The purpose of this Decree is to prescribe matters relating to medical examinations for the employment of State public officials to assess their physical ability to fulfill their duties.
[This Article Wholly Amended on Sep. 29, 2011]
| Article 1-2 (Scope of application) |
Except as otherwise provided in other statutes or regulations, this Decree shall apply to medical examinations for the employment (hereinafter referred to as "medical examination") of State public officials, conducted to assess their physical ability to fulfill the duties.
[This Article Wholly Amended on Sep. 29, 2011]
| Article 2 (Institutions supervising medical examinations) |
A medical examination for the employment of State public officials shall be conducted at an examination institution under Article 3 (1) under the supervision of the appointing authority or the appointment-recommendation authority; provided, if necessary for the efficient medical examination, it may be conducted at an examination institution under Article 3 (1) under the supervision of the head of the agency administering the employment examination. <Amended on Dec. 24, 2019> [This Article Wholly Amended on Sep. 29, 2011]
| Article 3 (Institutions conducting medical examinations) |
| (2) | Deleted. <Dec. 24, 2019> |
| (3) | The head of an institution supervising medical examinations may separately designate the examination institution to conduct the relevant medical examination from among the examination institutions referred to in paragraph (1), if deemed necessary due to the special nature of the intended position for appointment or for medical examination. <Amended on Dec. 24, 2019> |
[This Article Wholly Amended on Sep. 29, 2011]
[Title Amended on Dec. 24, 2019]
| Article 3-2 (Conducting medical examination) |
| (1) | An examination institution shall conduct medical examinations in accordance with a written medical examination for employment specified in Appendix 1, taking into account the type of occupation, etc. for which the applicant is applying, and shall render a determination of either pass or pending decision. In such cases, the institution may refer to a written opinion of the medical specialist specified in Appendix 2 submitted by the applicant in advance in rendering its decision, and if necessary, may issue a request for medical treatment for a follow-up examination. |
| (2) | A person who receives a pending decision under paragraph (1) shall undergo a follow-up medical examination conducted by a medical specialist in the relevant field where the pending decision was rendered in accordance with the written medical examination for employment specified in Appendix 3, and in the follow-up examination, a determination of either pass, fail, or pending decision, shall be made. |
| (3) | The examination institution conducting the initial medical examination and follow-up examination according to paragraphs (1) and (2) may have the applicant complete a questionnaire related to medical examination. |
[This Article Wholly Amended on Dec. 24, 2019]
| Article 4 (Criteria for determining failure) |
The criteria for determining failure in a medical examination shall be as specified in the Appendix; provided, the relevant criteria in a medical examination for public officials with unique duties may be separately established by the competent Minister in consultation with the Minister of Personnel Management. <Amended on Mar. 23, 2013; Act Nov. 19, 2014>
[This Article Wholly Amended on Sep. 29, 2011]
| Article 5 (Prohibition of employment) |
The appointing authority shall not employ a person who fails to pass a medical examination; provided, this shall not apply to any of the following persons deemed capable of performing his or her duties without hindrance: <Amended on Jun. 27, 2012>
| 1. | Soldiers or police officials wounded in action, soldiers or police officials wounded on active duty, persons wounded in the April 19 Revolution, public officials wounded on active duty, and special contributors to national and social development, wounded on active duty under Article 4 (1) 4, 6, 12, 15, and 17, respectively, of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State; |
[This Article Wholly Amended on Sep. 29, 2011]
A person undergoing a medical examination shall pay the actual expenses necessary for the examination as a fee.
[This Article Wholly Amended on Sep. 29, 2011]
| Article 7 Deleted. <Dec. 31, 1998> |
ADDENDUM <Presidential Decree No. 5040, Jun. 15, 1970>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 5201, Jul. 15, 1970>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 7873, Nov. 15, 1975>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 11458, Jun. 30, 1984>
| (1) | (Enforcement date) This Decree shall enter into force on September 1, 1984. |
| (2) | (Transitional measures concerning examinations in progress) The previous provisions shall apply to the medical examination of a person who applies for an examination underway as at the time this Decree enters into force. |
ADDENDA <Presidential Decree No. 12255, Oct. 10, 1987>
| (1) | (Enforcement date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional measures concerning examinations underway) The previous provisions shall apply to the medical examination of a person who applies for an examination that commences before this Decree enters into force. |
ADDENDUM <Presidential Decree No. 13073, Aug. 13, 1990>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 13173, Dec. 1, 1990>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 13404, Jun. 28, 1991>
| (1) | (Enforcement date) This Decree shall enter into force on July 1, 1991. |
ADDENDA <Presidential Decree No. 14446, Dec. 23, 1994>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 14838, Dec. 22, 1995>
| (1) | (Enforcement date) This Decree shall enter into force on January 1, 1996. |
ADDENDA <Presidential Decree No. 15486, Sep. 30, 1997>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 16033, Dec. 31, 1998>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18416, Jun. 11, 2004>
Article 1 (Enforcement date)
This Decree shall enter into force on June 12, 2004.
ADDENDA <Presidential Decree No. 19229, Dec. 30, 2005>
| (1) | (Enforcement date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional measures concerning examinations underway) The previous provisions shall apply to the medical examination of a person who applies for an examination that commences before this Decree enters into force. |
ADDENDA <Presidential Decree No. 19807, Dec. 29, 2006>
| (1) | (Enforcement date) This Decree shall enter into force on January 1, 2007. |
| (2) | (Transitional measures concerning examinations underway) The previous provisions shall apply to the medical examination of a person who has applied for an examination that began before this Decree entered into force and is still underway. |
ADDENDA <Presidential Decree No. 20581, Jan. 31, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on February 4, 2008.
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. 22466, Nov. 2, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to changes in criteria for determining failure)
The amended provisions of the Appendix shall also apply to persons who have yet to undergo a medical examination for employment in the recruitment procedures for State public officials underway as at the time this Decree enters into force, and to those who have already undergone a medical examination for employment and have received a determination of fail or pending decision.
ADDENDUM <Presidential Decree No. 23164, Sep. 29, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23885, Jun. 27, 2012>
Article 1 (Enforcement date)
This Decree shall enter into force on July 1, 2012.
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 promulgated before this Decree enters into force but the dates on which they are to enter into force have yet to arrive among the Presidential Decrees to be amended under Article 6 of Addenda shall enter into force on the dates the relevant Presidential Decrees enter into force, respectively.
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 promulgated before this Decree enters into force but the dates on which they are to enter into force have yet to arrive among the Presidential Decrees to be amended under Article 5 of Addenda shall enter into force on the dates the relevant Presidential Decrees enter into force, respectively.
ADDENDA <Presidential Decree No. 26568, Sep. 25, 2015>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional measures concerning revision of forms)
The forms under the previous provisions as at the time this Decree enters into force may be used together with the forms prescribed by this Decree for 3 months after this Decree enters into force.
ADDENDUM <Presidential Decree No. 28946, Jun. 5, 2018>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 30266, Dec. 24, 2019>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to conducting medical examinations)
This Decree shall also apply to a person undergoing procedures for employment of State public officials as at the time this Decree enters into force and who underwent a medical examination before this Decree entered into force but received a determination of failure or pending decision.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 35038, Dec. 3, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on December 27, 2024. (Proviso Omitted.)