CHAPTER I GENERAL PROVISIONS
The purpose of these Regulations is to streamline personnel management by establishing procedures, etc. relating to personnel statistical reports, personnel records, and the handling of personnel affairs of State public officials in the executive branch pursuant to Articles 18 and 19 of the State Public Officials Act. <Amended on Dec. 12, 2023> [This Article Wholly Amended on Nov. 22, 2016]
| Article 2 (Scope of Application) |
Except as otherwise provided in other statutes or regulations, matters relating to personnel statistical reports, personnel records, handling of personnel affairs, etc. of State public officials in the executive branch (hereinafter referred to as "public officials") shall be governed by these Regulations. <Amended on Dec. 12, 2023>
[This Article Wholly Amended on Nov. 22, 2016]
CHAPTER II PERSONNEL RECORDS
| Article 3 (Types of personnel records) |
The personnel records of public officials shall be classified into personnel records and personnel management documents for each individual.
[This Article Wholly Amended on Mar. 12, 2009]
| Article 4 (Personnel records for each individual) |
| (1) | The types of personnel records for each individual shall be as follows: <Amended on Jun. 11, 2013; Dec. 4, 2013; Nov. 22, 2016; Nov. 29, 2016; Nov. 29, 2016; Jan. 5, 2021; Mar. 30, 2021; Dec. 5, 2023; Dec. 26, 2023> |
| 1. | Personnel and performance records; |
| 3. | Documents verifying grounds for disqualification from appointment; |
| 3-2. | Deleted; <Dec. 26, 2023> |
| 4. | Background check replies (limited to where a background check has been conducted under Article 36 of the Regulations on Security Work; |
| 5. | Abstracts of the certificate of military service (applicable only to those subject to preliminary military service and supplementary service with uncompleted military service (referring to supplementary service personnel who have not completed military service) or abstracts of the resident registration card; |
| 6. | Copies of the certificate of final education or certificate of education (limited to copies verified by the competent Minister; hereinafter the same shall apply); |
| 7. | Documents certifying licenses or qualifications; |
| 9. | Reference check replies for public officials; |
| 10. | Basic certificates of the family relations register; |
| 11. | Applications for registration as candidates for appointment; |
| 12. | Medical examination reports for employment under the Regulations on Medical Examinations for Employment of Public Officials or documents issued by the National Health Insurance Service to be used as a substitute for the medical examination by utilizing the results of a general health checkup under Article 52 (2) 1 of the National Health Insurance Act; |
| 14. | Other records regarding personnel affairs deemed necessary by the appointing authority or appointment-recommendation authority. |
| (2) | The appointing authority, appointment-recommendation authority, or the head of an examination-administering agency may, if necessary, obtain relevant information from the relevant central administrative agency (as defined in Article 2 (2) of the Government Organization Act; hereinafter the same shall apply) such as government agency related to military affairs and its affiliated agencies to identify and verify information regarding military service, disability status, and veterans affairs. <Amended on Jun. 11, 2013> |
[This Article Wholly Amended on Mar. 12, 2009]
[The amended provisions of Article 4 (1) 3 of the Presidential Decree No. 24891 (Dec. 4, 2013) shall remain effective until June 30, 2018 pursuant to Article 2 of the Addenda to that Act]
| Article 5 (Personnel management documents) |
| (1) | The types of personnel management documents shall be as follows: |
| 1. | Statutes, regulations, or established rules related to personnel affairs; |
| 2. | Register of appointments; |
| 3. | Documents relating to recruitment examinations; |
| 4. | Documents relating to recruitments; |
| 5. | List of candidates for appointments; |
| 6. | Documents relating to transfer and the register of persons restricted from transfer; |
| 7. | Documents relating to concurrent office-holding and dispatched service; |
| 8. | Documents relating to reassignment and reassignment examinations; |
| 9. | Documents relating to work performance ratings; |
| 10. | Documents relating to career evaluations; |
| 11. | Documents related to the evaluation of additional points; |
| 12. | List of promotion candidates; |
| 13. | Documents relating to promotion examinations; |
| 14. | Documents relating to promotions and appointments, the register of promotion candidates earning additional points, the register of persons restricted from promotion, and the register of persons whose general promotion examination application eligibility is suspended; |
| 15. | Documents relating to demotion; |
| 16. | Register of salary increases and documents relating to the calculation of salary and salary grades; |
| 17. | Documents relating to the payment of various allowances; |
| 18. | Education and training registers and documents related to education and training; |
| 19. | Documents relating to rewards; |
| 20. | Documents relating to service, including business trips and leave; |
| 21. | Documents relating to the current status of union membership; |
| 22. | Documents relating to removal from office; |
| 23. | Documents relating to leave of absence; |
| 24. | Documents relating to release from position and reinstatement; |
| 25. | Register of those subject to disciplinary actions and documents relating to such action; |
| 26. | Documents relating to appeals; |
| 27. | Documents relating to pensions; |
| 28. | Deleted; <Jul. 4, 2011> |
| 29. | Documents relating to the management of the prescribed and current number of personnel; |
| 30. | Documents relating to personnel statistics; |
| 31. | Documents relating to the issuance of various certificates; |
| 32. | Other documents deemed necessary by the appointing authority or appointment-recommendation authority. |
| (2) | If deemed necessary, personnel management documents referred to in the subparagraphs of paragraph (1) may be combined and managed together. |
[This Article Wholly Amended on Mar. 12, 2009]
| Article 6 (Preparation, maintenance, and storage of personnel records) |
| (1) | The appointing authority shall prepare, maintain, and store (including preservation; hereinafter the same shall apply) personnel records under Articles 4 and 5 for public officials under his or her jurisdiction. In such cases, the appointing authority refers to a person authorized to newly employ public officials of Grade VI or lower or those in equivalent positions in cases of public officials of such grade or equivalent thereto, and in cases of public officials of Grade V or higher or those in equivalent positions (including members of the Senior Executive Service; hereinafter the same shall apply), the appointing authority or appointment-recommendation authority. <Amended on Dec. 4, 2013> |
| (2) | A public official of Grade V or higher who is not authorized to appoint a public official, or the head of an institution who is a public official of equivalent grade may prepare, maintain, and store copies of the personnel records referred to in paragraph (1), if deemed necessary for personnel management. |
| (3) | The Minister of Personnel Management shall electronically manage the personnel records of public officials of Grade V or higher and those in equivalent positions through the Personnel Policy Support System defined in subparagraph 4 of Article 2 of the Regulations on Digital Personnel Management (hereinafter referred to as "Personnel Policy Support System"). <Amended on Mar. 23, 2013; Nov. 19, 2014; Nov. 22, 2016; Dec. 12, 2023> |
[This Article Wholly Amended on Mar. 12, 2009]
| Article 6-2 (Electronic management of personnel records) |
| (1) | Notwithstanding Article 6 (1), the appointing authority or appointment-recommendation authority may prepare, maintain, and store personnel records referred to in Articles 4 and 5 for public officials under his or her jurisdiction through the Personnel Policy Support System; provided, the personnel and performance records referred to in Article 4 (1) 1 shall be recorded, maintained, and stored using the Personnel Policy Support System. |
| (2) | The preparation, maintenance, and storage of the personnel records through the Personnel Policy Support System under paragraph (1) shall be deemed the preparation, maintenance, and storage of personnel records under Article 6 (1). <Amended on Nov. 22, 2016> |
| (3) | To ensure the accuracy, up-to-dateness, etc. of information related to the personnel records prepared, maintained, and stored pursuant to paragraph (1), the appointing authority or appointment-recommendation authority may obtain the relevant information managed by the relevant central administrative agencies and their affiliated agencies in electronic file format for use. <Added on Jun. 11, 2013> |
| (4) | Matters relating to the methods, procedures, etc. for preparing, maintaining, and storing personnel records pursuant to paragraph (1) through the Personnel Policy Support System shall be determined by the Minister of Personnel Management. <Amended on Mar. 23, 2013; Jun. 11, 2013; Nov. 19, 2014> |
[This Article Wholly Amended on Mar. 12, 2009]
| Article 7 (Methods of storing personnel records) |
| (1) | Authentic copies of personnel records for each public official shall be stored by the appointing authority during the official’s tenure, and, after his or her retirement, they shall be retained by the appointing authority at the time of retirement. In such cases, the appointing authority refers to the appointing authority under the latter part of Article 6 (1). |
| (2) | Personnel records for each individual (excluding personnel data defined in subparagraph 5 of Article 2 of the Regulations on Digital Personnel Management which are prepared, maintained, and stored through the Personnel Policy Support System) shall be placed in a personnel record envelope for storage. <Amended on Dec. 12, 2023> |
[This Article Wholly Amended on Mar. 12, 2009]
| Article 8 (Arrangement and modification of personnel and performance records) |
| (1) | When a public official is newly employed, promoted, reassigned, transferred, demoted, dismissed, or disciplined, or takes leave of absence, is released from position or reinstated, receives training at home and abroad, takes business trips overseas, concurrently holds 2 or more positions, is dispatched, acts on behalf of another public official, is promoted or transferred to or from another office, or receives rewards (including rewards received by a retired public official during his or her term of office), the competent Minister (as defined in subparagraph 3 of Article 2 of the Decree on the Appointment of Public Officials; hereinafter the same shall apply) shall record such fact in the appointment and dismissal columns in the personnel management and performance records of the relevant public official. <Amended on Jun. 11, 2013; Dec. 26, 2023> |
| (2) | The competent Minister shall reflect and record the performance of major duties, evaluation opinions from superiors on such performance, the results of each agency-level policy evaluation and audit, in the personnel and performance records of the relevant public officials, as determined by the Minister of Personnel Management and Innovation. <Amended on Mar. 23, 2013; Nov. 19, 2014> |
| (3) | A public official may inspect his or her personnel and performance records occasionally to confirm or correct any errors or omissions in the personnel records or changes in personal information. In such cases, matters relating to the methods and procedures for inspection, application for correction, etc. shall be determined by the head of a records storage institution. |
| (4) | If a public official has good reason to correct, modify, or add to, the personnel and performance records he or she has inspected pursuant to paragraph (3), he or she shall submit an application for modification of personnel records to the head of the relevant records storage institution, along with supporting documents. |
| (5) | The competent Minister shall verify and inspect at least once a month whether any correction or modification of, or addition to, the personnel and performance records of public officials are properly recorded. |
[This Article Wholly Amended on Mar. 12, 2009]
| Article 8-2 (Notification of performance evaluation results) |
The head of an institution that produces information regarding the performance or policy evaluation, audit results, etc. of a public official shall notify the head of the institution to which the relevant public official belongs of such information.
[This Article Wholly Amended on Mar. 12, 2009]
| Article 8-3 Deleted. <Dec. 6, 2011> |
| Article 9 (Erasure of records of dispositions such as disciplinary actions) |
| (1) | If a public official subjected to disciplinary action falls under any of the following cases, the appointing authority or appointment-recommendation authority shall erase the records of disciplinary action from the personnel and performance records of such public official pursuant to Article 8 (1): |
| 1. | Where the following periods have elapsed since the completion of the execution of a disciplinary action; provided, where the person becomes subject to another disciplinary action during the following periods, the aggregate period for all disciplinary actions shall have elapsed: |
| (b) | Suspension from office: 7 years; |
| (c) | Salary reduction: 5 years; |
| 2. | Where a decision or judgment nullifying or revoking a disciplinary action by an appeals review committee or court becomes final and conclusive; |
| 3. | Where a general amnesty is granted for disciplinary action. |
| (2) | If a public official subjected to a release from position falls under any of the following cases, the appointing authority or appointment-recommendation authority shall erase the records of release from the personnel and performance records of such public official pursuant to Article 8 (1): |
| 1. | Where 2 years have elapsed since the termination of the release from position; provided, if the public official becomes subject to another release from position before 2 years have elapsed since the termination of the execution of the disposition, an additional 2 years shall have elapsed for each subsequent disposition; |
| 2. | Where a decision or judgment nullifying or revoking release from position by an appeals review committee or court becomes final and conclusive. |
| (3) | The erasure of records under paragraphs (1) and (2) shall be indicated in the corresponding disposition record column in the personnel and performance records; provided, in cases falling under paragraphs (1) 2 or (2) 2 and if the public official was not subjected to disciplinary action or release from position prior to the occurrence of the relevant reason, the relevant column in the personnel and performance records shall be deleted so that no such record shall remain. |
| (4) | The methods and procedures for disciplinary actions and release from position, and other necessary matters shall be determined by the Minister of Personnel Management. <Amended on Mar. 23, 2013; Nov. 19, 2014> |
[This Article Wholly Amended on Mar. 12, 2009]
| Article 10 (Transfer of personnel records for each individual) |
| (1) | If the appointing authority for a public official changes due to promotion, demotion, or transfer to or from another agency, the former appointing authority shall, without delay, transfer an authentic copy of the personnel records of the public official, along with documents or files relating to the evaluation of service grades, career, and additional points, to the new appointing authority after such reason occurs. <Amended on Mar. 30, 2021> |
| (2) | In the event of reappointment of a retired public official, the appointing authority shall request the former appointing authority holding personnel records for each individual to transfer the personnel data defined in subparagraph 5 of Article 2 of the Regulations on Digital Personnel Management prepared through the Personnel Policy Support System of the relevant public official, and upon receiving such request from the new appointing authority, the former appointing authority shall immediately transfer the requested data. <Amended on Mar. 30, 2021; Dec. 12, 2023> |
| (3) | The appointing authority referred to in paragraphs (1) and (2) refers to a person authorized to appoint a public official of Grade VI or lower or a public official in equivalent positions in the case of a public official of such grade or corresponding official, or the appointing authority or appointment-recommendation authority in the case of a public official of grade V or a public official equivalent thereto. <Amended on Dec. 4, 2013> |
[This Article Wholly Amended on Mar. 12, 2009]
| Article 11 (Reference check) |
| (1) | Before making or recommending an appointment, the appointing authority or appointment-recommendation authority shall verify whether the person has career experience as a public official by inquiring with the Public Officials Pension Service; provided, if it is evident that the candidate has no prior experience as a public official given his or her age, etc. or if his or her career experience as a public official is confirmed through a certificate of career experience, etc., this inquiry may be omitted. <Added on Dec. 4, 2013> |
| (2) | Before appointing a person who has career experience as a public official or as an employee of a public institution under Article 4 of the Act on the Management of Public Institutions, the appointing authority or appointment-recommendation authority shall conduct a background check, including the written reference check submitted to the head of the institution where he or she was previously employed. <Amended on Dec. 4, 2013> |
| (3) | Upon receiving the request for a reference check pursuant to paragraph (2), the head of an institution shall prepare a reference check reply for public officials and notify the appointing authority or the appointment-recommendation authority the results within 15 days. <Amended on Dec. 4, 2013; Mar. 30, 2021> |
| (4) | Notwithstanding the main clause of paragraph (1), and paragraph (2), the head of an examination-administering institution may conduct inquiries into his or her career, or perform a reference check, if deemed necessary for conducting a recruitment examination for public officials. <Added on Dec. 4, 2013> |
[This Article Wholly Amended on Mar. 12, 2009]
| Article 12 (Written oath) |
| (1) | The appointing authority or appointment-recommendation authority shall require a public official who has taken an oath to sign and affix his or her signature and seal to 2 copies of the written oath specified in Appendix 1, prepared in accordance with the specifications of Appendix 2, and keep 1 copy classified as personnel records for each individual under Article 4, and keep 1 copy in his or her possession. |
| (2) | Deleted. <Jul. 15, 2010> |
[This Article Wholly Amended on Mar. 12, 2009]
CHAPTER III APPOINTMENTS AND PERSONNEL APPOINTMENTS
| Article 13 (Request for examination and required documents) |
| (1) | When the appointing authority or appointment-recommendation authority requests the head of the examination-administering agency to conduct a career-based competitive recruitment examination, etc. for public officials (referring to the recruitment examination under the main clause and the proviso, with the exception of the subparagraphs, of Article 28 (2) of the Act; hereinafter the same shall apply), such request shall be made in writing. <Amended on Nov. 1, 2011> |
| (2) | When the appointing authority or the appointment-recommendation authority requests the head of the examination-administering agency to conduct an examination for a general promotion or reassignment, the request shall be made by filling out a request form for a general promotion examination and reassignment examination for public officials. |
| (3) | Documents required for requesting the examination under paragraphs (1) and (2) shall be as specified in Appendix 3. |
| (4) | When requesting an examination pursuant to paragraph (1) or (2), the appointing authority, appointment-recommendation authority, or the head of the examination-administering agency shall verify a certified copy of the resident registration card, including the military service records of the relevant person, through administrative data matching under Article 36 (1) of the Electronic Government Act; provided, if the relevant person does not consent to such verification, he or she shall be required to submit the relevant document. <Amended on May. 4, 2010> |
[This Article Wholly Amended on Mar. 12, 2009]
| Article 14 (Recommendation of candidates for appointment) |
| (1) | When the head of an examination-administering agency recommends a candidate for appointment or promotion (hereinafter referred to as "candidate for appointment") who is on a list of candidates for appointment or promotion (hereinafter referred to as "list of candidates for appointment") who have passed an open competitive recruitment examination or promotion examination, he or she shall make such recommendation by submitting a letter of recommendation for candidates for appointment as public officials accompanied by a list of candidates for appointment as public officials. |
| (2) | Upon appointing a person recommended pursuant to paragraph (1), such fact shall be notified without delay to the head of the examination-administering agency. |
[This Article Wholly Amended on Mar. 12, 2009]
| Article 15 (Documents required for personnel appointment) |
| (1) | The documents to be submitted when appointing or recommending the appointment of a public official shall be as specified in Appendix 4; provided, if the head of an examination-administering agency and the appointing authority are the same, the documents submitted at the time of requesting the examination may not be submitted. |
| (2) | The documents referred to in paragraph (1) shall be submitted in their original form, and when a copy is attached for any special reason, it shall be compared with the original. In such cases, the comparison shall be conducted by the competent Minister, and the copy shall include his or her position, name, and the date of comparison, and his or her signature or seal shall be affixed to the copy. |
| (3) | When appointing or recommending the appointment as a public official of a person who has served as a local public official or another type of public official without interruption of his or her status, or when appointing a person working as an intern under Article 26-4 (1) of the Act as a public official, only personnel and performance records may be submitted from among the documents required for the recruitment of new employees specified in Appendix 4. In such cases, the personnel and performance records shall be prepared thoroughly and confirmed by the preparer. <Amended on Jun. 11, 2013; Sep. 25, 2015> |
| (4) | In appointing or recommending the appointment of a public official pursuant to paragraphs (1) through (3), the appointing authority or appointment-recommending authority shall verify an abstract of the resident registration card or a transcript of the military register, including military service records of the person subject to appointment, through administrative data matching under Article 36 (1) of the Electronic Government Act; provided, if the person subject to appointment does not consent to such verification, he or she shall be required to submit the relevant document. <Amended on Nov. 2, 2010> |
[This Article Wholly Amended on Mar. 12, 2009]
| Article 16 (Appointment and appointment recommendation) |
| (1) | An appointment of a public official shall be made with an appointment survey report attached to an appointment letter for a public official, and a recommendation for the appointment of a public official shall be made with a written appointment recommendation attached; provided, the appointment recommendation shall be reported by the appointment-recommendation agency in the form of an appointment recommendation report for public officials. |
| (2) | The appointment of a public official recommended under paragraph (1) reported to the President shall be deemed a proposal for personnel appointment. |
| (3) | When appointing a person, whose education and training is to be counted toward the period of probationary appointment pursuant to Article 25 (1) of the Decree on the Appointment of Public Officials, the appointment letter for a public official shall be accompanied by a calculation table of the shortened probationary appointment period for a public official. |
[This Article Wholly Amended on Mar. 12, 2009]
| Article 19 (Attachment of principal’s consent to appointment) |
Any of the following appointments shall be accompanied by a written consent of the principal:
| 1. | When a state public official in general service is appointed as a local public official in general service; |
| 2. | When a public official in general service in a non-fixed-term position is transferred to a fixed-term position (limited to where he or she becomes a public official in a fixed-term position because he or she is transferred to such position); |
| 3. | When a public official in general service who is not a professional career official is reassigned to such position. |
[This Article Wholly Amended on Dec. 4, 2013]
| Article 20 (Review of suitability for appointment) |
| (1) | Upon receiving a written request for examination under Article 13, the head of the examination-administering agency shall review whether the documents prescribed in that Article are prepared, the status of vacancies, and the qualifications and suitability for appointment, and notify the head of an agency requesting the examination of the results of such review within 7 days of receiving the request for examination. |
| (2) | Upon receiving documents relating to appointment or recommendation for appointment under Article 16, the appointing authority shall review whether the documents prescribed in Article 15 are prepared, the status of vacancies, and the qualifications and suitability for the appointment within 7 days of receiving these documents. |
[This Article Wholly Amended on Mar. 12, 2009]
| Article 20-2 (Verification of grounds for ipso facto retirement) |
| (1) | When promoting a public official under the appointing or appointment-recommendation authority’s jurisdiction (including promotion to a foreign service official), the authority shall verify whether the official meets the grounds for disqualification from appointment under Article 33 of the Act and ipso facto retirement under Article 69 of the Act; provided, in the case of a professional career official, a public official in special service, or in extraordinary civil service, etc. who is not subject to promotion, he or she shall verify his or her eligibility every 5 years from the date of employment. <Amended on Dec. 4, 2013> |
| (2) | Matters necessary for the timing of, and procedures for, verification of grounds for disqualification from appointment and grounds for ipso facto retirement under paragraph (1) shall be determined by the Minister of Personnel Management. <Amended on Mar. 23, 2013; Nov. 19, 2014> |
[This Article Added on Mar. 12, 2009]
| Article 20-3 (Verification of multiple nationalities) |
The appointing authority or appointment-recommendation authority intending to appoint a public official in the field of duties under Article 4 (2) of the Decree on the Appointment of Public Officials, shall verify whether the person to be appointed has multiple nationalities, which would restrict his or her eligibility for appointment under that paragraph. [This Article Added on Sep. 6, 2011]
| Article 21 (Return and supplementation of documents) |
If any deficiencies are identified during the review of the written request for examination, documents relating to appointment, or appointment recommendation under Article 20, the relevant documents shall be returned or supplementation of the documents shall be requested, with deficiencies clearly specified immediately. [This Article Wholly Amended on Mar. 12, 2009]
| Article 22 (Comparison table of prescribed and current number of personnel) |
To identify the prescribed and current number of public officials under the appointing or appointment-recommendation authority’s jurisdiction, the authority shall prepare and retain a comparison table of the prescribed and current number of personnel as of the last day of each month. In such cases, a unit of preparation in the comparison table shall be the unit of preparation in the allocation table of the prescribed number of personnel under Article 27 (4) of the Common Rules of the Organization and the Prescribed Number of Personnel of Administrative Agencies. <Amended on Nov. 22, 2016> [This Article Wholly Amended on Mar. 12, 2009]
| Article 23 (Prior approval of transfer) |
[This Article Wholly Amended on Mar. 12, 2009]
| Article 24 (Consultation on dispatch service and filling of vacancies) |
[This Article Wholly Amended on Mar. 12, 2009]
| Article 25 (Appointment certificate or appointment letter) |
| (1) | The appointing authority shall award an appointment certificate or an appointment letter to a public official newly employed or promoted as a regular public official. In such cases, the head of the agency to which he or she belongs may award such certificate or letter on behalf of the appointing authority, and if necessary for efficient personnel appointment, a notice of personnel appointment may be delivered in lieu of awarding the certificate or letter. <Amended on Dec. 4, 2013> |
| (2) | The seal of the appointing authority shall be affixed on the appointment certificate or appointment letter. In such cases, the State seal shall be affixed together with the appointment certificate of a public official appointed by the President. <Amended on Nov. 2, 2009> |
| (3) | Notwithstanding the former part of paragraph (2), an appointment certificate of a public official whom the President has delegated authority to appoint to the Minister under Article 32 (3) of the State Public Officials Act shall be affixed with the seals of the President and the State in lieu of that of the appointing authority. <Added on Nov. 2, 2009; Mar. 30, 2021> |
[This Article Wholly Amended on Mar. 12, 2009]
| Article 26 (Notice of personnel appointment) |
| (1) | The head of an affiliated agency shall give a notice of personnel appointment to a public official who is employed as a probationary appointee or is reassigned, transferred (including transfer between agencies), demoted, dismissed, disciplined, released from position, takes leave of absence, is reinstated, or whose salary class is recalculated, or whose salary grade is increased, is appointed, commissioned, or decommissioned as a committee member; provided, in the case of a transfer, an appointment certificate or letter may be awarded, if particularly necessary for personnel management. <Amended on Dec. 4, 2013> |
| (2) | A notice of personnel appointment under paragraph (1) concerning the demotion, dismissal, release from position, or leave of absence shall be accompanied by an explanation of the grounds for disposition determined by the Minister of Personnel Management and Innovation; provided, this shall not apply to the case of demotion, dismissal, or leave of absence at the request of the person himself or herself. <Added on Dec. 26, 2023> |
| (3) | The head of an agency may issue orders to receive training at home and abroad, to take domestic and overseas business trips, or to take leave of absence to public officials under his or her jurisdiction in the form of a reply. <Amended on Dec. 26, 2023> |
[This Article Wholly Amended on Mar. 12, 2009]
| Article 27 (Register of appointment) |
| (1) | The appointing authority or appointment-recommendation authority shall keep and retain a register of appointment to record matters relating to the personnel appointment of public officials under his or her jurisdiction; provided, the records regarding appointment with an increase in salary grade may be omitted only when a large number of personnel are appointed. |
| (2) | If deemed necessary, the register of appointment under paragraph (1) may be categorized by rank or appointment for storage. |
| (3) | If the appointing authority is the President, the appointment register prepared by the Minister of Personnel Management may be substituted by a proposal for personnel appointment. <Amended on Mar. 23, 2013; Nov. 19, 2014> |
[This Article Wholly Amended on Mar. 12, 2009]
CHAPTER IV REPORTING ON PERSONNEL RELATIONS
| Article 28 (Personnel reporting) |
If any ground for new employment, promotion, reassignment, transfer, demotion, dismissal, increase in salary grade, domestic training, overseas training, overseas business trips, rewards, death, disciplinary disposition, release from position, leave of absence, reinstatement, concurrent office-holding, dispatch, transfer to or from another agency, etc. occurs to public officials of Grade V or higher or those in equivalent positions under his or her jurisdiction, such ground shall be notified to the Minister of Personnel Management through the Personnel Policy Support System within 7 days from the date of appointment or the date of occurrence of such reason (in cases of members of the Senior Executive Service, the date of appointment or the date of occurrence of reasons therefor): <Amended on Mar. 23, 2013; Nov. 19, 2014>
[This Article Wholly Amended on Mar. 12, 2009]
| Article 29 (Publication in the Official Gazette) |
| (1) | A request shall be made to the Minister of Interior and Safety to publish matters relating to personnel appointment, such as new employment, promotion, reassignment, transfer between institutions, transfer to or from another institution, mandatory retirement, honorary retirement, and conferment of posthumous honors, of public officials of Grade V or higher and officials in equivalent positions, in the Official Gazette upon appointment or such information shall be posted on the promotional media of the relevant agency such as on its Website. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Mar. 30, 2021> |
| (2) | The scope of personnel appointment-related matters subject to publication and posting under paragraph (1) may be adjusted for each agency in consideration of its characteristics, etc. <Added on Mar. 30, 2021> |
[This Article Wholly Amended on Mar. 12, 2009]
[Title Amended on Mar. 30, 2021]
| Article 30 (Notice of personnel appointment) |
The appointing authority or appointment-recommendation authority making a personnel appointment of a public official, shall notify the head of the relevant Ministry or agency of the personnel appointment simultaneously with the appointment.
[This Article Wholly Amended on Mar. 12, 2009]
| Article 31 (Submission via competent minister) |
Documents to be submitted by the head of an agency delegated with the power of appointment to the Minister of Personnel Management pursuant to this Decree shall go through the competent Minister. <Amended on Mar. 23, 2013; Nov. 19, 2014>
[This Article Wholly Amended on Mar. 12, 2009]
| Article 32 (Issuance of certificates) |
| (1) | When a public official currently in office requests the issuance of a certificate of employment or a certificate of leave of absence, the head of an agency headed by a public official of Grade V or higher or a public official of equivalent grade shall issue such certificate based on the personnel and performance records under Article 4. <Amended on Dec. 26, 2023> |
| (2) | When a public official currently in office or a retired public official (including those who can prove that they are the deceased public officials’ spouses, lineal blood relatives, brothers, siblings, etc. via the family relation certificate, etc.) requests the issuance of a career certificate, the appointing authority (referring to the appointing authority under the latter part of Article 6 (1)) shall issue a career certificate based on the personnel and performance records under Article 4. <Amended on Mar. 30, 2021> |
[This Article Wholly Amended on Mar. 12, 2009]
| Article 33 (Classification of personnel statistical reporting) |
| (1) | Statistical reporting on personnel affairs of public officials under Article 18 of the Act shall be classified into regular reports and occasional reports. |
| (2) | Statistics on the current number of public officials, on the appointment of public officials, and on misconduct for each type of disciplinary action against public officials shall be reported regularly. |
| (3) | The base date for preparing a regular report under paragraph (2) shall be December 31 of each year. |
| (4) | In addition to the regular report under paragraph (2), the Minister of Personnel Management shall, if deemed necessary for the formulation, etc. of a long-term plan for the personnel management of public officials or the improvement of their welfare, shall determine the types of statistics, the scope of their application, the reporting period and the form, etc. and report them whenever necessary. <Amended on Mar. 23, 2013; Nov. 19, 2014> |
[This Article Added on Mar. 12, 2009]
[Article 33 moved to Article 38 <Mar. 12, 2009>]
| Article 34 (Phases of statistical reporting) |
| (1) | Regular reports on the statistics of the relevant year shall be prepared by each administrative agency at each level that prepares, maintain, and store personnel records of public officials pursuant to Article 6 by January 10 of the following year, and shall be sequentially compiled by the higher-level agencies and reported to the competent Minister defined in subparagraph 3 of Article 2 of the Decree on the Appointment of Public Officials. <Amended on Sep. 8, 2009> |
| (2) | The competent Minister under paragraph 1 shall submit a regular report on the statistics of the previous year to the Minister of Personnel Management by January 31; provided, regular reports on statistics on members of armed forces and military service officials among public officials in special service shall not be submitted unless requested by the Minister. <Amended on Mar. 23, 2013; Nov. 19, 2014> |
[This Article Added on Mar. 12, 2009]
| Article 35 (Methods of preparing and submitting statistics) |
The statistics referred to in Article 33 (2) shall be prepared in accordance with a computer program and submitted through the Personnel Policy Support System or computer network. [This Article Added on Mar. 12, 2009]
| Article 36 (Statistical survey of all public officials) |
If deemed necessary, the Minister of Personnel Management may formulate a plan to conduct a total survey of public officials and survey the personnel matters of each public official. <Amended on Mar. 23, 2013; Act Nov. 19, 2014>
[This Article Added on Mar. 12, 2009]
| Article 37 (Cooperation in statistical surveys) |
The Minister of Personnel Management may be briefed on personnel statistics on local public officials with the help of the head of a local government or the chairperson of a local council. <Amended on Mar. 23, 2013; Nov. 19, 2014; Nov. 30, 2021>
[This Article Added on Mar. 12, 2009]
| Article 37-2 Deleted. <Dec. 12, 2023> |
| Article 37-3 Deleted. <Dec. 12, 2023> |
| Article 37-4 Deleted. <Dec. 12, 2023> |
| Article 37-5 Deleted. <Dec. 12, 2023> |
| Article 37-6 Deleted. <Dec. 12, 2023> |
| Article 37-7 Deleted. <Dec. 12, 2023> |
| Article 37-8 Deleted. <Dec. 12, 2023> |
CHAPTER V SUPPLEMENTARY PROVISIONS
The Minister of Personnel Management shall separately determine various forms relating to the personnel records, personnel statistical reports, and personnel affairs processing for public officials.
[This Article Wholly Amended on Dec. 12, 2023]
| Article 39 (Processing of sensitive information and personally identifiable information) |
The appointing authority, appointment-recommendation authority, or the head of an examination-administering agency may process data containing information on health under Article 23 of the Personal Information Protection Act, information constituting criminal history records under subparagraph 2 of Article 18 of the Enforcement Decree of that Act, and data containing resident registration numbers, driver’s license numbers, or alien registration numbers under subparagraph 1, 3, or 4 of Article 19 of that Enforcement Decree, if essential to confirm the qualifications and requirements necessary to prepare, maintain, change, and store personnel records under this Decree and to handle other personnel affairs. [This Article Wholly Amended on Dec. 26, 2023]
ADDENDUM <Presidential Decree No. 18423, Jun. 11, 2004>
This Decree shall enter into force on June 12, 2004.
ADDENDA <Presidential Decree No. 18718, Feb. 25, 2005>
| (1) | (Enforcement date) This Decree shall enter into force on the date of its promulgation; provided, the amended provisions of Article 8 (2) shall enter into force on July, 1, 2005. |
ADDENDUM <Presidential Decree No. 19507, Jun. 12, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19518, Jun. 12, 2006>
| (1) | (Enforcement date) This Decree shall enter into force on the date of its promulgation; provided, matters related to members of the Senior Executive Service shall enter into force on July, 1, 2006. |
| (2) | (Transitional measures following introduction and operation of Personnel Policy Support System) A central administrative agency that has yet to introduce the Personnel Policy Support System (PPSS) as at the time this Decree enters into force may manage personnel records and file personnel reports pursuant to the previous provisions until it introduces and operates the system. |
ADDENDA <Presidential Decree No. 19885, Feb. 12, 2007>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional measures concerning preparation, maintenance, and storage of personnel and performance records of public officials)
Notwithstanding the amended provisions of Article 6-2 (1), personnel and performance records may be prepared, maintained, and stored pursuant to the previous provisions until December 31, 2007. Article 4 (Relationship to other statutes or regulations)
If the previous personnel records and performance management cards of public officials or copies thereof are cited in other statutes or regulations as at the time this Decree enters into force, they shall be deemed to have cited the personnel and performance records of public officials under this Decree or the printed output thereof.
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.)
ADDENDA <Presidential Decree No. 21344, Mar. 12, 2009>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, the amended provisions of Articles 9 (1) and 20-2 shall enter into force on April 1, 2009. Article 2 (Repeal of other statutes or regulations)
The Regulations on Personnel Statistics Reporting of Public Officials shall be repealed.
ADDENDA <Presidential Decree No. 21717, Sep. 8, 2009>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 21800, Nov. 2, 2009>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on May 5, 2010.
ADDENDA <Presidential Decree No. 22274, Jul. 15, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23015, Jul. 4, 2011>
Article 1 (Enforcement date)
This Decree shall enter into force on August 24, 2011.
ADDENDUM <Presidential Decree No. 23119, Sep. 6, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23277, Nov. 1, 2011>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 2012. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 23348, Dec. 6, 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, the amendments to the Presidential Decrees, which were promulgated before this Decree enters into force but enforcement dates of which have yet to arrive, from among the Presidential Decrees amended under Article 6 of the Addenda, shall enter into force on their respective enforcement dates.
ADDENDUM <Presidential Decree No. 24584, Jun. 11, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24891, Dec. 4, 2013>
Article 1 (Enforcement date)
This Decree shall enter into force on December 12, 2013.
Article 2 (Validity period)
In the amended provisions of Article 4 (1) 3 and Appendix 4, matters relating to the declaration of incompetency or quasi-incompetency shall remain effective until June 30, 2018. Article 3 (Applicability to change of deadline for notification of reference check reports)
The amended provisions of Article 11 (3) shall begin to apply where a request for a reference check is made after this Decree enters into force.
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, the amendments to the Presidential Decrees, which were promulgated before this Decree enters into force but enforcement dates of which have yet to arrive, from among the Presidential Decrees amended under Article 5 of the Addenda, shall enter into force on their respective enforcement dates.
ADDENDA <Presidential Decree No. 26566, Sep. 25, 2015>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso 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.
Article 2 (Repeal of other statutes or regulations)
The Regulations on the Establishment and Operation of Personnel Policy Support System shall be repealed.
Article 4 (Relationship to other statutes or regulations)
If the previous Regulations on the Establishment and Operation of Personnel Policy Support System or the provisions thereof are cited in other statutes or regulations as at the time this Decree enters into force, this Decree or the relevant provisions of this Decree shall be deemed cited in lieu of the previous Regulations on the Establishment and Operation of Personnel Policy Support System or the provisions thereof, if provisions corresponding thereto exist in this Decree.
ADDENDA <Presidential Decree No. 27620, Nov. 29, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on November 30, 2016.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, the amendments to the Presidential Decrees, which were promulgated before this Decree enters into force but enforcement dates of which have yet to arrive, from among the Presidential Decrees amended under Article 8 of the Addenda, shall enter into force on their respective enforcement dates.
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, ... <omitted> ... Article 7 of the Addenda shall enter into force on January 1, 2021.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 31591, Mar. 30, 2021>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 32172, Nov. 30, 2021>
Article 1 (Enforcement date)
This Decree shall enter into force on January 13, 2022. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 33910, Dec. 5, 2023>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 33962, Dec. 12, 2023>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 2024.
ADDENDUM <Presidential Decree No. 34057, Dec. 26, 2023>
This Decree shall enter into force on the date of its promulgation.