Presidential Decree No. 34374, Apr. 2, 2024
| Article 1 (Purpose) |
| Article 2 (Special cases concerning appointment procedures for public officials in fixed term positions) |
| (1) | In order to appoint public officials in fixed term positions pursuant to Article 26-5 of the State Public Officials Act (hereinafter referred to as "public officials in fixed term positions"), where the Administrator of the Korea Aerospace Administration conducts examinations for employment in accordance with the main clause and proviso, with the exception of the subparagraphs, of Article 28 (2) of the State Public Officials Act (hereinafter referred to as the "competitive examinations, etc. for the employment of experienced public officials"), he or she chooses not to have consultation with the head of the Central Personnel Agency pursuant to Article 9 (4) 2 of the Special Act on the Establishment and Operation of the Korea Aerospace Administration (hereinafter referred to as the "Act"), notwithstanding the proviso, with the exception of the subparagraphs, of Article 3 (1) of the Decree on Public Officials Appointment Examinations. |
| (2) | Where the Administrator of the Korea Aerospace Administration appoints a public officials in a fixed term position to be a Gwajang (Director of a Division) of the Korea Aerospace Administration or to perform line or staff functions equivalent thereto (referring to a position corresponding to Grade III or IV), the Administrator chooses not to conduct competency assessment pursuant to Article 9 (4) 2 of the Act, notwithstanding the proviso of Article 10-3 (1) of the Decree on the Appointment of Public Officials and paragraph (2) of that Article. |
| (3) | Pursuant to Article 9 (4) 2 of the Act, applicants for the competitive examinations, etc. for the employment of experienced public officials shall be exempted from the application fees under Article 35 (1) of the Decree on Public Officials Appointment Examinations. |
| Article 3 (Special cases concerning eligibility requirements for and methods of examinations to qualify as public officials in fixed term positions) |
| (1) | Pursuant to Article 9 (4) 3 of the Act, the Administrator of the Korea Aerospace Administration may appoint public officials in fixed term positions even in cases falling under Article 28 (2) 10 of the State Public Officials Act, by conducting examinations for not many eligible applicants under the proviso, with the exception of the subparagraphs, of that paragraph. |
| (2) | Where conducting such examinations for not many eligible applicants pursuant to paragraph (1), the Administrator of the Korea Aerospace Administration may omit public announcement required under the main clause of Article 37 (1) of the State Public Officials Act. |
| (3) | Pursuant to Article 9 (4) 3 of the Act, the Administrator of the Korea Aerospace Administration may, if it is deemed necessary due to the nature of business affairs, determine different requirements for competitive examinations, etc. for the employment of experienced public officials to appoint public officials in fixed term positions who do not belong to the Senior Executive Service, notwithstanding Article 16 (1) of the Decree on the Appointment of Public Officials. |
| (4) | Where conducting competitive examinations, etc. for the employment of experienced public officials, the Administrator of the Korea Aerospace Administration shall conduct document screening and oral examinations pursuant to Article 9 (4) 4 of the Act, notwithstanding Article 29 (1) of the Decree on Public Officials Appointment Examinations; and may additionally conduct one or more examinations, either a written examination or a practical examination, if necessary; provided, such oral examination may be omitted in the case of appointing a public official in a fixed term position who is a member of the Senior Executive Service (hereinafter in this Article referred to as "senior executive in a fixed term position") to the position with the highest duty grade assigned pursuant to Article 23 of the State Public Officials Act. |
| (5) | Where the Administrator of the Korea Aerospace Administration intends to conduct a competitive examination, etc. for the employment of experienced public officials to appoint a senior executive in a fixed term position, he or she shall conduct such examination on any of the following persons: |
| 1. | A person who has worked or conducted research in a relevant field for a period determined by the Administrator of the Korea Aerospace Administration after obtaining a certificate or degree related to the duties of the position to be appointed; |
| 2. | A person who has worked or conducted research in a field involving duties identical or related to those of the position to be appointed for a period determined by the Administrator of the Korea Aerospace Administration. |
| Article 4 (Criteria and period for dispatch) |
| (1) | The Administrator of the Korea Aerospace Administration may dispatch a public official in a fixed term position of the Korea Aerospace Administration pursuant to Article 11 (1) of the Act in any of the following cases: |
| 1. | Where it falls under Article 41 (1) 1 through 4 of the Decree on the Appointment of Public Officials; |
| 2. | Where it is necessary for the performance of business affairs in an international organization or a foreign government or research institute; |
| 3. | Where it is necessary for the performance of relevant business affairs in a domestic research institute or a private institution or organization or the collection, etc. of data related to the establishment of national policy. |
| (2) | In the case of a dispatch under paragraph (1) 1 (excluding cases falling under Article 41 (1) 4 of the Decree on the Appointment of Public Officials), the head of the agency to receive a dispatched public official shall request such dispatch in advance; provided, if a request for dispatch falls under Article 41 (1) 1 of the Decree on the Appointment of Public Officials, the head of the agency to receive a public official on dispatch shall consult with the head of the relevant central administrative agency in advance. |
| (3) | Where the Administrator of the Korea Aerospace Administration dispatches a public official in a fixed term position of the Korea Aerospace Administration pursuant to paragraph (1), he or she shall notify the Minister of Personnel Management of the fact without delay. |
| (4) | The period of dispatch under paragraph (1) shall not exceed 1 year, but if necessary, the period of dispatch may be extended to the extent that the total period of dispatch does not exceed 2 years; provided, the period of dispatch under Article 41 (1) 4 of the Decree on the Appointment of Public Officials shall not exceed 6 months. |
| (5) | Article 41 (5) and (8) of the Decree on the Appointment of Public Officials shall apply |
| Article 5 (Period and method of permission for concurrent office-holding) |
| (1) | "Period prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 11 (2) of the Act means one year. |
| (2) | If a public official in a fixed term position of the Korea Aerospace Administration seeks to hold a concurrent office for profit, he or she shall obtain concurrence office-holding permission under Article 11 (2) of the Act when entering into an agreement under Article 9 (7) of the Act. |
| Article 6 (Special cases concerning transfer of public officials in fixed term positions) |
| Article 7 (Special cases concerning prescribed number of public officials in fixed term positions) |
| Article 8 (Reasons for ex officio dismissal) |
| (1) | "Reasons prescribed by Presidential Decree, such as lack of the specialized knowledge or skills" in Article 12 (1) 4 the Act refers to the following: |
| 1. | Where the person is considered as having a significant lack of the specialized knowledge or skills required for the position; |
| 2. | Where advances in science and technology have significantly reduced the need for the specialized knowledge and skills required for the position. |
| (2) | "Serious misconduct prescribed by Presidential Decree" in Article 12 (1) 5 of the Act means the misconduct specified in each subparagraph of Article 56 (2) of the Enforcement Decree of the National Research and Development Innovation Act. |
| Article 9 (Composition of Aerospace Administration Ethics Committee) |
| (1) | The ethics committee of the Korea Aerospace Administration pursuant to Article 13 (1) of the Act (hereinafter referred to as the "ethics committee") shall be composed of 13 members, including 1 chairperson and 1 vice chairperson. |
| (2) | Nine members, including the chairperson of the ethics committee, be commissioned by the Administrator of the Korea Aerospace Administration from among the persons classified under Article 13 (2) of the Act who are not disqualified under Article 33 of the State Public Officials Act. |
| (3) | The vice chairperson of the ethics committee shall be a public official of the Korea Aerospace Administration designated by the Administrator of the Korea Aerospace Administration. |
| (4) | In addition to the members under paragraphs (2) and (3), 3 members shall be the following persons: |
| 1. | One person working in a position designated by the Administrator of the Korea Aerospace Administration from among the positions held by public officials of the Korea Aerospace Administration; |
| 2. | Two persons working in positions designated by the Administrator of the Korea Aerospace Administration from among the positions held by public officials of relevant central administrative agencies and recommended by the heads of the relevant agencies. |
| (5) | The term of office of the members of the ethics committee under paragraph (2) shall be 2 years, but they may be reappointed only once. |
| Article 10 (Dismissal of ethics committee members) |
| 1. | If a member becomes subject to any of the grounds for disqualification under Article 33 of the State Public Officials Act; |
| 2. | If a member becomes unable to perform his or her duties due to mental or physical weakness, etc.; |
| 3. | If a member engages in misconduct in connection with his or her duties; |
| 4. | If a member is deemed unsuitable to be a member due to neglect of duties, injury to dignity, or any other reasons; |
| 5. | If a member fails to recuse him or herself even though he or she falls within any of the subparagraphs of Article 11 (1). |
| 5. | If a member fails to recuse him or herself even though he or she falls within any of the subparagraphs of Article 11 (1); |
| Article 11 (Exclusion and recusal of ethics committee member) |
| (1) | Where a member of the ethics committee falls under any of the following categories, he or she shall be excluded from deliberation and decision-making on the relevant agenda item: |
| 1. | If a member or a person who is or was a spouse of the member is a party to the relevant agenda item or a joint right holder or joint obligor with the party to the relevant agenda item; |
| 2. | If a member is or was a relative of a party to the relevant agenda item; |
| 3. | If a member has given testimony, made a statement, provided counsel, conducted research, provided service, or made an appraisal with regard to the relevant agenda item; |
| 4. | If a member or the corporation to which the member belongs is or was an agent of a party to the relevant agenda item; |
| 5. | If a member is or was the immediate superior, or an immediate subordinate, of a party to the relevant agenda item. |
| 6. | If a member declares voluntarily that it is difficult for him or her to perform his or her duties. |
| Article 12 (Duties of chairperson and vice chairperson of ethics committee) |
| (1) | The chairperson of the ethics committee represents the ethics committee and has general supervision and control of the duties of the ethics committee. |
| (2) | If the chairperson of the ethics committee is unable to perform his duties due to unavoidable reasons, the vice chairperson of the ethics committee shall act on behalf of the president. |
| Article 13 (Meetings and operation of ethics committee) |
| (1) | The chairperson of the ethics committee shall convene meetings of the ethics committee and shall chair the committee. |
| (2) | A majority of the members of the ethics committee shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present. |
| (3) | A member who is excluded or recuses him or herself from deliberation and decision-making of the ethics committee pursuant to Article 11 shall be excluded from the number of the incumbent members under paragraph (2). |
| (4) | If there is no time to convene a meeting of the ethics committee or if the chairperson deems it particularly necessary, a resolution may be made in writing. |
| (5) | Meetings of the ethics committee are not open to the public. |
| (6) | No person attending a meeting of the ethics committee shall not divulge any information learned in connection with the performance of his or her duties. |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for the operation of the ethics committee shall be determined by the chairperson following a resolution by the ethics committee. |
| Article 14 (Establishment and implementation of security and disaster measures) |
| (1) | Security and disaster measures under Article 18 of the Act shall include the following matters: |
| 1. | Basic principles and methods of security and disaster management of the buildings, facilities, equipment, and business affairs of the Korea Aerospace Administration; |
| 2. | Security management system, including designation of security and disaster management departments and officers; |
| 3. | Procedures and methods for handling leakage or loss of important documents related to the business affairs of the Korea Aerospace Administration; |
| 4. | Methods of assigning security levels for the handling of important information and measures to observe confidentiality; |
| 5. | Information security measures for computing equipment; |
| 6. | Methods of protecting facilities and evacuating materials, personnel, etc. in the event of a disaster such as an earthquake, flood, or fire; |
| 7. | Except as provided in subparagraphs 1 through 6, matters deemed necessary by the Administrator of the Korea Aerospace Administration for security and disaster management. |
| (2) | The Administrator of the Korea Aerospace Administration shall consult with the Director of the National Intelligence Service before establishing and implementing security measures pursuant to paragraph (1). |
| Article 15 (Entrustment of business affairs) |
| (1) | Pursuant to Article 22 (2) of the Act, the Administrator of the Korea Aerospace Administration may entrust the following business affairs to the Korea Aerospace Research Institute under Article 19 (1) of the Act, the Korea Astronomy and Space Science Institute under Article 20 (1) of the Act, or any institution, corporation, or organization recognized by the Administrator of the Korea Aerospace Administration as having the necessary organization, human resources, and facilities to perform such business affairs: |
| 1. | Survey and analysis of trends for the development and promotion of the aerospace industry under subparagraph 4 of Article 7 of the Act; |
| 2. | Development of human resources and expansion of the base in the field of aerospace under subparagraph 6 of Article 7 of the Act. |
| (2) | Where entrusting the business affairs under paragraph (1), the Administrator of the Korea Aerospace Administration shall publicly notify the entrusted institution, corporation, or organization and the details of the entrusted business affairs. |
| Article 16 (Criteria for imposing administrative fines) |