[This Article Wholly Amended on Nov. 23, 2011]
| Article 2 (Collection of Information on Candidates for Public Office) |
| (1) | The Minister of Personnel Management may collect and manage information on persons with expert knowledge, skills, and experiences required to perform the duties as public officials, such as public officials in political service under Article 19-3 (1) of the State Public Officials Act (excluding those holding elective public office), examiners of employment examinations for public officials, members of committees, candidates who have specific qualifications for open positions under Article 28-4, and candidates for positions, etc. appointed or commissioned by the President under the Act on the Management of Public Institutions and other statutes (hereinafter referred to as "candidates for public office, etc."). In such cases, the Minister may collect and manage information on candidates for public office, etc. who are foreign nationals who have participated in international cooperation projects, such as international conferences, events, and education and training courses organized by State agencies, local governments, public institutions under the Act on the Management of Public Institutions (hereinafter referred to as “public institutions”), or local government-invested public corporations or local public agencies under the Local Public Enterprises Act (hereinafter referred to as “local public enterprises”). <Amended on Nov. 19, 2014; Jul. 14, 2020; Jun. 20, 2023> |
| (2) | If the Minister of Personnel Management collects and manages information on candidates for public office, etc. pursuant to paragraph (1), he or she shall obtain consent from data subjects pursuant to Article 19-3 (2) of the State Public Officials Act and Article 22 of the Personal Information Protection Act: Provided, That this shall not apply to information the data subject has consented to provide to any institution other than the one to which he or she directly provided the information, and information publicly disclosed through records or publications, on the website, or through press reports, etc. and that can be purchased and perused by many unspecified persons. <Amended on Nov. 19, 2014> |
| (3) | When collecting information from a person himself or herself, the Minister of Personnel Management shall require the person to prepare information in writing and forward it to the Minister, or allow the person to enter information via the Ministry's website, etc. In such cases, the Minister shall provide prior notice to the State agencies, local governments, or institutions referred to in Article 6 (1) that such information may be provided for personnel management purposes or for the utilization of knowledge, skills, experience, etc. in specialized fields related to duties as public officials (hereinafter referred to as "personnel purposes, etc."). <Amended on Nov. 19, 2014; Jul. 14, 2020> |
| (4) | If the Minister of Personnel Management deems it necessary to identify persons with qualifications as candidates for public office, etc. under paragraph (1), he or she may receive recommendations for qualified candidates in writing, verbally, via e-mail, or through the Ministry's website, among other means. <Newly Inserted on Jul. 14, 2020> |
[This Article Wholly Amended on Aug. 6, 2014]
| Article 3 (Scope of Information on Candidates for Public Office) |
The information on candidates for public office, etc. collected and managed by the Minister of Personnel Management means the following information to determine whether they are suitable for the positions to be appointed or commissioned or the specialized fields, etc. to be utilized: <Amended on Nov. 19, 2014; Jul. 14, 2020>
| 1. | The candidates' names, ages, resident registration numbers, alien registration numbers, specialized fields, contact information, current and former positions, academic background, career history, awards and decorations received, major publications, work performance and achievements, results of external audits, results of various evaluations, etc.; |
| 2. | Names, ages, resident registration numbers, alien registration numbers, etc. of the spouses, lineal ascendants, and descendants of the candidates for positions, etc. appointed or commissioned by the President. |
[This Article Wholly Amended on Aug. 6, 2014]
| Article 3-2 (Establishment and Operation of National Talent Database) |
The Minister of Personnel Management may establish and operate a national talent database (hereinafter referred to as "database") to collect and manage information on candidates for public office, etc. under Article 2. <Amended on Nov. 19, 2014> [This Article Newly Inserted on Aug. 6, 2014]
[Previous Article 3-2 moved to Article 3-3 <Aug. 6, 2014>]
| Article 3-3 (Diagnosis of Personnel Conditions) |
| (1) | If necessary to identify and manage candidates for public office, etc., the Minister of Personnel Management may diagnose the conditions regarding personnel affairs, such as assessing the required competency for the relevant position. <Amended on Mar. 23, 2013; Aug. 6, 2014; Nov. 19, 2014; Jul. 14, 2020> |
| (2) | The Minister of Personnel Management may collect and manage information on performance and competency to gather in-depth information regarding candidates for public office, etc. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 14, 2020> |
[This Article Wholly Amended on Nov. 23, 2011]
[Moved from Article 3-2 <Aug. 6, 2014>]
| Article 4 Deleted. <Aug. 6, 2014> |
| Article 5 (Collection of Data on Personnel Affairs or Performance Evaluations of Candidates for Public Office) |
| (1) | The Minister of Personnel Management may incorporate into the database personnel data or performance evaluation data, such as job performance records necessary for the management of candidates for public office, etc. such as major careers, appointments, and qualification certificates of State public officials of Grade V or higher and other State public officials of equivalent status (including members of the Senior Executive Service) who are electronically managed by the Minister of Personnel Management pursuant to Articles 19 and 19-2 of the State Public Officials Act. <Amended on Mar. 23, 2013; Aug. 6, 2014; Nov. 19, 2014; Nov. 19, 2014; Nov. 22, 2016; Dec. 12, 2023> |
| (2) | The Minister of Personnel Management may request the Minister of Education, the head of a local government, or the chairperson of a local council to provide personnel data or performance evaluation data necessary for the management of candidates for public office, etc. such as major careers, appointments, and qualifications of local public officials of Grade IV or higher (in cases of female officials, at least Grade V) and other local public officials of equivalent class, which are electronically managed by the relevant institution. <Amended on Mar. 23, 2013; Aug. 6, 2014; Nov. 19, 2014; Jul. 14, 2014; Nov. 14, 2020; Nov. 30, 2021> |
| (3) | If necessary for the management of candidates for public office, etc., the Minister of Personnel Management may request personnel data or performance evaluation data about persons currently serving or who have served at public institutions. <Amended on Jul. 14, 2020; Jun. 20, 2023> |
[This Article Wholly Amended on Nov. 23, 2011]
[Title Amended on Aug. 6, 2014]
| Article 6 (Provision and Direct Perusal of Information on Candidates for Public Office) |
| (2) | If the head of a State agency, local government, public institution, or local public enterprise (hereinafter referred to as "head of a State agency, etc.") requests the Minister of Personnel Management to provide information on candidates for public office, etc. for personnel purposes, etc. pursuant to the former part of Article 19-3 (4) of the State Public Officials Act, he or she shall make such request in writing or through a database 10 days before the date when such information is required, clearly stating the purpose of utilization, qualification requirements, etc.: Provided, That this shall not apply in cases of urgent personnel matters or security needs where prior consultation has occurred with the Minister of Personnel Management. <Amended on Jun. 20, 2023> |
| (3) | When providing information on candidates for public office, etc. requested pursuant to paragraph (2), the Minister of Personnel Management may issue the information in an official document or authorize perusal of the information through a database within 10 days to the extent that it does not violate the purpose of the request. In such cases, the Minister may determine the method of information provision, taking into account the relevant agency's purpose of utilization, the type of the affected position, and the operation status of the database. |
| (4) | If the Minister of Personnel Management deems that the purpose of information utilization, personal information management status, information and communications network security measures, etc. of the relevant agency are inappropriate, the Minister need not approve the request for information provision under paragraph (2). In such cases, he or she shall notify the requesting agency of such fact. |
| (5) | Upon receiving information on candidates for public office, etc. pursuant to paragraphs (2) and (3), the head of an agency shall notify the Minister of Personnel Management of the outcomes within 10 days from the date on which the appointment or commissioning of candidates for public office, etc. to the relevant position is determined. |
| (6) | Direct perusal of information on candidates, etc. for public office under the former part of Article 19-3 (4) of the State Public Officials Act is only permissible through the information and communications networks under Article 52 of the Electronic Government Act, and the scope of information that can be directly perused shall include the names, genders, ages, e-mail addresses, specialized fields, and major experiences of the candidates for public office, etc. |
[This Article Wholly Amended on Jul. 14, 2020]
| Article 6-2 (Support for Government's Recruitment of Talents from Private Sector) |
| (1) | The Minister of Personnel Management may, at the request of the heads of State agencies, etc., identify and recommend qualified persons for the following positions through a database or relevant institutions or organizations, or on websites, etc., and encourage them to apply for selection examinations: <Amended on Jun. 20, 2023> |
| 1. | Positions eligible for appointment as public officials in fixed term positions under Article 26-5 (1) of the State Public Officials Act (including open positions designated pursuant to Article 28-4 (1) of that Act) among positions qualifying for appointment as public officials of Grade IV or higher or other positions equivalent thereto (including positions in the Senior Executive Service); |
| 3. | Open positions in contractual service at public institutions. |
| (2) | If the head of a State agency, etc. make a request pursuant to paragraph (1), they shall make a written request to the Minister of Personnel Management no later than 10 days before the public announcement of the selection examination for the relevant position (where the public announcement is omitted, referring to 30 days before the date when the recommendation is required), specifying necessary matters, such as the position subject to recommendation, details of duties of the relevant position, and requirements for performing duties: Provided, That this shall not apply in cases of urgent need for candidate selection where the head of the State agency, etc. have had a prior consultation with the Minister of Personnel Management. |
| (3) | Upon receiving recommendation of qualified persons pursuant to paragraph (1), the head of a State agency, etc. shall notify the Minister of Personnel Management of the appointment within 10 days from the date when the appointment of the recommended person is determined. |
[This Article Newly Inserted on Jul. 14, 2020]
| Article 7 (Perusal of Information on Candidates for Public Office) |
Any person whose personal information is stored in the database may request the Minister of Personnel Management to authorize the perusal of such information by mail, fax, computer, etc. In such cases, the Minister shall, without delay, make the information available for perusal. <Amended on Mar. 23, 2013; Nov. 19, 2014>
[This Article Wholly Amended on Nov. 23, 2011]
[Title Amended on Aug. 6, 2014]
| Article 8 (Correction and Destruction of Information on Candidates for Public Office) |
Any person whose personal information is stored in the database may request the Minister of Personnel Management to correct or destroy such information by mail, fax, computer, etc. In such cases, the Minister may correct or destroy the information within 7 days and notify the person accordingly. <Amended on Mar. 23, 2013; Aug. 6, 2014; Nov. 19, 2014>
[This Article Wholly Amended on Nov. 23, 2011]
[Title Amended on Aug. 6, 2014]
| Article 9 (Security Measures) |
| (1) | The Minister of Personnel Management shall prepare necessary security measures, such as the issuance of certification only to authorized users so that they can access the database. <Amended on Mar. 23, 2013; Act Nov. 19, 2014> |
| (2) | The Minister of Personnel Management and the head of an agency who has obtained approval for the perusal of information on candidates for public office, etc. pursuant to Article 6 (3) shall establish necessary security equipment to prevent access to the database by unauthorized persons under paragraph (1). <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 14, 2020> |
| (3) | If an institution which has been provided with information or directly perused information pursuant to Article 6 uses such information for purposes other than its original purpose, the Minister of Personnel Management may restrict the provision of information to the relevant institution or the direct perusal of such information by the institution. <Newly Inserted on Jul. 14, 2020> |
[This Article Wholly Amended on Nov. 23, 2011]
[Title Amended on Jul. 14, 2020]
| Article 10 (Operation and Maintenance of Database) |
| (1) | The Minister of Personnel Management shall designate public officials of Grade V or higher or members in general service of the Senior Executive Service as persons in charge of managing the database. <Amended on Mar. 23, 2013; Nov. 19, 2014> |
| (2) | If the Minister of Personnel Management deems it necessary to supplement the relevant programs of the database due to changes in relevant statutes or regulations or systems, etc., the Minister of Personnel Management shall promptly take action. <Amended on Mar. 23, 2013; Nov. 19, 2014> |
| (3) | The Minister of Personnel Management shall securely store and maintain the information on candidates for public office, etc. contained in the database in a separate storage device. <Amended on Mar. 23, 2013, Aug. 6, 2014; Nov. 19, 2014> |
| (4) | The Minister of Personnel Management shall take necessary measures to ensure that the information in the database is up to date. <Amended on Mar. 23, 2013; Act Nov. 19, 2014> |
[This Article Wholly Amended on Nov. 23, 2011]
| Article 10-2 (Entrustment of Authority) |
| (1) | The Minister of Personnel Management shall entrust the authority to collect and manage information under Article 2 to the Chief of Staff to the President and the Minister of Justice to the extent recognized by the Minister of Personnel Management as necessary for the proper execution of personnel affairs regarding positions, etc. appointed or commissioned by the President pursuant to Article 20 of the State Public Officials Act or Article 6 (1) of the Government Organization Act. <Amended on Nov. 19, 2014; Jun. 7, 2022> |
| (2) | The Chief of Staff to the President and the Minister of Justice may determine details necessary for exercising the authority entrusted pursuant to paragraph (1). <Amended on Jun. 7, 2022> |
[This Article Newly Inserted on Aug. 6, 2014]
| Article 10-3 (Processing of Personally Identifiable Information) |
The Minister of Personnel Management (including the Chief of Staff to the President and the Minister of Justice entrusted with the authority under Article 10-2 (1)) may process data containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if unavoidable to perform the affairs related to the collection and management of information on candidates for public office, etc. under this Decree. <Amended on Nov. 19, 2014; Jun. 7, 2022> [This Article Newly Inserted on Aug. 6, 2014]
| Article 11 (Detailed Operational Rules) |
The Minister of Personnel Management shall prescribe matters necessary for the enforcement of this Decree, such as standards for entering information on candidates for public office, etc., registration methods, scope of provision, and matters to be observed by employers. <Amended on Mar. 23, 2013; Aug. 6, 2014; Nov. 19, 2014; Jul. 14, 2020>
[This Article Wholly Amended on Nov. 23, 2011]
ADDENDUM <Presidential Decree No. 19075, Sep. 30, 2005>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 20101, Jun. 21, 2007>
This Decree shall enter into force on July 1, 2007.
ADDENDA <Presidential Decree No. 20741, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 23307, Nov. 23, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24425, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among the Presidential Decrees amended pursuant to Article 6 of the Addenda, the amendments to a Presidential Decree, which were promulgated before this Decree enters into force, but the dates on which they are to enter into force have not arrived, shall enter into force on the enforcement dates of the relevant Presidential Decrees, respectively. Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 25533, Aug. 6, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among the Presidential Decrees amended pursuant to Article 6 of the Addenda, the amendments to those Presidential Decrees which were promulgated before this Decree enters into force, but the dates on which they are to enter into force have not arrived shall enter into force on the enforcement dates of the relevant Presidential Decrees, respectively. Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 27607, Nov. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 30855, Jul. 14, 2020>
This Decree shall enter into force on July 30, 2020.
ADDENDA <Presidential Decree No. 32172, Nov. 30, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 13, 2022. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 32685, Jun. 7, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 33562, Jun. 20, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 6 (1) and (2) shall enter into force on January 1, 2024. Article 2 (Applicability to Collection and Management of Information on Candidates for Public Office)
The amended provisions of the latter part of Article 2 (1) shall begin to apply to cases where a foreigner participates in international cooperation projects after this Decree enters into force.
ADDENDA <Presidential Decree No. 33962, Dec. 12, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2024.
Article 2 Omitted.