EDUCATION AND TRAINING OF LOCAL PUBLIC OFFICIALS ACT
Wholly Amended by Act No. 10734, May 30, 2011
Amended by Act No. 11531, Dec. 11, 2012
Act No. 11690, Mar. 23, 2013
Act No. 11996, Aug. 6, 2013
Act No. 12844, Nov. 19, 2014
Act No. 13696, Dec. 29, 2015
Act No. 14197, May 29, 2016
Act No. 14839, Jul. 26, 2017
Act No. 18471, Oct. 8, 2021
The purpose of this Act is to have public officials serving in the local governments develop desirable public office ethics to be cherished as civil servants, and techniques and capability to efficiently perform duties.
| Article 2 (Scope of Application) |
This Act shall apply to public officials under the jurisdiction of the heads of local governments [including the superintendents of education of a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do"); hereinafter the same shall apply] and those under the jurisdiction of the chairpersons of local councils (hereinafter referred to as "local public officials").
[This Article Wholly Amended on Oct. 8, 2021]
| Article 3 (Responsibilities of Heads of Local Governments) |
| (1) | The heads of local governments and the chairpersons of local councils shall formulate and implement policies necessary for the education and training of local public officials under their jurisdiction. <Amended on Oct. 8, 2021> |
| (2) | In order to develop the education and training of local public officials, the Minister of Education and the Minister of the Interior and Safety shall provide necessary guidance and assistance to local governments and to the education and training institutes for local public officials. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[Title Amended on Oct. 8, 2021]
| Article 4 (Obligations of Receiving Education and Training) |
| (1) | All local public officials shall faithfully receive education and training prescribed by this Act in order to enhance work efficiency and quality of public service. |
| (2) | The head of a local government and the chairperson of a local council shall have local public officials under his or her jurisdiction receive education and training, as prescribed by Presidential Decree. <Amended on Oct. 8, 2021> |
| Article 5 (Establishment of Master Plan for Education and Training) |
| (1) | The head of a local government and the chairperson of a local council shall formulate master plan for education and training on a five-year basis to systematically develop the capability of local public officials under their jurisdiction. <Amended on Oct. 8, 2021> |
| (2) | A master plan for education and training shall include the following matters: |
| 1. | Objectives of education and training; |
| 2. | Analyzing the medium and long-term demand trends for human resources and the capabilities of local public officials under their jurisdiction; |
| 3. | Predicting the medium- and long-term demand trends for education and training; |
| 4. | Implementation of education and training; |
| 5. | Improvement and development of education and training institutes; |
| 6. | Medium- and long-term plan for investment in education and training; |
| 7. | Other matters necessary for education and training. |
| (3) | The heads of local governments and the chairpersons of local councils shall formulate and promote annual implementation plans in accordance with a master plan for education and training. <Amended on Oct. 8, 2021> |
| Article 6 (Establishment of Self-Development Plans) |
| (1) | Local public officials shall formulate an annual self-development plan as prescribed by Presidential Decree and receive education and training for specific hours. |
| (2) | The heads of local governments and the chairpersons of local councils shall give support to local public officials under their jurisdiction so that they may choose education and training institutes and education courses according to self-development plans and receive education and training. <Amended on Oct. 8, 2021> |
| Article 7 (Appointment of Public Officials Responsible for Education and Training) |
The head of a local government and the chairperson of a local council shall appoint officials in charge of education and training who take overall control of the formulation and promotion of education and training policies for local public officials under their jurisdiction. <Amended on Oct. 8, 2021>
| Article 8 (Education and Training Institutes) |
| (1) | Local public officials under the jurisdiction of the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, and Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), those under the jurisdiction of the chairperson of City/Do council, those under the jurisdiction of the head of Si/Gun/autonomous Gu, those under the jurisdiction of the heads of Sis, Guns, and autonomous Gus within the jurisdiction of the relevant City/Do, those under the jurisdiction of the presidents of local councils shall be educated and trained by education and training institutes (hereinafter referred to as "local public officials training institute") established under the Mayors/Do Governors as prescribed in Article 126 of the Local Autonomy Act. <Amended on Aug. 6, 2013; Oct. 8, 2021> |
| (2) | In cases of a City/Do where no local public officials training center is established, local public officials under the jurisdiction of the relevant Mayor/Do Governor, local public officials under the jurisdiction of the chairperson of the relevant City/Do council, local public officials under the jurisdiction of the head of Si/Gun/autonomous Gu within the jurisdiction of the relevant City/Do, and local public officials under the jurisdiction of the presidents of local councils shall receive an integrated education and training provided by a local public officials training institute under the control of another Mayor/Do Governor. <Amended on Aug. 6, 2013; Oct. 8, 2021> |
| (3) | Notwithstanding paragraphs (1) and (2), education and training prescribed by Presidential Decree among education and training for local public officials of Grade V or higher (including candidates for promotion of Grade V) shall be provided by a specialized education and training institute established under the jurisdiction of the Minister of the Interior and Safety pursuant to Article 4 (1) of the Act on the Capacity Development of Public Officials. <Amended on Mar. 23, 2013; Nov. 19, 2014; Dec. 29, 2015; Jul. 26, 2017; Oct. 8, 2021> |
| (4) | Matters necessary for methods of an integrated education and training provided under paragraph (2), procedures therefor, etc. shall be prescribed by ordinance of the relevant City/Do as prescribed by Presidential Decree. <Amended on Aug. 6, 2013> |
| (5) | The education and training of local public officials under the jurisdiction of the superintendents of education shall be provided by the education and training institutes prescribed by Presidential Decree. |
| Article 9 (Designation of Open Positions) |
A Mayor/Do Governor and a superintendent of education may designate the position of the head of an education and training institute as an open position in order to secure efficiency and specialty of the operation of an education and training institute.
| Article 10 (Teaching Personnel) |
| (1) | Local public officials training institutes may place teaching personnel to be in charge of lecture, research, and the operation of education. |
| (2) | Teaching personnel in charge of research as prescribed in paragraph (1) shall perform specialized duties, such as the development and operation of curricula, preparation of teaching materials, research into designated tasks, etc. |
| (3) | Where a Mayor/Do Governor and a superintendent of education select teaching personnel of affiliated education and training institutes from among local public officials under their jurisdiction, they shall select persons who are excellent in service record and have qualifications necessary for the provision of lectures and education. |
| (4) | A Mayor/Do Governor and a superintendent of education may employ teaching personnel as public officials on a contractual basis within the extent of the fixed number of employees prescribed by municipal ordinance. <Amended on Dec. 11, 2012> |
| (5) | Matters necessary for the qualifications, etc. for teaching personnel shall be prescribed by Presidential Decree. |
| Article 11 (Notification of Basic Capacity Development Policies) |
The Minister of Education and the Minister of the Interior and Safety shall notify the heads of local governments, the chairpersons of local councils, and the heads of education and training institutes of the fundamental policy concerning developing the capacity of State public officials under Article 2 of the Act on the Capacity Development of Public Officials. <Amended on Mar. 23, 2013; Nov. 19, 2014; Dec. 29, 2015; Jul. 26, 2017; Oct. 8, 2021> [Title Amended on Dec. 29, 2015]
| Article 12 (Formulation of Education and Training Plans) |
The heads of education and training institutes shall formulate education and training plans for relevant education and training institutes in accordance with the annual implementation plan prescribed in Article 5 (3).
| Article 13 (Research and Improvement of Curricula) |
The heads of education and training institutes shall endeavor to enhance the quality of teaching personnel under their jurisdiction and to improve teaching methods so as to raise the outcomes of education and training, and make a study and improvement of curricula so that such curricula are appropriate for application in practice.
| Article 14 (Appointing Public Officials to Additional Post of Teaching Personnel) |
| (1) | Where necessary to have teaching personnel conduct specific curriculum areas, a Mayor/Do Governor and a superintendent of education may appoint public officials in the relevant field or private specialists to hold concurrent offices to serve as teaching personnel irrespective of the fixed number of employees. In such cases, where a person who is appointed to a concurrent post of teaching personnel is a public official, they shall consult with the head of the relevant agency. |
| (2) | Allowances for concurrent offices may be paid to a public official who holds a concurrent post as prescribed in paragraph (1), within budgetary limits, as prescribed by Presidential Decree. |
| Article 15 (Payment of Education and Training Allowances) |
Education and training allowances may be paid to public officials in charge of education and training at the education and training institutes within budgetary limits as prescribed by Presidential Decree.
| Article 16 (Recommendation of Establishment of Specialized Education and Training Courses) |
Where deemed necessary, the Minister of Education and the Minister of the Interior and Safety may recommend the heads of local governments to establish specialized education and training courses for each education and training institute. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
| Article 17 (Assumption of Education and Training Expenses) |
Where local public officials receive education and training under this Act at a training institute under the control of the head of another local government or the head of a central administrative agency or private training institute (including where local public officials under the jurisdiction of the local council receive education and training under this Act at a training institute for local public officials under the jurisdiction of the relevant Mayor/Do Governor), the head of the local government or the president of the local council to which relevant local public officials belong to shall bear all or part of the expenses, as prescribed by Presidential Decree.<Amended on Oct. 8, 2021>
| Article 18 (Appropriation of Education and Training Budget) |
| (1) | The Minister of Education and the Minister of the Interior and Safety may prescribe standards for securing expenses necessary for education and training in consideration of the demand for education and training of local public officials. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | When local governments make a budget for each fiscal year, they shall preferentially appropriate expenses to be incurred for the education and training of local public officials under their jurisdiction in the budget. In such cases, where standards for securing expenses are prescribed pursuant to paragraph (1), appropriation shall follow such standards. <Amended on Oct. 8, 2021> |
| Article 19 (Commissioned Education and Training) |
| (1) | The heads of local governments and the presidents of local councils may formulate a plan for commissioned education and training domestically and overseas, and have local public officials under their jurisdiction receive education and training for a specified period by commissioning them to domestic or foreign institutes. <Amended on Oct. 8, 2021> |
| (2) | Where the Minister of Education and the Minister of the Interior and Safety recognize it necessary for the enhancement of specialty and quality of local public officials, they may formulate and implement a plan for domestic commissioned education and training for local public officials as prescribed by Presidential Decree: Provided, That a plan for domestic commissioned education and training for local public officials of Grade VI or lower may be formulated and implemented by a relevant Mayor/Do Governor, the president of a relevant local council, and the superintendent of education. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Oct. 8, 2021> |
| (3) | The heads of local governments and the presidents of local councils shall guide and supervise local public officials under their jurisdiction who are receiving education and training, so that they can achieve the goal of such education and training as prescribed by Presidential Decree. <Amended on Oct. 8, 2021> |
| (4) | The heads of local governments may impose mandatory service for a specific period prescribed by Presidential Decree within the extent of six years on the local public officials who have received education and training as prescribed in paragraphs (1) and (2). |
| (5) | Where a local public official who has received education and training or who is receiving education and training pursuant to paragraph (1) fails to comply with instructions for guidance and supervision as prescribed in paragraph (3) or fails to perform mandatory service as prescribed in paragraph (4), he or she may be ordered to return all or some of the expenses incurred in the education and training, or if he or she fails to return them, his or her guarantor (including insurers that have issued guarantee insurance policies under the Insurance Business Act) may be required to perform the guarantee obligation. <Amended on Oct. 8, 2021> |
| Article 20 (Workplace Training) |
| (1) | The heads of local governments and the presidents of local councils shall formulate a workplace training plan and implement training pursuant to such plan, to establish a proper mental attitude in local public officials under their jurisdiction and to improve their job performing abilities. <Amended on Oct. 8, 2021> |
| (2) | The heads of local governments and the presidents of local councils may reflect the outcomes of workplace training of local public officials under their jurisdiction in the personnel management as prescribed by Presidential Decree. <Amended on Oct. 8, 2021> |
| Article 21 (Evaluation of Education and Training) |
The Minister of Education and the Minister of the Interior and Safety may evaluate the contents, methods, outcome, etc. of education and training of local public officials, publicly announce the results, and request the heads of relevant local governments and the heads of local councils to correct matters that may require correction. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Oct. 8, 2021>
| Article 22 (Request for Education and Training) |
The Minister of Education and the Minister of the Interior and Safety may request the heads of local governments or the chairperson of local councils to conduct education and training related to national policies for smooth cooperation in policies. In such cases, the head of a local government or the chairperson of a local council in receipt of a request shall comply therewith. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Oct. 8, 2021>
| Article 23 (Operation of Education and Training Institutes) |
| (1) | Where necessary to efficiently operate education and training institutes, the head of an education and training institution may provide education and training facilities, education and training curricula etc. to State agencies, public institutions, or the private sector for value: Provided, That if necessary for the public interest as prescribed by ordinance of a local government, notwithstanding the Public Property and Commodity Management Act, he or she may allow education and training facilities to be used free of charge or provide education and training curricula on a gratuitous basis. <Amended on Oct. 8, 2021> |
| (2) | The revenues from the provision of education and training facilities, education and training curricula, etc. at a cost under the main clause of paragraph (1) may be accounted for as substitute expenses for revenues prescribed in Article 26 of the Local Accounting Act. <Amended on May 29, 2016> |
ADDENDA <Act No. 10734, May 30, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Appointment of Education and Training Officers)
An education and training officer appointed under the previous provisions as at the time this Act enters into force shall be deemed appointed as prescribed by this Act.
Article 3 (Transitional Measures concerning Education and Training, etc.)
The education and training, and self-development plans already finished or underway under the previous provisions as at the time this Act enters into force shall be deemed the education and training, and self-development plans finished or underway as prescribed by this Act, respectively.
Article 4 (Transitional Measures concerning Teaching Personnel)
Professors, associate professors, assistant professors, and full-time lecturers of the education and training institutes appointed under the previous provisions as at the time this Act enters into force shall be deemed to have been appointed as prescribed by this Act, respectively.
Article 5 (Relationship with other Acts and Subordinate Statutes)
A citation to a provision of the previous Education and Training of Local Public Officials Act in force as at the time this Act enters into force shall be deemed a citation to the corresponding provision of this Act in lieu of the previous provision, if such corresponding provision exists herein.
ADDENDA <Act No. 11531, Dec. 11, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 11996, Aug. 6, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13696, Dec. 29, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2016.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 14197, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended pursuant to Article 5 of this Addenda, amended parts of the Acts which were promulgated before this Act enters into force but the enforcement dates of which have not arrived, shall enter into force on the enforcement date of the relevant Act, respectively. Articles 2 through 6 Omitted.
ADDENDA <Act No. 18471, Oct. 8, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force on January 13, 2022: Provided, That the amended provision of Article 19 (5) shall enter into force on the date of its promulgation. Article 2 (Transitional Measures concerning Education and Training of Public Officials under the Jurisdiction of Chairpersons of Local Councils)
An act done by or in relation to the head of a local government with regard to education and training for a local public official under the jurisdiction of the chairperson of a local council under the previous provisions as at the time this Act enters into force shall be deemed an act done by or in relation to the chairperson of a local council under this Act.
Article 3 (Transitional Measures concerning Master Plan for Education and Training)
A master plan for education and training and an annual implementation plan formulated by the head of a local government under the previous provisions of Article 5 as at the time this Act enters into force shall be deemed a master plan for education and training and an annual implementation plan respectively formulated by the head of the local government and the chairperson of the local council on education and training of the local public officials under their jurisdiction until the chairperson of the local council formulates a master plan for education and training and an annual implementation plan.