (1) | Where a candidate for employment falls under any of the following, he or she shall lose his or her qualification as a candidate for employment pursuant to Article 39 (3) of the Act: <Amended on Nov. 18, 2015; Dec. 29, 2017> |
| 1. | Where a candidate for employment fails to accept appointment to an agency for which he or she is recommended to work pursuant to Article 13; |
| 2. | Where a candidate for employment fails to receive education and training he or she must receive as a candidate for employment; |
| 3. | Where marks obtained as a candidate for employment in education and training fall short of the marks required to complete education and training; |
| 4. | Where a candidate for employment is expelled from school for grounds other than a disease, military service or other unavoidable circumstances under which he or she is unable to continue to receive education and training during the education and training of candidates for employment; |
| 5. | Where it is deemed impracticable for a candidate for employment to perform duties as a public official because he or she has performed an act seriously impairing dignity as a candidate for employment; |
| 6. | Where a candidate for employment commits irregularities falling under a cause for a severe disciplinary action (referring to dismissal from office, discharge from office, degradation, or suspension from office), in violation of the Act or an order issued under the Act; |
| 7. | Where a candidate for employment has committed irregularities falling under a cause for a light disciplinary action (referring to salary reduction or reprimand) at least two times, in violation of the Act or an order issued under the Act. |
| (2) | Where the appointing authority (referring to the head of an examination administering agency if recommendation for appointment under Article 13 (1) has been made; hereafter in this paragraph the same shall apply) or the appointment-recommendation authority intends to determine that it is impracticable for a candidate for employment to perform his or her duties pursuant to paragraph (1) 5, a resolution shall be adopted by the appointment examination committee. <Newly Inserted on Nov. 18, 2015; Dec. 26, 2023> |
[This Article Wholly Amended on Sep. 8, 2009]
| Article 15 (Change of Occupation of Candidates for Employment) |
The head of an examination administering agency may, where necessary, recommend candidates for employment to another functional category (limited to functional category for which the relevant agency has the authority to administer examinations for employment) after undergoing an examination for change of occupation in advance with the consent of the person in question. In such cases, examinations of subjects in open competitive examinations for employment shall be exempt, and in the cases falling under subparagraph 4 or 5 of Article 30, examinations for change of occupation may be exempt. [This Article Wholly Amended on Sep. 8, 2009]
| Article 15-2 Deleted. <Jun. 10, 1981> |
Section 2 Competitive Recruitment for Career Service Positions
| Article 16 (Requirements for Competitive Recruitment for Career Service Positions) |
| (1) | Employment (hereinafter referred to as "competitive recruitment for career service positions, etc.") through recruitment examinations referred to in the main clause, with the exception of the subparagraphs, of and proviso of Article 28 (2) of the Act (hereinafter referred to as "competitive recruitment examination for career service positions, etc.") shall take place in any of the following cases: Provided, That in special circumstances, in consideration of the characteristics of service, the Minister of Personnel Management may determine different requirements for application for a competitive examination, etc. for the employment of experienced public officials allowable only for persons with severe disabilities under Article 20-3 of the Decree on Public Officials Appointment Examinations and application for public officials in general fixed term positions (including public officials in general fixed term positions on an alternative work schedule; hereinafter the same shall apply): <Amended on Sep. 8, 2009; Apr. 4, 2011; Jan. 26, 2012; Mar. 23, 2013; Apr. 22, 2013; Nov. 20, 2013; Dec. 16, 2013; Nov. 19, 2014; Jun. 24, 2016; Jan. 10, 2017; Nov. 5, 2019; Feb. 25, 2020; Jan. 5, 2021> |
| 1. | In cases of re-appointing a public official who has retired under Article 28 (2) 1 of the Act (excluding persons who were public officials in fixed term positions as at the time of retirement), it shall be limited to cases where the cause of the retirement is verified through inquiring of the former agency in which the person held office about the former careers of such person, and in cases of re-appointing a person who retired to become a public official in non-career service or to become a public official in career service of another type (excluding persons who were public officials in fixed term positions as at the time of retirement) as a public official of the class in which he or she held office as at the time of retirement, it shall be limited to cases where 30 days have not passed since he or she retired, respectively. In such cases, inquiring about former careers shall follow the Regulations for Personnel Records, Statistics, and Handling of Personnel Affairs of Public Officials; |
| 2. | In cases of recruiting persons holding licenses related to the duties of the same type prescribed in Article 28 (2) 2 of the Act through competitive recruitment for career service positions, etc., such persons shall hold a license required for each class for which appointment is scheduled and meet the standards for careers, which are prescribed by the Decree on Public Officials Appointment Examinations; |
| 3. | In cases of offering an opportunity for competitive recruitment for career service positions, etc. prescribed in Article 28 (2) 3 of the Act, it shall recruit persons who have a career of working in the same class as the class for which appointment is scheduled for at least two years, or a working career or research career equivalent to the relevant class in a job area related to the position for which appointment is scheduled for at least three years, and meet the standards for careers equivalent to the rank for which appointment is scheduled, which are prescribed by the Decree on Public Officials Appointment Examinations; |
| 4. | A school referred to in Article 28 (2) 4 of the Act means various kinds of educational institutions established for the purpose of fostering public officials or for the purpose of fostering human resources in professional areas prescribed in statutes and regulations. In such cases, the Minister of Personnel Management shall determine types of various kinds of educational institutions and classes for which appointment is scheduled; |
| 5. | In cases of offering an opportunity for competitive recruitment for career service, etc. to recruit people to work in a special job area which the Minister of Personnel Management determines under Article 28 (2) 6 of the Act, such as sanitation, fatigue duty, identification, protection and security, or in a special environment, such as a mental hospital and a hospital for Hansen's disease, or in a special area, such as an island and a remote area, the rank for which the appointment is scheduled shall be Grade VIII of general service or below; |
| 6. | In cases of appointing a local public official as a State public official of the class and position thereof under Article 28 (2) 7 of the Act, the local public official shall not be a public official in a fixed term position; |
| 7. | In cases of offering an opportunity for competitive recruitment for career service positions, etc. to appoint a person who is appointed as a local public official by passing an open competitive recruitment examination for public officials of Grade V which was administered with the advance determination of the expected area of service or expected agency of service prescribed in Article 37 (2) of the Act as a State public official of the class thereof under Article 28 (2) 7 of the Act, such person shall be a person for whom three years (excluding the period of leave of absence, the period of a disposition of release from a position, and the period during which such public official did not perform a duty due to a disposition of duty suspension or demotion) have passed since he or she was appointed as a local public official for the first time: Provided, That the same shall not apply where positions are abolished or there occurs surplus staff as a result of the alteration or abolition of the office organization or the fixed number of personnel, etc. of the relevant local government; |
| 8. | In cases of offering an opportunity of competitive recruitment for career service positions, etc. prescribed in Article 28 (2) 8 of the Act, the rank for which appointment is scheduled shall be Grade IV of general service or below; |
| 9. | Persons eligible for competitive recruitment for career service positions, etc. referred to in Article 28 (2) 9 of the Act shall be graduates (including persons who have an educational background equivalent thereto) from high schools, junior colleges and universities (including graduate schools) which have been established under the Elementary and Secondary Education Act or the Higher Education Act who majored in agriculture, manufacturing industry, mining industry, fishery, ocean, health and hygiene, practical household affairs, urban planning or in studies closely related thereto, such as physics, chemistry and biology, or in music and fine art, or in history and archaeology or in studies closely related thereto, such as folklore. In such cases, the Minister of Personnel Management shall determine standards for selection, procedures for recommendation, and expected class of appointment; |
| 10. | In cases of offering an opportunity for competitive recruitment for career service positions, etc. to recruit a person who has a career of research or service in any scientific or technical field relevant to the position for which he or she is scheduled to be appointed under Article 28 (2) 10 of the Act or in the fields of statistics, computerization, overseas trade, environment, traffic and urban engineering or in other specialized fields of work determined by the competent Minister to be difficult to fill vacancies by the method of open competitive recruitment examinations, such person shall have a doctor's degree or master's degree and meet the required number of years of career by rank for which appointment is scheduled in attached Table 4; |
| 11. | In cases of offering an opportunity for competitive recruitment for career service positions, etc. to recruit a person who graduates from a school after studying on scholarship during his or her school days under Article 28 (2) 11 of the Act, such person shall not be a person for whom the payment of the scholarship has not been suspended on grounds attributable to him or her. In such cases, the Minister of Personnel Management shall determine the expected class of appointment; |
| 12. | In cases of offering an opportunity for competitive recruitment for career service positions, etc. to recruit a person who lives in a specific area for an agency located in such area prescribed in Article 28 (2) 12 of the Act, such person shall have lived in the Si (excluding Sis in which Gus are established) or Gun which is under the jurisdiction of the relevant agency or in which the relevant agency is located for at least five years before the date of a recruitment examination. In such cases, the rank to which such person is scheduled to be appointed shall be Grade VIII of general service or below, and the competent Minister shall determine the agency to which such person is scheduled to be appointed among agencies headed by public officials in general service of Grade IV or below; |
| 13. | In cases of appointing a person who has acquired the nationality of the Republic of Korea by obtaining permission for naturalization referred to in Articles 4 and 8 of the Nationality Act, or a North Korean refugee referred to in subparagraph 1 of Article 2 of the North Korean Refugees Protection and Settlement Support Act (hereinafter referred to as "North Korean refugee") under Article 28 (2) 13 of the Act, such person shall be a person for whom three years have passed since he or she acquired the nationality or established a registration of family relations. In such cases, the recruitment may be limited to persons who meet the requirements prescribed in subparagraphs 2, 3, and 10 and the scope of recruitment may be limited to the special job areas, environment or special areas the Minister of Personnel Management determines (hereinafter referred to as "special service"). |
| (2) | For persons falling under paragraph (1) 3, a period of three years (referring to five years in the case of employing public officials with severe disabilities and 10 years in the case of employing permanent public officials employed to work on an alternative work schedule, public officials in a temporary fixed term position, or those who have at least two minor children) shall not have passed after their retirement as of the date of the public announcement of an examination (in the case of an examination not administered for many eligible applicants referred to in the proviso, with the exception of the subparagraphs, of Article 28 (2) of the Act, the date of the notice of an examination plan). <Amended on Dec. 26, 2023> |
| (3) | The work experience prescribed in paragraph (1) 3 for persons who were State public officials or local public officials in career service shall be calculated as follows: <Amended on Dec. 16, 2013; Sep. 22, 2020> |
| 1. | In cases of services for a period exceeding the minimum number of years required for promotion in a class immediately subordinate to the class for which appointment is scheduled or in a class equivalent thereto, 1/2 of the excessive period of services within one year shall be added to the service records in the class for which appointment is scheduled; |
| 2. | A career of a person who was a permanent public official employed to work on an alternative work schedule or a public official in a fixed term position on an alternative work schedule shall be calculated in proportion to working hours. |
| (4) | Where the appointing authority or appointment-recommendation authority intends to appoint or recommend to appoint a local public official as a State public official pursuant to Article 28 (2) 7 of the Act, he or she shall obtain consent from the head of the local government (including the superintendent of education) to which he or she belongs or the chairperson of the relevant local council. <Newly Inserted on Sep. 22, 2020; Nov. 30, 2021> |
| (5) | The head of an examination administering agency shall obtain confirmation from the Minister of Unification as to working careers in North Korea, qualifications relevant to the area of recruitment, etc. of North Korean refugees who apply for competitive recruitment examinations for career service, etc. referred to in paragraph (1) 13, as determined by the Minister of Personnel Management. <Newly Inserted on Apr. 22, 2013; Nov. 19, 2014> |
| (6) | Notwithstanding paragraph (1), public officials in professional fixed term positions (including public officials in professional fixed term positions on an alternative work schedule; hereinafter the same shall apply) and public officials in temporary fixed term positions may be employed where they fall under Article 28 (2) 2, 3, or 10 of the Act, and the requirements for filing an application are as shown in attached Table 4-2: Provided, That where a competent Minister deems that it is impracticable to apply the requirement for filing an application in attached Table 4-2, he or she may determine different requirements for filing an application in consultation with the Minister of Personnel Management. <Newly Inserted on Nov. 20, 2013; Dec. 16, 2013; Nov. 19, 2014> |
| (7) | Where a former public official in professional service who retired at a regular retirement age is appointed as a public official in a general fixed term position or a public official in a professional fixed term position, he or she shall fall under Article 38 (2) 3 of the Act and shall meet the following requirements, notwithstanding paragraphs (1) and (6): <Newly Inserted on Jan. 31, 2017> |
| 1. | Where appointed as a public official in a general fixed term position: The person shall have at least two years’ work experience in a class equal to the class for which appointment is scheduled or in a class equivalent thereto; |
| 2. | Where appointed as a public official in a professional fixed term position: Requirements for filing an application as shown in attached Table 4-2: Provided, That where a competent Minister deems that it is impracticable to apply the requirement for filing an application in attached Table 4-2, he or she may determine different requirements for filing an application in consultation with the Minister of Personnel Management. |
[This Article Wholly Amended on Apr. 9, 1973]
[Title Amended on Jan. 26, 2012]
| Article 17 Deleted. <Dec. 30, 1978> |
| Article 18 (Appointment of Successful Applicants in Competitive Recruitment Examinations for Career Service) |
| (1) | When a public official is appointed through a competitive recruitment examination for career service positions, etc., no such public official shall be appointed to a position other than the position to which he or she is expected to be appointed when such examination is conducted, except in the following cases: <Amended on Dec. 27, 2022> |
| 1. | Where a public official of Grade V or below (including a public official corresponding thereto) who has been selected through an examination for a prescribed group of positions with the same duties for which the appointment is scheduled, is appointed to any of the positions belonging to such group of positions for which the appointment is to be scheduled as designated as at the time such examination is administered; |
| (a) | Where a public official selected through a competitive recruitment examination for career service, etc. which is administered after designating a job area (referring to a group of positions, the job types of which are considerably similar to one another; hereafter in this paragraph the same shall apply) is appointed to a position belonging to the job area designated as at the time such examination is administered; |
| (b) | Where a public official selected through a competitive recruitment examination for career service, etc. which is administered after designating a series of functional categories or sub-categories of jobs is appointed to a position belonging to the functional categories or sub-categories of jobs designated as at the time such examination is administered. |
| (2) | Where the number of the current staff members exceeds the fixed number of personnel when appointing successful applicants in competitive recruitment examinations for career service, etc. which the Minister of Personnel Management (in cases falling under Article 20-3, referring to the head of agencies conducting examinations) administered pursuant to Articles 3 (1) 4 and 5, 20-3, and 26 (3) of the Decree on Public Officials Appointment Examinations, the relevant agency shall be considered to have separate staff members as many as the excessive number of staff members until the number of the current staff members and the fixed number of personnel coincide. <Newly Inserted on Apr. 4, 2011; Jan. 26, 2012; Mar. 23, 2013; Nov. 19, 2014; Sep. 25, 2015; Nov. 18, 2015; Feb. 25, 2020> |
[This Article Newly Inserted on Sep. 14, 1977]
[Title Amended on Sep. 8, 2009; Jan. 26, 2012]
| Article 19 Deleted. <Dec. 11, 1971> |
| Article 20 Deleted. <Apr. 9, 1973> |
| Article 21 (Effective Period of Passing Scores for Competitive Recruitment Examinations for Career Service Positions) |
| (1) | The effective period of passing scores for competitive recruitment examinations for career service positions, etc. shall be one year: Provided, That the effective period of passing scores for an examination which is not conducted for many eligible applicants referred to in the proviso of Article 28 (2) of the Act shall be six months. <Amended on Jan. 26, 2012> |
| (3) | Articles 11, 12, 13 (1), and 14 shall apply mutatis mutandis to successful applicants in competitive recruitment examinations for career service positions, etc. the effective period of passing scores for which is two years under paragraph (2). <Amended on Jan. 26, 2012> |
[This Article Wholly Amended on Sep. 8, 2009]
[Title Amended on Jan. 26, 2012]
| Article 22 (Competitive Recruitment for Career Service Positions of Local Public Officials) |
| (1) | When appointing a local public official as a State public official, a person appointed as a local public official by passing an examination administered by the Minister of Personnel Management for the functional category for which appointment is scheduled at the time he or she is appointed as a local public official or at the time he or she is in service as a local public official shall be exempt from competitive recruitment examinations for career service positions, etc. <Amended on Jan. 26, 2012; Mar. 23, 2013; Nov. 19, 2014> |
| (2) | When a person who was a State public official in the first place is re-appointed to the functional category of the time he or she was in service as a State public official after being exchanged to be appointed as a local public official, he or she shall be exempt from competitive recruitment examinations for career service positions, etc. <Amended on Jan. 26, 2012> |
| (3) | A person shall be exempt from competitive recruitment examinations for career service positions, etc. in any of the following cases: <Amended on Jan. 26, 2012; Mar. 23, 2013; Nov. 20, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Appointing a local public official in general service as a State public official of the relevant class of the local government; |
| 2. | Appointing a local public official in general service who works for a City/Do or autonomous Gu/Si/Gun (excluding probationary public officials; hereafter in this paragraph the same shall apply) as a state public official of the relevant class of the Ministry of the Interior and Safety and the agencies belonging thereto; |
| 3. | Appointing a local public official in general service who works for the Office of Education of a City/Do or for an agency under control as a State public official of the relevant class of the Ministry of Education, the agency belonging thereto and other agencies in which the Minister of Education holds authority for appointment of or authority to recommend appointment of public officials under control. |
[This Article Wholly Amended on Sep. 8, 2009]
[Title Amended on Jan. 26, 2012]
| Article 22-2 (Competitive Recruitment for Career Service Positions of Public Officials in Foreign Service) |
When appointing a public official in foreign service as a public official in general service who has such similar duties as determined by the Minister of Personnel Management, such public official shall be exempt from competitive recruitment examinations for career service positions, etc. <Amended on Jan. 26, 2012; Mar. 23, 2013; Nov. 19, 2014; Sep. 22, 2020>
[This Article Wholly Amended on Sep. 8, 2009]
[Title Amended on Jan. 26, 2012]
| Article 22-3 (Employment of Local Talents on Recommendation) |
| (1) | A person to perform an internship pursuant to Article 26-4 (1) of the Act (hereinafter referred to as "intern") shall be selected according to the methods classified below: <Amended on Mar. 30, 2012; Mar. 23, 2013; Nov. 20, 2013; Nov. 19, 2014; Sep. 25, 2015; Nov. 30, 2021> |
| 1. | The Minister of Personnel Management shall select graduates (applicable only to persons who graduate within a period designated by the Minister) or soon-to-be graduates from schools the Minister determines among schools prescribed in the subparagraphs of Article 2 of the Higher Education Act in which curricula for bachelor's degrees are established and those established under other statutes, who are recommended by the principals of the relevant schools by taking public officials of Grade VII in general service as the expected rank of appointment; |
| 2. | The Minister of Personnel Management shall select graduates (applicable only to persons who graduate within a period designated by the Minister) or soon-to-be graduates from schools the Minister determines among high schools established under Article 2 of the Elementary and Secondary Education Act, schools prescribed in the subparagraphs of Article 2 of the Higher Education Act in which curricula for junior college graduates' degrees are established, and those established under other statutes, who are recommended by the principals of the relevant schools by taking public officials of Grade IX in general service as the expected rank of appointment; |
| 3. | Deleted; <Nov. 20, 2013> |
| (2) | An internship of an intern whose expected rank of appointment is Grade VII shall last for one year from the date on which he or she begins to perform the internship (including education and training necessary to perform duties; hereinafter the same shall apply) and an internship of an intern whose expected rank of appointment is Grade IX of general service shall last for six months from the date on which he or she begins to perform the internship: Provided, That in special circumstances, such as an unfaithful working attitude of an intern, the competent Minister may extend the duration of internship of the relevant intern by up to six months. <Amended on Jun. 15, 2010; Mar. 30, 2012; Nov. 20, 2013; Dec. 16, 2013; Nov. 19, 2014; Sep. 25, 2015; Nov. 30, 2021> |
| (3) | The Minister of Personnel Management may entrust a person who is selected as an intern pursuant to paragraph (1) to public officials' educational institutions of each level, general educational institutions or other administrative agencies for education and training (including practical training) necessary to perform duties for a specified period. <Amended on Mar. 23, 2013; Nov. 19, 2014; Sep. 25, 2015> |
| (4) | The Minister of Personnel Management shall designate an agency in which interns will perform the internship, in consideration of scholastic performance, major field of study, career, aptitude, etc. of interns, and the number of vacancies and expected number of vacancies of each agency. <Amended on Jun. 15, 2010; Mar. 23, 2013; Nov. 19, 2014; Sep. 25, 2015> |
| (5) | A competent Minister shall direct and supervise the job performance of interns, and where an intern shows poor performance in his or her professional duties or education and training, he or she may suspend such intern from performing the internship before the duration of internship expires after consultation with the Minister of Personnel Management. <Amended on Mar. 23, 2013; Nov. 19, 2014; Sep. 25, 2015> |
| (6) | Taking into account the records of work performance, performance in education and training, and results of evaluation of capabilities of an intern, the competent Minister shall consult with the Minister of Personnel Management on whether to appoint such intern as a public official of the expected rank of appointment no later than one month prior to the expiry of the duration of internship. <Amended on Mar. 23, 2013; Nov. 19, 2014; Sep. 25, 2015> |
| (8) | When the number of the current staff members exceeds the fixed number of personnel as a competent Minister appoints interns, the relevant agency shall be considered to have separate staff members as many as the excessive number of staff members until the number of the current staff members and the fixed number of personnel coincide. <Amended on Jan. 26, 2012; Sep. 25, 2015> |
| (9) | An intern may be paid an amount equivalent to salary step 1 of the expected class of appointment for the duration of internship within the budget. <Amended on Sep. 25, 2015> |
| (10) | The Minister of Personnel Management may formulate and promote necessary measures so that men and women may have an equal opportunity of internships. <Amended on Mar. 23, 2013; Nov. 19, 2014; Sep. 25, 2015> |
| (11) | The Minister of Personnel Management, competent Ministers, or heads of education and training institutions may, if unavoidable for the recommendation and selection, education and training, and personnel management of local talented persons under this Decree, manage information on heath referred to in Article 23 of the Personal Information Protection Act or data including resident registration numbers referred to in subparagraph 1 of Article 19 of the Enforcement Decree of the same Act. <Newly Inserted on Jun. 30, 2014; Nov. 19, 2014> |
| (12) | The Minister of Personnel Management shall determine matters necessary for the recommendation and selection, personnel management, payment of remunerations, method of appointment, etc. of interns, other than the matters provided for in paragraphs (1) through (11). <Amended on Mar. 23, 2013; Jun. 30, 2014; Nov. 19, 2014; Sep. 25, 2015> |
[This Article Wholly Amended on Sep. 8, 2009]
[Title Amended on Nov. 20, 2013]
| Article 22-4 (Procedures for Appointment of Public Officials in Fixed Term Positions) |
| (1) | The appointing authority or appointment-recommendation authority may appoint public officials in fixed term positions within the scope of the fixed number of personnel (limited to the appointment of public officials in general fixed term positions) and the budget. In such cases, where a head of an agency who is not a competent Minister appoints public officials in general fixed term positions and public officials in temporary fixed term positions, he or she shall notify the competent Minister of such fact, and where he or she intends to appoint public officials in professional fixed term positions, he or she shall obtain approval from the competent Minister. |
| (2) | Where a competent Minister is notified of the fact of appointing public officials in fixed term positions or appointing public officials in general fixed term positions and public official in a temporary fixed term position and approves the appointment of public officials in professional fixed term positions under paragraph (1), he or she shall notify the Minister of Personnel Management of such fact without delay. <Amended on Nov. 19, 2014> |
| (3) | Where a competent Minister intends to appoint a public official in a professional fixed term position or to approve the appointment of a public official in a professional fixed term position, he or she shall determine the following matters in advance. In such cases, he or she shall consult with the Minister of the Interior and Safety on the matters in subparagraphs 1 through 3: <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Necessity of the business; |
| 2. | Detailed duties relating to the position for which appointment is scheduled; |
| 3. | Number of persons, grades and period of appointment; |
| 4. | Qualifications for appointment; |
| 5. | Plan for public notice; |
| 6. | Conditions of appointment. |
| (4) | In cases of appointing faculty members of universities, researchers of research institutes, or executive officers and employees of public institutions as public officials in fixed term positions according to a personnel exchange plan referred to in Article 32-2 of the Act, advance consultations referred to in Article 3 of the Decree on Public Officials Appointment Examinations, competitive recruitment examinations for career service positions, etc. referred to in Article 29 of the same Decree, public notices referred to in Article 47 of the same Decree, and checking, etc. referred to in Article 49-2 of the same Decree may be omitted. <Amended on Dec. 16, 2013> |
| (5) | Emergency preparedness officers employed under Article 12-2 (1) 2 of the Act on Emergency Preparedness by central administrative agencies, local administrative agencies belonging thereto, agencies belonging to the President, and agencies belonging to the Prime Minister; and persons in charge of business areas selected by the Minister of Personnel Management (hereinafter referred to as "emergency preparedness officers, etc.") shall be appointed as public officials in general fixed term positions or officials of professional career. In such cases, the Minister of Personnel Management shall separately determine ranks of appointment or equivalent ranks, procedures of appointment, requirements for qualification, etc. <Amended on Nov. 19, 2014; Dec. 26, 2023> |
| (6) | An official of professional career may be appointed as a public official in a general fixed term position only when falling under any of the following cases: <Amended on Oct. 10, 2023> |
| 1. | Filling vacancies referred to in Article 43 (1) through (3) of the Act; |
| 2. | Employing a person for a position related to lecturing and research. |
| (7) | If necessary for the appointment of public officials in a fixed term position, the appointing authority or appointment-recommendation authority may receive recommendations on qualified persons for the relevant position from the Minister of Personnel Management under Article 6-2 (1) 1 of the Regulations on Collection and Management of Information on Candidates for Public Office. <Newly Inserted on Aug. 30, 2023> |
[This Article Newly Inserted on Nov. 20, 2013]
| Article 22-5 (Period of Service of Public Officials in Fixed Term Positions) |
| (1) | The period of service of public officials in fixed term positions shall be a period necessary to perform the relevant duties within five years: Provided, That the period of service of public officials in temporary fixed term positions shall be a period necessary to perform duties on behalf of others within one year and six months. <Amended on Nov. 18, 2015> |
| (2) | Where the appointing authority or a person with the authority to recommend appointment deems it necessary to extend the period of service as the relevant business which caused the appointment of a public official in a professional fixed term position continues or fails to be terminated within the period of service due to inevitable causes, he or she may extend the period of service without undergoing the procedures for public notice referred to in Article 47 (2) of the Decree on Public Officials Appointment Examinations unless the total period of service exceeds five years. In such cases, the latter part of Article 22-4 (1) and paragraph (3) of that Article shall apply mutatis mutandis to approval of competent Ministers and consultations with the Minister of the Interior and Safety. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Where a public official who is appointed as a public official in a general fixed term position shows a good performance or there exists any special ground to have such public official continue to work, the appointing authority or the person with the authority to recommend appointment may extend the period of service without undergoing the procedures for public notice referred to in Article 47 (2) of the Decree on Public Officials Appointment Examinations unless the total period of service exceeds five years. In such cases, where a head of an agency who is not a competent Minister extends the period of service, the latter part of Article 22-4 (1) shall apply mutatis mutandis to serving a notice to the competent Minister. |
| (4) | Where a public official who is appointed as a public official in a temporary fixed term position shows a good performance or there exists any special ground to have such public official continue to work, the appointing authority or the person with the authority to recommend appointment may extend the period of service unless the total period of service exceeds one year and six months. In such cases, where the head of an agency who is not a competent Minister extends the period for service, the latter part of Article 22-4 (1) shall apply mutatis mutandis to serving a notice to the competent Minister. <Amended on Nov. 18, 2015> |
| (5) | Notwithstanding paragraphs (1) and (3), the period for service of emergency preparedness officers, etc. who are appointed as public officials in fixed term positions pursuant to Article 22-4 (5) shall be the period determined by the Minister of Personnel Management. <Amended on Nov. 19, 2014> |
| (6) | Notwithstanding paragraphs (2) and (3), where a public official in a fixed term position (excluding a public official in a temporary fixed term position and a public official in a fixed term position appointed under Article 16 (7)) whose total period of service is five years shows an outstanding performance, the period for service may be extended for a certain period within five years exceeding the total period for service of five years without undergoing public notice procedures prescribed in Article 47 (2) of the Decree on Public Officials Appointment Examinations. In such cases, where the head of an agency who is not the competent Minister of a public official in a fixed term position grants an extension of the period for service, the latter part of Article 22-4 (1) shall apply mutatis mutandis to giving notification to the competent Minister or his or her prior approval, and paragraph (3) of that Article shall apply mutatis mutandis to consultations with the Minister of the Interior and Safety following an extension of the period for service of a public official in a professional fixed term position. <Newly Inserted on Nov. 18, 2015; Jan. 31, 2017; Jul. 26, 2017> |
[This Article Newly Inserted on Nov. 20, 2013]
| Article 22-6 (Maximum Working Age of Public Officials in Career Service Transferred or Promoted and Appointed to Public Official in Fixed Term Position) |
| (1) | Where a public official in career service, who is not a public official in a fixed term position, becomes a public official in a fixed term position as a result of transfer or promotion to a position with a term of office, his or her maximum working age shall be 60 years. <Amended on Sep. 25, 2015> |
| (2) | A public official who falls under paragraph (1) shall ipso facto retire on June 30 if he or she reaches the maximum working age during the period from January to June, and on December 31 if during the period from July to December. |
[This Article Newly Inserted on Nov. 20, 2013]
[Title Amended on Sep. 25, 2015]
Section 3 Probationary Appointment
| Article 23 (Probationary Appointment) |
| (1) | A appointing authority shall always direct and supervise public officials during the period of probationary appointment as to the state of work performance. <Amended on Sep. 8, 2009> |
| (2) | Where the appointing authority or the appointment-recommendation authority intends to appoint or recommend the appointment of a public official during the period of probationary appointment as a regular public official, or to dismiss or recommend the dismissal of such public official pursuant to Article 29 of the Act, a resolution shall be adopted by the appointment examination committee. |
| (3) | Where an appointment examination committee intends to pass a resolution to appoint or recommend the appointment of a public official during the period of probationary appointment as a regular public official pursuant to paragraph (2), it shall evaluate the service records, marks in education and training, work attitude, attitude toward civil service, etc. of the relevant public official. |
| (4) | Where the appointing authority or the appointment-recommendation authority considers a public official during the period of probationary appointment unsuitable for appointment as a regular public official due to falling under any of the following, he or she may dismiss or recommend the dismissal of the relevant public official pursuant to Article 29 (3) of the Act: |
| 1. | Where marks obtained in education and training pursuant to the former part of Article 24 (1) fall short of standards for completion; |
| 2. | Where the public official is expelled from school for grounds other than a disease, military service or other unavoidable circumstances that prevent him or her from continuing education and training during the period thereof under the former part of Article 24 (1); |
| 3. | Where it is deemed impracticable to expect the public official to conscientiously perform duties due to poor service records or marks obtained in education and training; |
| 4. | Where he or she is deemed lacking in qualifications as a public official, thereby seriously impairing the dignity of a public official; |
| 5. | Where he or she commits irregularities constituting grounds for a severe disciplinary action (referring to dismissal from office, discharge from office, degradation, or suspension from office), in violation of the Act or an order issued under the Act; |
| 6. | Where he or she commits irregularities constituting grounds for a light disciplinary action (referring to salary reduction or reprimand) at least two times, in violation of the Act or an order issued under the Act. |
[This Article Wholly Amended on Dec. 26, 2023]
| Article 24 (Training of Probationary Public Officials or Persons to Be Probationary Public Officials) |
| (1) | The appointing authority or a person authorized to recommend candidates for employment provided for in Article 39 of the Act may have probationary public officials or persons to be probationary public officials receive education and training (including practical training) which are necessary for performance of duties for a specific period by entrusting them to public officials' educational institutions, general educational institutions or other administrative agencies. In such cases, money, etc. may be paid to persons to be probationary public officials in an amount (80 percent of such amount, in cases of a period for education and training) equivalent to the salary amount of salary step 1 of the expected class of appointment within the budget for the duration of training. <Amended on Jan. 10, 2011; Dec. 29, 2017> |
| (2) | The appointing authority or the Minister of Personnel Management shall formulate and implement plans for training and practical training of probationary public officials. <Amended on Mar. 23, 2013; Nov. 19, 2014> |
[This Article Wholly Amended on Sep. 8, 2009]
| Article 25 (Exemption from Probationary Appointment and Reduction of Period for Probationary Appointment) |
| (1) | Where a public official to be appointed as a probationary public official receives education and training for a period pursuant to Article 24, he or she may be exempt from probationary appointment, depending on such period, or the period of probationary appointment may be reduced. <Amended on Jun. 24, 2016> |
| (2) | Where a person falls under any of the following, he or she shall be exempt from probationary appointment: <Amended on Jun. 15, 2010; Nov. 20, 2013; Sep. 25, 2015; Dec. 29, 2017; Jul. 3, 2018> |
| 1. | Where a person who held office in excess of the minimum number of years required for promotion prescribed in Article 31 and does not fall into the grounds for restrictions on promotion prescribed in Article 32 is appointed by passing a recruitment examination relevant to the expected rank of promotion; |
| 2. | Where a person (in cases of a person who only works as a public official in a fixed term position, it shall be limited to cases where the person works for the period over the period of probationary appointment by rank pursuant to Article 29 (1) of the Act) who was a full-time State public official in general service or local public official in general service is appointed to the rank of the time of retirement (including the class equivalent to that of appointment determined by the Minister of Personnel Management; hereafter in this subparagraph the same shall apply) or to a rank subordinate thereto; |
| 3. | Where an intern is appointed as a public official of Grade VI (in cases of public officials in postal service, referring to Grade III in postal service) or lower class pursuant to Article 26-4 (1) of the Act; |
| 4. | Where a person is appointed as a public official in a fixed term position. |
[This Article Wholly Amended on Sep. 8, 2009]
| Article 26 Deleted. <Jun. 10, 1981> |
| Article 27 Deleted. <Jun. 10, 1981> |
| Article 27-2 Deleted. <Jun. 10, 1981> |
| Article 27-3 Deleted. <Jun. 10, 1981> |
| Article 28 Deleted. <Jun. 10, 1981> |
| Article 28-2 Deleted. <Jun. 10, 1981> |
| Article 29 (Requirements for Change of Occupation) |
| (1) | The appointing authority may transfer public officials under his or her under control through examinations for change of occupation, in any of the following cases: <Amended on Nov. 20, 2013; Jan. 5, 2021> |
| 1. | Changing occupation of persons who have work careers or education and training careers relevant to the duties of the expected positions of change of occupation to at least six months, persons who have completed specialized school education relevant to the duties in charge, and persons who have certificates of qualification certified by the State to positions of rank equal or equivalent to the current rank; |
| 2. | Where it is necessary to adjust the number of staff of the relevant job due to the alteration or abolition of the office organization or the fixed number of personnel; |
| 3. | Promoting persons who hold office in the highest class of the relevant functional category or persons who work in a position for which there is no position of superior class in the same functional category within the agency; |
| 4. | Changing occupation to a functional category in which a position was formerly held (in cases of persons whose position is changed under Article 15, including the expected functional category of appointment). |
| (3) | No public official employed through any of the following competitive recruitment examinations for career service positions, etc. shall change his or her occupation for the periods classified as follows (excluding the period of leave of absence, the period of a disposition of release from a position, and the period during which such public official did not perform a duty due to a disposition of duty suspension or degradation) from the date on which he or she is appointed for the first time: Provided, That the foregoing shall not apply to cases where there are any changes to the rules of the organization or the fixed number of personnel: <Amended on Jan. 26, 2012; Apr. 22, 2013; Nov. 18, 2015; Nov. 5, 2019> |
| 1. | A public official employed through a competitive recruitment examination for career service positions, etc. pursuant to Article 28 (2) 2 through 4 and 9 through 11 of the Act: Four years: Provided, That where his or her occupation is changed to a position of Grade IV or lower in the series of administrative jobs, referring to six years; |
| 2. | A public official employed through a competitive recruitment examination for career service positions, etc. prescribed in Article 28 (2) 6, 8, and 12 of the Act: Five years; |
| 3. | Of public officials employed through competitive recruitment examinations for career service positions, etc. prescribed in Article 28 (2) 13 of the Act, a public official employed on the ground of satisfying the requirements prescribed in Article 16 (1) 2, 3, and 10: Four years: Provided, That where his or her occupation is changed to a position of Grade IV or lower in the series of administrative jobs, referring to six years; |
| 4. | Of public officials employed through competitive recruitment examinations for career service positions, etc. prescribed in Article 28 (2) 13 of the Act, public officials employed with the intention of engaging in special services prescribed in the latter part of Article 16 (1) 13: Five years. |
[This Article Wholly Amended on Sep. 8, 2009]
| Article 30 (Exemption from Examinations for Transfer) |
No examination for transfer shall be required in the following cases: <Amended on Mar. 23, 2013; Nov. 19, 2014; Aug. 30, 2023>
| 1. | Transferring to the functional category in which a position was formerly held (the status of a public official shall not be suspended, and in cases of persons whose position is changed under Article 15, including the expected functional category of employment): Provided, That the transfer after a public official of Grade VI or below is appointed as a public official of Grade V or above, a senior research official or senior technical advisory official shall be excluded; |
| 2. | Deleted; <Nov. 20, 2013> |
| 3. | Of the change of occupation referred to in Article 29 (1) 2, cases where only names of classes are changed without any change to duties in the same functional group; |
| 4. | Changing occupation of a person who has a certificate of qualifications the Minister of Personnel Management determines to a class equivalent to such certificate of qualifications; |
| 5. | Transferring between positions of public officials who fall into the administrative functional category and public officials who fall into the auditing functional category in attached Table 1, and transferring public officials who fall into the research functional category, the duties of which determined by the Minister of Personnel Management are similar to the positions of public officials who fall into the scientific and technical functional category. |
[This Article Wholly Amended on Sep. 8, 2009]
| Article 31 (Minimum Number of Years Required for Promotion) |
| (1) | A public official who desires to get a promotion shall hold office in the relevant rank for periods classified as follows: <Amended on Nov. 20, 2013; Nov. 18, 2015; Dec. 26, 2023> |
| 1. | Public officials in general service (excluding public officials in postal service): |
| (a) | Classes IV and V: At least three years; |
| (b) | Class VI: At least two years; |
| (c) | Classes VII, VIII, and IV: At least one year; |
| 2. | Public officials in postal service: |
| (a) | Postal Class II: At least three years; |
| (b) | Postal Classes III, IV, V, and VI: At least one year and six months; |
| (c) | Postal Classes VII, VIII, and IV: At least one year. |
| (2) | The periods prescribed in paragraph (1) shall not include periods of leave of absence, periods of release from a position, periods of disciplinary actions, and periods of restrictions on promotion which are referred to in Article 32: Provided, That the following periods shall be included in the periods prescribed in paragraph (1): <Amended on Mar. 7, 2011; Feb. 5, 2014; Nov. 18, 2015; Jun. 24, 2016; Jan. 31, 2017; Jul. 3, 2018; Dec. 29, 2020; Oct. 10, 2023; Dec. 26, 2023> |
| 1. | The following periods during leave of absence referred to in Article 71 of the Act: |
| (a) | A leave of absence due to a disease or injury in the line of duty falling under any item of subparagraph 1 of Article 72 of the Act among different types of medical leave, and a leave of absence under Article 71 (1) 3, 5, 6, or (2) 1 of the Act: The period of such leave of absence; |
| (b) | A leave of absence referred to in Article 71 (2) 2 of the Act: The period equivalent to 50 percent of the period of such leave of absence: Provided, That periods included in the periods prescribed in paragraph (1) shall not exceed one year; |
| (c) | A leave of absence referred to in Article 71 (2) 4 of the Act (hereinafter referred to as "child care leave"): The period of such leave of absence: Provided, That if the aggregate of the periods of leave of absence for one child exceeds one year, the first one year, and the entire period of leave of absence for any of the following cases: |
| (i) | Where both of the parents take a leave of absence for the first child and each period of leave of absence exceeds the period determined by the Minister of Personnel Management; |
| (ii) | In cases of a leave of absence from a second child or any subsequent child; |
| 2. | The following periods among the periods of release from a position prescribed in Article 73-3 (1) of the Act: |
| (a) | Where a person who is subjected to release from a position pursuant to Article 73-3 (1) 3 of the Act falls under any of the following, the period of such release from a position: |
| (i) | Where the competent disciplinary committee passes a resolution deciding not to impose disciplinary actions, in response to a request for passing a resolution demanding disciplinary actions against the relevant pubic official; |
| (ii) | Where release from a position or disciplinary actions with a request for passing a resolution demanding disciplinary action which constitutes grounds for release from a position become invalidated or revoked through a decision of the appeals committee or the ruling of the court; |
| (b) | Where a person who was subjected to release from a position pursuant to Article 73-3 (1) 4 of the Act is found not guilty on a criminal case that constitutes grounds for such release from a position through the decision of the court, the period of such release from a position; |
| (c) | Where a public official who was subjected to release from a position pursuant to Article 73-3 (1) 6 of the Act falls under both of subitems (i) and (ii), the period of release from a position prescribed in that subparagraph: |
| (i) | Where a request for passing a resolution demanding disciplinary actions or disciplinary action against a public official who was subject to release from a position pursuant to Article 73-3 (1) 6 of the Act falls under any of the following: |
| (ii) | Where the result of an examination or investigation of irregularities which have become the cause of release from a position prescribed in Article 73-3 (1) 6 of the Act falls under any of the following: |
| (d) | Deleted; <Jun. 24, 2016> |
| 2-2. | A period from the date of requesting a disciplinary action or date of requesting a disciplinary resolution to the date preceding the date of a disciplinary action: Provided, That periods overlapped with the period of release from a position shall be excluded herefrom; |
| 3. | A period of probationary appointment. |
| (3) | Notwithstanding paragraphs (5), (6), and (8) through (11), the period under paragraph (1) shall not include the period of leave of absence, the period of release from a position, the period of disciplinary actions, and the period of restriction on promotion from the former status, in any of the following cases: Provided, That a period equivalent to the period specified in the subparagraphs of paragraph (2) from the former status shall be included in the period specified in paragraph (1), as determined by the Minister of Personnel Management: <Newly Inserted on Dec. 27, 2022> |
| 1. | Where a public official subject to statutes different from those governing public officials under this Decree is appointed as a public official under this Decree after his or her retirement; |
| 2. | Where a public official under this Decree is appointed as a public official under this Decree again after his or her retirement. |
| (4) | Where a person degraded or demoted is promoted to the original rank, the period before the degradation or demotion shall be counted in the number of years of service. |
| (5) | Where a State or local public official who has retired is appointed to a rank equal to or below the rank of the time of retirement, the period in which he or she held office in ranks equal to or above the class of the time of re-appointment among the period of service before retirement shall be added to the number of years of service in the rank of the time of re-appointment, on condition that the period of service from the date of re-appointment be limited to 10 years. In such cases, where a person who was a high-ranking official is appointed as a public official of Grade IV or below after retirement, the period of holding office as a high-ranking official shall be added to the number of years of service in the rank of the time of re-appointment. |
| (6) | In cases of re-appointing a public official in general service who retired to become a public official in non-career service or public official in career service of other type as a public official in general service of the class of the time of retirement prescribed in Article 28 (2) 1 of the Act, the careers before the reappointment as a public official in non-career service engaging in special duties determined by the Minister of Personnel Management or as a public official in career service of other types shall be included in the periods in paragraph (1). In such cases, the careers as a public official in non-career service or as a public official in career service of other types of rank equivalent to classes higher than the rank of reappointment shall be included only in the period of service in the class of reappointment. <Amended on Mar. 23, 2013; Nov. 20, 2013; Nov. 19, 2014> |
| (7) | Where a public official in research service and extension service is appointed as another public official in general service, the period of service as such public official in research service and extension service may be included in the number of years required for promotion of the relevant class according to the following classifications: <Amended on Mar. 23, 2013; Nov. 19, 2014> |
| 1. | Senior research officials and senior technical advisory officials: |
| (a) | Appointment as public officials of Grade IV or above: The period the Minister of Personnel Management recognizes to be equivalent to the class of appointment based on the details, difficulty, degree of responsibility, etc. of duties in charge within the scope of the period of service as senior research officials and senior technical advisory officials; |
| (b) | Appointment as public officials of Grade V: The period of service as senior research officials and senior technical advisory officials; |
| 2. | Researchers and technical advisors: |
| (a) | Appointment as public officials of Grade VI: The period the Minister of Personnel Management recognizes to be equivalent to the class of appointment based on the details, difficulty, degree of responsibility, etc. of duties in charge within the scope of the period of service as researchers and technical advisors; |
| (b) | Appointment as public officials of Grade VII or below: The period of service as researchers and technical advisors. |
| (8) | Where a public official in foreign service is employed as a public official in general service through a competitive recruitment examination for career service positions, etc., the period of service as a public official in foreign service may be included in the periods prescribed in paragraph (1), depending on the corresponding classes prescribed in Article 46 of the Decree on Appointment of Foreign Service Officials. In such cases, the period of work as a high-ranking official of the public official in foreign service shall be added to the number of years of service in the class of employment through a competitive recruitment examination for career service positions, etc. <Amended on Jan. 26, 2012> |
| (9) | Where an official of professional career, a public official in a fixed term position, public official in special service or public official in extraordinary civil service is appointed as a public official in general service after retirement, the period of holding office as an official of professional career, public official in a fixed term position, public official in special service or public official in extraordinary civil service of rank equivalent to or above the relevant rank may be included in the periods prescribed in paragraph (1), as determined by the Minister of Personnel Management. <Amended on Mar. 23, 2013; Nov. 20, 2013; Nov. 19, 2014> |
| (10) | Periods of training as judicial trainees of the Judicial Research and Training Institute referred to in Article 72 of the Court Organization Act shall be included in the number of years required for promotion to public officials in general service of Grade IV or below referred to in paragraph (1). |
| (11) | Periods of working as permanent public officials employed to work on an alternative work schedule, and public officials who have converted to an alternative work schedule referred to in Article 57-3 shall be included in the periods prescribed in paragraph (1) in proportion to working hours: Provided, That periods of work in the relevant ranks of public officials who have converted to an alternative work schedule referred to in Article 57-3 shall be entirely included in the periods prescribed in paragraph (1) within one year, but the period of work after being designated as a public official converting to an alternative work schedule instead of taking a child care leave shall be entirely included therein by up to three years from the case of a second child. <Amended on Dec. 16, 2013; Dec. 29, 2017; Oct. 10, 2023> |
| (12) | Periods of working in degraded or demoted ranks or above of persons degraded or demoted shall be added to the number of years of service in the degraded or demoted rank. |
| (13) | Where a public official in professional service is appointed as a public official in general service, the period of service as such public official in professional service may be included in the number of years required for promotion of the relevant rank according to the following classifications: <Newly Inserted on Jan. 10, 2017> |
| 1. | Appointment as public officials of Grade III or IV: The period the Minister of Personnel Management recognizes to be equivalent to the class of appointment based on the details, difficulty, degree of responsibility, etc. of duties in charge within the scope of the period of service as senior professional officials; |
| 2. | Appointment as public officials of Grade V: The period of service as professional officials. |
| (14) | Notwithstanding paragraph (5) of this Article, where a State public official is appointed under Article 28 (2) 7 of the Act, his or her tenure of office to be added to the number of years of service shall not be limited. <Newly Inserted on Dec. 27, 2022> |
| (15) | Where a local public official demoted under Article 65-4 (1) of the Local Public Officials Act to be appointed as a State public official is promoted to the original rank after being appointed as a State public official pursuant to Article 28 (2) 7 of the Act, the period before demotion when he was a local public official shall be added to the number of years of service. <Newly Inserted on Dec. 27, 2022> |
[This Article Wholly Amended on Sep. 8, 2009]
| Article 32 (Restrictions on Promotion) |
| (1) | None of the following public officials shall get a promotion: <Amended on Jun. 15, 2010; Dec. 16, 2013; Nov. 18, 2015; Dec. 29, 2017; Sep. 18, 2018; Nov. 5, 2019; Oct. 10, 2023> |
| 1. | Where a request for disciplinary actions, request for a disciplinary resolution, disciplinary actions, release from a position, leave of absence (excluding special promotion prescribed in Article 35-2 (1) 4 or 5 of persons on leave of absence due to any diseases or injuries in line of duty prescribed in the Public Officials' Accident Compensation Act during a medical leave) or probationary appointment are under way; |
| 2. | Where the following periods (in cases of disciplinary actions due to grounds which constitute any of the subparagraphs of Article 78-2 (1) of the Act and disciplinary actions following passive administrative services, driving under influence (including cases of refusal to take a breath test), sexual violence, sexual harassment and commercial sex acts, periods to which six months are added, respectively) have not passed from the date when the execution of disciplinary actions is terminated: |
| (a) | Degradation and suspension from a duty: 18 months; |
| (b) | Salary reduction: 12 months; |
| (c) | Reprimand: Six months. |
| (2) | Where a public official governed by other statutes, unlike public officials governed by this Decree with respect to disciplinary actions, becomes a public official governed by this Decree, if such public official was subject to a disposition of degradation in the former status, he or she shall not be promoted for 18 months from the date on which such disposition is terminated, and if subject to probation, military discipline, or other disciplinary actions similar thereto, he or she shall not be promoted for six months from the date when such dispositions are terminated. <Amended on Sep. 22, 2020> |
| (3) | A period of restrictions on promotion of a person who becomes subject to a disciplinary action again while he or she undergoes a period of restrictions on promotion prescribed in paragraph (1) or (2) shall be calculated from the date when the period of restrictions concerning the preceding disposition terminates, and where a person who undergoes a period of restrictions on promotion due to a disciplinary action takes a leave of absence or is subject to a disposition of release from a position, the remaining period of restrictions on promotion caused by the disciplinary action shall be calculated from the date when he or she is reinstated in the service. <Amended on Sep. 22, 2020> |
| (4) | Where a public official is awarded a medal, medal of merit, exemplary public official's reward, or commendation by the Prime Minister or above, or wins a prize as his or her proposal is adopted and implemented after being subject to disciplinary actions, 1/2 of the period of restrictions on promotion provided for in paragraphs (1) 2 and (2) may be reduced only for the heaviest disciplinary action taken recently against him or her. |
[This Article Wholly Amended on Sep. 8, 2009]
| Article 32-2 Deleted. <Jun. 10, 1981> |
| Article 33 (Promotion to Public Officials of Grade IV and Public Officials of Grade VI or Below) |
| (1) | In cases of promoting public officials of Grade V and public officials of Grade VII or below (in cases of public officials in postal service, referring to public officials of postal Grade IV or below; hereafter in this Article the same shall apply), such public officials shall be appointed through promotion screening by an ordinary promotion screening committee referred to in Article 40-3 (2) of the Act (hereinafter referred to as "ordinary promotion screening committee") which screens persons who fall within the scope provided in attached Table 5 in the number of vacancies to be filled in the order of high priority in the register of candidates for promotion of the relevant agency. <Amended on Nov. 20, 2013; Sep. 22, 2020> |
| (2) | Where a competent Minister intends to promote a public official of Grade VII or below under paragraph (1), he or she may conduct written examinations or practical examinations. <Amended on Nov. 20, 2013> |
| (3) | Deleted. <Jan. 26, 2012> |
[Title Amended on Sep. 22, 2020]
| Article 33-2 (Preferential Treatment for Promotion of Public Officials Raising Several Children) |
Where the competent Minister intends to promote public officials of Grade VIII or lower, he or she may take measures necessary for providing preferential treatment to public officials who are raising several children, as determined by the Minister of Personnel Management.
[This Article Newly Inserted on Dec. 26, 2023]
| Article 34 (Promotion to Public Officials of Class V) |
| (1) | In cases of promoting public officials of Grade VI to public officials of Grade V (in cases of public officials in postal service, referring to promoting public officials of postal Grade III to public officials of postal Grade II), promotion examinations or screening by an ordinary promotion screening committee shall be administered. <Amended on Nov. 20, 2013> |
| (2) | A competent Minister may select and designate any of the following methods in promoting public officials of Grade VI (in cases of public officials in postal service, referring to postal Grade III) referred to in paragraph (1) by the unit of persons with the appointment authority and expected class of promotion or change such methods. In such cases, the changed method of promotion shall apply one year thereafter, and where promotion examinations and screening by a promotion screening committee are administered concurrently, he or she shall endeavor to maintain an adequate ratio therebetween: <Amended on Mar. 23, 2013; Nov. 20, 2013; Nov. 19, 2014; Dec. 27, 2022> |
| 1. | Promotion by means of promotion examinations; |
| 2. | Promotion by means of screening by an ordinary promotion screening committee; |
| 3. | Promotion by means of promotion examination for some persons eligible for promotion and by means of screening by an ordinary promotion screening committee for some persons eligible for promotion. |
| (3) | Where it is intended to undergo screening by an ordinary promotion screening committee prescribed in paragraph (1) (including concurrent implementation of promotion examinations and screening by an ordinary promotion screening committee under paragraph (2) 3), persons eligible for screening shall be selected in the order of high priority in the register of candidates for promotion among persons who are public officials of Grade V three days prior to the date the ordinary promotion screening committee is to be held and fall within the scope provided in attached Table 5 in the aggregate number of vacancies and expected vacancies. <Amended on Sep. 22, 2020> |
| (4) | A competent Minister shall determine the total number of vacancies referred to in paragraph (3) (including the number of staff members of special promotion in Article 35-2 (1) 1 through 3) according to the personnel management plan referred to in Article 8, on the condition that he or she shall endeavor to maintain an adequate balance between the number of public officials in general service of Grade V or above to be employed through open competitive recruitment and the number of persons to be employed through competitive recruitment, etc. for career service positions of the relevant agency. <Amended on Jan. 26, 2012> |
| (5) | Screening by an ordinary promotion screening committee for the total vacancies referred to in paragraph (3) shall be implemented by agency or by class. <Amended on Mar. 7, 2011> |
| (6) | The appointing authority shall prepare a promotion ranking register in the order of persons who attain a higher aggregate point calculated by adding the records in the register of candidates for promotion at the time of requesting promotion examinations in the rate of 50 percent, the records of the second examination in the rate of 20 percent and the training records of the basic education and training courses corresponding to the expected class of promotion in the rate of 30 percent for successful applicants in examinations for general promotion, and in the order of persons who attain a higher aggregate point calculated by adding the records in the register of candidates for promotion at the time of conducting a promotion screening in the rate of 70 percent and the training records of the basic education and training courses corresponding to the expected class of promotion in the rate of 30 percent for persons who are selected to be eligible for promotion according to the results of screening conducted by the ordinary promotion screening committee. In such cases, if there is a tie in the points of the promotion ranking register, priority order shall be determined according to the order in the register of candidates for promotion. |
| (7) | Promotion ranking registers referred to in paragraph (6) shall be prepared by the number of times of examinations for general promotion or by screening by ordinary promotion screening committees, and when there occurs a vacancy in a promotion ranking register preparation unit agency, the relevant appointing authority shall make appointments according to the rankings in the promotion ranking register prepared by number of times or by screening unless he or she falls under any of the following cases: Provided, That with respect to persons who have a ground for restrictions on promotion as referred to in Article 32, he or she shall make appointments after such ground ceases to exist. <Amended on Mar. 7, 2011; Mar. 23, 2013; Nov. 19, 2014; Dec. 27, 2022> |
| 1. | Where a person eligible for promotion listed in the promotion ranking register is dispatched; |
| 2. | Where it is deemed that the person could face significant difficulties in performing the duties required for the relevant position if appointments are made according to the order in the promotion ranking register. |
| (8) | The Minister of Personnel Management may, if necessary for the appointment of successful applicants in open competitive examinations or successful applicants in competitive recruitment examinations for career service positions, etc. referred to in Article 26 (3) of the Decree on Public Officials Appointment Examinations, request the appointing authority to defer the appointment referred to in paragraph (7) under Article 31 of the Act and the appointing authority shall comply therewith. <Amended on Jan. 26, 2012; Mar. 23, 2013; Nov. 19, 2014> |
| (9) | Articles 11, 12, 13 (1), and 14 shall apply mutatis mutandis to promotion by means of open competitive examinations for promotion. |
| (10) | Notwithstanding paragraph (6), the appointing authority may prepare a separate promotion ranking register of the persons determined to be eligible for special promotion on any ground referred to in Article 35-2 (1) 1 through 3, based on their records of performing duties, abilities to perform duties, results of capability evaluation, achieved merits, training results in a course for basic education and training, etc. <Newly Inserted on Dec. 29, 2017> |
[This Article Wholly Amended on Sep. 8, 2009]
| Article 34-2 (Validity of Passing Grade in Promotion Examinations) |
| (1) | A passing grade in promotion examinations, and determination of eligibility for promotion of ordinary promotion screening committees referred to in Article 34-3 shall be valid until the time of promotion: Provided, That the same shall not apply to cases of retirement before promotion. <Amended on Nov. 5, 2019> |
| (2) | Where a person who has passed an examination for general promotion, and a person determined to be eligible for promotion based on the results of screening by an ordinary promotion screening committee pursuant to Article 34-3, is transferred (excluding transfer prescribed in Article 45 (3) 1) to another agency which has a different promotion ranking register preparation unit before he or she is promoted and appointed, the passing grade in the examination for general promotion and determination of eligibility for promotion of the promotion screening committee shall no longer be valid, notwithstanding paragraph (1). <Amended on Sep. 25, 2015; Nov. 5, 2019; Sep. 22, 2020> |
[This Article Wholly Amended on Sep. 8, 2009]
| Article 34-3 (Ordinary Promotion Screening Committees) |
| (1) | In cases of promoting a public official of Grade IV or below (excluding public officials of Grade VI who undergo promotion examinations to be promoted to public officials of Grade V), he or she shall undergo screening by an ordinary promotion screening committee, and the appointing authority or appointment-recommendation authority shall comply with the results of screening unless there is a compelling reason not to do so. <Amended on Nov. 20, 2013> |
| (2) | An ordinary promotion screening committee shall be comprised of not less than three members including a chairperson, on condition that it may be comprised of not less than two members when the appointing authority or appointment-recommendation authority deems it unavoidable. |
| (3) | The position of the chairperson of an ordinary promotion screening committee shall be taken by the head of the agency in which the ordinary promotion screening committee is established or by a public official under control of and nominated by the head of the relevant agency (including public officials in political service and in extraordinary civil service; hereafter in this paragraph the same shall apply), and public officials under control of and nominated by the head of the relevant agency among persons of classes superior to the expected rank of promotion (including public officials of ranks equivalent to superior ranks; hereafter in this paragraph the same shall apply) shall become the members thereof, and if persons of superior ranks are deficient, persons of the same rank as the expected rank of promotion may be nominated: Provided, That in cases of promotion to a position of the Senior Executive Service, persons nominated by the head of the relevant agency among high-ranking officials shall become the members thereof. <Amended on Jun. 15, 2010; Nov. 20, 2013> |
| (4) | Matters necessary for the operation of an ordinary promotion screening committee, such as the standards for promotion screening and operation procedures, shall be determined by the Minister of Personnel Management. In such cases, the competent Minister may additionally determine the standards for promotion screening in consideration of characteristics of affairs of the relevant agency. <Amended on Dec. 27, 2022> |
[This Article Wholly Amended on Sep. 8, 2009]
| Article 35 (Promotion to Public Officials of Grade III) |
In cases of promoting public officials of Grade IV, the competent Minister shall make appointments by selecting relevant persons within the scope of vacancies among the candidates for promotion of the relevant agency through a promotion screening by the ordinary promotion screening committee referred to in Article 34-3 in consideration of service records, ability, career, expertise, personality, aptitude, etc. [This Article Wholly Amended on Sep. 8, 2009]
| Article 35-2 (Special Promotion and Appointment) |
| (1) | In cases of special promotion (including preferential application for examinations for general promotion; hereafter in this Article the same shall apply) pursuant to Article 40-4 of the Act, any of the following public officials shall get such special promotion: <Amended on Jun. 15, 2010; Mar. 23, 2013; Nov. 20, 2013; Nov. 19, 2014; Nov. 5, 2019> |
| 1. | In cases falling under Article 40-4 (1) 1 of the Act: Awarded public officials of Grade IV or below, determined by the Minister of Personnel Management; |
| 2. | In cases falling under Article 40-4 (1) 2 of the Act: Public officials of Grade IV or below: |
| (a) | Public officials recognized by the competent Minister to have an outstanding ability in the performance of duties and greatly contribute to the administrative development by actively performing duties; |
| (b) | Public officials given an award determined by the Minister of Personnel Management; |
| 3. | In cases falling under Article 40-4 (1) 3 of the Act: Public officials of Grade V or below given a bronze award or above of the invention grade; |
| 4. | In cases falling under Article 40-4 (1) 4 of the Act: Public officials of Grade III or below recognized to have achieved a special merit while in office as an honorary retiree; |
| 5. | In cases falling under Article 40-4 (1) 5 of the Act: Public officials recognized to have achieved a special merit by the competent Minister while in office. |
| (2) | In cases of special promotion prescribed in paragraph (1), the relevant public officials shall be persons not subject to restrictions on promotion in Article 32 and falling under each of the following qualifications: <Amended on Jun. 25, 2019> |
| 1. | In cases of paragraph (1) 1 and 3: The relevant public officials shall reach the minimum number of years of service required for promotion: Provided, That in cases of paragraph (1) 1, the minimum number of years of service required for promotion may be reduced by six months; |
| 2. | In cases of paragraph (1) 4: The relevant public officials shall not be subject to a severe disciplinary action or light disciplinary action for any of the following items during the tenure of office and shall have been holding office in the relevant rank for at least one year by the date preceding the date of honorary retirement: |
| (3) | In cases of special promotion prescribed in paragraph (1) 1 through 3, public officials of Grades V, and VII or below (in cases of public officials in postal service, referring to public officials of postal Grade IV or below) may be promoted to immediately superior classes by undergoing promotion screening, notwithstanding the order in the promotion ranking register, and public officials of Grade VI (in cases of public officials in postal service, referring to postal Grade III) may undergo promotion screening or preferentially apply for examinations for general promotion as prescribed by the Decree on Public Officials Appointment Examinations, notwithstanding the order in the promotion ranking register. <Amended on Nov. 20, 2013> |
| (5) | In cases of special promotion for public officials of Grade IV or below given a commendation by the Prime Minister or above, determined by the Minister of Personnel Management, they may be appointed exceeding the fixed number of personnel by rank or by class; and it shall be considered that the relevant central administrative agency has the fixed number of personnel corresponding to the excessive number of current staff until the number of current public officials coincides with the fixed number of personnel. In such cases, matters necessary for the procedure and operation of special promotion shall be determined by the Minister of Personnel Management. <Amended on Nov. 5, 2019> |
| (6) | When public officials are granted special promotion under paragraph (1) 4, they shall undergo screening by an ordinary promotion screening committee under Article 34-3 to determine whether he or she has achieved any special merit. In such cases, matters necessary for the method and procedure for screening shall be determined by the Minister of Personnel Management. <Newly Inserted on Jun. 25, 2019; Nov. 5, 2019; Dec. 26, 2023> |
| (7) | Where a person who has been specially promoted under paragraph (1) 4 redeems allowances for honorary retirement as he or she falls under Article 74-2 (3) 1, 1-2, or 1-3 of the Act, his or her appointment for special promotion shall be canceled. In such cases, the person whose appointment for special promotion has been canceled shall be deemed retired in the class before the special promotion. <Newly Inserted on Jun. 25, 2019; Nov. 5, 2019> |
[This Article Wholly Amended on Sep. 8, 2009]
| Article 35-3 (Selection and Designation of Treatment Public Officials and Indispensable Officials for Administrative Affairs) |
| (1) | The appointing authority or appointment-recommendation authority may select public officials in general service under his or her control who have worked for a period exceeding the minimum number of years of service required for promotion, have no grounds for placing restrictions on promotion and have shown outstanding performance as treatment public officials of immediately higher position (hereinafter referred to as "treatment public official"). <Amended on Nov. 20, 2013> |
| (2) | A competent Minister may designate treatment public officials of Grade VI (in cases of public officials in postal service, referring to postal Grade III) who desire to continue to diligently work in the relevant classes and are recognized to be particularly necessary for the operation of the agency as they have an eminent ability to conduct administrative affairs as indispensable officials for administrative affairs. <Amended on Nov. 20, 2013> |
| (3) | Matters necessary for the selection and designation of treatment public officials and indispensable officials for administrative affairs referred to in paragraphs (1) and (2) shall be determined by the Minister of Personnel Management. <Amended on Mar. 23, 2013; Nov. 19, 2014> |
| (4) | Allowances may be paid to treatment public officials and indispensable officials for administrative affairs referred to in paragraphs (1) and (2) as prescribed by the Regulations on Allowances, etc. of Public Officials. |
[This Article Wholly Amended on Sep. 8, 2009]
| Article 35-4 (Promotion on Continuous Service) |
| (1) | In cases of the integration and operation of the fixed numbers of public officials in Article 26 (2) of the General Rules for the Organization and Personnel of Administrative Agencies, persons eligible for promotion shall meet the minimum number of years of service required for promotion referred to in Article 31, be listed on the register of candidates for promotion, and hold office in the relevant ranks for the following periods (hereinafter referred to as "period of continuous service for promotion") including the minimum number of years of service required for promotion: <Amended on Nov. 20, 2013; Jan. 31, 2017; Jun. 18, 2019> |
| 1. | Class VII: At least 11 years; |
| 2. | Class VIII: At least seven years; |
| 3. | Class IX: At least five years and six months. |
| (2) | Where a retired State public official or local public official is appointed to the class equivalent to, or lower than that he or she had been at the time of retirement, periods of service before 10 years from the date of preparation of the register of candidates for promotion shall also be added to the period of continuous service for promotion, notwithstanding the former part of Article 31 (5): <Amended on Jul. 4, 2011; Nov. 20, 2013> |
| 1. | Deleted; <Nov. 20, 2013> |
| 2. | Deleted; <Nov. 20, 2013> |
| 3. | Deleted; <Nov. 20, 2013> |
| 4. | Deleted; <Nov. 20, 2013> |
| 5. | Deleted; <Nov. 20, 2013> |
| 6. | Deleted. <Nov. 20, 2013> |
| (3) | Notwithstanding paragraph (1), the periods classified as follows may be deducted from the periods of continuous service for promotion with respect to any of the following public officials: Provided, That the Minister of Personnel Management may limit the number of public officials whose period of continuous service for promotion is reduced under subparagraph 2: <Amended on Feb. 5, 2014; Nov. 19, 2014; Nov. 5, 2019> |
| 1. | Any public official who has experienced the exchange of personnel referred to in Article 48 (1) 1: A period equivalent to 1/2 of the period of exchange of personnel; |
| 2. | Any public official who shows an outstanding performance in conducting major businesses, such as presidential agenda, or any public official who shows a prominent attitude of implementing administrative services actively: One year. |
| (4) | A candidate for promotion on continuous service to a public official of Grade VI (in cases of public officials in postal service, referring to postal Grade VI; hereafter in this Article the same shall apply) referred to in paragraphs (1) and (2) shall be a public official of Grade VII who is listed in the register of candidates for promotion and meeting requirements for promotion on continuous service. <Newly Inserted on Mar. 7, 2011; Sep. 28, 2012; Nov. 20, 2013> |
| (5) | When the appointing authority screens candidates for promotion on continuous service to public officials of Grade VI referred to in paragraphs (1) and (2), he or she shall not grant a promotion on continuous service to persons in excess of the number of persons (if there is a decimal, one person shall be added) equivalent to 40/100 of candidates for promotion on continuous service of the relevant agency in aggregate each year. <Newly Inserted on Mar. 7, 2011; Sep. 28, 2012; Nov. 20, 2013; Jun. 24, 2016; Nov. 5, 2019; Dec. 26, 2023> |
| (6) | Screening for promotion on continuous service to public officials of Grade VI referred to in paragraph (5) may be conducted once or twice a year, in consideration of the date of preparation of the register of candidates for promotion referred to in Article 29 of the Regulations on the Performance Evaluation, etc. of Public Officials. In such cases, the appointing authority may, if necessary for the smooth operation of personnel, conduct screening for promotion on continuous service by dividing registers of candidates for promotion by tenure of office of public officials of Grade VII. <Newly Inserted on Mar. 7, 2011; Nov. 20, 2013; Dec. 26, 2023> |
| (7) | In cases of meeting the requirements for promotion on continuous service in paragraphs (1) and (2), promotion screening may be conducted five days prior to reaching the period of continuous service for promotion. <Amended on Mar. 7, 2011> |
| (8) | In cases of permanent public officials employed to work on an alternative work schedule, the period which the period of service in proportion to working hours is included in the period of continuous service for promotion shall be the minimum number of years required for promotion in addition to two years; and the period of service thereafter shall be fully included in the period of continuous service, regardless of working hours. <Newly Inserted on Jun. 18, 2019> |
| (9) | Notwithstanding paragraphs (1) and (4), public officials demoted under Article 73-4 (1) of the Act may be promoted on continuous service, although he or she is not listed on the register of candidates for promotion. <Newly Inserted on Jun. 18, 2019> |
| (10) | Matters regarding the methods of promotion on continuous service and operation of personnel other than the matters provided for in paragraphs (1) through (9) shall be determined by the Minister of Personnel Management. <Amended on Mar. 7, 2011; Mar. 23, 2013; Nov. 19, 2014; Jun. 18, 2019> |
[Title Amended on Nov. 20, 2013]
| Article 36 (Promotion of Public Officials of Class VI or Below of Correctional Functional Categories) |
Notwithstanding Articles 33, 34, and 35-2, promotion of public officials of Grade VI or below of the correctional functional category referred to in Article 40 of the Act and special promotion of public officials of Grade VI or below of the correctional functional category referred to in Article 40-4 (1) 2 of the Act shall be separately prescribed by Presidential Decree. [This Article Newly Inserted on Jan. 26, 2012]
| Article 36-2 Deleted. <Dec. 26, 2005> |
| Article 36-3 Deleted. <Dec. 26, 2005> |
| Article 36-4 Deleted. <Dec. 26, 2005> |
| Article 36-5 Deleted. <Dec. 26, 2005> |
| Article 37 Deleted. <Jun. 11, 2004> |
| Article 37-2 Deleted. <Jun. 11, 2004> |
| Article 37-3 Deleted. <Jun. 11, 2004> |
| Article 37-4 Deleted. <Jun. 11, 2004> |
| Article 38 Deleted. <Dec. 31, 1998> |
[Previous Article 39 moved to Article 35-2 <Dec. 31, 1994>]
| Article 39-2 Deleted. <Jun. 10, 1981> |
CHAPTER V DUAL OFFICE HOLDING AND DISPATCH
| Article 40 (Dual Office Holding) |
| (1) | The appointing authority or appointment-recommendation authority may permit dual office holding pursuant to Article 32-3 of the Act, in any of the following cases: <Amended on Jun. 15, 2010; Sep. 25, 2015; Nov. 30, 2021> |
| 1. | Where it is necessary to secure professional human resources relevant to the expected position of appointment; |
| 2. | Appointing teaching personnel of each level of education and training institutions; |
| 3. | Where it is necessary to jointly perform special duties which require close cooperation among related agencies. |
| 4. | Where any other statute or regulation requires dual office holding. |
| (2) | Dual office holding prescribed in paragraph (1) (excluding dual office holding under paragraph (1) 4) shall be allowed only in any of the following cases, within the scope not obstructing the performance of his or her primary duties: Provided, That in cases of concurrently holding offices as a public official in career service pursuant to subparagraph 3, the relevant person shall be appointed as a public official in a fixed term position; and concurrently holding offices as a public official in career service pursuant to subparagraph 4 shall be limited to cases specified in paragraph (1) 3: <Amended on Feb. 29, 2012; Nov. 20, 2013; Sep. 25, 2015; Nov. 30, 2021> |
| 1. | Between a public official in educational service of each level of schools equal to or above high schools and another public official in career service who has similar duties; |
| 2. | Between a public official of the research functional category and another public official in career service who has similar duties; |
| 4. | Between a public official in career service and another public official in career service who has related duties. |
| (3) | The term of concurrent office referred to in paragraph (2) shall be within two years, and may, if particularly necessary, be extended for up to two years. <Amended on Jun. 15, 2010> |
| (4) | In cases of holding a concurrent office referred to in paragraph (2), the head of the agency of the concurrent office shall appoint or recommend the appointment with the consent of the head of the agency of the main post. In such cases, the head of the agency of the main post shall give his or her consent to hold a concurrent office unless there is a compelling reason not to do so. <Amended on Mar. 7, 2011; Sep. 25, 2015> |
[This Article Wholly Amended on Sep. 8, 2009]
| (1) | In any of the following cases, the head of each administrative agency may dispatch public officials under his or her control pursuant to Article 32-4 of the Act: <Amended on Sep. 8, 2009; Feb. 3, 2016> |
| 1. | Where it is particularly necessary to conduct national projects at institutions or organizations other than national agencies; |
| 2. | Where it is to support administrative affairs of another institution due to its heavy workload; |
| 3. | Where the jurisdiction of administrative affairs is not clear or it is necessary to jointly perform special duties which require close cooperation between relevant institutions; |
| 5. | Where a public official under his or her jurisdiction is selected as teaching personnel of a public officials' educational and training institution under the Act on the Capacity Development of Public Officials or it is necessary to perform duties related to education and training; |
| 6. | Where it is necessary for the performance of duties and development of abilities in international organizations, or foreign governments or research institutions; |
| 7. | Where it is necessary for collection of data, etc. relevant to the performance of duties, development of abilities or formulation of national policies at domestic research institutes, and private institutions and organizations. |
| (2) | The periods of dispatch referred to in paragraph (1) are as follows: <Amended on Sep. 8, 2009; Mar. 7, 2011> |
| 1. | The period of dispatch referred to in paragraph (1) 1 through 3 and 7 shall be within two years, on condition that the period of dispatch may, if necessary, be extended within the scope that the total period of dispatch does not exceed five years; |
| 2. | The period of dispatch referred to in paragraph (1) 5 shall be within one year, on condition that the period of dispatch may, if necessary, be extended to the scope that the total period of dispatch does not exceed two years; |
| 3. | The period of dispatch referred to in paragraph (1) 4 and 6 shall be a period needed for education and training, performance of duties and development of abilities. |
| (3) | Where it is intended to dispatch a public official under control in accordance with paragraph (1) 1 through 3 and 5, the head of the agency to receive the dispatched public official shall request such dispatch in advance, and in any of the following cases, he or she shall undergo consultations with the Minister of Personnel Management: Provided, That where dispatch is requested in accordance with paragraph (1) 1, the head of the agency to receive a public official on dispatch shall undergo consultations with the competent Minister (including Administrators or Commissioners who are the heads of central administrative agencies) and in cases of extending the period of dispatch of a public official of Grade VI or below within the scope of the period of dispatch discussed under paragraph (9) or replacing a public official on dispatch after the period of dispatch of a public official of Grade VI or below terminates, consultations with the Minister of Personnel Management may be omitted. <Amended on Sep. 8, 2009; Jun. 15, 2010; Mar. 23, 2013; Nov. 19, 2014> |
| 1. | Dispatching a public official under control in accordance with paragraph (1) 1 through 3, 6 and 7; |
| 2. | Extending a period of dispatch referred to in subparagraph 1; |
| 3. | Returning a person on dispatch during dispatch referred to in subparagraph 1 before the period of dispatch terminates. |
| (4) | Notwithstanding paragraph (3), in any of the following cases, public officials may be dispatched upon approval from the competent Ministers: <Newly Inserted on Jun. 15, 2010> |
| 1. | Dispatch from a superior agency of an agency to its subordinate agency, the competent Minister of which is the same; |
| 2. | Dispatch between agencies of the same level, the competent Minister of which is the same; |
| 3. | Where the period of dispatch is less than one year. |
| (5) | The head of an agency which holds authority for change of position or authority to recommend the change of position shall issue orders for dispatch: Provided, That orders for dispatch prescribed in paragraph (1) 4, excluding the dispatch of heads of agencies and dispatch where separate personnel is recognized under Article 42, shall be issued by the head of the competent agency. <Amended on Sep. 8, 2009; Jun. 15, 2010> |
| (6) | Where it is necessary for practical training referred to in Article 24 (2), the Minister of Personnel Management may dispatch probationary public officials under his or her control to each level of administrative agencies to let such public officials serve therefor, notwithstanding paragraphs (1) through (5). <Amended on Sep. 8, 2009; Jun. 15, 2010; Mar. 23, 2013; Nov. 19, 2014> |
| (7) | A competent Minister shall, in any of the following cases, notify the Minister of Personnel Management of such fact: Provided, That the same shall not apply where the period of dispatch is less than one year: <Amended on Jun. 15, 2010; Mar. 23, 2013; Nov. 19, 2014> |
| 1. | Dispatch without consultation with the Minister of Personnel Management under the proviso of paragraph (3), and paragraph (4); |
| 2. | Returning a person dispatched during dispatch before the period of dispatch terminates, which falls into grounds the Minister of Personnel Management determines. |
| (8) | No public official dispatched on the grounds prescribed in paragraph (1) 1 and 7 shall receive allowances, expenses and other money in excess of the standards the Minister of Personnel Management determines from the agency to which he or she is dispatched, other than remuneration. <Newly Inserted on Feb. 20, 2013; Mar. 23, 2013; Nov. 19, 2014> |
| (9) | The Minister of Personnel Management shall, when consulting on dispatch pursuant to paragraph (3), have a prior consultation with the Minister of the Interior and Safety over classes, scale, etc. of separate personnel prescribed in Article 24-2 of the General Rules on the Organization and Personnel of Administrative Agencies. <Newly Inserted on Nov. 19, 2014; Amended on Jul. 26, 2017> |
[This Article Wholly Amended on Jun. 10, 1981]
| Article 41-2 (Dispatch of Nongovernmental Experts) |
| (1) | Where a competent Minister receives a dispatched executive officer or employee of an institution or organization (hereafter in this Article referred to as "private institution"), other than national institutions, to have such executive officer or employee work under Article 32-4 (1) of the Act, he or she shall have prior consultations with the head of a nongovernmental institution to which the person to be dispatched belongs. |
| (2) | No executive officer or employee of nongovernmental institutions who have a direct interest in the duties to be performed by dispatched persons shall be dispatched to national institutions. |
| (3) | The period of dispatch of an executive officer or employee of a private institution who is dispatched under Article 32-4 (1) of the Act shall be up to two years, on condition that such period may, if necessary, be extended by up to one year (or three years, in cases of dispatch for national security-related purposes). <Amended on Sep. 22, 2020> |
| (4) | Where a competent Minister receives a dispatched executive officer or employee from a nongovernmental institution to have such executive officer or employee work pursuant to Article 32-4 (1) of the Act or extends the period of dispatch pursuant to paragraph (3) of this Article, he or she shall notify the Minister of Personnel Management of such fact, as determined by the Minister of Personnel Management. <Amended on Mar. 23, 2013; Nov. 19, 2014; Nov. 18, 2015> |
| (5) | The heads of agencies to which executive officers or employees of private institutions are dispatched (hereafter in this Article referred to as "institution receiving persons on dispatch") may, in any of the following cases, return the persons on dispatch to the original institutions to which such persons belong. In such cases, the heads of agencies shall notify the heads of the private institutions to which such persons belong of the grounds therefor: <Amended on Sep. 28, 2012> |
| 1. | Where the ground for dispatch ceases to exist; |
| 2. | Where it is unlikely to attain the objectives of dispatch; |
| 3. | Where a person on dispatch conducts an act in clear violation of the objectives of dispatch. |
| (6) | Executive officers or employees of private institutions dispatched to national institutions shall be placed under the directions and supervision of the heads of institutions receiving the persons on dispatch with respect to services. |
| (7) | Deleted. <Dec. 27, 2022> |
| (8) | The Minister of Personnel Management may, if necessary, check institutions receiving persons on dispatch in terms of the actual state of utilization. <Newly Inserted on Sep. 28, 2012; Mar. 23, 2013; Nov. 19, 2014> |
| (9) | Where the Minister of Personnel Management deems that it is necessary for the head of an institution receiving persons on dispatch to utilize the results of checking referred to in paragraph (8) for the operation of persons on dispatch, judgment on whether to return executive officers or employees of private institutions to the original institutions to which they belong, direction and supervision of persons on dispatch in terms of services, etc., he or she may notify the heads of institutions receiving persons on dispatch thereof. <Newly Inserted on Sep. 28, 2012; Mar. 23, 2013; Nov. 19, 2014> |
| (10) | The head of an institution receiving persons on dispatch which is notified of the results of checking under paragraph (9) shall notify the Minister of Personnel Management of the details of utilization of or measures for the results of the relevant checking. <Newly Inserted on Sep. 28, 2012; Mar. 23, 2013; Nov. 19, 2014> |
[This Article Wholly Amended on Sep. 8, 2009]
| Article 41-3 (Dispatch Due to Organization of Office) |
| (1) | Of dispatch under Article (1) 1 through 3, where the fixed number of public officials on dispatch is prescribed in statutes or regulations governing the organization and the fixed number of personnel of the agency to which such public officials are dispatched (hereafter in this Article referred to as "dispatch due to the organization of office"), public officials under control of the dispatching agency may be dispatched; the dispatch period may be extended; and the persons on dispatch may be returned to the dispatching agency before the expiry of the dispatch period, without consultation with the Minister of Personnel Management, notwithstanding the main clause of paragraph (3) of that Article and the subparagraphs of that paragraph. |
| (2) | Notwithstanding Article 41 (2) 1, the period of dispatch due to the organization of office may exceed two years, and the total period of dispatch may be extended to over five years. |
| (3) | Where a public official is dispatched or the period of dispatch is extended pursuant to paragraph (1) or a public official on dispatch returns to the dispatching agency before the expiry of the dispatch period, such fact shall be notified to the Minister of Personnel Management. |
[This Article Newly Inserted on Dec. 27, 2022]
| Article 42 (Filling of Vacancies Resulting from Dispatch) |
| (1) | Where the period of dispatch is not less than one year (in cases of dispatch referred to in Article 41 (1) 4, six months), the vacancies may be filled by deeming that there is a separately fixed number of personnel corresponding to the class of the persons dispatched or to positions of the Senior Executive Service under Article 43 (3) of the Act. In such cases, the competent Minister shall have a prior consultation with the Minister of Personnel Management, and the Minister of Personnel Management shall consult within the scope of the separately fixed number of personnel discussed with the Minister of the Interior and Safety. <Amended on Sep. 28, 2012; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Oct. 10, 2023> |
| (2) | Where a public official who has a remaining period of not more than one year before the retirement age takes training in order to cultivate his or her ability of social adaptation in preparation for retirement, the vacancy may be filled on the assumption that there is a separately fixed number of personnel under Article 43 (3) of the Act. In such cases, matters concerning procedures, etc. for dispatch for training shall be determined by the Minister of Personnel Management. <Amended on Mar. 23, 2013; Nov. 19, 2014; Oct. 10, 2023> |
| (3) | In any of the following cases, a vacancy may be filled by deeming that the fixed number of personnel exists separately under Article 43 (2) of the Act: <Amended on Oct. 10, 2023> |
| 1. | Where an order to take a medical leave is issued immediately after a sick leave, and the period of sick leave after the issuance of the order to take a medical leave plus the period of medical leave is equal to or greater than six months; |
| 2. | Where an order to take a child care leave is issued immediately after a maternity leave, and the period of maternity leave after the issuance of an order to take a child care leave plus the period of child care leave is equal to or greater than six months; |
| 3. | Where approval is granted for a maternity leave immediately after a child care leave, and the period of a child care leave after the maternity leave is approved (including the period of the relevant child care leave if an order to take a child care leave immediately after a maternity leave is issued upon the approval of the maternity leave) plus the period of the maternity leave is equal to or greater than six months. |
| (4) | A vacancy resulting from leave of absence or dispatch (limited to officials of professional career, and dispatch for training under paragraph (2) shall be excluded) of officials of professional career and public officials in fixed term positions shall be filled by public officials in fixed term positions. In such cases, the period of service of the public official in a fixed term position shall be the period of leave of absence (in cases of filling vacancies under paragraph (3), including the period of sick leave after the issuance of an order to take a medical leave or the period of a maternity leave after the issuance of an order to take a child care leave) or period of dispatch of the relevant person on leave of absence or on dispatch. <Newly Inserted on Nov. 20, 2013; Oct. 10, 2023; Dec. 26, 2023> |
[This Article Wholly Amended on Sep. 8, 2009]
| Article 42-2 (Promotion of Public Officials on Dispatch) |
A public official dispatched under Article 43 (3) of the Act shall be promoted or newly employed for the exchange of personnel, etc., in any of the following cases: Provided, That in cases of falling under subparagraph 4, he or she shall undergo consultations with the Minister of Personnel Management: <Amended on Dec. 16, 2013; Nov. 19, 2014; Jul. 26, 2017; Oct. 10, 2023> | 1. | Promoting a public official on dispatch within the scope of the fixed number prescribed by Acts or Presidential Decrees which provide for the organization and fixed number of agencies of each level or within the personnel separately prescribed through consulting with the Minister of the Interior and Safety under Article 24-2 of the General Rules on the Organization and Personnel of Administrative Agencies. In such cases, there shall be no excessive number of personnel in the organization of the original agency; |
| 2. | Newly employing a local public official in a dispatch position as a State public official according to the exchange of personnel between central agencies and local agencies; |
| 3. | Deleted; <Dec. 16, 2013> |
| 4. | Employing a person who retired as a public official in general service in order to place such person in a dispatch position within three years from the date of retirement. In such cases, there shall be no excessive number of personnel in the organization of the original agency. |
[This Article Wholly Amended on Sep. 8, 2009]
CHAPTER VI MANAGEMENT OF PLACEMENT AND EXCHANGE OF PERSONNEL
| Article 43 (Standards for Management of Assigned Positions) |
| (1) | The appointing authority or appointment-recommendation authority shall appoint public officials under his or her control to one class or position, except as otherwise prescribed by statutes and regulations and in any of the following cases: <Amended on Nov. 20, 2013; Feb. 3, 2016; Sep. 22, 2020; Jan. 5, 2021; Oct. 10, 2023> |
| 1. | As there is no vacancy for the return of a person on leave of absence, return of a person on dispatch, or return of a person subject to removal, release or dismissal whose vacancy is filled on the assumption that there is a separately fixed number of personnel prescribed in Article 43 (1) through (4) of the Act in the relevant class and position (in cases of high-ranking officials, referring to the positions of the Senior Executive Service) of the relevant agency, the relevant public official or high-ranking official of the relevant class and position is made to work without a placement until there occurs the first vacancy in the personnel of such class and position (in cases of high-ranking officials, referring to the positions of the Senior Executive Service) (the relevant agency means an agency headed by the appointing authority or person with the authority to recommend appointments who holds the authority to newly employ the relevant public official and the agencies belonging thereto); |
| 3. | Where any of the following public officials under the control of the appointing authority or appointment-recommendation authority is made to work without a placement for a period not longer than two weeks as it is recognized to be particularly necessary to transfer affairs of such public official: |
| (a) | A public official who is temporarily employed by an international organization or a foreign institution for at least one year and thus takes a leave of absence under Article 71 (2) 1 of the Act; |
| (b) | A public official who is dispatched overseas for at least one year under Article 41 (1) 6; |
| (c) | A public official who is appointed as a resident officer for at least one year under the Decree on the Appointment of Resident Officers in Overseas Diplomatic Missions; |
| 4. | Where a public official is made to work without a placement for the preparation of new establishment, etc. of the agency for a period not longer than two months as at the time of new establishment, alternation, and abolition of the organization. |
| (2) | The appointing authority or appointment-recommendation authority shall, when placing public officials under his or her control, place the right man in the right place, taking into account the requirements for duties of positions and personal requirements for public officials under his or her control in the following subparagraphs, and if an analysis of duties prescribed in the Job Analysis Regulations, a capability evaluation referred to in Article 10-3 of this Decree, or multisource evaluation under Article 28 of the Regulations on the Performance Evaluation of Public Officials is conducted, he or she may utilize the results thereof: <Amended on Mar. 7, 2011; Nov. 5, 2019> |
| 1. | Requirements for duties of a position: |
| (a) | Major business activities of a position; |
| (b) | Responsibility for the performance of a position; |
| (c) | Degree of difficulty of performance of duties; |
| (d) | Requirements for the performance of duties; |
| 2. | Personal requirements for public officials: |
| (a) | Functional category and functional subcategory; |
| (b) | Degree of ethical consciousness and degree of integrity; |
| (c) | Level of capabilities held; |
| (d) | Career and majoring area and training records; |
| (3) | The appointing authority or appointment-recommendation authority shall grade positions according to the difficulty and degree of responsibility of duties and place public officials under his or her control in a way they can properly develop their abilities, based on their careers, actual performance, etc. |
| (4) | A public official who has received entrusted education and training inside or outside Korea or education and training for at least six months shall be placed in a position relevant to the contents of such education and training unless there is a compelling reason not to do so. |
| (5) | A public official who holds a certificate of special qualifications shall be placed in a position relevant to such certificate unless there is a compelling reason not to do so. |
| (6) | The appointing authority or appointment-recommendation authority shall not discriminate public officials under his or her control when managing placement for such reasons as gender or disabilities. <Newly Inserted on Jul. 3, 2018> |
| (7) | The appointing authority or appointment-recommendation authority shall assign positions taking into account the area in which public officials' spouses or lineal ascendants reside or childrearing conditions, unless there is a compelling reason not to do so, in the operation of personnel. <Newly Inserted on Jun. 18, 2019; Dec. 26, 2023> |
| (8) | A competent Minister shall determine and implement standards for management of placement of public officials under his or her control under Article 32-5 of the Act and as prescribed by this Decree. |
[This Article Wholly Amended on Sep. 8, 2009]
| Article 43-2 (Management of Positions by Area) |
| (1) | A competent Minister shall endeavor to foster and manage public officials of Grade III or below who are placed in positions of plural class of Grade III or IV by specialized field of work through personnel management, such as change of position: <Amended on Sep. 28, 2012; Jan. 10, 2017> |
| 1. | Deleted; <Sep. 28, 2012> |
| 2. | Deleted; <Sep. 28, 2012> |
| 3. | Deleted; <Sep. 28, 2012> |
| (2) | Deleted. <Sep. 28, 2012> |
| (3) | Matters necessary for the management of placement by area, such as standards for classification of specialized fields of work and methods of management of positions which are referred to in paragraph (1) shall be determined by the Minister of Personnel Management. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jan. 10, 2017> |
[This Article Wholly Amended on Sep. 8, 2009]
| Article 43-3 (Management of Assigned Positions by Types of Positions and Designation of Specialist Positions) |
| (1) | A competent Minister shall classify the positions of a relevant agency by type, in consideration of the characteristics of duties, necessity of long-term service in relevant positions, etc., and shall endeavor to improve expertise in administration by reflecting such classification in the management of positions. |
| (2) | A competent Minister may designate and manage the positions of the relevant agency which particularly require expertise as specialist positions, and designate and manage groups of specialist positions for which requirements for performance of duties or service areas referred to in paragraph (3) are similar as specialist position groups. |
| (3) | A competent Minister shall set requirements for performance of duties for the specialist positions designated under paragraph (2) (hereinafter referred to as "specialist position") and designated by the Minister of Personnel Management, and shall select persons who meet the requirements for performance of duties as specialist officials. <Amended on Nov. 19, 2014; Jan. 10, 2017> |
| (4) | A public official appointed to a specialist position may be transferred to another position after he or she serves in the specialist position for a period designated by the Minister of Personnel Management within four years, and a public official in a specialist position group designated pursuant to paragraph (2) may be transferred to positions other than positions in the relevant specialist position group for a period designated by the Minister of Personnel Management within eight years: Provided, That in cases prescribed by Minister of Personnel Management, such as transfer between positions whose requirements for the performance of duties are identical, a public official may be transferred to another position, irrespective of a period. <Amended on Nov. 19, 2014; Sep. 25, 2015> |
| (5) | Additional points referred to in Article 27 of the Regulations on the Performance Evaluation, etc. of Public Officials may be given for careers of service in specialist positions or in specialist position groups, and allowances shall be paid to positions for which it is necessary to pay allowances among specialist positions within the budget, as prescribed by the Regulations for Allowances of Public Officials. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the management of placement by type of a position and operation of specialist positions and specialist position groups, such as standards for classification of types of position, designation of specialist positions and specialist position groups, and selection of specialist officials shall be determined by the Minister of Personnel Management. <Amended on Nov. 19, 2014; Jan. 10, 2017> |
[This Article Wholly Amended on Feb. 5, 2014]
| Article 43-4 Deleted. <May 24, 1999> |
| Article 44 (Transfer to Another Position of Public Officials in Service) |
Where the appointing authority or appointment-recommendation authority conducts a transfer of a public official under his or her control, he or she shall transfer the public official to another position so that the relevant public official may improve his or her expertise and efficiency in duties of which he or she is in charge, and be able to perform his or her duties in a creative and stable manner.
[This Article Wholly Amended on Sep. 25, 2015]
| Article 45 (Observance of Compulsory Period of Service in Positions) |
| (1) | The appointing authority or appointment-recommendation authority may transfer (excluding transfer to an agency under a different competent Minister; hereafter in this Article, the same shall apply) a public official under his or her control to another position only when the compulsory period of service in a position expires from the date when he or she appoints such public official to the relevant position. In such cases, the compulsory period of service in a position shall be three years, and the compulsory period of service in a position (not including the period of leave of absence, the period of a disposition of release from a position, and the period during which such public official did not perform a duty due to a disposition of duty suspension or degradation; hereafter in this Article the same shall apply) of public officials of Grade III or IV assigned to positions in auxiliary agencies established under the heads of offices or the heads of bureaus pursuant to the main clause of Article 2 (3) of the Government Organization Act or assisting agencies equivalent thereto, senior research officials, senior technical advisors, and public officials who hold positions of the Senior Executive Service shall be two years. <Amended on Sep. 25, 2015; Dec. 29, 2017; Sep. 22, 2020> |
| (2) | Notwithstanding the latter part of paragraph (1), the competent Minister may specially designate a compulsory period of service in a position, in any of the following cases; and the compulsory period of service in a position shall be classified as follows: <Newly Inserted on Sep. 25, 2015; Dec. 29, 2017; Sep. 22, 2020; Dec. 26, 2023> |
| 1. | Where the competent Minister transfers a public official under his or her control to another position whose duties are identical to those of the present position within an office of a central administrative agency or an auxiliary agency, an assisting agency or a competent agency equivalent thereto: At least two years; |
| 1-2. | Where the competent Minister transfers a public official under his or her jurisdiction to another position whose duties are identical to those of the present position within a bureau of a central administrative agency or an auxiliary agency, an assisting agency, or a competent agency equivalent thereto: At least one year; |
| 2. | Where a public official under the control of the competent Minister, who has comprehensively implemented, adjusted, or supported the overall affairs of the relevant agency is transferred to another position: At least two years; |
| 3. | Where the competent Minister transfers a public official under his or her jurisdiction to another position in another agency or another region, whose duties are similar to those of the present position (limited to transfer within an agency under the jurisdiction of the same competent Minister): At least one year; |
| 4. | Other cases corresponding to the provisions of subparagraphs 1 through 3: A period determined in consultation with the Minister of Personnel Management. |
| (3) | Notwithstanding the latter part of paragraph (1) and paragraph (2), the appointing authority or appointment-recommendation authority may transfer a public official under his or her control to another position, in any of the following cases: <Amended on Sep. 22, 2020> |
| 1. | Where the relevant public official is transferred due to the reorganization of an organization, or any changes to the organization of a government agency or the fixed number of personnel; |
| 2. | Where the relevant public official is transferred in accordance with personnel measures determined by the Minister of Personnel Management, such as promotion, demotion, or appointment to an open position; |
| 3. | Where the appointing authority or appointment-recommendation authority deems transfer particularly necessary in order for public officials in the functional categories of correctional service, probation service, public prosecution, narcotics investigation, immigration control, and railroad police to perform public security affairs, or in order for public officials in the functional category of forestry to perform affairs regarding forest preservation; |
| 4. | Where it is inappropriate for a public official to perform the duties of his or her current positions for such reasons as being subject to a disciplinary action or undergoing an investigation due to a criminal case, as determined by the Minister of Personnel Management; |
| 5. | Where transfer is necessary for residing with family members, childcare, and maternity protection and for any other reasons, as determined by the Minister of Personnel Management; |
| 6. | Where the head of the relevant agency deems it particularly necessary to transfer a public official to perform major projects for national agenda or urgent pending affairs or to secure professional capabilities relating to a position to which appointment is scheduled, etc. |
| (4) | Deleted. <Sep. 22, 2020> |
| (5) | None of the following dates of appointment shall be deemed the date on which a public official is appointed to the relevant position when the compulsory period of service in a position under the latter part of paragraph (1) and paragraph (2) is calculated: <Amended on Sep. 25, 2015> |
| 1. | Deleted; <Sep. 25, 2015> |
| 2. | Date of promotion and appointment, the date of degradation or the date of demotion; |
| 3. | Date of appointment of a probationary public official to a regular public official; |
| 4. | Where the appointment of a public official is announced again by changing the name of an agency to which he or she belongs, his or her position or class only due to the reshaping of an organization, or any changes to the rules of the organization or the fixed number of personnel, the date of his or her appointment: Provided, That this shall apply only where his or her duties are not changed. |
| (6) | The appointing authority or appointment-recommendation authority may transfer a public official employed through a competitive recruitment examination for career service positions, etc. prescribed in the following subparagraphs to a position after the compulsory period of service classified in the following subparagraphs from the date when he or she is first employed: Provided, That a public official who falls under paragraph (2) 1 (limited to where a public official is appointed pursuant to Article 18 (1) 2 (b)) or paragraph (3) 1 through 5 (subparagraph 2 shall be limited to cases where a public official who has been promoted or demoted is transferred to a position corresponding to such class) may be transferred even before the expiration of the compulsory period of service in a position classified as follows: <Amended on Mar. 7, 2011; Jan. 26, 2012; Sep. 28, 2012; Mar. 23, 2013; Apr. 22, 2013; Nov. 20, 2013; Jun. 30, 2014; Nov. 19, 2014; Sep. 25, 2015; Jul. 26, 2017; Dec. 29, 2017; Nov. 5, 2019; Sep. 22, 2020; Dec. 27, 2022> |
| 1. | A public official employed through a competitive recruitment examination for career service positions, etc. pursuant to Article 28 (2) 6, 8, or 12 of the Act: Five years; |
| 2. | A public official employed through a competitive recruitment examination for career service positions, etc. pursuant to Article 28 (2) 2, 3, 9, and 10 of the Act: Four years: Provided, That where the competent Minister transfers a public official who is a person with severe disability employed pursuant to Article 20-3 of the Decree on Public Officials Appointment Examinations within the same agency for reasons of health, etc., two years; |
| 2-2. | Deleted; <Sep. 22, 2020> |
| 3. | A public official who meets the requirements prescribed in Article 16 (1) 2, 3, and 10 and is employed on the relevant grounds among public officials employed through a competitive recruitment examination for career service positions, etc. prescribed in Article 28 (2) 13 of the Act: Four years; |
| 4. | Of public officials employed through competitive recruitment examinations for career service positions, etc. prescribed in Article 28 (2) 13 of the Act, public officials employed with the intention of engaging in special services prescribed in the latter part of Article 16 (1) 13: Five years. |
| (7) | Where the appointing authority or appointment-recommendation authority transfers a public official employed through a competitive recruitment examination for career service positions, etc. to a position of the same or similar duties, he or she may set the compulsory period of service in a position as two years, notwithstanding the main clause of paragraph (6): Provided, That this shall not apply to any of the following cases: <Newly Inserted on Dec. 27, 2022> |
| 1. | Where a public official is selected to perform special duties for which it is impracticable to find a qualified substitute; |
| 2. | Where a public official is selected for long-term service at a specific agency or region; |
| 3. | Where long-term service is deemed particularly necessary to perform major presidential agenda or urgent pending affairs or to secure professional capabilities relating to a position to which appointment is scheduled, etc. |
| (8) | Where the appointing authority or appointment-recommendation authority intends to transfer a public official before the compulsory period of service in a position expires pursuant to paragraph (3) or the proviso, with the exception of the subparagraphs, of paragraph (6), he or she shall obtain prior approval from the competent Minister when he or she intends to transfer such public official on the grounds prescribed in paragraph (3) 6: Provided, That the competent Minister may delegate the authority to grant prior approval, to the head of an auxiliary agency where high-ranking officials are assigned (including an assisting agency and a temporary organization equivalent thereto) or the head of the affiliated agency led by a senior public official, to public officials of the auxiliary agency or the affiliated agency, and in the case of a position designated as exceptions to the application of prior approval by the competent Minister among positions in which public officials perform simple repetitive tasks, civil affairs, regulation, or support tasks, the public official may be transferred without prior approval. <Amended on Sep. 25, 2015; Dec. 29, 2017; Sep. 22, 2020; Dec. 27, 2022; Dec. 26, 2023> |
| (9) | A person who passes a competitive recruitment examination for career service positions, etc. administered after determining an area in which he or she is scheduled to serve or an agency in which he or she is scheduled to serve pursuant to Article 37 (2) of the Act may be transferred to another area or another agency (referring to an agency having a different head who is a senior executive or above and is vested with the appointment authority prescribed in Article 5 (2)) after the five-year compulsory periods of service in position have elapsed from the date on which he or she is appointed to the relevant area or the relevant agency: Provided, That this shall not apply where he or she is transferred due to the reshaping of an organization, or any changes to the organization of a government agency or the fixed number of personnel. <Amended on Sep. 25, 2015; Jan. 31, 2017; Nov. 5, 2019; Sep. 22, 2020; Dec. 27, 2022> |
| (10) | No appointing authority shall transfer a public official under his or her control, applying for an examination for general promotion, to another agency whose unit of preparation of a list of candidates for promotion is different from that of the present agency. <Amended on Sep. 25, 2015; Dec. 27, 2022> |
| (11) | Where assigned positions in each field are managed pursuant to Article 43-2 (1), the compulsory period of service in a position under the latter part of paragraph (1) and paragraph (2) shall not apply to a person who is appointed as a probationary public official after passing a competitive recruitment examination for career service positions, etc. and a person whose occupation has been changed at, or who has been transferred from, another agency under a different competent Minister for three years from the date he or she is appointed to the first position. <Amended on Sep. 25, 2015; Sep. 22, 2020; Dec. 27, 2022> |
| (12) | The appointing authority or appointment-recommendation authority may favorably treat public officials who have continuously served in the same position for a period more than the compulsory period of service in a position for personnel management. <Newly Inserted on Sep. 25, 2015; Dec. 27, 2022> |
| (13) | Where necessary for raising the rate of observance of the compulsory period of service in a position, the Minister of Personnel Management may require each agency to formulate a relevant plan, adjust and evaluate the relevant plans after receiving them, and take necessary measures in order for each agency to observe the relevant plan. <Newly Inserted on Nov. 18, 2015; Dec. 27, 2022> |
[This Article Wholly Amended on Sep. 8, 2009]
[Title Amended on Sep. 25, 2015]
| Article 45-2 (Transference to Agencies under Different Competent Ministers) |
| (1) | Where the appointing authority or appointment-recommendation authority intends to order the transference of a public official under his or her control to another agency under a different competent Minister (hereafter in this Article referred to as "transfer to another agency") or the competent Minister intends to recommend the appointment of a public official of another agency under a different competent Minister or transfer such public official into his or her agency, they shall do so with approval of the head of the relevant agency: Provided, That this shall not apply to any of the following cases: |
| 1. | Where the appointing authority or appointment-recommendation authority recommends the appointment of a public official belonging to another Senior Executive Service under a different competent Minister pursuant to the former part of Article 32 (1) of the Act; |
| 2. | Where a public official is transferred into the relevant agency or to another agency in accordance with a plan for personnel rotation under Article 32-2 of the Act. |
| (2) | Transfer to another agency may be allowed to a public official who passes an open competitive recruitment examination for Grade V administered pursuant to Article 21 of the Decree on Public Officials Appointment Examinations, only after three years of a transfer restriction period (excluding the period of appointment as a probational public official, the period of leave of absence, the period of a disposition of release from a position, and the period during which such public official did not perform a duty due to a disposition of degradation or duty suspension; hereafter in this Article the same shall apply) have elapsed from the date of his or her first appointment, except in any of the following cases: <Amended on Dec. 27, 2022> |
| 1. | Where a public official is transferred to another agency due to the reorganization of an organization or any change to the organization of an office or the fixed number of personnel; |
| 2. | Where a public official is transferred to another agency as needed for purposes of managing personnel of a newly-established or consolidated central administrative agency. |
| (3) | Transfer to another agency may be allowed to a public official employed through a competitive recruitment examination for career service positions, etc. pursuant to Article 28 (2) 2, 3, 6 through 10, 12, and 13 of the Act, only after five years of a transfer restriction period (or three years for a public official employed pursuant to Article 28 (2) 7 of the Act) have elapsed from the date of his or her first appointment: Provided, That this shall not apply where the relevant public official is to be transferred due to the reorganization of an organization or any change to the organization of an office or the fixed number of personnel. |
| (4) | Transfer to another agency may be allowed to a person who has passed an open competitive recruitment examination for appointment conducted after having predetermined areas of service or agencies for which service is scheduled under Article 37 (2) of the Act, only after five years of a transfer restriction period have elapsed from the date he or she is appointed to the relevant area or relevant agency: Provided, That this shall not apply where the relevant public official is to be transferred due to the reorganization of an organization or any change to the organization of an office or the fixed number of personnel. |
| (5) | No appointing authority shall transfer a public official under his or her control who is applying for an examination for general promotion, to another agency whose unit of preparation of a list of candidates for promotion is different from that of the present agency. |
[This Article Wholly Amended on Sep. 22, 2020]
| Article 45-3 (Exceptional Transference of Public Officials in Fixed Term Positions) |
In any of the following cases, the appointing authority or appointment-recommendation authority may order the transference of a public official in a fixed term position from the relevant position to another position. In such cases, where a public official in a fixed term position falls under subparagraph 1, he or she shall be deemed appointed according to the previous requirements for appointment regarding the period of service, an annual salary grade, etc. of a public official in a fixed term position: <Amended on Nov. 19, 2014>
| 1. | Where a public official in a fixed term position falls under any of the following, in which cases the organization is reshaped, the organization of a government agency or the fixed number of personnel is changed or abolished: |
| (a) | Where the relevant public official in a fixed term position is continuously appointed for the period of service without changing the class and the field of duties due to the transfer of the fixed number of personnel to other agencies, etc.; |
| (b) | Where the competent Minister continues to appoint a public official in a fixed term position to the position of another public official in a fixed term position whose class or field of duties is identical or similar to that of such public official in a fixed term position within the same agency, as determined by the Minister of Personnel Management; |
| 2. | Where a public official in a career service position who is not a public official in a fixed term position is transferred again to the position of the public official in career service who is not a public official in a fixed term position after appointing him or her as a public official in a fixed term position. |
[This Article Newly Inserted on Nov. 20, 2013]
[Title Amended on Sep. 25, 2015]
| Article 46 (Transference of Probationary Public Officials to Agencies of Regular Service) |
Where a probationary public official under control completes practical training, the Minister of Personnel Management shall change the placement of such public official to an agency for which such public official will work regularly, by applying Article 13 (1) and (2) mutatis mutandis thereto, and where the number of the current staff members exceeds the fixed number of personnel as a result of the change of position, the relevant agency shall be considered to have the separately fixed number of personnel corresponding to the number of such staff members until the fixed number of personnel and the number of current personnel coincide. <Amended on Mar. 7, 2011; Mar. 23, 2013; Nov. 19, 2014> [This Article Wholly Amended on Sep. 8, 2009]
| Article 47 (Exchange of Personnel of Public Officials Working in Special Areas) |
| (1) | Where a public official provided in Article 12 (1) of the Regulations on Allowances for Public Officials who is of Grade V or below (excluding public officials of the maritime traffic facilities functional subcategory of the maritime and fishery functional category) worked in a relevant island or remote area for consecutive two years or above, the competent Minister shall order the transference of such public official to another agency located in an area other than the island or remote area by formulating a personnel exchange plan. In such cases, the transference of such public official shall be made to the agency the person in question desires to work for in principle within the scope the competent Minister determines. <Amended on Nov. 20, 2013; Sep. 22, 2020; Aug. 30, 2023> |
| (2) | In cases of paragraph (1), if the person in question does not desire to change his or her placement to another agency or there exist special grounds, the competent Minister may exclude such public official from persons subject to change of position, and may separately determine the period of service of public officials to be subject to change of position within the scope not exceeding three years in consideration of the special characteristics of the relevant agency. |
[This Article Wholly Amended on Sep. 8, 2009]
| Article 48 (Exchange of Personnel Members between Administrative Agencies) |
| (1) | The Minister of Personnel Management may, when falling under any of the following cases under Article 32-2 of the Act, formulate and implement a personnel exchange plan between administrative agencies (hereinafter referred to as "personnel exchange plan"). In such cases, the Minister of Personnel Management shall reflect the personnel exchange plan by functional category referred to in the latter part of paragraph (2) in the personnel exchange plan: <Amended on Jan. 26, 2012; Mar. 23, 2013; Feb. 5, 2014; Nov. 19, 2014> |
| 1. | Where it is necessary for the balanced placement and efficient utilization of personnel members, promotion of cooperative system between administrative agencies, security of connectivity between formulation and implementation of national policies, offering of opportunities for comprehensive development of abilities of public officials, etc.; |
| 2. | Where it is necessary for the settlement of predicaments of public officials, such as a dual-worker family, childcare, supporting parents, or nursing family members. |
| (2) | Exchange of personnel in paragraph (1) 1 shall be implemented by administrative area, such as economy, technology, society, culture and general administration, by organizational class between central administrative agencies and local administrative agencies or by specialized job similar in terms of characteristics of duties. In such cases, in order to activate the exchange of personnel of public officials of functional category of which the fixed number of persons prescribed by statutes and regulations which provide for organization and personnel is small, the Minister of Personnel Management may designate another central administrative agency or an agency belonging thereto as an agency in charge of exchange of personnel through consultations between relevant agencies, and have such agency formulate and implement a personnel exchange plan by functional category. <Amended on Jan. 26, 2012; Feb. 5, 2014; Nov. 19, 2014> |
| (4) | Where a public official in service who is appointed to a position eligible for the exchange of personnel referred to in paragraph (1) 1 wishes to return to his or her original agency after the period of personnel exchange expires, the head of the original agency shall appoint the relevant public official to his or her original agency. <Newly Inserted on Nov. 5, 2019> |
| (5) | Where the number of current public officials of the original agency exceeds the fixed number of personnel as a result of appointment under paragraph (4), it shall be considered that the relevant agency has the fixed number of personnel corresponding to the excessive number of current personnel until the number of current public officials coincides with the fixed number of personnel. <Newly Inserted on Nov. 5, 2019> |
| (6) | Matters necessary for the exchange of personnel other than the matters provided for in paragraphs (1) through (5) shall be determined by the Minister of Personnel Management. <Amended on Jan. 26, 2012; Mar. 23, 2013; Feb. 5, 2014; Nov. 19, 2014; Nov. 5, 2019> |
[This Article Wholly Amended on Sep. 8, 2009]
| Article 49 Deleted. <Mar. 31, 2009> |
| Article 49-2 (Change of Position of Excessive Number of Current Staff Members Following Reorganization and Adjustment of Fixed Number) |
| (1) | In the case of rearranging the excessive number of current staff members under Article 6 (3) of the Act and Article 26-2 of the General Rules on the Organization and Personnel of Administrative Agencies, the change of position between agencies may be possible regardless of existence or non-existence of vacancies. |
| (2) | Notwithstanding Article 45-2 (1), the competent Minister may omit the procedures for consent to transfer to another agency or into the relevant agency in cases of transference between agencies under paragraph (1). <Amended on Sep. 22, 2020> |
| (3) | Where agencies are combined or abolished according to reorganization, or part of duties under control is transferred to an agency under a different competent Minister, the head of the original agency may determine the agency to receive the current staff members who are not included in the fixed number of personnel of the organization due to dispatch, leave of absence or other causes before reorganization through consulting with the central agency in charge of personnel affairs in consideration of careers, purpose of dispatch, details of training, etc. of the relevant public officials. In such cases, the relevant public officials shall be considered as public officials under the control of the agency to receive such public officials on the dates on which statutes and regulations pertaining to the relevant reorganization enter into force. |
| (4) | The Minister of Personnel Management may, if necessary to re-arrange (including rearrangement within the same agency) the excessive number of current staff members resulting from reorganization and adjustment of personnel, allow exemption of examinations for change of occupation or competitive recruitment examinations for career service positions, etc., notwithstanding this Decree and the Decree on Public Officials Appointment Examinations. <Amended on Jan. 26, 2012; Mar. 23, 2013; Nov. 19, 2014> |
| (5) | In the case of rating careers of a public official rearranged by changing his or her occupation under paragraph (4), the career in the class before the change of position and the career in the immediately subordinate class shall be considered to be the career in the class after the change of position and the career in the immediately subordinate class. |
[This Article Wholly Amended on Sep. 8, 2009]
| Article 49-3 (Return of Public Officials Whose Assigned Position Is Changed to Agency under Different Competent Minister) |
| (1) | Where a public official whose assigned position is changed to an agency under a different competent Minister for the conduct of national projects, etc. desires to return to the original agency, the person authorized for change of position or the person authorized to recommend the change of position may change the position of or recommend the change of position of the relevant public official to the original agency through consultation with the head of the original agency and with the Minister of Personnel Management. <Amended on Mar. 23, 2013; Nov. 19, 2014> |
| (2) | Where the number of the current personnel exceeds the fixed number of personnel due to the change of position referred to in paragraph (1), the relevant agency shall be considered to have a separately fixed number of personnel corresponding to such number of personnel until the fixed number of personnel and the number of the current personnel coincide. |
[This Article Newly Inserted on Jul. 4, 2011]
CHAPTER VII TEMPORARY RETIREMENT AND SERVICE ON ALTERNATIVE WORK SCHEDULE
| Article 50 (Scope of Private Enterprises) |
| (1) | "Private enterprises prescribed by Presidential Decree and other agencies" in Article 71 (2) 1 of the Act means any of the following corporations, etc.: <Amended on Jan. 26, 2012> |
| 1. | Corporations established for commercial purpose, such as a partnership company, limited partnership company, limited liability company and stock company which are established under the Commercial Act (including foreign companies referred to in Article 614 of the Commercial Act) and located in Korea; |
| 2. | Corporations, organizations, associations, etc. which are established under Acts other than the Commercial Act and located in Korea. |
| (2) | Notwithstanding paragraph (1), any of the following entities shall be excluded from the scope of private enterprises, etc. prescribed in paragraph (1): <Newly Inserted on Jan. 26, 2012; Mar. 23, 2013; Nov. 19, 2014; Sep. 25, 2015; Dec. 28, 2021> |
| 2. | A company belonging to a group of companies restricted from mutual investment, etc. determined by the Minister of Personnel Management among companies which belong to a group of companies restricted from mutual investment, etc. and which are prescribed in Article 31 of the Monopoly Regulation and Fair Trade Act; |
| 8. | A corporation, organization, or association, etc. corresponding to subparagraphs 1 through 7, which is determined by the Minister of Personnel Management. |
[This Article Wholly Amended on Sep. 8, 2009]
| Article 51 (Procedures for Temporary Retirement) |
| (1) | The Minister of Personnel Management shall, when necessary to implement leave of absence for nongovernmental service, formulate a plan for the operation of leave of absence for nongovernmental service which includes the following matters and publicly announce such plan through the Official Gazette, Internet, daily newspapers, etc.: <Amended on Mar. 23, 2013; Nov. 19, 2014> |
| 1. | Scope of private enterprises referred to in Article 50 and other institutions (hereinafter referred to as "private enterprises, etc."), requirements for eligibility and methods of application; |
| 2. | Number of public officials eligible for leave of absence, requirements for eligibility and methods of recommendation; |
| 3. | Standards and procedures for leave of absence for nongovernmental service; |
| 4. | Other matters necessary for the operation of leave of absence for nongovernmental service. |
| (2) | Where a head of a private enterprise, etc. which complies with the standards for qualification stipulated in the plan for the operation of leave of absence for nongovernmental service in paragraph (1) intends to employ a public official temporarily, he or she shall file an application with the Minister of Personnel Management, along with matters necessary for the employment. <Amended on Mar. 23, 2013; Nov. 19, 2014> |
| (3) | The Minister of Personnel Management shall, in receipt of an application referred to in paragraph (2), notify each competent Minister of the details thereof. <Amended on Mar. 23, 2013; Nov. 19, 2014> |
| (4) | A competent Minister shall, in receipt of a notice referred to in paragraph (3), recommend public officials in compliance with the requirements for qualification, standards, etc. to the Minister of Personnel Management in consideration of the purpose of leave of absence for nongovernmental service by the procedures for selection the Minister of Personnel Management determines. <Amended on Mar. 23, 2013; Nov. 19, 2014> |
| (5) | The Minister of Personnel Management shall screen and select eligible persons for leave of absence among public officials recommended by the competent together with the private enterprise, etc. which applied for leave of absence for nongovernmental service and notify the private enterprise, etc. and the competent Minister of the results thereof. <Amended on Mar. 23, 2013; Nov. 19, 2014> |
| (6) | The Minister of Personnel Management may, if necessary for screening in paragraph (5), hear from interested persons or request the submission of data, documents, etc. <Amended on Jan. 26, 2012; Mar. 23, 2013; Nov. 19, 2014; Dec. 26, 2023> |
| (7) | A public official selected to be eligible for leave of absence under paragraph (5) (hereinafter referred to as "expected public official of leave of absence") shall conclude an employment contract with the private enterprise, etc. in terms of remuneration, working conditions, etc. In such cases, remuneration shall not be determined in excess of the standards determined by the Minister of Personnel Management. <Amended on Jan. 26, 2012; Mar. 23, 2013; Nov. 19, 2014> |
| (8) | Detailed matters necessary for operation procedures of leave of absence nongovernmental service, selection of eligible public officials, etc., other than those provided for in this Decree, shall be determined and publicly notified by the Minister of Personnel Management. <Amended on Mar. 23, 2013; Nov. 19, 2014> |
[This Article Wholly Amended on Sep. 8, 2009]
| Article 52 Deleted. <Jun. 27, 2008> |
| Article 53 (Restrictions on Leave of Absence) |
| (1) | No public official shall go on leave of absence to work for a private enterprise, etc. closely related to the business of the department in which he or she has worked for five years before the expected date of leave of absence. <Amended on Jun. 15, 2010; Jan. 26, 2012> |
| (2) | In cases falling under paragraph (1), Article 17-2 of the Public Service Ethics Act shall apply mutatis mutandis to the presence or non-presence of close relations with the business of the department in which the relevant person has worked for five years before the expected date of leave of absence from his or her office. In such cases, "person eligible for employment screening" shall be construed as "expected public official of leave of absence;" and "before retirement" as "before the expected date of leave of absence." <Amended on Jan. 26, 2012> |
| (3) | Where a private enterprise, etc. violates Article 55 (2) or (3), it shall be excluded from private enterprises, etc. eligible for leave of absence for five years from the date of such violation. <Amended on Jun. 15, 2010; Jan. 26, 2012; Sep. 25, 2015> |
[This Article Wholly Amended on Sep. 8, 2009]
| Article 54 (Matters to Be Observed by Public Officials on Leave of Absence) |
| (1) | A public official scheduled to take leave of absence shall prepare a written pledge of ethics of public officials and submit such written pledge to the competent Minister before the date of leave of absence, as determined by the Minister of Personnel Management. <Amended on Jan. 26, 2012; Mar. 23, 2013; Nov. 19, 2014> |
| (2) | A public official employed by a private enterprise, etc. after going on leave of absence under Article 51 (6) (hereinafter referred to as "public official who takes leave of absence") shall observe the obligations prescribed in statutes and regulations, such as the State Public Officials Act and the State Public Officials' Service Regulations, and observe the obligations stipulated in the employment contract concluded with the relevant private enterprise, etc. and the rules of the organization, other orders for service, etc. determined by the private enterprise, etc. in good faith. |
| (3) | No public official who takes leave of absence shall, when performing duties at private enterprises, etc., exert an unjust influence by taking advantage of his or her status as a public official, nor acquire gains against the national interests and nor conduct acts which impair the dignity of public officials. |
| (4) | No public official who takes leave of absence shall make an unjust solicitation or arrangement which undermines the fair performance of duties, such as making public officials of the agency to which he or she belonged before leave of absence violate statutes and regulations, or making such public officials abuse the positions or authority for the interests of the person in question or the private enterprise, etc. for which he or she works by taking leave of absence. <Newly Inserted on Jan. 26, 2012> |
| (5) | No public official who takes leave of absence shall become a director, an auditor, a general partner with unlimited liability who conducts business, a manager, a promoter, and an executive officer corresponding thereto of a private enterprise, etc., and receive special benefits from the relevant private enterprise, etc., such as a stock option. <Amended on Jan. 26, 2012> |
| (6) | A public official reinstated shall serve for a period more than the period of leave of absence so that he or she may utilize expertise and field experience acquired from a private enterprise, etc. in his or her public duties: Provided, That the foregoing shall not apply where the public official reinstated has consulted with the Minister of Personnel Management in advance via the competent agency, in which case there is an extenuating circumstance that he or she is unable to observe the compulsory service period. <Newly Inserted on Sep. 25, 2015> |
| (7) | The period of leave of absence prescribed in Article 71 (1) 1, 3, or 6 of the State Public Officials Act and paragraph (2) of that Article and the period of release from a position prescribed in Article 73-3 of that Act shall not be counted in the compulsory service period under the main clause of paragraph (6): Provided, That the period of line of duty sick leave shall be included in the compulsory service period. <Newly Inserted on Sep. 25, 2015; Nov. 18, 2015> |
[This Article Wholly Amended on Sep. 8, 2009]
| Article 55 (Matters to Be Observed by Private Enterprises) |
| (1) | The head of a private enterprise, etc. shall faithfully perform the payment of a proper remuneration and maintenance of working conditions, subscription to health insurance policies and industrial accident compensation insurance policies, provision of other benefits and welfare, etc., as stipulated in the employment contract. |
| (2) | The head of a private enterprise, etc. shall not treat the public officials on leave of absence in preference to other employees in terms of remuneration, position, other treatments, etc. |
| (3) | The head of a private enterprise, etc. shall not allow public officials on leave of absence, to which the agency to which such public officials belonged has a significant interest, to engage in the business of granting permission, authorization, etc. |
[This Article Wholly Amended on Sep. 8, 2009]
| Article 56 (Matters to Be Observed by Competent Ministers) |
| (1) | A competent Minister shall endeavor to ensure the proper operation of the system of leave of absence for nongovernmental service, such as conducting inspections on the actual status of work of public officials who temporarily retire from office in private enterprises, etc. and conducting self-inspection where necessary. <Amended on Sep. 25, 2015> |
| (2) | A competent Minister shall not give any disadvantages to public officials reinstated in service in the operation of personnel, such as management of positions and promotion on the pretext of leave of absence, and shall manage such public officials to work for a period corresponding to or longer than the period of leave of absence by utilizing expertise and field experience he or she acquired in the private enterprises, etc. <Amended on Jan. 26, 2012> |
| (3) | No competent Minister shall place public officials reinstated in service in divisions closely related to the private enterprises, etc. for which such public officials went on leave of absence within two years after reinstatement in service. In such cases, Article 17 (2) of the Public Service Ethics Act shall apply mutatis mutandis to the presence or non-presence of close relations. <Amended on Jan. 26, 2012> |
| (4) | In order to encourage sharing of experience and knowledge acquired in private enterprises, etc., a competent Minister shall have public officials reinstated in service submit reports on the outcomes of service activities in the private enterprise, etc. |
[This Article Wholly Amended on Sep. 8, 2009]
| Article 57 (Requests and Orders for Reinstatement in Service) |
| (1) | Where it is not possible to continue to employ a public official on leave of absence due to his or her negligence in service, violation of the employment contract, violation of service regulations, etc., the head of the relevant private enterprise, etc. may request the competent Minister to reinstate the relevant public official in service. |
| (2) | A competent Minister may, in receipt of a request to reinstate a public official on leave of absence in service from the head of the relevant private enterprise, etc. prescribed in paragraph (1) or in any of the following cases, order the relevant public official to be reinstated in service: <Amended on Jan. 26, 2012> |
| 1. | Where a public official on leave of absence violates Article 54 (2) through (5); |
| 2. | Where a head of a private enterprise, etc. violates Article 55; |
| 3. | Where a public official on leave of absence is unable to continue to work due to a disease, violation of an employment contract, etc., or is against a request for a disciplinary resolution or litigated for a criminal case prescribed in Article 78 of the Act (excluding cases where a summary order is requested). |
| (3) | The Minister of Personnel Management may inspect and evaluate matters concerning the operation of the system of leave of absence for nongovernmental service, such as the actual state of service of public officials on leave of absence. <Amended on Mar. 23, 2013; Nov. 19, 2014> |
| (4) | Where the causes prescribed in the subparagraphs of paragraph (2) arise, the Minister of Personnel Management may request the competent Minister to take necessary measures, such as reinstatement in service of public officials on leave of absence, and may, when the causes prescribed in paragraph (2) 1 arise, request the competent Minister to request a disciplinary resolution. <Amended on Jan. 26, 2012; Mar. 23, 2013; Nov. 19, 2014> |
| (5) | Where a public official on leave of absence violates Article 54 (2) through (5) or a competent Minister violates the matters to be observed in Article 56, the Minister of Personnel Management may restrict leave of absence on the ground of the employment of the public officials who work for the relevant agency by private enterprises, etc. within five years. <Newly Inserted on Jan. 26, 2012; Mar. 23, 2013; Nov. 19, 2014> |
[This Article Wholly Amended on Sep. 8, 2009]
| Article 57-2 (Child Care Leave) |
| (1) | An order to take a child care leave may be issued in a divided manner if the relevant public official desires so. <Amended on Feb. 5, 2014; Oct. 10, 2023> |
| (2) | "Special circumstance prescribed by Presidential Decree" in the proviso of Article 71 (2), with the exception of its subparagraphs, of the Act means that the total period of the periods of leave of absence for child rearing in the former status and the period of leave of absence for child rearing pursuant to Article 71 (2) 4 of the Act is at least three years for one child when a public official governed by statutes different from those governing the public officials under this Decree has become a public official under this Decree. <Newly Inserted on Feb. 5, 2014; Nov. 18, 2015> |
[This Article Wholly Amended on Sep. 8, 2009]
| Article 57-3 (Conversion to Alternative Work Schedule) |
| (1) | Where a public official who works for ordinary working hours applies for change to an alternative work schedule, the appointing authority or appointment-recommendation authority may designate him or her as a public official who serves for hours shorter than ordinary working hours pursuant to Article 26-2 of the Act. <Amended on Nov. 20, 2013; Dec. 16, 2013; Dec. 27, 2022> |
| (2) | A competent Minister shall determine the working hours of public officials who have converted to an alternative work schedule within not less than 15 hours nor more than 35 hours a week, notwithstanding Article 9 of the State Public Officials' Service Regulations. <Amended on Dec. 16, 2013; Nov. 18, 2015; Dec. 29, 2017> |
| (3) | Deleted. <Dec. 29, 2017> |
| (4) | Matters necessary for the designation of public officials to convert to an alternative work schedule, etc., other than the matters provided for in paragraphs (1) and (2), shall be determined by the Minister of Personnel Management. <Amended on Mar. 23, 2013; Dec. 16, 2013; Nov. 19, 2014; Dec. 29, 2017> |
[This Article Wholly Amended on Sep. 8, 2009]
[Title Amended on Dec. 16, 2013]
| Article 57-4 (Public Officials Who Perform Duties of Persons on Maternity Leave or Temporary Retirement for Child Rearing on Their Behalf) |
| (1) | Where a public official falls under any of the following subparagraphs, the person with the appointment authority or appointment-recommendation authority may employ a public official in a fixed term position on an alternative work schedule or public official in temporary service to vicariously perform the duties of such public official: Provided, That this shall not apply where a vacancy caused by the leave of absence of the relevant public official is filled under Article 43 (1) and (2) of the Act or a public official is ordered to vicariously perform the duties of public officials on leave of absence or leave of absence or public officials who have converted to an alternative work schedule: <Amended on Sep. 10, 2010; Nov. 20, 2013; Dec. 16, 2013; Nov. 18, 2015; Dec. 29, 2017; Oct. 10, 2023> |
| 1. | Where the public official takes leave of absence prescribed in Article 71 (1) and (2) of the Act; |
| 3. | Where the public official is designated as a public official converting to an alternative work schedule. In such cases, the working hours of a public official in a fixed term position on an alternative work schedule employed for vicariously performing the duties of such public official who has converted to an alternative work schedule shall be limited to the scope of the remaining working hours of such public officials who have converted to the flexible working hours. |
| (3) | The appointing authority or the appointment-recommendation authority may provide allowances to any of the following public officials within the budget, as prescribed by the Regulations on Allowances for Public Officials: <Newly Inserted on Dec. 26, 2023> |
| 1. | A public official who acts on behalf of a public official who is on medical leave, maternity leave, miscarriage leave, stillbirth leave, childcare leave, or line of duty sick leave under paragraph (1); |
| 2. | A public official who acts on behalf of a public official who has converted to an alternative work schedule; |
| 3. | A public official who acts on behalf of a public official being sent on a business trip or dispatched pursuant to paragraph (2). |
[This Article Wholly Amended on Sep. 8, 2009]
[Title Amended on Dec. 29, 2017]
| Article 57-5 (Management of Service of Public Officials on Temporary Retirement) |
| (1) | Where a public official on leave of absence under Article 71 of the Act conducts acts which significantly go against the purpose of leave of absence, such as violation of obligations to engage in commercial business referred to in Article 25 of the State Public Officials' Service Regulations during the period of leave of absence contrary to the grounds for leave of absence, the appointing authority or appointment-recommendation authority may order reinstatement in service. |
| (2) | In the case of being subject to an order for reinstatement in service under paragraph (1), or grounds for issuance of order for reinstatement in service referred to in paragraph (1) are discovered after reinstatement in service, such period of leave of absence shall not be included in the periods in Article 31 (1), notwithstanding Article 31 (2) 1. <Amended on Feb. 20, 2013> |
| (3) | A public official on leave of absence under Article 71 (1) 1 of the Act and paragraph (2) of that Article shall report the state of service to the appointing authority or to the appointment-recommendation authority, as determined by the Minister of Personnel Management. <Newly Inserted on Feb. 20, 2013; Mar. 23, 2013; Nov. 19, 2014> |
| (4) | Matters necessary for the management of services of persons on leave of absence, other than those provided for in paragraphs (1) through (3), shall be determined by the Minister of Personnel Management. <Newly Inserted on Feb. 20, 2013; Mar. 23, 2013; Nov. 19, 2014> |
[This Article Newly Inserted on Jun. 15, 2010]
| Article 57-6 (Employment Leave of Absence Committee) |
| (1) | The Minister of Personnel Management may establish and operate an employment leave of absence committee as determined by the Minister of Personnel Management to deliberate on the selection of institutions and positions that allow for leave of absence under Article 71 (2) 1 of the Act, the selection of persons eligible for leave of absence, and other matters necessary for the operation of leave of absence under that subparagraph. |
| (2) | Where a competent Minister intends to issue an order for leave of absence as a public official under his or her jurisdiction is temporarily employed by an international organization, a foreign institution, a college or university or research institute in Korea or abroad, or other State agencies under Article 71 (2) 1 of the Act (excluding leave of absence on the ground of employment by private enterprises, etc.), he or she shall have a prior consultation with the Minister of Personnel Management. |
[This Article Wholly Amended on Dec. 26, 2023]
| Article 57-7 (Medical Leave) |
| (1) | Where it is intended to order a public official to take a medical leave, a determination as to whether to grant a leave of absence shall be made after requiring the relevant public official to submit a written diagnosis issued by a medical care institution referred to in Article 24 of the Public Officials’ Accident Compensation Act or other data evidencing the grounds for the leave of absence. <Amended on Nov. 30, 2021; Oct. 10, 2023> |
| (2) | Where the appointing authority or the appointment-recommendation authority intends to determine whether to grant a leave of absence pursuant to paragraph (1), he or she may seek advice from an appointment examination committee on the necessity of granting a leave of absence. In such cases, notwithstanding Article 10-4 (3) and (4), the appointment examination committee shall include at least one relevant expert as a member of the committee. <Newly Inserted on Nov. 30, 2021; Dec. 26, 2023> |
| (3) | Where the appointing authority or the appointment-recommendation authority intends to order a public official who has been ordered to take a line of duty sick leave on the same grounds as the original grounds for granting a leave of absence and where the cumulative period of leave of absence exceeds three years, a resolution by an appointment examination committee is required. In such cases, notwithstanding Article 10-4 (3) and (4), the appointment examination committee shall include at least one relevant expert as a member of the committee. <Newly Inserted by Nov. 30, 2021; Dec. 26, 2023> |
| (5) | When a period for which an approval for line of duty care or additional medical care or a determination on medical care benefits or additional medical care is effective (including the extended medical care period) expires, neither a new order for a line of duty sick leave nor an order for an extension of the period of leave of absence shall be issued on the same grounds. <Newly Inserted on Nov. 30, 2021> |
| (6) | Where a public official on a sick leave under the main clause, with the exception of the items, of subparagraph 1 of Article 72 of the Act or a public official whose period of such leave of absence expires meets the requirements for a line of duty sick leave, his or her first sick leave may be revoked and thereafter a line of duty sick leave may be ordered retroactively to the date the order of the first sick leave was issued; or the order of the first sick leave may be changed to the order of a line of duty sick leave. <Amended on Nov. 30, 2021> |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for the operation of the sick leave system shall be determined by the Minister of Personnel Management. <Amended on Nov. 30, 2021> |
[This Article Wholly Amended on Feb. 25, 2020]
| Article 57-8 (Family Care Leave) |
"Where he or she meets requirements prescribed by Presidential Decree, etc." in the proviso of Article 71 (2) 5 of the Act means any of the following cases: <Amended on Nov. 30, 2021> | 1. | Caring for grandparents: Where there is no lineal descendant of the grandparents except for the person in question: Provided, That it shall include cases where there is another lineal descendant but it is unavoidable for the person in question to care for his or her grandparents since such lineal descendant is ill, old, disabled, or a minor, etc.; |
| 2. | Caring for grandchildren: Where there is no lineal ascendant and siblings of the grandchildren except for the person in question: Provided, That it shall include cases where there is another lineal ascendant or sibling but it is unavoidable for the person in question to care for his or her grandchildren since such lineal ascendant or sibling is ill, old, disabled, or a minor, etc. |
[This Article Newly Inserted on Feb. 5, 2014]
[Title Amended on Nov. 30, 2021]
| Article 57-9 (Duty of Persons Who Take Leave of Absence due to Employment by International Organization to Serve) |
| (1) | A public official who receives financial support from the international burdens budget compiled under the jurisdiction of the Ministry of Personnel Management, in whose case he or she takes leave of absence because he or she is temporarily employed by an international organization pursuant to Article 71 (2) 1 of the Act, shall serve for a period equivalent to the period of leave of absence: Provided, That the foregoing shall not apply where the relevant public official has consulted with the Minister of Personnel Management in advance via the competent agency, in which case there is a special circumstance where he or she is unable to observe the compulsory service period, or he or she has been officially employed by the relevant international organization. |
| (2) | The period of leave of absence prescribed in Article 71 (1) 1, 3, and 6 of the Act and paragraph (2) of that Article and the period of release from a position prescribed in Article 73-3 of the Act shall not be included in the compulsory service period under the main clause of paragraph (1): Provided, That the period of leave of absence due to any disease or injury in line of duty shall be included in the compulsory service period. |
[This Article Newly Inserted on Nov. 18, 2015]
| Article 57-10 (Leave of Absence for Self-Development) |
| (1) | "Period prescribed by Presidential Decree, etc." in Article 71 (2) 7 of the Act means at least five years. |
| (2) | A public official reinstated after leave of absence (hereinafter referred to as "leave of absence for self-development") prescribed in Article 71 (2) 7 of the Act may take leave of absence for self-development again only after serving for at least 10 years after reinstatement. |
| (3) | The period of leave of absence, the period of release from a position, and the period during which a public official has not performed his or her duties due to degradation or suspension from office shall not be included in the periods prescribed in paragraphs (1) and (2). |
| (4) | Other than the matters provided for in paragraphs (1) through (3), matters necessary for the management of leave of absence for self-development shall be determined by the Minister of Personnel Management. |
[This Article Newly Inserted on Jun. 24, 2016]
CHAPTER VIII GUARANTEE OF STATUS
| Article 58 (Scope of Demotion) |
In the case of demoting public officials, such public officials shall be appointed to the immediately subordinate class.
[This Article Newly Inserted on Dec. 31, 1982]
[Moved from Article 50 <Jul. 10, 2002>]
| Article 59 (Method of Preferential Promotion of Demoted Persons) |
| (1) | Where there are not less than two persons demoted to the same class (excluding persons demoted under the consent of the person in question), the order of preferential appointment shall follow the order of dates of demotion, and if the dates of demotion are the same, it shall follow the order of dates of appointment to the class before demotion. |
| (2) | In the case of preferentially promoting a public official demoted under the consent of the person in question under the proviso of Article 73-4 (2) of the Act, efforts shall be made to maintain a proper balance with other public officials to be promoted in consideration of the careers of the person in question and the situation of personnel of the relevant agency. In such cases, if there are two or more persons demoted to the same class, the order of preferential promotion shall follow the order of dates of demotion, and if the dates of demotion are the same, it shall follow the order of dates of appointment to the class before demotion. |
[This Article Wholly Amended on Sep. 8, 2009]
| Article 60 (Irregularities Subject to Removal from Office) |
"Irregularities prescribed by Presidential Decree, such as financial corruption and sex crimes" in Article 73-3 (1) 6 of the Act means any of the following: | 1. | Acts prescribed in the subparagraphs of Article 78-2 (1) of the Act; |
| 4. | Acts which seriously compromise the dignity of a person as a public official, making him or her no longer fit for the position. |
[This Article Newly Inserted on Nov. 18, 2015]
CHAPTER IX SUPPLEMENTARY PROVISIONS
| Article 61 Deleted. <Feb. 29, 2008> |
ADDENDA <Presidential Decree No. 3877, Apr. 11, 1969>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That Article 34 (1) shall enter into force on June 30, 1969 and Article 34 (2), on April 30, 1969. |
| (2) | (Transitional Measures) Of public officials of the telegraphic functional category of the time this Decree enters into force, public officials of Grades IV and V mainly engaging in administrative affairs shall be considered to be appointed to the relevant class of the administrative functional category, public officials qualified as wired telegraph operators and wireless telegraph operators, to the relevant class of the functional category of wired telegraph operators or wireless telegraph operators as determined by the Minister of Postal Service, and public officials of Grades IV and V engaging in wired and wireless telegraph operations without being qualified as wired telegraph operators and wireless telegraph operators shall be appointed to the relevant classes of the functional category of wired telegraph operators wireless telegraph operators through unassembled tests and oral tests within one month from the date on which this Decree enters into force, and assistant editorial officers and probationary editorial officers of the time this Decree enters into force shall be considered to be appointed as editorial officers under this Decree. |
| (3) | (Transitional Measures) Of the train driving functional category of the machinery functional group of attached Table 2 of the time this Decree enters into force, enginemen of Grade I, II, and III in service shall be considered to be appointed as public officials of Grade IV (a), IV (b), or V (a) of the train driving functional category of the industrial functional group of attached Table 1 of this Decree, and stokers of the same training driving functional category as assistant enginemen under this Decree and chief enginemen as enginemen under this Decree. |
| (5) | (Transitional Measures) Notwithstanding Article 21, the validity of passing special employment examinations under the former provisions shall be six months from the date on which this Decree enters into force. |
ADDENDA <Presidential Decree No. 5449, Dec. 31, 1970>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Provisions) Public officials of Grade III (b) or below of the functional category of finance and economy, taxation, audit, and statistics of the functional group of finance and economy and of the functional category of transportation, legislation, judicial affairs, and compilation of the administrative functional group in attached Table 1 of the time this Decree enters into force shall be considered to be appointed to the relevant class of the administrative functional category of the administrative functional group, public officials of the functional category of art and science of the art and science functional group, to the relevant class of the functional category of art and science of the functional group of bachelor's degrees, public officials of the editorial functional category of the administrative functional group to the relevant class of the editorial and research functional category of the functional group of bachelor's degrees, public officials of signal functional category of the industrial functional group to the relevant class of the electricity functional category of the same functional group, public officials of the geological functional category of the mining functional group to the relevant class of the mining research functional category of the same functional group, public officials of the functional category of agriculture, forestry, forest protection and plant disinfection of the agricultural functional group to the relevant class of the agriculture and forestry functional category of the same functional group, public officials of the ship navigation, ship engine and ship marking functional category of the ship functional group to the relevant class of the ship functional category of the same functional group, public officials of fishery advice functional category of the fishery functional group to the relevant class of the fishery functional category of the same functional group, public officials of agriculture and civil engineering functional category of the agriculture and forestry functional group to the relevant class of the civil engineering functional category of the facility functional group, public officials of the functional category of wired telegraph operation and wireless telegraph operation of the communication functional group to the relevant class of the functional category of telegraph operators of the same functional group, public officials of the functional category of communication machines and communication cable of the communication functional group to the relevant class of the communication technology functional category of the same functional group, and public officials of the functional category of carrier technology and wireless technology of the communication functional group to the relevant class of the transmission technology functional category of the same functional group. |
| (3) | (Transitional Provisions) An administration management official of Grade I in the attached Table 1 of at the time this Decree enters into force shall be considered to be appointed as a management official; finance and economy executive officer, statistics executive officer, administration executive officer, legislation officer, and legal affair executive officer of Grade II (a), as an executive officer; deputy finance and economy executive officer, deputy statistics executive officer, deputy administration executive officer, legislation officer, deputy legal affair executive officer and editorial officer of Grade II (b) as deputy executive officer; and secretary officer of finance and economy, audit officer, secretary officer of statistics, secretary officer of administration, secretary officer of transportation, legislation officer, legal affair officer, editorial officer, and librarian officer of Grade III (a) as secretary officer. |
| (4) | (Transitional Provisions) An assisting correctional officer in attached Table 1 of the time this Decree enters into force shall be considered to be appointed as an assisting correctional officer of Grade III (b); an assisting protection and guidance officer as a protection and guidance officer of Grade III (b); an assisting librarian officer as a librarian officer; an assisting agricultural advisory officer as an agricultural advisory officer of Grade III (b); an assisting veterinarian officer as a veterinarian officer of Grade III (b); and an assisting fishery research officer as a fishery research officer. |
| (5) | (Transitional Provisions) A public official of the functional category of entertainment and Korean classical music of the art and science functional group, functional category of broadcasting and church of the administration functional group and functional category of advice on living of the agriculture and forestry functional group in attached Table 1 of the time this Decree enters into force shall be considered to be appointed as a public official in extraordinary civil service equivalent to the relevant sub-class. |
| (6) | (Transitional Provisions) A public official of the communication functional category and telephone repairing functional category of the communication functional group in attached Table 2 of the time this Decree enters into force shall be considered to be appointed to the relevant class of the relevant functional category of the telecommunication functional group; a public official of the functional category of heating, boiler, water test, mechanical driving, break ground, mechanical construction of the mechanical functional group to the relevant class of the mechanical functional category of the same functional group; a public official of the functional category of mechanical construction and boiler of the marine engine functional group to the relevant class of the marine engine functional category of the ship functional group; a public official of the functional category of coal and water, labor and public security of the transportation functional group to the relevant class of the transportation functional category of the same functional group; a public official of forest management functional category of the agriculture and forestry functional group, maintenance and repair functional category of the machinery functional group, maintenance and repair functional category of the electricity jog group, assistant nurse functional category of the health functional group, fire-fighting functional category of the aviation functional group and miscellaneous business functional category of the administrative assistance functional group to the relevant class of the miscellaneous functional category of the miscellaneous functional group. |
| (7) | (Transitional Provisions) Functional categories of local public officials who fall into the integrated functional category in the application of this Decree are as follows:ClassificationLocal public officialsState public officialsClass I through VFinance and economy, tax affairs, administrationAdministrationAgriculture, forestryAgriculture and forestryAgricultural civil engineering, civil engineeringCivil engineeringWired communication, wireless communicationTelegraph operatorTechnical positionBoiler, mechanical driving, break groundMachineryForest management, miscellaneous affairsMiscellaneous affairs |
| (8) | Deleted <1978. 12. 30.> |
ADDENDA <Presidential Decree No. 5606, Apr. 19, 1971>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) Of public officials of the administration functional category of the administration functional group in attached Table 1 of the time this Decree enters into force, the respective public officials in charge of audit at the Board of Audit and Inspection of Korea shall be considered to be appointed as public officials of the relevant class of the audit functional category of the same functional group on the date on which this Decree enters into force. |
| (3) | (Transitional Measures) Of public officials in technical service in attached Table 2 of the time this Decree enters into force, public officials of grade I serving at fieldwork agencies of railroads, monopoly and postal services shall be considered to be appointed as relevant public officials of grade VI of the railroad, monopoly and postal service fieldwork functional category of the railroad, monopoly and postal service fieldwork functional group; public officials of grade II as public officials of grade VII of the same; public officials of grade III as public officials of grade VIII of the same; public officials of grade IV as public officials of grade IX of the same; public officials of grade V as public officials of grade X of the same; public officials of grade VI as public officials of grade XI of the same; public officials of grade VII as public officials of grade XII of the same; public officials of grade VIII as public officials of grade XIII of the same on April 1, 1971. |
| (4) | (Transitional Measures) Of public officials in technical service in attached Table 2 excluding the public officials provided for in the previous paragraph of the time this Decree enters into force, public officials of grade I shall be considered to be appointed as public officials of grade VI of the relevant functional category of the relevant amended functional group; public officials of grade II as public officials of grade VII of the same; public officials of grade III as public officials of grade VIII of the same; public officials of grade IV as public officials of grade IX of the same; public officials of grade V as public officials of grade X of the same; public officials of grade VI as public officials of grade XI of the same; public officials of grade VII as public officials of grade XII of the same; and public officials of grade VIII as public officials of grade XIII on April 1, 1971. |
| (5) | (Transitional Measures) In the case of promoting a public official in technical service who serves at a fieldwork agency of railroad, monopoly and postal service at the time this Decree enters into force to a public official in technical service of grade V or above within three months from the date on which this Decree enters into force, he or she may be appointed according to the standards for promotion the competent Minister determines in consultation with the Minister of Government Administration, notwithstanding Articles 32 (1) and 34 (4). |
| (6) | (Transitional Measures) In the case of employing an employee who engages in the relevant services of the railroad, monopoly and postal service fieldwork functional category in attached Table 2 at the time this Decree enter into force as a public official in technical service of the grade corresponding to the salary amount thereof within three months from the date on which this Decree enters into force, the recruitment examinations concerned shall be exempt. |
ADDENDA <Presidential Decree No. 5870, Dec. 11, 1971>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That Article 16 shall enter into force on January 1, 1972. |
| (2) | (Transitional Measures) Where a written request for a special recruitment examination as referred to in Article 16 is received by the agency implementing the examination as at December 31, 1971, it shall be governed by the former provisions. |
ADDENDUM <Presidential Decree No. 5942, Dec. 31, 1971>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 6258, Jun. 28, 1972>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) Standards for reduction of period of probationary appointment of persons who have already passed recruitment examinations as at the time this Decree enters into force shall be governed by the former provisions. |
| (3) | (Abolished Statutes and Regulations) Matters concerning the Standards for Reduction of Period of Probationary Appointment (Ordinance of the Prime Minister No. 74) shall be abolished as soon as this Decree enters into force. |
ADDENDA <Presidential Decree No. 6474, Jan. 25, 1973>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) An investigator of Grade III (a) of attached Table 1 of the time this Decree enter into force shall be considered to be appointed as a 4th-Grade investigator; a prosecutor or investigator of Grade III (b) as a 5th-Grade prosecutor or investigator; a prosecutor of Grade IV (a) as a 6th-Grade prosecutor; a prosecutor of Grade IV (b) as a 7th-Grade prosecutor; and a prosecutor of Grade 5 (a) as an 8th-Grade prosecutor. |
| (3) | (Transitional Measures) Notwithstanding Article 16 (1) 3, with respect to public officials in extraordinary civil service who hold office in the Presidential Secretariat and Prime Minister's Secretariat as at the time this Decree enters into force and are requested to take special recruitment examinations for public officials in general service within six months from the date on which this Decree enters into force, persons with experience falling into the sub-Grade for which appointment is scheduled for not less than six months may be specially employed. In such cases, Article 37 (2) shall not apply thereto. |
| (4) | (Transitional Measures) In the application of Article 34 (1) to persons who are requested to take special recruitment examinations under the preceding provisions and pass such examinations, the number of years in which he or she held office in extraordinary civil service of the relevant sub-Grade shall be added. |
| (5) | (Transitional Measures) Notwithstanding Article 24, with respect to persons who pass special recruitment examinations as they are requested to take under paragraph (3), the period of probationary appointment may be reduced by converting the experience of the relevant sub-Grade to the period of probationary appointment. |
ADDENDA <Presidential Decree No. 6622, Apr. 9, 1973>
| (1) | (Enforcement Date) This Decree shall enter into force on April 1, 1973: Provided, That the provisions pertaining to public officials of Grade III-A or above and Grade IV or above and public officials in technical service in Articles 32, 32-2, 33 and 34 shall enter into force on May 1, 1973 and Article 10-2, on January 1, 1974. |
| (2) | (Abolished Statutes and Regulations) The Career Rating Regulations (Presidential Decree No. 5044) shall be abolished as soon as this Decree enters into force. |
| (3) | (Transitional Measures concerning Requirements for Special Employment) Requirements for special employment of persons for whom a special recruitment examination is under way as at the time this Decree enters into force shall be governed by the former provisions. |
| (4) | (Transitional Measures concerning Registers of Candidates for Promotion) Registers of candidates for promotion under the former provisions as at the time this Decree enters into force shall not be effective as soon as this Decree enters into force, and shall be prepared again under this Decree, based on the date of enforcement of this Decree. |
| (5) | (Transitional Measures concerning Promotion) Promotion of persons (including persons requested to take a special promotion examination) for whom promotion to Grade III (b) or above is under way as at the time this Decree enters into force shall be governed by the former provisions. |
| (6) | (Restrictions on Promotion of Persons Specially Employed for Islands and Remote Areas) Article 35 (4) of this Decree shall not apply to persons who pass special employment examinations as referred to in the former Article 16 (3) as at the time this Decree enters into force. |
| (7) | (Transitional Measures Following Abolition of Functional Category) Public officials of the nuclear research functional category in attached Table 1 as at the time this Decree enters into force shall be considered to be appointed to the relevant class of the industrial research functional category of the industrial functional group as soon as this Decree enters into force. |
| (8) | (Transitional Measures Following New Establishment of Functional Category) Of public officials in attached Table 1, public officials of Grades III through V of the research functional category and technical functional category who engage in the area of ginseng at the Monopoly Bureau as at the time this Decree enters into force shall be considered to be appointed to the relevant classes of the ginseng functional category of the agriculture and forestry functional group as soon as this Decree enters into force. |
| (9) | (Transitional Measures Following New Establishment of Functional Category) Of public officials in attached Table 1, public officials of Grades III through V of the civil engineering functional category who engage in land surveying as at the time this Decree enters into force shall be considered to be appointed to the relevant classes of the land surveying functional category of the facility functional group as soon as this Decree enters into force. |
| (10) | (Transitional Measures concerning Minimum Number of Years Required for Promotion) The period of appointment as a conditional or probationary public official under the former provisions who is a successful applicant in an open competitive recruitment examination for Grade III (b) shall be included in the minimum number of years required for promotion in Article 34 (1) of this Decree. |
ADDENDUM <Presidential Decree No. 6658, May 2, 1973>
This Decree shall enter into force on April 1, 1973.
ADDENDUM <Presidential Decree No. 6692, May 22, 1973>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 7171, Jun. 5, 1974>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Public Officials of Metallurgy Functional Category) Public officials of the metallurgy functional category in attached Table 1 at the time this Decree enters into force shall be considered to be appointed to the relevant classes of the metal functional category of the industrial functional group as soon as this Decree enters into force. |
| (3) | (Transitional Measures concerning Examination Subjects of Metal Functional Category) Subjects of examinations for new employment, change of position and promotion for the metal functional category shall follow the subjects of examination of the relevant class of the metallurgy functional category of the time this Decree enters into force until subject of examinations for the said functional category are newly determined. |
ADDENDUM <Presidential Decree No. 7278, Oct. 14, 1974>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 7428, Dec. 24, 1974>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That Article 24 (1) of this Decree shall start to apply from December 1, 1974. |
| (2) | (Transitional Measures concerning Public Officials Relevant to Prosecution Administration Functional Category of Time This Decree Enters into Force) Public officials of the prosecution administration functional category of the time this Decree enters into force shall be considered to be appointed to the relevant classes of the prosecution administration functional category of the public security functional group as at the time this Decree enters into force. |
ADDENDA <Presidential Decree No. 7786, Sep. 4, 1975>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the proviso of Article 33 (1) shall enter into force on January 31, 1976 for public officials of Grade IV (a) or above and on November 30, 1975 for public officials of Grade IV (b) or below and public officials in technical service. |
| (2) | (Transitional Measures concerning Careers of Service in Special Areas) In the case of calculating the period of service in a special area under Article 27-2 (1), the period of service in the relevant special area (including the period of service before the area is designated as a special area) before this Decree enters into force shall be also included. |
| (3) | (Transitional Measures concerning Additional Points for Careers of Service in Special Areas) Additional points for careers of service in islands, remote areas, etc. under the proviso of Article 33 (1) shall also apply to careers of service in such areas (including careers of service before such areas are designated as special areas) before this Decree enters into force. |
ADDENDA <Presidential Decree No. 7940, Dec. 31, 1975>
| (1) | (Enforcement Date) This Decree shall enter into force on January 1, 1976. |
| (2) | (Transitional Measures concerning Period of Probation of Re-Appointed Public Officials) A public official who is on probationary appointment by being reappointed to the class or grade of the time of retirement as a retired State public official in general service (excluding persons on probationary appointment) at the time this Decree enters into force shall be considered to be appointed as a regular public official on the date this Decree enters into force, and the period in which the re-appointed public official holds office as a probationary public official before this Decree enters into force shall be included in the period in Article 34 (1), notwithstanding the main clause of Article 34 (2). |
| (3) | (Transitional Measures concerning Public Officials of Grades XIII through XV in Technical Service of Time This Decree Enters into Force) A public official of grades XIII through XV in technical service of the time this Decree enters into force shall be considered to be appointed to a public official of grade XII in technical service on the date this Decree enters into force. |
ADDENDA <Presidential Decree No. 8146, Jun. 4, 1976>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Registers of Candidates for Promotion) Registers of candidates for promotion under the former provision of the time this Decree enters into force shall be re-adjusted based on the date of enforcement of this Decree according to the amendment to Article 33 (1). |
| (3) | (Transitional Measures concerning Persons Successful Applicants in Open Competitive Recruitment Examinations Relevant to Classes for Which Promotion is Scheduled) A person who falls under Article 25 (1) as a probationary public official as at the time this Decree enters into force shall be considered to be appointed as a regular public official on the date he or she is appointed as a probationary public official. |
| (4) | (Transitional Measures Following Amendment of Names of Classes of Public Officials in Correctional Service) Public officials in correctional service of the time this Decree enters into force shall be considered to be appointed to the respective relevant classes of the correctional functional category as soon as this Decree enters into force, and the correctional officer of Grade III (a) provided for in other statutes and regulations as at the time this Decree enters into force shall be considered as a 4th-Grade correctional officer, a 3th-Grade correctional officer as a 7th-Grade correctional officer, a 5th-Grade correctional officer as an 8th-Grade correctional officer and another 5th-Grade correctional officer as a 9th-Grade correctional officer. |
ADDENDA <Presidential Decree No. 8269, Nov. 5, 1976>
| (1) | (Enforcement Date) This Decree shall enter into force on October 1, 1976. |
| (2) | (Transitional Measures concerning Public Officials Engaging in Immigration Control at Time This Decree Enters into Force) Public officials of the administration functional category among public officials in general service who work for the immigration bureau or immigration offices of the Ministry of Justice as at the time this Decree enters into force shall be considered to be appointed as public officials of the relevant classes of the immigration management functional category of the public security functional group on the date this Decree enters into force. |
ADDENDA <Presidential Decree No. 8691, Sep. 14, 1977>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Rating of Careers, Adjustment of Registers of Candidates for Promotion) Rating of careers and adjustment of registers of candidates for promotion under the amendment to Articles 32-2 (3) and 34 (2) shall be executed on the last day of the month to which the date of enforcement of this Decree belongs. |
| (3) | (Transitional Measures concerning Preparation of Registers of Candidates for Appointment) Registers of candidates for appointment which are under preparation as at the time this Decree enters into force shall be governed by the former provisions. |
| (4) | (Transitional Measures concerning Periods of Probation of Re-Appointed Public Officials) A local public official who is on probationary appointment by being reappointed to the class or grade of the time of retirement as a retired local public official in general service (excluding persons on probationary appointment) as at the time this Decree enters into force shall be considered to be appointed as a regular public official on the date this Decree enters into force, and the period in which the re-appointed public official holds office as a probationary public official before this Decree enters into force shall be included in the period in Article 34 (1). |
| (5) | (Transitional Measures Following Amendment of Names of Classes and Abolition of Functional Category) Of public officials of the ginseng functional category of the Monopoly Bureau of the time this Decree enters into force, public officials working in the area of ginseng cultivation (ginseng extraction division of the Monopoly Bureau and monopoly branch offices) shall be considered to be appointed to the relevant classes of the agriculture and forestry functional category; public officials working in the area of ginseng cultivation research (monopolized technology research institute, ginseng cultivation research institute, and Jeungpyeong ginseng laboratory) to the relevant classes of the agricultural research functional category; public officials working in the area of ginseng processing (ginseng product division, ginseng inspection office, Korean ginseng storehouse) to the relevant classes of the chemical engineering functional category; public officials working in the area of ginseng pharmacological research (monopolized technology research institute, ginseng pharmacological research office) to the relevant classes of the industrial research functional category; librarians of Grade V (b) as assistant librarians; industrial research engineers as industrial researchers; assistant industrial research engineers as assistant industrial researchers; assistant researchers of the relevant functional category of Grade V (a) Grade V (b) of each research functional category of the agriculture and forestry functional group as researchers or assistant researchers of the relevant functional category; fishery research engineers as fishery researchers; assistant fishery research engineers as assistant fishery researchers; fishery research engineering staff as fishery research staff; and fishery research engineering assistant staff as fishery research assistant staff. |
ADDENDA <Presidential Decree No. 8795, Dec. 30, 1977>
| (1) | (Enforcement Date) This Decree shall enter into force on January 1, 1978. |
| (2) | (Transitional Measures concerning Public Officials of Grades XI and XII in Technical Service of Time This Decree Enters into Force) A public official of grades XI and XII in technical service of the time this Decree enters into force shall be considered to be appointed as a public official of grade X in technical service on the date this Decree enters into force. |
ADDENDUM <Presidential Decree No. 8920, Apr. 6, 1978>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 9076, Jul. 1, 1978>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Graduates from Junior Colleges) Vocational colleges in Article 16 (1) 7 of the Decree shall be considered as junior colleges, specialized vocational high schools or specialized schools by December 31, 1978 and thereafter, vocational colleges shall be considered to include junior colleges, specialized vocational high schools and specialized schools. |
ADDENDA <Presidential Decree No. 9264, Dec. 30, 1978>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 1979.
Article 2 (Applicability)
The rating of additional points when preparing a register of candidates for promotion with careers of working for education and training institutions under the proviso of Article 33 (1) shall be conducted limitedly to careers after the date of enforcement of this Decree. Article 3 (Transitional Measures Following New Establishment of Functional Category)
| (1) | Of public officials belonging to the National Tax Service and Korea Customs Service who hold office as at the time this Decree enters into force, public officials of Grade IV or below of the administration functional category shall be considered to be appointed to the relevant classes of the tax affair functional category on the date of enforcement of this Decree, notwithstanding the office organization (including provisions pertaining to the fixed number of personnel; hereinafter the same shall apply) of the relevant agency. |
| (2) | Notwithstanding Article 15 and the office organization of the relevant agencies, candidates for employment in administrative positions of Grade IV or below of the time this Decree enters into force may be appointed as public officials of the tax affair functional category of the relevant classes without undergoing examinations for change of position. |
| (3) | Notwithstanding the office organization of the relevant agencies, public officials of the administration functional category of Grade IV or below who hold office in the transportation bureau and examination office of the Korea National Railroad and transportation divisions of regional Korean National Railroad and public officials of Grade IV or below of the administration functional category among stationmasters and assistants to stationmasters (train offices) and office staff (station and train offices) shall be considered to be appointed as public officials of the transportation functional category of the relevant sub-classes on the date this Decree enters into force, and notwithstanding the office organization of the relevant agency, assistants to stationmasters (station and train offices), heads of branch offices (train offices), directors in charge of passengers, office staff (station and train offices), staff in charge of shift (train offices) and conductors may be appointed as 6th-grade transportation officials if they are of grades 1 through 6, as 7th-grade transportation officials if they are of grade 7, 8th-grade transportation official if they are of grade 7, and as 9th-grade transportation officials if they are of grade 9 without undergoing examinations for change of position. |
| (4) | Notwithstanding the office organization of the relevant agencies, public officials of Grade III (a) of the industrial functional group excluding the industrial research functional category who are holding office as at the time this Decree enters into force shall be considered to be appointed as industrial officials of Grade IV on the date this Decree enters into force. |
| (5) | Of public officials of the living guidance functional category who are holding office as at the time this Decree enters into force, assistant officer of living guidance shall be considered to be appointed as living guidance officers and living guidance officers of Grade III (a), as agricultural advisory officer (Grade III (a)), notwithstanding the office organization of the relevant agencies. |
| (6) | Of public officials in technical service of the ship functional category who are holding office as at the time this Decree enters into force, deckhands of grades6 through 8 shall be considered to be appointed as captains of the relevant grades, bowmen of grade 8 as crewmen, helmsmen, bowmen and quarter masters of grade 9 as crewmen and steersmen and quarter masters of grade 10 as bowmen on the date this Decree enters into force, notwithstanding the office organization of the relevant agencies. |
| (7) | In cases of paragraphs (1), (3), and (5), rating of careers in the former class and calculation of the minimum number of years required for promotion shall be separately determined by the Minister of Government Administration, notwithstanding Articles 32-2 and 34. |
| (8) | In cases of paragraphs (1) through (6), the fixed number of personnel of the former classes equivalent to public officials whose position is changed shall be considered to be reduced. |
| (9) | Persons who have a career of working in the administration functional category belonging to the National Tax Service or the Customs Service for not less than one year (limited to careers for not more than eight years from the expected date of change of position) before December 31, 1978 may be appointed as public officials in tax service of the respective areas. <Newly Inserted by Presidential Decree No. 9642, Oct. 13, 1979> |
Article 4 (Transitional Measures Following Recognition of Fixed Number of Separate Personnel)
The fixed number of personnel who are assumed to exist separately with respect to public officials on dispatch as at the time this Decree enters into force shall be limited to the cases falling under subparagraph 1 of Article 28-2, on condition that the remaining period of dispatch shall be not less than one year.
ADDENDA <Presidential Decree No. 9325, Feb. 14, 1979>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
ADDENDA <Presidential Decree No. 9642, Oct. 13, 1979>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) Notwithstanding the office organization of the relevant agencies, public officials of the administration functional category who belong to the Korea National Railroad and hold office in the area of railroad public security as at the time this Decree enters into force shall be considered to be appointed as public officials of the railroad public security functional category of the relevant sub-class on the date this Decree enters into force. In such cases, the fixed number of personnel of the former classes equivalent to the public officials whose position is changed shall be considered to be reduced. |
ADDENDA <Presidential Decree No. 10345, Jun. 10, 1981>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Abolished Statutes and Regulations)
The Work Performance Rating Regulations (Presidential Decree No. 5045) and the Time-Limited Employees Regulations (Presidential Decree No. 9339) shall be abolished.
Article 3 (Transitional Measures)
| (1) | Public officials who hold concurrent office under the former Article 8-2 as at the time this Decree enters into force shall be considered to hold concurrent office under this Decree, on condition that the period of holding concurrent office shall be added from the date on which this Decree enters into force. |
| (2) | A person who falls under Article 25 (2) 2 as a public official on probationary appointment as at the time this Decree enters into force shall be considered that the period of such probationary appointment expires on the date this Decree enters into force. |
| (3) | The change of position of persons who have passed examinations for change of position as at the time this Decree enters into force shall be governed by the former provisions. |
| (4) | A person who has passed a special promotion examination to Grade III (b) as at the time this Decree enters into force shall be considered to have passed a general promotion examination under this Decree, on condition that such promotion shall be governed by the former provisions. |
| (5) | Work performance ratings under the Work Performance Rating Regulations which are conducted as at the time this Decree enters into force shall be considered as work performance ratings under this Decree. |
ADDENDA <Presidential Decree No. 11024, Dec. 31, 1982>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of attached Table 1 which pertain to the establishment of the labor supervision functional category shall enter into force on April 1, 1983. |
| (2) | (Transitional Measures concerning Change of Classes) Of information officers of the information functional category of the time this Decree enters into force, information officers of Grade IV shall be considered to be appointed as information officers of Grade IV, and information officers provided for by other statutes and regulations to be of 4th grade shall be considered to be information officers of Grade IV. |
| (3) | Transitional Measures Following Establishment of New Functional Category) Of public officials of Grades VI and VII as at April 1, 1983, persons who conduct the duties of labor supervisors shall be considered to be appointed as public officials of the relevant classes of the labor supervisor functional category on April 1, 1983. |
ADDENDA <Presidential Decree No. 11105, Apr. 20, 1983>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Validity of Registers of Candidates for Employment) The amended provisions of Article 12-2 shall also apply to the registers of candidates for employment of the relevant public officials of the public security functional group and administration functional group of Grade VI or below and public officials in technical service, which are prepared before this Decree enters into force. |
ADDENDA <Presidential Decree No. 11455, Jun. 29, 1984>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
ADDENDA <Presidential Decree No. 11602, Dec. 31, 1984>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 51 shall enter into force on January 1, 1985. |
| (2) | (Transitional Measures concerning Registers of Candidates for Promotion) Registers of candidates for promotion which are prepared under the former provisions before this Decree enters into force shall be effective until the first register of candidates for promotion is prepared after this Decree enters into force. |
| (3) | (Transitional Measures concerning Work Performance Rating) Until the first register of candidates for promotion is prepared for public officials in general service of Grade VII or below and public officials in technical service after this Decree enters into force, the work performance rating under Article 37-2 for the relevant public officials shall be governed by the former provisions, notwithstanding the amended provisions of Article 37. |
| (4) | (Transitional Measures concerning Career Rating) Where a career rating is conducted as public officials in general service of Grade VII or below and public officials in technical service reach the minimum number of years required for promotion as referred to in Article 31 (1) before the first register of candidates for promotion for the relevant public officials is prepared after this Decree enters into force, it shall be governed by the former provisions, notwithstanding the amended provisions of Articles 36 and 37-4. |
| (5) | (Transitional Measures concerning Extension of Retirement Age) Of public officials whose retirement age is extended under the former provisions before this Decree enters into force, the retirement age of persons who hold office exceeding the retirement ages under Article 74 of the Act or attached Table 2 of this Decree as at January 1, 1985 shall be considered to be extended under this Decree. |
ADDENDA <Presidential Decree No. 11838, Dec. 31, 1985>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Abolition of Classes) Notwithstanding the amended provisions of attached Table 1, each class of the agricultural advice functional category, living guidance functional category, medical care functional category, and nursing functional category which are to be abolished as this Decree enters into force shall be considered to exist until the office organization of the relevant agencies is amended for the first time after this Decree enters into force. |
ADDENDA <Presidential Decree No. 12050, Dec. 31, 1986>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 1987.
Article 2 (Transitional Measures concerning Abolition of Office Organization)
Notwithstanding the amended provisions of attached Table 1, each class of public officials working in the area of customs duties among the agriculture functional category and tax affair functional category as at the time this Decree enters into force shall be considered to exist until the office organization of the relevant agencies is amended for the first time after this Decree enters into force.
Article 3 (Transitional Measures concerning Appointments)
| (1) | Of public officials of the tax affair functional category who hold office as at the time this Decree enters into force, public officials working in the area of customs duties shall be considered to be appointed to the relevant classes of the customs duties functional category, public officials working in the areas at agriculture, sericulture, tobacco, plant protection and cultivation of ginseng of the agriculture functional category to the relevant classes of the agriculture functional category, and public officials working in the areas at forestry and forest protection to the relevant classes of the forestry functional category on the date on which the office organization of the relevant agencies is amended for the first time after this Decree enters into force. |
| (2) | A person who has passed an examination for employment of public officials of the agriculture functional category before this Decree enters into force shall be considered to pass an employment examination for the relevant class of the agriculture functional category or forestry functional category under this Decree on the date on which the office organization of the relevant agencies is amended for the first time after this Decree enters into force. |
| (3) | A public official of the agriculture functional category who has passed a general examination for promotion to Grade V before this Decree enters into force shall be considered to have passed a general examination for promotion to Grade V both of the agriculture functional category or forestry functional category on the date on which the office organization of the relevant agencies is amended for the first time after this Decree enters into force. |
Article 4 (Applicability to Persons Whose Retirement Age is Extended)
The amended provisions of attached Table 2 pertaining to retirement ages shall also apply to persons whose retirement age is extended under the former provisions before this Decree enters into force.
ADDENDA <Presidential Decree No. 12113, Apr. 1, 1987>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date on which the Korea Monopoly Corporation is established under the Korea Monopoly Corporation Act.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 12339, Dec. 31, 1987>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Registers of Candidates for Promotion)
The registers of candidates for promotion prepared under the former provisions before this Decree enters into force for public officials in general service of Grade VI or below and public officials in technical service shall be effective until the first register of candidates for promotion to the relevant classes is prepared after this Decree enters into force.
Article 3 (Transitional Measures concerning Career Rating)
Career ratings conducted as the relevant public official reaches the minimum number of years required for promotion referred to in Article 31 (1) before the first register of candidates for promotion is prepared after this decree enters into force for public officials in general service of Grade VI or below and public officials in technical service shall be governed by the former provisions, notwithstanding the amended provisions of Article 36. Article 4 (Transitional Measures concerning Work Performance Ratings)
Until the first register of candidates for promotion is prepared after this Decree enters into force for public officials in general service of Grade VI or below and public officials in technical service, work performance rating for the relevant public officials under Article 37-2 shall be governed by the former provisions, notwithstanding the amended provisions of Article 37. Article 5 (Transitional Measures concerning Appointments)
| (1) | Notwithstanding the office organization of the relevant agencies (including provisions pertaining to the fixed number of personnel; hereinafter the same shall apply), public officials of the facility functional group who hold office as at the time this Decree enters into force shall be considered to be appointed as facility officials of Grade IV on the date on which this Decree enters into force. |
| (2) | Of public officials of the electricity functional category who hold office as at the time this Decree enters into force, public officials working in the electronic area shall be considered to be appointed to the relevant classes of the electronic functional category on the date on which the office organization of the relevant agencies is amended for the first time after this Decree enters into force. |
| (3) | A person who has passed an open recruitment examination for public officials of the electricity functional category before this Decree enters into force shall be considered to be recommended for appointment by passing an open recruitment examination for the electricity functional category or electronic functional category under this Decree on the date on which he or she is recommended for appointment to the agency expected to appoint for the first time after this Decree enters into force. |
| (4) | A person who has passed a general examination for promotion to Grade V of the electricity functional category or examination for special employment before this Decree enters into force shall be considered to have passed a general examination for promotion to Grade V of the electricity functional category or electronic functional category or examination for special employment on the date on which the office organization of the relevant agency is amended for the first time after this Decree enters into force. |
| (5) | Of public officials in technical service of the miscellaneous affair functional category who hold office as at the time this Decree enters into force, public officials in charge of driving shall be considered to be appointed as public officials in technical service of the relevant grades of the driving functional category at the time when the fixed number of public officials in technical service of the miscellaneous affair functional category is reduced as the office organization of the relevant agencies is amended and the fixed number of public officials in technical service of the driving functional category is correspondingly increased after this Decree enters into force. |
| (6) | The public officials in technical service in the left column of classes of the following table, who hold office as at the time this Decree enters into force shall be considered to be appointed to the relevant classes in the right column on the date on which this Decree enters into force:Former classesAmended classesRailroad worker |
Article 6 Omitted.
Article 7 (Transitional Measures Following Amendment of Permanent Public Official Regulations))
| (1) | Driving staff, station staff and flagman of the time this Decree enters into force may be preferentially employed as public officials in technical service of the relevant areas. |
| (2) | Notwithstanding the amended provisions of this Decree, with respect to driving staff, station staff and flagman of the time this Decree enters into force, it shall be considered that there are job titles of permanent public officials which are relevant thereto. |
ADDENDA <Presidential Decree No. 12656, Mar. 27, 1989>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 37, 37-2, and 37-4 shall apply to public officials of Grades V and VI from June 30, 1989 and to public officials of Grade VII or below and public officials in technical service from March 31, 1989. Article 2 (Transitional Measures concerning Appointments)
Appointments and recommendations of appointment under way as at the time this Decree enters into force shall be governed by the former provisions.
Article 3 (Transitional Measures concerning Registers of Candidates for Promotion)
A register of candidates for promotion prepared under the former provisions as at the time this Decree enters into force shall be effective until the first register of candidates for promotion of the relevant class is prepared after this Decree enters into force.
Article 4 (Transitional Measures concerning Ratings Except for Work Performance)
Work performance ratings conducted under the former Article 37-2 (1), (2), and (5) as at the time this Decree enters into force shall be considered as regular ratings immediately preceding the relevant rating. Article 5 (Transitional Measures concerning Appointment of Public Officials of Medical Care Functional Group)
| (1) | With respect to public officials in medical service who hold office as at the time this Decree enters into force, the person authorized to make appointments or the appointment-recommendation authority shall appoint or recommend to appoint the relevant public officials by determining the classes of the relevant public officials by applying mutatis mutandis the former Article 31 (7) after the office organization of the relevant agencies is amended. |
| (2) | Where it is intended to appoint or recommend to appoint under paragraph (1), approval shall be obtained from the Minister of Government Administration for the following matters: |
| 1. | The expected class of appointment; |
| 2. | A period which can be considered as a period of holding office in the expected class of appointment, and a period which can be considered as a period of holding office in a class immediately below the expected class of appointment during the period from December 31, 1985 to the date on which such person is appointed under paragraph (1). |
| (3) | In cases falling under any of the following subparagraphs, it shall not be necessary to obtain approval from the Minister of Government Administration: |
| 1. | Where a public official who have been holding office before the amended Regulations for Classification of Classes, Appointment, etc. of Public Officials in Research Service (Presidential Decree No. 11837) enters into force is appointed or recommended to be appointed to the class of that time; |
| 2. | Appointment or recommendation of appointment to the lowest class of the expected functional category of appointment. |
| (4) | If a period which can be considered as a period of holding office in the expected class of appointment, and a period which can be considered as a period of holding office in a class immediately below the expected class of appointment is approved by the Minister of Government Administration under paragraph (2) 2, the period during which a public official who falls under paragraph (3) 1 and 2 holds office as a public official in medical service in the relevant class shall be considered as a period during which he or she holds office in the class to which he or she is appointed under paragraph (1). |
Article 6 (Transitional Measures concerning Local Education Officers of City/Do)
Until local councils are organized by local government, "local education officer" in Article 5 (2) shall be construed as "superintendent", and "offices of education of Seoul Special City, Cities in direct control, Dos" in Article 22 (3) as "education committees of Seoul Special City, Cities under direct control and Dos or offices of education of Sis and Guns"
ADDENDA <Presidential Decree No. 12704, May 10, 1989>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Special Employment of Public Officials in Technical Service)
Of permanent public officials of types 1 and 2 who are holding office as at the time this Decree enters into force, persons who are qualified to be employed as public officials in technical service shall be specially employed as public officials in technical service of the relevant areas after the office organization of relevant agencies is amended: Provided, That permanent public officials who fail to satisfy the requirement for special employment of public officials in technical service shall be specially employed when the relevant permanent public officials satisfy the requirements for special employment of public officials in technical service.
Article 3 (Special Cases on Examinations for Special Employment of Public Officials in Technical Service)
Article 4 (Special Cases on Restrictions on Change of Position)
Article 45 (3) shall not apply to permanent public officials of types 1 and 2 who hold office as at the time this Decree enters into force and are specially employed as public officials in technical service under Article 2 of the Addenda.
Article 5 (Transitional Measures concerning Public Officials in Technical Service of Miscellaneous Affair Functional Category)
| (1) | Notwithstanding the amended provisions of attached Table 2, each class of public officials in technical service of the miscellaneous functional category to be abolished as this Decree enters into force shall be considered to exist until the office organization of the relevant agencies is amended after this Decree enters into force. |
| (2) | A public official in technical service who is in charge of the duties in the left column of the following table as a public official in technical service of the miscellaneous functional category who holds office as at the time this Decree enters into force shall be considered to be appointed as a public official in technical service of the relevant grade in the right column when the office organization of the relevant agency is amended after this Decree enters into force: |
Article 6 (Transitional Measures concerning Retirement Ages)
Notwithstanding the amended provisions of attached Table 2, of public officials in technical service of the functional category of railroad and postal fieldwork and former miscellaneous functional category who hold office as at the time this Decree enters into force, the retirement age of persons who engage in gardening, drawing and protection shall be 60 years. The same shall apply when permanent public officials who are protection staff and security staff are specially employed as public officials in technical service of the functional category of railroad and postal fieldwork to continue to perform the duty of protection under Article 2 of the Addenda.
ADDENDA <Presidential Decree No. 12733, Jun. 17, 1989>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 12910, Jan. 30, 1990>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Treated Public Officials of Grade V) Treated public officials of Grade V under the former provisions of the time this Decree enters into force shall be considered as indispensible working staff under this Decree. |
제6조의2제1항중 "사무관대우로 선발된"을 "필수 실무요원으로 지정된"으로 한다.
ADDENDA <Presidential Decree No. 13225, Dec. 31, 1990>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 13282, Feb. 1, 1991>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 13400, Jun. 27, 1991>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 36 (1), 37, 37-2 and 37-4 shall enter into force on June 30, 1991 for public officials of Grades V and VI and on September 30, 1991 for public officials of Grade VII or below and public officials in technical service, and the amended provisions of Articles 31 (9) and 45 (3) shall enter into force on June 30, 1993 and the amended provisions of Article 36 (2), on June 30, 1996 for public officials of Grades V and VI and on September 30, 1996 for public officials of Grade VII or below and public officials in technical service. Article 2 (Transitional Measures concerning Appointments)
| (1) | Appointments or recommendations of appointments under way as at the time this Decree enters into force shall be governed by the former provisions. |
| (2) | Of public officials who hold office as at the time this Decree enters into force, computer processing officers who are of Grade V of the computerization functional category shall be considered to be appointed as computerization officers of Grade V, computer processing officers of Grade VI as computerization officers of Grade VI, assistant officers of computer processing of Grade VII as transcription officers of Grade VII, computer processing staff of Grade VIII as computerization officers of Grade VIII, assistant staff of computer processing of class IX as computerization officers of class IX, librarian officer of Grade IV of the librarian functional category as librarian officers of Grade IV, librarian officers of Grade V as librarian officers of Grade V, librarians of Grade VI as librarian officers of Grade VI and assistant librarian of Grade VII as assistant librarian of Grade VII on the date on which this Decree enters into force. |
| (3) | The number of years required for promotion of persons who have passed or pass general examinations for promotion to Grade V which are implemented or under way as at the time this Decree enters into force shall be governed by the former provisions. |
| (4) | Examinations for special employment which are under way as they are in compliance with the requirements for special employment under the former provisions as at the time this Decree enters into force shall be governed by the former provisions. |
Article 3 (Transitional Measures concerning Registers of Candidates for Promotion)
A register of candidates for promotion prepared under the former provisions as at the time this Decree enters into force shall be effective until the first register of candidates for promotion of the relevant class is prepared after this Decree enters into force.
Article 4 (Transitional Measures concerning Work Performance Ratings)
Work performance rating points of the relevant public officials under Article 37-2 shall be governed by the former provisions until the first register of candidates for promotion is prepared after this Decree enters into force, notwithstanding the amended provisions of Article 37. Article 5 (Transitional Measures concerning Career Ratings)
Where a career rating is conducted as the relevant public official reaches the minimum number of years required for promotion under Article 31 (1) before the first register of candidates for promotion is prepared after this Decree enters into force, it shall be governed by the former provisions, notwithstanding the amended provisions of Article 36. Article 6 (Special Cases concerning Restriction on Change of Position of Public Officials Specially Employed)
Notwithstanding the amended provisions of Article 45 (4), public officials especially employed as at the time this Decree enters into force shall be governed by the former provisions. Article 7 (Transitional Measures concerning Demoted Public Officials)
Notwithstanding the amended provisions of Article 50-2, public officials demoted as at the time this Decree enters into force shall be governed by the former provisions. Article 8 (Transitional Measures concerning Extension of Retirement Ages)
| (1) | The retirement ages of public officials of the technical functional category of Grade V or above which are extended under the former provisions as at the time this Decree enters into force shall be considered to be extended under this Decree. |
| (2) | Notwithstanding the amended provisions of Article 51-2 (2), in the extension of retirement age of public officials in technical service who hold office as at the time this Decree enters into force, the retirement age of persons whose retirement age arrives in 1991 and the retirement age of persons whose retirement age arrives in 1992 (excluding public officials of the lighthouse functional category and protection functional category) may be extended within the scope of one year from the date of retirement and within two years from the date of retirement, respectively. |
Article 9 Omitted.
ADDENDA <Presidential Decree No. 13413, Jul. 1, 1991>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date on which the Seoul Metropolitan Council is organized.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 13615, Mar. 13, 1992>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 13767, Dec. 2, 1992>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Registers of Candidates for Promotion)
Notwithstanding the amended provisions of Articles 31 (9) and 37-4 (4), a register of candidates for promotion under the former provisions of the time this Decree enters into force shall be effective until the first register of candidates for promotion of the relevant class is prepared after this Decree enters into force. Article 3 (Transitional Measures concerning Change of Names of Classes and Abolition of Functional Category)
| (1) | Notwithstanding the office organization of the relevant agencies (including provisions for the fixed number of personnel; hereinafter the same shall apply) or other statutes and regulations, public officials of the information functional category and protection functional category of the public security functional group and public officials of Grades II through IX of the technical functional category in attached Table 1 who hold office as at the time this Decree enters into force shall be considered to be appointed to the relevant classes of the relevant functional category of the relevant functional group under the amended provisions of attached Table 1 as soon as this Decree enters into force, and public officials of Grades VI and VII of the labor supervision functional category shall be considered to be appointed as public officials of the relevant classes of the administration functional category on the date this Decree enters into force, notwithstanding the office organization regulations of the relevant agencies. |
| (2) | Where an appointment or recommendation of appointment is under way in the former class names as at the time this Decree enters into force, it shall be considered as an appointment or recommendation of appointment to the relevant classes which is made on the date on which this Decree enters into force under the amended provisions of attached Table 1. |
Article 4 Omitted.
ADDENDA <Presidential Decree No. 13976, Sep. 13, 1993>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Registers of Candidates for Promotion)
| (1) | Registers of candidates for promotion and career ratings under the former provisions as at the time this Decree enters into force shall be adjusted under the amended provisions of Article 37-4 based on the date on which this Decree enters into force. |
| (2) | Notwithstanding paragraph (1), in the promotions of public officials who are promoted or recommended to be promoted as at the time this Decree enters into force, the register of candidates for promotion prepared under the former provisions shall be considered to be effective. |
Article 3 (Transitional Measures concerning Appointments)
| (1) | The health officials of Grade II or health officials of Grade III of the Environment Administration who hold office as at the time this Decree enters into force shall be considered to be appointed as environment officials of Grade II or environment officials of Grade III on the date on which the office organization of the relevant agency (including provisions for the fixed number of staff members; hereinafter the same shall apply) is amended for the first time after this Decree enters into force. |
| (2) | Of public officials who hold office as at the time this Decree enters into force, mining officials of Grade IV, mining officials of Grade V, mining officials of Grade VI, mining officials of Grade VII, mining officials of Grade VIII and mining officials of Grade IX of the mining functional category shall be considered to be appointed as industrial officials of Grade IV, resources officials of Grade V, resources officials of Grade VI, resources officials of Grade VII, resources officials of Grade VIII and mining officials of Grade IX, and communication officials of Grade II, communication officials of Grade III, and communication officials of Grade IV of the communication functional category as information and communication officials of Grade II, information and communication officials of Grade III and information and communication officials of Grade IV on the date on which the office organization of the relevant agencies is amended for the first time after this Decree enters into force, respectively. |
| (3) | Public officials who hold office after being promoted from computerization officials of Grade V to Grade IV before this Decree enters into force shall be considered to be appointed as computerization officials of Grade IV on the date on which this Decree enters into force. In such cases, the placement of such public officials shall not be changed to positions in which public officials of Grade IV may be placed until the office organization of the relevant agencies is amended. |
| (4) | Of public officials who hold office as at the time this Decree enters into force, persons who engage in educational administration, social welfare, labor, culture or public information as public officials of the ministration functional category (including persons registered in the register of priority of promotion of probationary public officials of Grade V after passing examinations for general promotion to Grade V and persons who hold office as probationary public officials of Grade V of the Ministry of Government Administration after passing open competitive recruitment examination for Grade V; hereafter the same shall apply in this paragraph) may be appointed to the relevant classes of the functional category of educational administration, social welfare, labor, culture or public information, persons engaging in good sanitation or medical technology as public officials of the medical affair functional category to the relevant classes of the functional category of food sanitation or medical affair, and persons engaging in traffic or urban planning as public officials of the functional category of administration, civil engineering or architecture to the relevant classes of the functional category of traffic or urban planning without undergoing examinations for change of position. |
| (5) | Notwithstanding the provisions of this Decree, persons registered in a register of candidates for employment after passing open competitive recruitment examinations for Grades V, VII and IX of the functional category of administration, civil engineering and architecture before this Decree enters into force and successful applicants (including successful applicants in the first and second examinations and unsuccessful applicants in oral tests in the said examinations) in the said examinations which are under way as at the time this Decree enters into force and open competitive recruitment examinations for Grades VII and IX of the functional category of civil engineering and architecture which are implemented for the first time after this Decree enters into force shall be considered to pass the employment examination for the relevant classes (including functional subcategory) or for the relevant classes to be changed under this Decree. |
Article 4 (Transitional Measures concerning Promotion Examinations)
| (1) | The relevant subjects among the examination subjects for general promotion to Grade V of the administration functional category in subparagraph 1 of the attached Table of the Decree on Public Officials Appointment Examinations may apply to examinations for general promotion to Grade V of the functional category of educational administration, social welfare, labor, culture and public information which are to be implemented after this Decree enters into force until the examination subjects of the relevant functional category are enacted and enforced. |
| (2) | With respect to the examinations for general promotion to Grade V of the functional category of food sanitation or medical technology which are to be implemented after this Decree enters into force, the examination subjects for general promotion to Grade V of the health functional category in subparagraph 1 of the attached Table of the Decree on Public Officials Appointment Examinations and the examination subjects for general promotion to Grade V of the medical equipment functional subcategory in subparagraph 1 of the same attached Table may apply to the food sanitation functional category and medical technology functional category, respectively until examination subjects of the relevant functional category are enacted and enforced. |
ADDENDA <Presidential Decree No. 14102, Jan. 17, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 14499, Dec. 31, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 37 and 37-3 shall enter into force on April 1, 1995 for public officials in technical service of Grade VII or below, on July 1, 1995 for public officials of classes of V and VI, and the amended provisions of Articles 34 (excluding matters concerning determination of methods of promotion in paragraph (2) of that Article) and 35-2 (3) on January 1, 1996. Article 2 (Transitional Measures concerning Appointments)
Appointments or recommendations of appointments under way as at the time this Decree enters into force shall be governed by the former provisions.
Article 3 (Transitional Measures concerning Determination of Methods of Promotion to Public Officials of Grade V)
Each competent Minister shall determine the method of promotion to public officials of Grade V by expected class of promotion of the relevant agency under Article 34 (2) in consultation with the Minister of Government Administration by February 28, 1995. Article 4 (Special Cases concerning Change of Positions of Public Officials Following Amendment of Statutes and Regulations Relevant to Government Organizations)
| (1) | Where the position of a public official who falls into the number of the current staff members exceeding the fixed number of staff members of the administrative agency is changed to another functional category within the same functional group through consulting with the Minister of Government Administration as the statutes and regulations relevant to government organizations are amended as at the time this Decree enters into force, he or she shall be exempt from examinations for change of position, notwithstanding Article 30. |
| (2) | In conducting a career rating for a public official whose position is changed under paragraph (1), the career in the same class of the same functional group before the change of position shall be rated as A, notwithstanding Article 37-4. |
Article 5 Omitted.
ADDENDA <Presidential Decree No. 14653, May 29, 1995>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures Following Establishment of New Functional Category) Public officials of the prosecution administration functional category who hold office as at the time this Decree enters into force may be appointed to the relevant classes of the narcotic investigation functional category only before December 31, 1995. |
ADDENDA <Presidential Decree No. 14839, Dec. 22, 1995>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 34-2 shall enter into force on January 1, 1996, and the amended provisions of Article 37-4 (2) through (4) shall enter into force on December 31, 1995 for public officials of Grades V and VI and on March 31, 1996 for public officials in technical service of grade VII or below. |
| (2) | (Transitional Measures concerning Appointments) Notwithstanding the amended provisions of Articles 16 (1) 8 and 35-2, appointments and recommendations of appointments under way as at the time this Decree enters into force shall be governed by the former provisions. |
| (3) | (Transitional Measures concerning Registers of Candidates for Promotion) A register of candidates for promotion under the former provisions of the time this Decree enters into force shall be effective until the first register of candidates for promotion of the relevant class is prepared after this Decree enters into force. |
| (4) | (Transitional Measures concerning Career Ratings) Notwithstanding the amended provisions of Article 37-4, career ratings of public officials who reach the minimum number of years required for promotion before the first register of candidates for promotion is prepared after this Decree enters into force among public officials who fall short of the minimum number of years required for promotion under Article 31 (1) as at the time this Decree enters into force shall be governed by the former provisions. |
ADDENDA <Presidential Decree No. 15130, Jul. 31, 1996>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 36 (1) shall enter into force on December 31, 1996 for public officials of Grades V and VI and on March 31, 1997 for public officials in technical service of Grade VII or below. Article 2 (Transitional Measures Following Amendment of Names of Classes of Technical Positions)
| (1) | Of the fixed numbers of public officials in technical service in statutes which provide for the office organizations and fixed numbers of personnel of agencies of each level as at the time this Decree enters into force, the fixed number of clerical assistants shall be considered as the fixed number of clerical staff members of the relevant grade. |
| (2) | Of public officials in technical service of the time this Decree enters into force, public officials of clerical assistance functional category shall be considered to be appointed as clerical staff of the relevant grade. |
Article 3 (Transitional Measures concerning Registers of Candidates for Promotion)
A register of candidates for promotion under the former provisions of the time the amended provisions of Article 36 (1) enter into force shall be effective until the first register of candidates for promotion of the relevant class is prepared after this Decree enters into force. Article 4 (Transitional Measures concerning Career Ratings)
Notwithstanding the amended provisions of Article 36 (1), career ratings and training record ratings of public officials who reach the minimum number of years required for promotion before the first register of candidates for promotion is prepared after the amended provisions of Article 36 (1) enter into force among public officials who fall short of the minimum number of years required for promotion at the time the same amended provisions enter into force shall be governed by the former provisions.
ADDENDA <Presidential Decree No. 15249, Dec. 31, 1996>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
ADDENDA <Presidential Decree No. 15599, Dec. 31, 1997>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 1998.
Article 2 (Transitional Measures concerning Designation of Open-Type Professional Positions)
Open-type professional positions designated by the Minister of Government Administration before this Decree enters into force shall be considered to be designated under Article 43-4 (1) and (2). Article 3 (Transitional Measures concerning Change of Names of Classes and Grades)
| (1) | The fixed numbers of personnel which statutes and regulations which prescribe the office organizations and fixed numbers of personnel of agencies of each level prescribe by rank or by grade of the information functional category of the public security functional group and postal fieldwork functional category of the postal fieldwork functional group as at the time this Decree enters into force shall be considered as the relevant fixed number of personnel of the relevant class of the relevant functional group under the amended provisions of attached Tables 1 and 2. |
| (2) | Public officials in general service of the information functional category of the public security functional group and public officials in technical service of the postal fieldwork functional category of the postal fieldwork functional group who hold office as at the time this Decree enters into force shall be considered to be appointed to the relevant class of the relevant functional group under the amended provisions of attached Tables 1 and 2 in concurrence with the enforcement of this Decree, and the information functional group?information functional category?information functional subcategory provided for by other statutes and regulations as at the time this Decree enters into force shall be considered as juvenile protection functional group?juvenile protection functional category?juvenile protection functional subcategory, and postal fieldwork functional group?postal fieldwork functional category?postal fieldwork functional subcategory as information and communication functional group?information and communication fieldwork functional category?information and communication functional subcategory. |
| (3) | Where an appointment to the relevant class of the information functional category of the former public security functional group and of the postal fieldwork functional category of the former postal fieldwork functional group is under way as at the time this Decree enters into force, it shall be considered that a procedure for appointment to the relevant class is in progress under the amended provisions of attached Tables 1 and 2 on the date on which this Decree enters into force. |
Article 4 Omitted.
ADDENDA <Presidential Decree No. 15715, Feb. 28, 1998>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 15766, Arp. 1, 1998>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 1, 1998.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 16075, Dec. 31, 1998>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 1999.
Article 2 (Transitional Measures concerning Promotion of Public Officials of Grades II through IV)
Where a recommendation of appointment is made before the first service record rating is conducted for public officials of Grades II through IV under the amended provisions of Articles 35 and 37 after this Decree enters into force, the recommendation of appointment shall be made by taking into account the factors in the former Article 35. Article 3 (Transitional Measures concerning Registers of Candidates for Promotion and Personnel Evaluation Records)
| (1) | A register of candidates for promotion prepared under the former provisions as at the time this Decree enters into force for public officials in general service of Grade VI or below and in technical service shall be effective until the first register of candidates for promotion of the relevant class is prepared after this Decree enters into force. |
| (2) | A personnel evaluation record of public officials of Grade IV prepared under the former provisions as at the time this Decree enters into force shall be effective until the first work performance rating is conducted for the relevant public official after this Decree enters into force. |
Article 4 (Transitional Measures concerning Change of Names of Rank of Public Officials in Technical Service)
| (1) | The fixed numbers of public officials in technical service by grade and by class which are prescribed by statutes and regulations which provide for the organizations and the fixed numbers of personnel of agencies of each level as at the time this Decree enters into force shall be considered as the fixed numbers of personnel by rank and class under the amended provisions of attached Table 2. |
| (2) | Public officials in technical service who hold office as at the time this Decree enters into force shall be considered to be appointed to the positions by rank under the amended provisions of attached Table 2 in concurrence with the enforcement of this Decree. |
| (3) | Where an appointment to a position by the relevant grade of public officials in technical service under the former provisions as at the time this Decree enters into force, it shall be considered that an appointment to a position by the relevant rank under the amended provisions of attached Table 2 is under way on the date on which this Decree enters into force. |
| (4) | Where other statutes and regulations cite the grades of public officials in technical service as at the time this Decree enters into force, they shall be considered to cite the relevant ranks under the amended provisions of attached Table 2. |
ADDENDA <Presidential Decree No. 16365, May 24, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Abolished Statutes and Regulations)
The Regulations for Public Officials' Personnel Policy Deliberation Committee shall be abolished.
Article 3 (Transitional Measures concerning Open-Type Professional Positions)
| (1) | Each competent Minister shall consult with the Civil Service Commission as to whether to designate the positions designated as open-type professional positions under the former Article 43-4 as at the time this Decree enters into force as open-type positions under Article 28-4 of the Act. |
| (2) | Work careers in open-type professional positions designated under the former Article 43-4 as at the time this Decree enters into force may be preferentially treated in career ratings as prescribed by the Ordinance of the Ministry of Government Administration. |
Article 4 (Transitional Measures concerning Promotion Screening of Public Officials of Classes II through IV)
Promotion screening of public officials of classes II through IV which is under way as at the time this Decree enters into force shall be conducted by the Civil Service Commission.
Article 5 Omitted.
ADDENDA <Presidential Decree No. 17108, Jan. 27, 2001>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning International Professions) Positions designated as international professions under the former Article 43-3 as at the time this Decree enters into force shall be considered to be designated as professions under the amended provisions of Article 43-3, and persons appointed to international professions by being selected as international profession officers shall be considered to be appointed to professions by being selected as profession officers. |
ADDENDA <Presidential Decree No. 17115, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 17116, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 17420, Nov. 29, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2002.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 17517, Feb. 9, 2002>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 17663, Jul. 10, 2002>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provision of the proviso of Article 21 (1) shall enter into force on January 1, 2003. |
ADDENDUM <Presidential Decree No. 18232, Jan. 20, 2004>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 35 (1) shall enter into force on January 1, 2006.
ADDENDA <Presidential Decree No. 18416, Jun. 11, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 12, 2004.
Article 2 (Transitional Measures concerning Consultations about Appointments)
Successful applicants in examinations implemented by the Minister of Government Administration and Home Affairs before this Decree enters into force shall be considered as successful applicants in examinations implemented by the Civil Service Commission under this Decree, and approval obtained through consulting with the Minister of Government Administration and Home Affairs as to appointments shall be considered as approval obtained through consulting with the Civil Service Commission.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 18715, Feb. 25, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 through 8 Omitted.
소방공무원승진임용규정 일부를 다음과 같이 개정한다.
제5조제2항제2호중 "국가공무원법 제73조의2제1항제3호"를 "「국가공무원법」 제73조의3제1항제3호"로, "국가공무원법 제73조의2제1항제4호"를 "「국가공무원법」 제73조의3제1항제4호"로 한다.
제3조 (교육공무원승진규정의 개정)
교육공무원승진규정 일부를 다음과 같이 개정한다.
제11조제1항제3호중 "국가공무원법 제73조의2제1항제3호"를 "「국가공무원법」 제73조의3제1항제3호"로 한다.
제4조 (외무공무원임용령의 개정)
외무공무원임용령 일부를 다음과 같이 개정한다.
제4조제5호중 "국가공무원법 제73조의2제1항제3호"를 "「국가공무원법」 제73조의3제1항제3호"로 하고, 동조제6호중 "국가공무원법 제73조의2제1항제4호"를 "「국가공무원법」 제73조의3제1항제4호"로 한다.
제5조 (행정기관의조직과정원에관한통칙의 개정)
행정기관의조직과정원에관한통칙 일부를 다음과 같이 개정한다.
제26조의2중 "행정자치부장관은"을 "중앙인사위원회는"으로 한다.
제6조 (중앙인사위원회와그소속기관직제의 개정)
중앙인사위원회와그소속기관직제 일부를 다음과 같이 개정한다.
제10조제5항제4호를 다음과 같이 한다.
| 4. | 3급(3급상당을 포함한다) 이상 공무원의 임용제청의 심사처리 및 5급(5급상당을 포함한다) 이상 공무원의 인사기록의 유지관리 |
제7조 (공무원보수규정의 개정)
공무원보수규정 일부를 다음과 같이 개정한다.
제30조의3
을 다음과 같이 신설한다.
제30조의3 (부분근무공무원의 보수지급)
「공무원임용령」 제57조의2제2항의 규정에 의하여 부분근무공무원으로 지정된 자에게 지급하는 봉급월액은 당해 공무원이 정상근무시 지급받을 봉급월액(연봉제 적용대상공무원의 경우에는 연봉월액을 말한다)을 기준으로 하여 부분근무시간에 비례하여 지급한다.
제8조 (「공무원수당 등에 관한 규정」의 개정)
공무원수당 등에 관한 규정 일부를 다음과 같이 개정한다.
제6조의2제2항중 "필수실무요원"을 "필수실무관"으로 한다.
ADDENDA <Presidential Decree No. 18842, May 26, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 43-2 and 45 (7) shall enter into force on July 1, 2005. Article 2 (Applicability to Provisions Pertaining to Periods of Restriction on Change of Position)
The amended provisions of Article 45 (1) and (2) shall begin to apply from the date on which an appointment is made to the position held as at the time this Decree enters into force. Article 3 (Transitional Measures)
| (1) | Public officials of Grades II through IV who hold office as at the time this Decree enters into force shall be considered to be appointed to the relevant positions of the relevant ranks under the amended provisions of attached Table 1 in concurrence with the enforcement of this Decree. |
| (2) | The fixed numbers of personnel by position of public officials in general service of Grades II through IV which are prescribed by statutes and regulations which provide for the organizations and the fixed numbers of personnel of agencies of each level as at the time this Decree enters into force shall be considered as the fixed numbers of personnel by the relevant position of the relevant rank under the amended provisions of attached Table 1. |
| (3) | A register of candidates for promotion of public officials of Grade V prepared under the former provisions as at the time this Decree enters into force shall be effective until the first register of candidates for promotion of the relevant rank is prepared after this Decree enters into force. In such cases, the proviso of Article 36 (3) shall not apply thereto. |
| (4) | An appointment or recommendation of appointment which is under way to appoint or recommend to appoint public officials of Grades II through IV to the relevant classes under the former provisions as at the time this Decree enters into force shall be considered as an appointment or recommendation of appointment to the relevant positions of the relevant ranks under the amended provisions of attached Table 1 on the date on which this Decree enters into force. |
| (5) | Where other statutes and regulations cite the positions of public officials of Grades II through IV as at the time this Decree enters into force, they shall be considered to cite the relevant positions of the relevant ranks under the amended provisions of attached Table 1: Provided, That in the application of statutes and regulations pertaining to remuneration of public officials, such as the Public Officials Remuneration Regulations and Regulations on Allowances, etc. of Public Officials, remuneration shall be paid based on the positions under the former attached Table 1 until statutes and regulations pertaining to remuneration of public officials, such as the Public Officials Remuneration Regulations and Regulations on Allowances, etc. of Public Officials are amended by reflecting the amended provisions of attached Table 1 therein. |
Article 4 Omitted.
ADDENDA <Presidential Decree No. 18965, Jul. 26, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 19109, Oct. 26, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 30, 2005.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 19187, Dec. 26, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2006. (Proviso Omitted.)
Articles 2 through 4 Omitted.
Articles 2 and 3 Omitted.
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
ADDENDA <Presidential Decree No. 19431, Mar. 29, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 30, 2006.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 19515, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006: Provided, That the amended provisions (excluding matters concerning the Senior Executive Service) of subparagraph 7 of Article 2, Article 45 (1) 6 and attached Table 1 shall enter into force on January 1, 2007. The previous provisions shall apply to examinations underway as at the time this Decree enters into force.
| (1) | An agency which has the personnel of Grade VIII of the veterinarian functional category among attached Table 1 as at the time this Decree enters into force shall be governed by the former provisions as long as it maintains such personnel. |
| (2) | Public officials of Grade V or below of the functional category of correction, prosecution administration, narcotic investigation, immigration control and railroad public security and the functional category of juvenile protection and probation of the public security functional group in attached Table 1 of the time this Decree enters into force shall be considered to be appointed to the relevant positions of the functional category of correction, prosecution administration, narcotic investigation, immigration control and railroad public security and protection functional category of the administration functional group; public officials of Grade V or below of the functional category of tax affairs, custom duties, educational administration, social welfare, statistics, librarians and auditing and the functional category of administration, transportation, labor, culture and public security of the administration functional group to the relevant positions of the functional category of tax affairs, custom duties, educational administration, social welfare, statistics, librarians and auditing and the administration functional category of the same functional group; public officials of Grade V or below of the functional category of machinery, electricity, electronic, nuclear power, ship building, metal, fabric, chemical engineering and resources of the mining industry functional group and natural law functional category of the natural law functional group to the relevant positions of the industrial functional category of the technical functional group; the functional category of agriculture, plant management and livestock farming and the veterinarian functional category of the agriculture, forestry and fishery functional group to the relevant classes of the agriculture functional category and veterinarian functional category of the technical functional group; forestry functional category of the agriculture, forestry and fishery functional group to the relevant positions of the forestry functional category of the technical functional group; fishery functional category of the agriculture, forestry and fishery functional group and the ship and waterway functional category of the traffic functional category to the maritime and fishery functional category of the technical functional group; public officials of Grade V or below of the functional category of health, food sanitation, medical technology, medical care, pharmaceutical affairs and nursing of the health and medical care functional group to the relevant positions of the functional category of health, food sanitation, medical technology, medical care, pharmaceutical affairs and nursing of the technical functional group; public officials of Grade V or below of the meteorological functional category of the natural law functional group to the relevant positions of the meteorological functional category of the technical functional group; public officials of Grade V or below of the environment functional category of the environment functional group to the relevant positions of the environment functional category of the technical functional group; public officials of Grade V or below of the traffic and aviation functional category of the traffic functional group to the relevant positions of the aviation functional category of the technical functional group; public officials of the functional category of urban planning, civil engineering, architecture, land register and land survey of the facility functional group to the relevant positions of the facility functional category of the technical functional group; and public officials of Grade V or below of the computerization functional category and the functional category of the telephone operator, communication technology, transmission technology and electronic communication technology of the information and communication functional group to the relevant positions of the computerization functional category and communication functional category of the technical functional group. |
| (3) | Fixed numbers by position of public officials in general service (excluding public officials in research service and extension service) which are prescribed by statutes and regulations which provide for the organizations and the fixed numbers of personnel of agencies of each level as at the time this Decree enters into force shall be considered as the fixed numbers of personnel by the relevant position under the amended provisions of attached Table 1. |
| (4) | A register of candidate for promotion of public officials of Grade VI or below prepared under the former provisions as at the time this Decree enters into force shall be effective until the first register of candidates for promotion of the relevant class is prepared after this Decree enters into force. |
| (5) | An appointment of public officials of Grade V or below to the relevant class which is under way under the former provisions as at the time this Decree enters into force shall be considered as an appointment to the relevant class which is under way under the amended provisions of attached Table 1. |
| (6) | Where other statutes and regulations cite the classes of public officials in general service of Grade V or below as at the time this Decree enters into force, they shall be considered to cite the relevant classes under the amended provisions of attached Table 1. |
Article 3 Omitted.
ADDENDA <Presidential Decree No. 19787, Dec. 29, 2006>
| (1) | (Enforcement Date) This Decree shall enter into force on January 1, 2007. |
ADDENDA <Presidential Decree No. 20059, May 16, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: the amended provisions of Articles 31 (2) 1 and (11), 57-2, 57-3, 57-4 and Article 4 (1) and (2) of the Addenda shall enter into force on January 1, 2008. Article 2 (Applicability to Filling Vacancies Resulting from Parental Leaves of Not Less Than Three Months Connected with Maternity Leave)
The amended provisions of Article 42 (3) shall begin to apply from the first public official who goes on a parental leave of not less than three months after this Decree enters into force. Article 3 (Transitional Measures concerning Partial Services)
Public officials working part time as referred to in the former Article 57-2 as at January 1, 2008 shall be considered to be designated as part-time work public officials as referred to in Article 57-3 on January 1, 2008. Article 4 Omitted.
ADDENDUM <Presidential Decree No. 20604, Feb. 5, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20710, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Consultations on Transfer of Current Personnel Who Are Not Included in Fixed Number of Personnel of Organization)
The amended provisions of Article 49-2 (3) shall begin to apply from the first case of restructuring or transfer of functions after this Decree enters into force, on condition that the head of the original competent agency may determine in advance the agency to receive the public officials who are the current staff but not included in the fixed number of personnel of the organization through consulting with the central agency supervising the personnel before this Decree enters into force. Article 3 (Transitional Measures concerning Dispositions and Consultations Regarding Appointments)
| (1) | Consultations, screening, etc. conducted by the Civil Service Commission and announcements, established rules, etc. announced by the Civil Service Commission under the former provisions as at the time this Decree enters into force shall be considered as those conducted or announced by the Minister of Government Administration and Home Affairs under the relevant provisions of this Decree. |
| (2) | Requests of competent Ministers for consultations, screening, etc. which are made to the Civil Service Commission under the former provisions as at the time this Decree enters into force shall be considered as requests for consultations, etc. made to the Minister of Government Administration and Home Affairs under the relevant provisions of this Decree. |
Article 4 (Transitional Measures Following Change of Names of Communication Functional Category)
| (1) | Public officials of Grade V or below of the communication functional category among attached Table 1 of the time this Decree enters into force shall be considered to be appointed to the relevant classes of the broadcasting and communication functional category. |
| (2) | Fixed numbers by class of public officials in general service of the communication functional category which are prescribed by statutes and regulations which provide for the organizations and the fixed numbers of personnel of agencies of each level as at the time this Decree enters into force shall be considered as the fixed numbers by class of public officials in general service of the broadcasting and communication functional category under the amended provisions of attached Table 1. |
| (3) | An appointment to public officials in general service of the communication functional category which is under way under the former provisions as at the time this Decree enters into force shall be considered as an appointment to public officials in general service of the broadcasting and communication functional category which is under way under the amended provisions of attached Table 1 on the date on which this Decree enters into force. |
| (4) | Where other statutes and regulations cite the communication functional category and classes of public officials in general service of the communication functional category as at the time this Decree enters into force, they shall be considered to cite the broadcasting and communication functional category and the classes of public officials in general service of the broadcasting and communication functional category under the amended provisions of attached Table 1. |
ADDENDA <Presidential Decree No. 20888, Jun. 27, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 42 (1) shall enter into force on June. 29, 2008. Article 2 (Applicability to Addition of Periods of Restriction on Promotion)
The amended provisions of Article 32 (1) 2 shall begin to apply from person who take money, articles and entertainment, and embezzle and misuse public funds after this Decree enters into force. Article 3 (Transitional Measures concerning Integration of Administration Functional Category of Educational Administration Functional Category)
| (1) | Public officials of Grade V or below of the educational administration functional category among attached Table 1 of the time this Decree enters into force shall be considered to be appointed to the relevant classes of the administration functional category. |
| (2) | Fixed numbers by class of public officials in general service of the educational administration functional category which are prescribed by statutes and regulations, etc. which provide for organizations and the fixed numbers of personnel of agencies of each level as at the time this Decree enters into force shall be considered as the fixed numbers by class of public officials in general service of the administration functional category under the amended provisions of attached Table 1. |
| (3) | A procedure of employment and appointment as public officials in general service of the educational administration functional category which is in progress under the former provisions as at the time this Decree enters into force shall be considered as a procedure of employment and appointment as public officials in general service of the educational administration functional subcategory of the administration functional category which is in progress under the amended provisions of attached Table 1 on the date on which this Decree enters into force. |
| (4) | A register of candidates for promotion of public officials of Grade VI or below of the educational administration functional category prepared under the former provisions as at the time this Decree enters into force shall be effective until the first register of candidates for promotion of the relevant class of the administration functional category is prepared after this Decree enters into force. |
| (5) | Where other statutes and regulations cite the educational administration functional category and classes of public officials in general service of the educational administration functional category as at the time this Decree enters into force, they shall be considered to cite the administration functional category and the relevant classes of public officials in general service of the administration functional category under the amended provisions of attached Table 1. |
Article 4 (Transitional Measures concerning Amendment of Names of Functional Category of Public Officials in Technical Service)
| (1) | Public officials of technical grade VI or below of the clerical assistance functional category among attached Table 2 of the time this Decree enters into force shall be considered to be appointed to the relevant classes of the clerical affair functional category. |
| (2) | Fixed numbers by class of public officials in technical service of the clerical assistance functional category which are prescribed by statutes and regulations, etc. which provide for the organizations and the fixed numbers of personnel of agencies of each level as at the time this Decree enters into force shall be considered as fixed numbers by the relevant class of the clerical affair functional category under the amended provisions of attached Table 2. |
| (3) | A procedure of employment and appointment as public officials in technical service of the clerical assistance functional category which is in progress under the former provisions as at the time this Decree enters into force shall be considered as a procedure of employment and appointment as public officials in technical service of the clerical affair functional category which is under way under the amended provisions of attached Table 2. |
| (4) | A register of candidates for promotion of public officials of technical grade VI or below of the clerical assistance functional category which is prepared under the former provisions as at the time this Decree enters into force shall be considered as a register of candidates for promotion of the relevant class of the clerical assistance functional category under the amended provisions of attached Table 2. |
| (5) | Where other statutes and regulations cite the clerical assistance functional group and clerical assistance functional category as at the time this Decree enters into force, they shall be considered to cite the clerical affair functional group and clerical affair functional category under the amended provisions of attached Table 2. |
Article 5 Omitted.
ADDENDA <Presidential Decree No. 21289, Feb. 3, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
제3조 생략
ADDENDA <Presidential Decree No. 21344, Mar. 12, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
제3조 생략
ADDENDA <Presidential Decree No. 21386, Mar. 31, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Restriction on Promotion)
The amended provisions of Article 32 (3) shall begin to apply from persons subject to disciplinary action after April 1, 2009. Article 3 (Transitional Measures concerning Change of Periods of Internship and Expected Ranks of Appointment)
Periods of internship and expected rank of appointment of interns selected before December 31, 2009 shall be governed by the former provisions.
ADDENDA <Presidential Decree No. 21717, Sep. 8, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 16 (1) 7 shall enter into force on January 1, 2010. Article 2 (Special Cases concerning Competitive Recruitment for Career Service Positions in General Service Following Adjustment of Fixed Numbers of Public Officials in Technical Service of Clerical Affair Functional Category)
| (1) | Public officials in technical service of the clerical affair functional category (including persons for whom the competent Minister has undergone consultations with the Minister of Government Administration and Home Affairs as he or she deems necessary in light of personnel operation, such as persons newly employed as State public officials who are public officials in technical service of the clerical affair functional category under Article 28 (2) 7 while working as local public official who are public officials in technical service of the clerical affair functional category who could have applied for competitive recruitment examinations for career service positions under Article 4 (1) of the Addenda of the partially amended Decree on Appointment of Local Public Officials (Presidential Decree No. 23093) if they continued to work as local public officials) who hold office at central administrative agencies (referring to the central administrative agencies as referred to in subparagraph 1 of Article 2 of the General Rules of Organizations and Fixed Numbers of Personnel of Administrative Agencies; hereafter in this Article the same shall apply) as at the time this Decree enters into force may be employed as public officials in general service, etc. the number of which is to be increased correspondingly to the fixed number of public officials in technical service of the clerical affair functional category the number of which is to be decreased due to the amendment of the organization of the relevant agency through recruitment examinations (hereinafter referred to as "competitive recruitment examination for career service positions") as referred to in the main clause of Article 28 (2) of the Act. <Amended on Jan. 26, 2012; Mar. 23, 2013> |
| (2) | Regardless of the number of current public officials in general service in excess of the relevant central administrative agency, public officials in technical service of the clerical affair functional category of the relevant central administrative agency shall be employed through competitive recruitment examinations for career service positions (hereinafter referred to as "competitive recruitment for career service positions") for positions of public officials in general service the number of which is to be increased due to the amendment of the organization as referred to in paragraph (1). <Amended on Jan. 26, 2012> |
| (3) | Where there are excessive number of current public officials in technical service as the number of successful applicants in competitive recruitment examinations for career service positions as referred to in paragraph (1) falls short of the number of positions of public officials in general service increased by the amendment of the organization under paragraph (1), it shall be considered that the relevant central administrative agency has the fixed number of staff members corresponding to the excessive number of current staff until the number of current public officials in technical service of the clerical affair functional category coincides with the fixed number of personnel. <Amended on Jan. 26, 2012> |
| (4) | Where a competitive recruitment examination for career service positions as referred to in paragraph (1) is implemented, persons who have worked for not less than six months for the relevant central administrative agency as public officials in technical service of the clerical affair functional category equivalent to the expected class of appointment of general service shall be considered to satisfy the requirements for competitive recruitment for career service positions in Article 16 (1) 6 and attached Table 3. <Amended on Jan. 26, 2012> |
| (5) | The head of each central administrative agency may, if necessary, change the subjects of the first examination limitedly among the subjects of written examinations of competitive recruitment examinations for career service positions as referred to in paragraph (1), considering the duties, etc. of the relevant agency, notwithstanding Article 7 (1) of the Decree on Public Officials Appointment Examinations. <Amended on Jan. 26, 2012> |
| (6) | Deleted. <Jun. 26, 2012> |
| (7) | Notwithstanding Article 30 (1) 1 of the Decree on Public Officials Appointment Examinations, the head of each central administrative agency shall determine persons who attain not less than 40 percent of the perfect point in each subject and not less than 60 percent of total points of the entire subjects as successful applicants: in the first and second examinations: Provided, That the first examination and the second examination are implemented in a combined manner under Article 29 (5) of the Decree on Public Officials Appointment Examinations, he or she shall determine persons who attain not less than 40 percent of the perfect point in each subject and not less than 60 percent of total points of the entire subjects as successful applicants. <Amended on Jan. 26, 2012> |
| (8) | Persons who pass written examinations under paragraph (7) shall be exempt from written examinations implemented thereafter. <Newly Inserted on Jan. 26, 2012> |
| (9) | Notwithstanding Article 3 (2) and (3) of the Decree on Public Officials Appointment Examinations, when implementing a competitive recruitment examination for career service positions as referred to in paragraph (1), the head of each central administrative agency shall not delegate the authority for implementation of the competitive recruitment examination for career service positions to heads of agencies under his or her control or to heads of agencies superior to such agency under his or her control, and shall not implement in joint with the heads of other examination administering agencies or private institutions and shall not entrust to other agencies excluding the Minister of Security and Public Administration. <Amended on Jan. 26, 2012; Mar. 23, 2013> |
| (10) | Restriction on change of position referred to in Article 45 (3) 2 may not apply to public officials employed as public officials in general service through competitive recruitment for career service positions under paragraph (1). <Amended on Jan. 26, 2012> |
Article 3 (Transitional Measures concerning Amendment of Names of Functional Category and Classes of Public Officials in Technical Service)
| (1) | Public officials who hold office in the functional groups, functional category, ranks and positions in the left column of the following table under former attached Table 2 as at the time this Decree enters into force shall be considered to be appointed to the functional groups, functional category, ranks and positions in the right column of the same table under the amended provisions of attached Table 2. In such cases, public officials holding cook licenses and engaging in cooking among public officials of technical grade VI or below of the hygiene functional category of the health and hygiene functional group in the left column shall be considered to be appointed as public officials of technical grade VI or below of the cooking functional category of the health and hygiene functional group in the right column if they desire. |
(With images)
| (2) | Numbers by class in the left column of the table in paragraph (1) of public officials in technical service which are prescribed by statutes and regulations which provide for the organization and of each agency as at the time this Decree enters into force shall be considered as the s by class in the right column of the same table. |
| (3) | Of the registers of candidates for promotion of public officials of technical grade VII or below of each functional category which are prepared under the former provisions as at the time this Decree enters into force, the registers of candidates for promotion of classes by functional category in the left column of the table in paragraph (1) shall be considered to be the registers of candidates for promotion of classes by functional category in the right column of the same table: Provided, That the registers of candidates for promotion of public officials of technical grade VII or below of the telephone repairing functional category which are prepared under the former provisions as at the time this Decree enters into force shall be effective until the first register of candidates for promotion of the relevant class is prepared after this Decree enters into force. |
| (4) | A procedure of employment and appointment to the relevant classes of public officials in the left column of the table in paragraph (1) which is in progress under the former provisions as at the time this Decree enters into force shall be considered as a procedure of employment and appointment to the classes of public officials in the right column of the same table which is in progress on the date on which this Decree enters into force: Provided, That a procedure of employment and appointment to public officials in technical service of the hygiene functional category is under way under the former provisions as at the time this Decree enters into force for persons holding cook licenses and the expected area of employment is cooking, a procedure of employment and appointment to the relevant class of the cooking functional category shall be considered to be in progress under the amended provisions of attached Table 2 on the date on which this Decree enters into force. |
| (5) | Where other statutes and regulations cite the classes of public officials in the left column of the table in paragraph (1) as at the time this Decree enters into force, they shall be considered to cite the classes of public officials in the right column of the same table. |
Article 4 Omitted.
ADDENDA <Presidential Decree No. 22202, Jun. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Recognition of Number of Years Required for Promotion of Part-Time Work Public Officials)
The amended provisions of Article 31 (11) shall also apply to public officials working as part-time work public officials as at the time this Decree enters into force. Article 3 (Applicability to Special Promotion of Persons on Temporary Retirement due to Diseases or Injuries )
The amended provisions of Article 32 (1) 1 shall also apply to public officials on due to diseases or injuries as at the time this Decree enters into force. Article 4 (Applicability to Consultations and Notices of Return before Termination of Period of Dispatch)
The amended provisions of Article 41 shall also apply to public officials on as at the time this Decree enters into force. Article 5 (Applicability to Restriction on Temporary Retirement for Nongovernmental Service)
The amended provisions of Article 53 (1) and (2) shall begin to apply from the first case where a public official takes a to work for private enterprises, etc. after this Decree enters into force. Article 6 (Applicability to Service Management of Persons on Temporary Retirement)
The amended provisions of Article 57-5 shall also apply to public officials on as at the time this Decree enters into force. Article 7 Omitted.
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. 22617, Jan. 10, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation, on condition that it shall apply from January 1, 2011.
Articles 2 through 10 Omitted.
ADDENDA <Presidential Decree No. 22691, Mar. 7, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Dismissal Procedures of Probationary Public Officials)
The amended provisions of Article 23 (2) through (5) shall begin to apply from the first dismissal or first recommendation of dismissal of probationary public officials after this Decree enters into force. Article 3 (Applicability to Calculation of Number of Years Required for Promotion)
| (1) | The amended provisions of Article 31 (20 1 (c) and Article 5 (1) of the Addenda shall also apply to periods of s of public officials who retired to be pregnant, deliver a baby or raise children before this Decree enters into force. |
| (2) | The amended provisions of Article 31 (2) 2-2 shall also apply to cases where a disciplinary action is requested by the head of the relevant administrative agency or resolution on disciplinary action is requested by the person authorized to request resolution on disciplinary action in the of the time this Decree enters into force before this Decree enters into force. |
Article 4 (Applicability to Extension of Total Period of )
The amended provisions of Article 41 (2) 1 shall also apply to public officials on as at the time this Decree enters into force. Article 5 Omitted.
ADDENDA <Presidential Decree No. 22834, Apr. 4, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
The previous provisions shall apply to examinations underway as at the time this Decree enters into force.
.
ADDENDA <Presidential Decree No. 23014, Jul. 4, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 3 (3), 31 (1) and 35-4 (1) and (2), attached Table 2 and Article 4 of the Addenda (hereinafter referred to as "amended provisions pertaining to technical grade 10") shall enter into force on May 24, 2012. Article 2 (Special Cases concerning Promotion of Public Officials Who Hold Office as Public Officials of Technical Grade 10 to Public Officials of Technical Grade 9)
| (1) | Notwithstanding Articles 31, 32, 33 and 34-3, the shall promote public officials who hold office as public officials of technical grade 10 at the time this Decree is promulgated to public officials of technical grade 9 according to the following classifications: |
| 1. | A public official for whom not less than four years have passed from the date on which he or she is appointed to the technical grade 10 as at the date on which this Decree is promulgated: Within 10 days fro the date of its promulgation of this Decree; |
| 2. | A public official for whom not less than two years and less than four years have passed from the date on which he or she is appointed to the technical grade 10 as at the date on which this Decree is promulgated: December 31, 2011; |
| 3. | A public official for whom less than two years have passed from the date on which he or she is appointed to the technical grade 10 as at the date on which this Decree is promulgated: May 23, 2012. |
| (2) | Where public officials who hold office as public officials of technical grade 10 are promoted to public officials of technical grade 9 by the under the subparagraphs of paragraph (1) at the time the amended provisions pertaining to technical grade 10 enter into force, the of public officials of technical grade 9 equivalent to the number of public officials promoted from public officials of technical grade 10 to public officials of technical grade 9 under paragraph (1) in the of public officials in technical service which is prescribed by statutes and regulations which provide for the organization and of the relevant agency shall be considered to be increased and the of public officials of technical grade 10 equivalent to the number of the same public officials shall be considered to be decreased. |
Article 3 (Special Cases concerning Recruitment Examinations for Public Officials in Technical Service Following Abolition of Technical Grade 10)
| (1) | Successful applicants in recruitment examinations for public officials of technical grade 10 which are under way at the time the amended provisions pertaining to technical grade 10 enter into force shall be considered as successful applicants in recruitment examinations for public officials of technical grade 9. |
| (2) | Persons who passed recruitment examinations for public officials of technical grade 10 before the amended provisions pertaining to technical grade 10 enter into force but are not yet appointed at the time the amended provisions pertaining to technical grade 10 enter into force shall be considered to pass recruitment examinations for public officials of technical grade 9. |
Article 4 Omitted.
ADDENDUM <Presidential Decree No. 23118, Sep. 6, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23174, Sep. 29, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 30, 2011.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 23555, Jan. 26, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of attached Table 1 shall enter into force on July 1, 2012.
Article 2 (Transitional Measures concerning Integration of Functional Subcategory within Correction Functional Category)
| (1) | Public officials of Grade V or below of the church functional subcategory and classification functional subcategory among attached Table 1 of the date of enforcement under the proviso of Article 1 of the Addenda shall be considered to be appointed to the relevant classes of the correction functional subcategory. |
| (2) | A procedure of employment and appointment as public officials in general service of the church functional subcategory and classification functional subcategory which is under way under the former provisions on the date of enforcement under the proviso of Article 1 of the Addenda shall be considered as a procedure of employment and appointment as public officials in general service of the correction functional subcategory which is under way under the amended provisions of attached Table 1 on the date of enforcement under the proviso of Article 1 of the Addenda. |
| (3) | Notwithstanding Article 29 of the Regulations on the Performance Evaluation, etc. of Public Officials, matters concerning personnel management, such as preparation of registers of candidates for promotion of public officials of the correction functional category of which functional subcategory are integrated as this Decree enters into force shall be separately determined and operated by the Minister of Justice. |
| (4) | Where other statutes and regulations cite public officials in general service of the church functional subcategory and classification functional subcategory on the date of enforcement under the proviso of Article 1 of the Addenda, they shall be considered to cite public officials in general service of the correction functional subcategory under the amended provisions of attached Table 1. |
ADDENDA <Presidential Decree No. 23644, Feb. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That ... (omitted) ... the amended provisions of Articles 2 and 3 of Addenda shall enter into force on July 22, 2012. Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 23691, Mar. 30, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 22-3 (1) 3 shall enter into force on the date on which one year passes after promulgation. Article 2 (Transitional Measures concerning Promotion under Way)
Notwithstanding the amended provisions of Article 31, in the case of promotion which is under way as at the time this Decree enters into force, the register of candidates for promotion prepared under the former provisions shall be considered to be effective. Article 3 Omitted.
ADDENDA <Presidential Decree No. 24124, Sep. 28, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 35-4 shall enter into force on January 1, 2013. Article 2 (Transitional Measures concerning Deliberation of Deliberation Committees for of Private Experts)
Where a consultation as referred to in Article 41-2 (1) is completed as at the time this Decree enters into force, it shall be governed by the former provisions, notwithstanding the amended provisions of Article 41-2 (7).
ADDENDA <Presidential Decree No. 24380, Feb. 20, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Payment of Allowances)
The amended provisions of Article 41 (8) shall begin to apply from persons or whose period of is extended after this Decree enters into force. Article 3 (Applicability to Service Management of Persons on Temporary Retirement)
| (2) | The amended provisions of Article 57-5 (3) and (4) shall begin to apply from persons who temporarily retire or extend the period of after this Decree enters into force. |
Article 4 (Transitional Measures concerning Competitive Recruitment Examinations for s under Way)
Notwithstanding the amended provisions of Article 16 (2), competitive recruitment examinations for s which are under way as at the time this Decree enters into force shall be governed by the former provisions. Article 5 (Transitional Measures concerning Establishment of New Functional Category)
Persons who have worked for not less than two years in the areas relevant to the disaster prevention functional category to be newly established as public officials in general service who hold office as at the time this Decree enters into force may be appointed to the relevant classes of the disaster prevention functional category without taking examinations for change of position.
Article 6 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. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 24503, Apr. 22, 2013>
This Decree shall enter into force on April 23, 2013.
ADDENDA <Presidential Decree No. 24852, Nov. 20, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 12, 2013.
Articles 2 (Repeal of other Statutes)
The Regulations for Contract Public Officials shall be abolished.
Article 3 (Applicability to Concurrent Office)
The amended provisions of the proviso of Article 40 (2) shall begin to apply from persons who hold concurrent office of public official in general service under subparagraph 3 of the same paragraph after this Decree enters into force. Article 4 (Transitional Measures concerning Persons Who Are Successful Applicants for Internship)
Persons who pass examinations for selection of interns or are in an internship under the former Article 22-3 (1) 3 as at the time this Decree enters into force shall be considered as persons who pass examinations for selection of interns in general service of grade 9 or are in an internship in general service of grade 9 under the amended provisions of Article 22-3 (1) 2. Article 5 (Transitional Measures concerning Calculation of Periods of Service of Public Officials in Fixed Term Positions)
In the case of calculating the total period of service under the amended provisions of Article 22-5 for public officials who are considered to be appointed as public officials in fixed term positions under Article 3 (3) of the Addenda of the partially amended State Public Officials Act (Act No. 11530), the date on which such public officials are newly employed as contract public officials shall be considered as the date on which such public officials are appointed as public officials in fixed term positions for the first time. Article 6 (Transitional Measures concerning Recognition of Careers of Former Public Officials in Technical Service and Contract Public Officials)
| (1) | Where a public official in technical service or contract public official before this Decree enters into force is newly employed as a public official in general service after this Decree enters into force, the recognition of work careers as public official in technical service or contract public official shall be governed by the former Articles 16, 31, and 35-4. In such cases, the work careers in the classes in the left column of the tables in Article 7 (1) and (2) of the Addenda shall be considered to be the same as the work careers in the classes in the right column. |
| (2) | Careers of public officials in general service which are included in calculations under the former Articles 31 and 35-4 as such public officials hold office as public officials in technical service or contract public officials shall be considered to be effective even after this Decree enters into force. |
| (3) | Where a public official in technical service who holds office as at the time this Decree enters into force is appointed as a public official in general service, the number of years required for promotion referred to in Article 31 and the period of restriction on promotion referred to in Article 32 shall be calculated, considering that disciplinary actions, etc. before this Decree enters into force are effective even after this Decree enters into force. |
Article 7 (Transitional Measures concerning Change of Classification of Public Officials Following Abolition of Technical Positions and Contract Positions)
| (1) | Public officials who hold office in the functional groups, functional category, s and positions in the left column of the following table under former attached Table 2 of the time this Decree enters into force shall be considered to be appointed as public officials of the functional groups, functional category, s and positions in the right column of the following table under the amended provisions of attached Table 1. |
(With images)
(With images)
(With images)
(With images)
| (2) | Public official who hold office in the functional groups, functional category, s and positions in the left column of the following table under former attached Table 2 as public officials who hold office in the postal service headquarters and agencies belonging thereto as at the time this Decree enters into force shall be considered as public officials of the functional groups, functional categories, s and positions in the right column of the following table under the amended provisions of attached Table 2. |
(With images)
| (3) | Public officials of the information and communication fieldwork functional categories who hold office at central administrative agencies excluding the postal service headquarters and the agencies belonging thereto as at the time this Decree enters into force shall be considered to be appointed as public officials of functional categories (limited to the protection functional categories of the administration functional group, nursing assistance functional categories, driving functional categories, lighthouse management functional categories, hygiene functional categories and cooking functional categories of the technical jog group, and the functional categories of the management and operation functional group, which are recognized by s in consideration of duties in charge, personnel operation conditions, etc.; hereafter referred to as "newly established functional categories, etc.") of which is decreased and increased the number of staff members through the amendment of office organization: Provided, That if there is no of public officials in technical service of the information and communication fieldwork functional categories to be reduced in the office organization, they may be appointed as public officials of the relevant functional categories without increasing the number of staff members of newly established functional categories, etc. recognized by s, notwithstanding Article 24 (2) of the General Rules of the Organization and Personnel of Administrative Agencies, and it shall be considered that there are staff members corresponding the excessive number of current staff members in the relevant central administrative agency until the number of current public officials in general service of the relevant functional categories appointed without increasing the number of coincides with . |
| (4) | Contract public officials who hold office as at the time this Decree enters into force shall be considered to be appointed as public officials in fixed term positions according to the following classifications: |
| 1. | Contract public officials in general service under Article 2 (2) of the Regulations for Contract Public Officials: public officials in general fixed term positions of the relevant class, position or duty grade of the position of appointment as at the time this Decree enters into force; |
| 2. | Contract public officials in professional service under Article 2 (3) of the Regulations for Contract Public Officials: public officials in professional fixed term positions; |
| 3. | Part-time work contract public officials in general service under Article 2 (4) of the Regulations for Contract Public Officials: Part-time work public officials in general fixed term positions of the relevant class or duty grade of the position of appointment as at the time this Decree enters into force; |
| 4. | Part-time work contract public officials in general service under Article 2 (4) of the Regulations for Contract Public Officials: part-time work public officials in professional fixed term positions; |
| 5. | Temporary contract public officials under Article 2 (5) of the Regulations for Contract Public Officials: Public officials in temporary fixed term positions. |
| (5) | Notwithstanding paragraph (4), contract public officials employed to assist public officials in political service, such as policy assistants, secretarial officers and secretaries shall be considered to be appointed as public officials in extraordinary civil service. |
Article 8 Omitted.
Article 9 (Relationship to Other Statutes or Regulations)
| (1) | Among public officials in technical service which are prescribed by statutes and regulations which provide for the organization and of administrative agencies as at the time this Decree enters into force, in the left column of the tables in Article 7 (1) and (2) of the Addenda shall be considered as in the right column of the same tables. |
| (2) | Where other statutes and regulations cite the classes of public officials in the left column of the tables in Article 7 (1) and (2) of the Addenda as at the time this Decree enters into force, they shall be considered to cite the classes of public officials in the right column of the same tables. |
ADDENDA <Presidential Decree No. 25000, Dec. 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 35-4 (3) shall enter into force on January 1, 2014. Article 2 (Applicability to Extension of Periods of Internship)
The amended provisions of the proviso of Article 22-3 (2) shall also apply to interns who work as at the time this Decree enters into force. Article 3 (Applicability to Addition of Periods of Restriction on Promotion)
The amended provisions of Article 32 (1) 2 shall begin to apply from persons subject to disciplinary action against sexual abuse, sexual harassment and sex trafficking after this Decree enters into force. Article 4 (Applicability to Reduction of Periods of Continuous Service for Promotion)
The amended provisions of Article 35-4 (3) shall also apply to public officials under the interchange of personnel at the time the same amended provisions enter into force. Article 5 (Transitional Measures concerning Change of Name of Part-Time Work Public Officials in Fixed Term Positions)
A part-time work contract public official in a general fixed term position under the previous subparagraph 3 of Article 3-2 is office as at the time this Decree enters into force shall be deemed apppointed as a public official in a general fixed term position on an alternative work schedule of the relevant class or position, and a part-time work contract public official under the previous subparagraph 3 of Article 3-2 shall be deemed appointed as a public official in a professional fixed term position on an alternative work schedule of the relevant position, on the date this Decree enters into force. Article 6 (Transitional Measures concerning Working Hours of Part-Time Work Public Officials)
Notwithstanding the amended provisions of Article 57-3, the working hours, etc. of public officials who hold office by being designated as part-time work public officials before this Decree enters into force shall be governed by the former provisions. Article 7 (Transitional Measures concerning Change of Name of Railroad Police Functional Categories)
| (1) | Public officials of Grade V or below of the railroad public security functional categories of the administration functional group in former attached Table 1 of the time this Decree enters into force shall be considered to be appointed as public officials of the relevant classes of the railroad police functional categories of the administration functional group under the amended provisions of attached Table 1 on the date on which this Decree enters into force. |
| (2) | A procedure of employment and appointment as public officials in general service of the railroad public security functional categories of the administration functional group which is under way as at the time this Decree enters into force shall be considered as a procedure of employment and appointment as public officials in general service of the railroad police functional categories of the administration functional group which is under way under the amended provisions of attached Table 1. |
| (3) | Where other statutes and regulations cite public officials in general service of the railroad public security functional categories of the administration functional group as at the time this Decree enters into force, they shall be considered to cite public officials in general service of the railroad police functional categories of the administration functional group under the amended provisions of attached Table 1. |
Article 8 Omitted.
ADDENDA <Presidential Decree No. 25075, Jan. 10, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 25137, Feb. 5, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 7, 2014: Provided, That the amended provisions of Article 43-3 shall enter into force on January 1, 2015. Article 2 (Examples of Classification of Position Types)
Notwithstanding the proviso of Article 1 of the Addenda, the Minister of Personnel Management may, if necessary, determine an institution to show examples of classification of types of positions, designation of professional position groups, etc. before January 1, 2015. <Amended by Presidential Decree No. 25751, Nov. 19, 2014> Article 3 (Applicability to Recognition of Number of Years Required for Promotion)
The amended provisions of the proviso of Article 31 (20 1 (b) shall begin to apply from the calculation of the number of years required for promotion for public officials who temporarily retire after this Decree enters into force. Article 4 (Applicability to Parental Leaves of Absence)
The amended provisions of Article 57-2 (2) shall begin to apply from public officials who temporarily retire after this Decree enters into force. Article 5 (Transitional Measures concerning Restriction on Change of Position of Professional Officers)
The change of position of public officials who are appointed as professional officers under the former Article 43-3 (2) as at January 1, 2015 shall be governed by the former provisions, notwithstanding the amended provisions of Article 43-3.
ADDENDA <Presidential Decree No. 25415, Jan. 30, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 10-3 shall enter into force on January 1, 2015. Article 2 (Transitional Measures concerning Capability Evaluation)
Persons who passed the capability evaluations (including cases where capability evaluations are entrusted to the Minister of Personnel Management) conducted by s under the former Article 10-3 (1) as at the time this Decree enters into force shall be considered to have passed the capability evaluations under the amended provisions of Article 10-3 (1). <Amended on Nov. 19, 2014>
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26397, Jul. 13, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 26566, Sep. 25, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provision of Article 22-3 (1) 1 shall enter into force on January 1, 2017. Article 2 (Applicability to Maximum Working Age of Public Officials in s Promoted and Appointed to Public Officials in Fixed Term Positions)
The amended provision of Article 22-6 (1) shall also apply where a public official in the who is not a public official in a fixed term position is promoted and appointed to a position with the term of office and becomes a public official in a fixed term position before this Act enters into force. Article 3 (Applicability to Exceptional Transfer of Public Officials Who Are Employed through Competitive Examination for s)
The amended provision of the proviso of Article 45 (6) 2 shall also apply to public officials who are employed through a competitive recruitment examination for s, etc. before this Decree enters into force. Article 4 (Transitional Measures concerning Restrictions on Transfer to Another Position)
| (1) | Notwithstanding the amended provisions of Article 45 (1) and (2), the former provisions thereof shall apply to the period during which transfer to another position from the position to which a public official is assigned before this Decree enters into force is restricted. |
| (2) | Notwithstanding the amended provisions of the main clause of Article 45 (6), the main clause of paragraph (2) of the aforesaid paragraph and subparagraph 3 of the aforesaid paragraph, the former provisions thereof shall apply to the transfer of a public official appointed through a competitive recruitment examination for s, etc. before this Decree enters into force. |
| (3) | Notwithstanding the amended provision of Article 45 (8), the former provision thereof shall apply to the transfer of a public official appointed before this Decree enters into force through an open competitive examination for employment administered after having predetermined areas where public are scheduled to serve or agencies for which public officials are scheduled to serve. |
| (4) | Notwithstanding the amended provisions of Article 45-2, the former provisions thereof shall apply to the transfer of a public official appointed through recruitment classified by functional subcategories before this Decree enters into force. |
Article 5 (Transitional Measures concerning Exclusion from Private Enterprises Eligible for Leave of Absence)
Notwithstanding the amended provisions of Article 53 (3), the former provisions thereof shall apply to private enterprises, etc. which violate Article 55 (2) and (3) before this Decree enters into force. Article 6 Omitted.
ADDENDA <Presidential Decree No. 26653, Nov. 18, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 19, 2015.
Article 2 (Applicability to Disqualification of Candidates of )
The amended provision of Article 14 (1) 5 shall begin to apply from cases where a candidate for employment performs an act that compromises dignity after this Decree enters into force. Article 3 (Applicability to Appointment of Successful Candidates for Competitive Recruitment Examination for s)
The amended provision of Article 18 (2) shall also apply to successful candidates who have passed a competitive recruitment examination for s, etc. before this Decree enters into force. Article 4 (Applicability to Appointment of Probationary Public Officials to Regular Public Officials)
The amended provisions of Article 23 (2) and (6) shall begin to apply from public officials appointed to probationary public officials pursuant to Article 29 (1) after this Decree enters into force. Article 5 (Applicability to Dismissal or Recommendation for Dismissal of Probationary Public Officials)
The amended provisions of Article 23 (7) 4 and 5 shall begin to apply from cases where grounds for disciplinary actions arise after this Decree enters into force. Article 6 (Applicability to Restrictions on Promotion and Appointment)
The amended provision of Article 32 (1) 2 shall begin to apply from cases where grounds for disciplinary action arise after this Decree enters into force. Article 7 (Applicability to Duty of Persons Who Take due to Employment by International Organization to Serve)
The amended provisions of Article 57-9 shall begin to apply from a public official who takes (excluding a public official who extends the period of after this Decree enters into force, who is a person who takes due to employment by an international organization as at the time this Decree enters into force) after this Decree enters into force. Article 8 (Transitional Measures concerning Restrictions on Changing Jobs)
Notwithstanding the amended provisions of Article 29 (3), the former provisions thereof shall apply to changing jobs of public officials appointed through a competitive recruitment examination for s, etc. before this Decree enters into force.
ADDENDA <Presidential Decree No. 26944, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 27256, Jun. 24, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 25, 2016: Provided, That the amended provision of the former par of Article 16 (1) 12 shall enter into force one year after the date of its promulgation. Article 2 (Transitional Measures concerning Competitive Employment of Residents of Specific Areas for s)
Notwithstanding the amended provision of the former part of Article 16 (1) 12, the former provision thereof shall apply to an examination publicly announced before the enforcement date under the proviso of Article 1 of the Addenda. Article 3 (Transitional Measures concerning Inclusion of Minimum Number of Years Required for Promotion)
Notwithstanding the amended provisions of Article 31 (2) 2 (c) and (d), the former provisions thereof shall apply to public officials who are subjected to for grounds which have arisen before this Decree enters into force.
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. 27822, Jan. 31, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Inclusion in Calculation of Minimum Number of Years Required for Promotion)
The amended proviso of Article 31 (2) 1 (c) and Article 3 of the Addenda shall also apply to periods of taken by any public official before this Decree enters into force on account of pregnancy, childbirth, or child-rearing. Article 3 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
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. 28220, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 28572, Dec. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 25 (2) 2 shall enter into force on January 15, 2018. Article 2 (Special Cases concerning Formulating s for Balanced Personnel Management)
Notwithstanding the amended provisions of Article 8-2 (1), the Minister of Personnel Management shall formulate a for balanced personnel management within six months from the enforcement date of this Decree. Article 3 (Special Cases concerning Exemption from Probationary Appointment)
Among public officials who work in the period of probationary appointment pursuant to Article 29 (1) of the Act as at the enforcement date under the proviso of Article 1 of the Addenda, those who fall under a case where the probationary appointment is exempted pursuant to the amended provisions of Article 25 (2) 2 shall be deemed to be appointed as a regular public official on the enforcement date under the proviso of Article 1 of the Addenda, notwithstanding Article 23 (2). Article 4 (Applicability to Disqualification of Candidates of Appointment)
The amended provisions of Article 14 (1) 6 and 7 shall begin to apply from the first case where a ground for disqualification occurs after this Decree enters into force. Article 5 (Applicability to Dismissal or Recommendation for Dismissal of Probationary Public Officials)
The amended provisions of Article 23 (7) 4 shall begin to apply from the first case where a ground for dismissal or dismissal recommendation occurs after this Decree enters into force. Article 6 (Applicability to Inclusion in Calculation of Minimum Number of Years Required for Promotion)
The amended provisions of the proviso of Article 31 (11) shall also apply to the period of working as public officials who have converted to the flexible working hours under Article 57-3 before this Decree enters into force. Article 7 (Applicability to Restrictions on Promotion)
The amended provisions of Article 32 (1) 2 shall begin to apply from the first case where a disciplinary ground arises after this Decree enters into force. Article 8 (Applicability to Promotion Ranking Register of Persons Determined to Be Eligible for Special Promotion)
The amended provisions of Article 34 (10) shall begin to apply from the first case where a public official is determined to be eligible for special promotion after this Decree enters into force.
ADDENDA <Presidential Decree No. 29031, Jul. 3, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Inclusion in Calculation of Minimum Number of Years Required for Promotion)
The amended provisions of Article 31 (2) 1 (c) shall also apply, before this Decree enters into force, to the period of of a public official who temporarily retires as she is pregnant or delivers a baby or he or she raise a child.
ADDENDA <Presidential Decree No. 29180, Sep. 18, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 21, 2018.
Articles 2 through 19 Omitted.
ADDENDA <Presidential Decree No. 29868, Jun. 18, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Calculation of Period of Continuous Service for Promotion of Flexible-Time Permanent Public Officials)
The amended provisions of Article 35-4 (8) shall also apply to the period of service as flexible-time permanent public officials before this Decree enters into force. Article 3 (Applicability to Standards for Qualification of Public Officials in Professional Fixed-Term Positions)
The amended provisions of attached Table 4-2 shall begin to apply to an examination publicly announced on or after the date this Decree enters into force.
ADDENDA <Presidential Decree No. 29930, Jun. 25, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2019.
Article 2 (Applicability to Limitation of Special Promotion and Appointment)
| (1) | The amended provisions of this Decree concerning limitation of special promotion and appointment, honorary promotion (only limited to soldiers) or special promotion (only limited to foreign service officers in positions equal to or higher than the class of councilor) shall also apply to those who have taken disciplinary actions before this Decree enters into force. |
Article 3 (Applicability to Cancellation of Special Promotion and Appointment)
The amended provisions of this Decree concerning special promotion and appointment, honorary promotion (only limited to soldiers) or special promotion (only limited to foreign service officers in positions equal to or higher than the class of councilor) canceled on the ground that allowances for honorary retirement are redeemed shall begin to apply from persons who are specially promoted or appointed on or after this Decree enters into force.
ADDENDA <Presidential Decree No. 30191, Nov. 5, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of the main clause of Article 16 (1) 7 shall enter into force on January 1, 2022. Article 2 (Applicability to Addition of Periods of Restriction on Promotion)
The amended provisions of Article 32 (1) 2, with the exception of its subparagraphs, shall begin to apply from cases where grounds for disciplinary actions arise after this Decree enters into force. Article 3 (Applicability to Requirements for Special Promotion and Appointment)
The amended provisions of Article 35-2 (1) 2 (b) and Article 35-2 (5) shall begin to apply from public officials awarded on or after this Decree enters into force. Article 4 (Transitional Measures concerning Strengthening Requirements for Competitive Recruitment for s)
Notwithstanding the amended provisions of the main clause of Article 16 (1) 7 (excluding the amended part concerning the period during which a person is not engaged in duties due to a disposition of degradation), the previous provisions shall apply to persons appointed as local public officials before the enforcement date under the proviso of Article 1 of the Addenda.
ADDENDA <Presidential Decree No. 30493, Feb. 25, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 3 (a) of Article 2, Article 5 (2) and 2 and Article 2 of these Addenda shall enter into force on August 5, 2020. Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 30515, Mar. 10, 2020>
This Decree shall enter into force on April 1, 2020. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 30807, Jun. 30, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 30833, Jul. 14, 2020>
This Decree shall enter into force on July 15, 2020.
ADDENDA <Presidential Decree No. 31042, Sep. 22, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 34-2 (2) and 45 (1), paragraph (2) 2 through 4 of that Article, paragraphs (3), (4), and (6) of that Article, the main clause of paragraph (7) of that Article (limited to the amendments related to reasons for prior approval), the main clause of paragraph (8) of that Article, paragraph (10) of that Article, and Article 45-2; and Article 7 of the Addenda shall enter into force on January 1, 2021. Article 2 (Applicability to Periods of Dispatch for Nongovernmental Experts)
The amended provisions of Article 41-2 (3) shall also apply to persons on dispatch as at the time this Decree enters into force. Article 3 (Transitional Measures concerning Calculation of Periods of Restriction on Promotion)
Notwithstanding the amended provisions of Article 32 (3), the previous provisions shall apply where disciplinary actions are taken before this Decree enters into force. Article 4 (Transitional Measures concerning Management of Placement)
Notwithstanding the amended provisions of Article 43 (1) 2, the previous provisions shall apply where approvals for the filling of vacancies are granted before this Decree enters into force. Article 5 (Transitional Measures concerning Restriction on Transfer of Public Officials of Ministry of Education and Ministry of the Interior and Safety)
Notwithstanding the amended provisions of Article 45-2 (3), the previous provisions shall apply to public officials of the Ministry of Education or the Ministry of the Interior and Safety employed through a competitive recruitment examination for career service positions, etc. pursuant to Article 28 (2) 7 of the Act before the enforcement date under the proviso of Article 1 of the Addenda. Article 6 (Transitional Measures concerning Change of Classification of Public Officials Following Reorganization of Functional Categories and Functional Subcategories)
| (1) | Public officials in general service of Grade V or below who hold office in the functional subcategories specified in the left column of the following table under previous attached Table 1 as at the time this Decree enters into force shall be deemed appointed as public officials in general service of the relevant class who hold office in the functional subcategories specified in the right column of the following table under the amended provisions of attached Table 1, respectively. |
(With images)
| (2) | Where procedures for employment and appointment of public officials in the functional categories specified in the left column of the Table provided in paragraph (1) are underway as at the time this Decree enters into force, procedures for employment and appointment of public officials in general service of the functional categories specified in the right column of that Table shall be deemed underway, respectively. |
| (3) | Where other statutes and regulations cite the Gradees of public officials in general service of Grade V or below who hold office in the functional subcategories specified in the left column of the Table provided in paragraph (1) as at the time this Decree enters into force, they shall be deemed to cite the relevant classes of public officials in general service of the relevant class who hold office in the functional subcategories specified in the right column of that Table, respectively. |
Article 7 Omitted.
ADDENDA <Presidential Decree No. 31337, Dec. 29, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2021.
Article 2 (General Applicability)
This Decree shall also apply to cases under criminal investigations by a senior judicial police officer as at the time this Decree enters into force.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 32162, Nov. 30, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 9, 2021: Provided, That the amended provisions of Articles 12-2 and 22-3 (1) and (2) shall enter into force on the date of the promulgation, and those of Articles 8-2 (6) and 16 (4) shall enter into force on January 13, 2022. Article 2 (Transitional Measures concerning Line of Duty Sick Leave)
Notwithstanding the amended provisions of Article 57-7 (5), where a public official on a line of duty sick leave as of the enforcement date of this Decree continues to have an illness or injury for the same reason as the relevant leave after the enforcement date of this Decree, he or she may be newly ordered to take a line of duty sick leave or may be granted the extension of the period of such leave of absence even after the expiry of the period of medical care or payment of medical care benefits approved or determined under the previous provisions of the proviso of Article 57-7 (2).
ADDENDA <Presidential Decree No. 32274, Dec. 28, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 30, 2021.
Articles 2 through 14 Omitted.
ADDENDA <Presidential Decree No. 32627, May 9, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 21, 2022.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 33151, Dec. 27, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Inclusion in Calculation of Minimum Number of Years Required for Promotion)
| (1) | The amended provisions of Article 31 (3) shall begin to apply where public officials are appointed under this Decree on or after the date this Decree enters into force. |
| (2) | The amended provisions of Article 31 (14) shall also apply to the period during which a State public official appointed pursuant to Article 28 (2) 7 of the Act has served as a local public official before this Decree enters into force. |
| (3) | The amended provisions of Article 31 (15) shall also apply to the period before demotion when a State public official appointed pursuant to Article 28 (2) 7 of the Act has served as a local public official before this Decree enters into force: Provided, That this shall not apply where a public official was promoted to a higher rank than the original rank as at the time this Decree enters into force. |
Article 3 (Applicability to Standards for Qualification of Public Officials in Professional Fixed-Term Positions and Public Officials in Temporary Fixed Term Positions)
The amended provisions of attached Table 4-2 shall begin to apply to an examination publicly announced on or after the date this Decree enters into force.
ADDENDA <Presidential Decree No. 33692, Aug. 30, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Name Change of Functional Groups)
| (1) | Public officials in general service of the technical functional group listed in previous attached Table 1 as at the time this Decree enters into force shall be deemed to be appointed as public officials in general service of the relevant class of the scientific and technical functional group. |
| (2) | Fixed numbers by class of public officials in general service of the technical functional group which are prescribed by statutes or regulations, etc. which provide for organizations and the fixed numbers of personnel of each agency as at the time this Decree enters into force shall be deemed the fixed numbers by class of public officials in general service of the scientific and technical functional group under the amended provisions of attached Table 1. |
| (3) | A procedure of employment and appointment as public officials in general service of the technical functional group which is in progress under the previous provisions as at the time this Decree enters into force shall be deemed a procedure of employment and appointment as public officials in general service of the scientific and technical functional group which is in progress under the amended provisions of attached Table 1. |
| (4) | Where other statutes or regulations cite public officials in general service of the technical functional group as at the time this Decree enters into force, they shall be deemed to cite public officials in general service of the scientific and technical functional group under the amended provisions of attached Table 1. |
Article 3 (Transitional Measures concerning Integration of Functional Subcategories within Maritime and Fishery Functional Category)
| (1) | Public officials of Grade V or below of the mark operation functional subcategory listed in attached Table 1 as at the time this Decree enters into force shall be deemed to be appointed to the relevant classes of the maritime traffic facilities functional subcategory. |
| (2) | Fixed numbers by class of public officials in general service of the mark operation functional subcategory which are prescribed by statutes or regulations, etc. which provide for organizations and the fixed numbers of personnel of each agency as at the time this Decree enters into force shall be deemed the fixed numbers by class of public officials in general service of the maritime traffic facilities functional subcategory under the amended provisions of attached Table 1. |
| (3) | A procedure of employment and appointment as public officials in general service of the mark operation functional subcategory which is in progress under the previous provisions as at the time this Decree enters into force shall be deemed a procedure of employment and appointment as public officials in general service of the maritime traffic facilities functional subcategory which is in progress under the amended provisions of attached Table 1. |
| (4) | A register of candidates for promotion of public officials of the mark operation functional subcategory prepared under the previous provisions as at the time this Decree enters into force shall be effective until the first register of candidates for promotion of the relevant class of the maritime traffic facilities functional subcategory is prepared after the date this Decree enters into force. |
| (5) | Where other statutes or regulations cite public officials in general service of the mark operation functional subcategory as at the time this Decree enters into force, they shall be deemed to cite public officials in general service of the maritime traffic facilities subcategory under the amended provisions of attached Table 1. |
Article 4 Omitted.
Article 5 (Transitional Measures Following Amendments to Other Statutes or Regulations)
| (1) | Public officials in research service of the technical functional group and public officials in technical advice service of the technical functional group listed in attached Table 1 of the previous Regulations on the Appointment of Public Officials Engaged in Research and Technical Advice Service as at the time this Decree enters into force shall be deemed appointed as public officials in research service of the relevant classes of the scientific and technical functional group and public officials in technical advice service of the relevant classes of the scientific and technical functional group on the date this Decree enters into force. |
| (2) | The fixed number by class of public officials in research service of the technical functional group and public officials in technical advice service of the technical functional group prescribed by statutes or regulations, etc. governing the organization and the fixed number of personnel of each agency as at the time this Decree enters into force, shall be deemed the fixed number by class of public officials in research service of the scientific and technical functional group and public officials in technical advice service of the scientific and technical functional group designated under the amended provisions of attached Table 1 of the Regulations on the Appointment of Public Officials Engaged in Research and Technical Advice Service which is amended under Article 4 (7) of the Addenda. |
| (3) | A procedure of employment and appointment as public officials in research service of the technical functional group and public officials in technical advice service of the technical functional group which is in progress under the previous provisions as at the time this Decree enters into force, shall be deemed a procedure of employment and appointment as public officials in research service of the scientific and technical functional group and public officials in technical advice service of the scientific and technical functional group which is in progress under the amended provisions of attached Table 1 of the Regulations on the Appointment of Public Officials Engaged in Research and Technical Advice Service which is amended under Article 4 (7) of the Addenda. |
| (4) | Where other statutes or regulations cite public officials in research service of the technical functional group and public officials in technical advice service of the technical functional group as at the time this Decree enters into force, they shall be deemed to cite public officials in research service of the scientific and technical functional group and public officials in technical advice service of the technical functional group under the amended provisions of attached Table 1 of the Regulations on the Appointment of Public Officials Engaged in Research and Technical Advice Service which is amended under Article 4 (7) of the Addenda. |
ADDENDA <Presidential Decree No. 33798, Oct. 10, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 12, 2023.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 34053, Dec. 26, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2024: Provided, That the amended provisions of Article 31 (1) shall enter into force on January 31, 2024. Article 2 (Transitional Measures concerning Determination of Impracticability for Candidates for Employment to Perform Duties)
| (1) | Matters for which a resolution is passed by a screening committee pursuant to the former part of Article 14 (2) before this Decree enters into force shall be deemed matters for which a resolution was passed by an appointment examination committee pursuant to the amended provisions of Articles 10-4 (1) 1 and 14 (2). |
| (2) | Notwithstanding the amended provisions of Articles 10-4 (1) 1 and 14 (2), the previous provisions shall apply where procedures for resolution by a screening committee are underway pursuant to the previous provisions of Article 14 (2) as at the time this Decree enters into force. |
Article 3 (Transitional Measures concerning Requirements for Competitive Recruitment for Career Service Positions)
Notwithstanding the amended provisions of Article 16 (2) and attached Table 4-2, the previous provisions shall apply to the competitive recruitment examinations for career service positions which are under way as at the time this Decree enters into force. Article 4 (Transitional Measures concerning Appointment or Dismissal of Public Officials During Probationary Appointment Period)
| (1) | Matters for which a resolution is passed by a screening committee pursuant to the previous Article 23 (2) before this Decree enters into force shall be deemed matters a resolution for which was passed by an appointment examination committee pursuant to the amended provisions of Articles 10-4 (1) 2 and 23 (2). |
| (2) | Notwithstanding the amended provisions of Articles 10-4 (1) 2 and 23 (2), the previous provisions shall apply where procedures for resolution by a screening committee are underway pursuant to the previous Article 23 (2) as at the time this Decree enters into force. |
Article 5 (Transitional Measures concerning Promotion underway)
| (1) | Notwithstanding the amended provisions of Article 31 (1), the previous provisions shall apply where the person in question has sat for the examination for promotion or has been screened by an ordinary promotion screening committee before the enforcement date under the proviso of Article 1 of the Addenda. |
| (1) | Notwithstanding the amended provisions of Article 31 (1), the previous provisions shall apply where the examination for promotion or screening by an ordinary promotion screening committee is underway before the enforcement date under the proviso of Article 1 of the Addenda. |
Article 6 (Transitional Measures concerning Decision on Whether to Grant Medical Leave)
| (1) | Matters on which advice is rendered by the Sick Leave Committee under the previous Article 57-7 (2) before this Decree enters into force shall be deemed matters on which advice was rendered by an appointment examination committee under the amended provisions of Articles 10-4 (1) 3 and 57-7 (2). |
| (2) | Notwithstanding the amended provisions of Articles 10-4 (1) 3 and 57-7 (2), the previous provisions shall apply where procedures for rendering advice by the Sick Leave Committee are underway pursuant to the previous Article 57-7 (2) as at the time this Decree enters into force. |
Article 7 (Transitional Measures concerning Orders to Extend Line of Duty Sick Leave)
| (1) | Matters on which advice is rendered by the Sick Leave Committee under the previous Article 57-7 (3) before this Decree enters into force shall be deemed matters for which a resolution was passed by an appointment examination committee under the amended provisions of Articles 10-4 (1) 4 and 57-7 (3). |
| (2) | Notwithstanding the amended provisions of Articles 10-4 (1) 4 and 57-7 (3), the previous provisions shall apply where procedures for rendering advice by the Sick Leave Committee are underway pursuant to the previous Article 57-7 (3) as at the time this Decree enters into force. |