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REGULATIONS ON WELFARE OF PUBLIC OFFICIALS

Presidential Decree No. 31380, Jan. 5, 2021

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to effectively address various welfare needs of public officials by prescribing basic matters relating to the welfare system for public officials, and to enhance governmental productivity by fostering a healthy and dynamic working environment for public officials. <Amended on Jun. 21, 2013>
 Article 2 (Definitions)
The terms used in this Decree are defined as follows: <Amended on Sep. 8, 2009; Jun. 21, 2013>
1. The term "customized welfare system" means a system that allows a public official to select welfare benefits that align with his or her preferences and needs by using welfare points allocated to each person from among welfare benefits designed and provided in advance;
2. Deleted; <Jun. 21, 2013>
3. Deleted; <Jun. 21, 2013>
4. Deleted; <Jun. 21, 2013>
5. Deleted; <Jun. 21, 2013>
6. Deleted; <Jun. 21, 2013>
7. Deleted; <Jun. 21, 2013>
8. The term "head of an operating agency" means a person falling under subparagraph 3 of Article 2 of the Decree on the Appointment of Public Officials.
 Article 3 (Scope of application)
(1) The welfare system under this Decree shall apply to State public officials within the Executive Branch. <Amended on Jun. 21, 2013>
(2) Notwithstanding paragraph (1), the head of an operating agency may exclude or restrict the application of matters falling under Articles 6 through 12 for any of the following persons within the scope determined by the Minister of Personnel Management: <Amended on Jun. 21, 2013; Nov. 19, 2014>
1. A public official on leave;
2. A public official in a probationary period of appointment;
3. A public official dispatched abroad;
4. A public official assigned to a diplomatic mission abroad.
(3) Notwithstanding paragraph (1), the relevant municipal ordinance on the welfare established by the respective local governments shall apply to the welfare system for State public officials working for local governments. <Added on Mar. 10, 2020>
(4) The head of an operating agency may apply the welfare system equivalent to that for public officials to a non-public official working for the agency, based on standards determined by the Minister of Personnel Management. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Mar. 10, 2020>
 Article 4 (Operating principles of welfare system)
(1) The head of an operating agency shall establish and operate a welfare system to address the welfare needs of public officials under his or her jurisdiction.
(2) When designing and operating the welfare system for public officials under his or her jurisdiction, the head of the operating agency shall ensure a balance between the efficient operation of the agency and the welfare needs of individual public officials.
(3) The head of the operating agency shall encourage the participation of public officials under his or her jurisdiction to address diverse welfare needs as well as to maximize the efficiency of welfare spending, and shall strive to ensure equal distribution of welfare benefits among public officials.
(4) The head of the operating agency may allow the head of its affiliated institution to establish and operate a welfare system under paragraph (1), if necessary to meet the diverse welfare needs of public officials based on the type of institution or occupation to which they belong and to ensure equitable provision of welfare benefits. In such cases, the "head of an affiliated agency" shall be construed as the "head of an operating agency".
CHAPTER II OPERATION OF CUSTOMIZED WELFARE SYSTEM
 Article 5 (Integration into customized welfare system)
The head of an operating agency shall ensure the implementation of a customized welfare system to provide welfare services for public officials under his or her jurisdiction.
 Article 6 (Items of customized welfare system)
(1) The welfare benefits under the customized welfare system shall consist of the following:
1. Basic items: Items designed and administered for compulsory selection by public officials;
2. Voluntary items: Items designed and administered by each operating agency for voluntary selection by public officials.
(2) The head of an operating agency may develop specific alternatives (hereinafter referred to as "options") and present them to public officials under his or her jurisdiction so that the officials can select from basic and voluntary items according to their individual preferences and needs.
[This Article Wholly Amended on Jun. 21, 2013]
 Article 7 (Basic items)
(1) Basic items are classified into mandatory basic items and optional basic items.
(2) Mandatory basic items, which refer to welfare benefits that all public officials shall mandatorily select to ensure the stability of the organization of public officials, consist of life insurance, accident insurance, etc.
(3) The Minister of Personnel Management may, if deemed necessary, establish standards for the design of mandatory basic items and their corresponding options, and the head of an operating institution shall comply with such standards. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014>
(4) Optional basic items refer to welfare benefits established by the head of an operating agency according to policy requirements, and public officials are obliged to select these items or they shall be automatically applied to public officials under his or her jurisdiction if certain conditions are met.
(5) If a public official affiliated with the operating agency fails to select basic items and their corresponding options within the designated period, the head of the agency may consider the lowest-level options selected and process them accordingly.
 Article 8 (Voluntary items)
Voluntary items shall consist of welfare benefits relating to health care, self-development, leisure activities, family-friendliness, etc. as determined by the head of an operating agency, taking into account the welfare needs of public officials affiliated with the agency. <Amended on Jan. 5, 2021>
 Article 9 (Limits on use of welfare points)
(1) For the operation of a customized welfare system, a calculation unit used for the design and operation of the system (hereinafter referred to as "welfare points") shall be established with 1 welfare point equivalent to 1,000 won.
(2) The head of an operating agency may, if necessary, set limits on the use of welfare points for each welfare item, and may operate a customized welfare system by subsidizing some of the expenses incurred, up to the amount equivalent to the allocated welfare points.
[This Article Wholly Amended on Jun. 21, 2013]
 Article 10 (Standards for granting welfare points)
(1) The head of an operating agency shall identify the scale of benefits under the welfare system, convert these benefits into scores, and equitably allocate welfare points to public officials, based on the calculated scores.
(2) Welfare points shall consist of the following: <Added on Jun. 21, 2013>
1. Basic welfare points: Welfare points uniformly granted by each operating agency to its public officials, etc.;
2. Variable welfare points: Welfare points granted differentially to public officials of an operating agency, etc. according to certain criteria.
(3) Basic welfare points shall be sufficient to allow the selection of the basic items and their corresponding options in accordance with the standards determined by the Minister of Personnel Management and Innovation. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 21, 2013; Nov. 19, 2014>
(4) Variable welfare points shall be determined by the head of an operating agency in consideration of the number of service years, family circumstances, work performance of public officials under his or her jurisdiction, any history of disciplinary actions, etc. <Amended on Jun. 21, 2013>
 Article 11 (Granting and management of welfare points)
(1) Welfare points shall be granted annually.
(2) Welfare points shall be used within the relevant year they are granted, and any remaining points shall not be carried over to the following year or redeemed for cash.
(3) If welfare points are newly granted due to new employment, reinstatement, etc. during the year, they shall be calculated on a monthly basis beginning on the first day of the month in which such event occurs.
(4) If welfare points have already used due to reassignment, release from position, dismissal, removal, expulsion, leave of absence, or dispatch (in cases of leave of absence or dispatch, referring to the case where the customized welfare system is not applied or applied in a limited manner under Article 3 (2)), etc., these points shall be recalculated on a monthly basis beginning on the last day of the month in which the event occurs.
(5) Variable welfare points shall remain unchanged throughout the year even when the reason for changes occurs, such as an increase in the number of dependents.
 Article 12 (Settlement and accounting of welfare points)
(1) A person who has used welfare points shall settle the expenses by submitting a request to the head of an operating agency; provided, if deemed necessary by the head of the agency, an alternative settlement method may be determined.
(2) The head of the operating agency may simplify or omit procedures, such as verifying the purpose of use and attaching supporting data, if necessary for the efficient settlement of welfare points.
[This Article Wholly Amended on Jun. 21, 2013]
 Article 13 (Development and operation of computerized management system)
(1) The Minister of Personnel Management may develop and operate a computerized management system (hereafter in this Article referred to as the "system") to efficiently handle affairs associated with the implementation of a customized welfare program, such as the administration and settlement of welfare points. <Amended on Nov. 19, 2014>
(2) The Minister of Personnel Management may have the Government Employees Pension Service under Article 4 of the Public Officials Pension Act (hereinafter referred to as the "Government Employees Pension Service") perform duties related to the development and operation of the system. <Amended on Nov. 19, 2014; Nov. 26, 2019>
[This Article Added on Jun. 21, 2013]
 Article 14 (Integrated operation)
(1) Upon receiving a request from the head of an operating agency, the Minister of Personnel Management may integrate and operate part of the customized welfare system of each operating agency. <Amended on Nov. 19, 2014>
(2) Except as provided in Articles 6 through 13 and paragraph (1) of this Article, matters necessary for the operation of a customized welfare system, such as the items of the customized welfare system and the standards for granting welfare points, shall be determined by the Minister of Personnel Management. <Amended on Nov. 19, 2014>
[This Article Added on Jun. 21, 2013]
CHAPTER III SUPPORT FOR FOSTERING VIBRANT WORKING ENVIRONMENT
 Article 15 (Responsibilities of heads of operating agencies)
The head of an operating agency shall proactively support public officials under his or her jurisdiction to promote their physical and mental well-being and foster a vibrant working environment. <Amended on Nov. 26, 2019>
[This Article Added on Jun. 21, 2013]
 Article 16 (Support for health care)
(1) The head of an operating agency may establish and operate facilities to support the health care of public officials under his or her jurisdiction or provide psychological counseling services.
(2) The head of an operating agency shall actively encourage public officials under his or her jurisdiction to undergo health checkups under Article 52 of the National Health Insurance Act.
[This Article Added on Jun. 21, 2013]
 Article 17 (Establishment and operation of counseling center for public officials)
(1) The Minister of Personnel Management may establish and operate a counseling center for public officials to help promote the physical and mental well-being of employees covered by the welfare system equivalent to that for public officials pursuant to Article 3 (4). <Amended on Nov. 19, 2014; Mar. 10, 2020>
(2) The Minister of Personnel Management shall take necessary measures to ensure the protection of personal information, privacy, etc. of those who use the counseling center for public officials. <Amended on Nov. 19, 2014>
[This Article Added on Jun. 21, 2013]
[Previous Article 17 moved to Article 22 <Jun. 21, 2013>]
 Article 17-2 (Insurance contract for subsidization of litigation expenses)
(1) The head of an operating agency may enter into an insurance contract to subsidize expenses incurred by a public official under his or her jurisdiction, such as attorney fees, litigation expenses, and compensation for damages, which are borne by the public official when undergoing an investigation by an investigative agency or filing a lawsuit related to civil or criminal liability in connection with the performance of his or her duties.
(2) The head of an operating agency may have the Government Employees Pension Service conduct affairs relating to concluding insurance contracts and other relevant affairs under paragraph (1) on his or her behalf.
[This Article Added on Nov. 26, 2019]
CHAPTER IV SUPPORT FOR LITERARY AND SPORT ACTIVITIES
 Article 18 (Responsibilities of heads of operating agencies)
The head of the operating agency shall endeavor to promote the sound leisure activities of public officials and thus foster a creative and vibrant culture of public service by encouraging participation in literary, artistic, musical, and physical activities among affiliated public officials.
[This Article Added on Jun. 21, 2013]
[Previous Article 18 moved to Article 23 <Jun. 21, 2013>]
 Article 19 (Holding and operation of Public Official Art Competition)
(1) In order to foster a creative and vibrant culture of public service, the Minister of Personnel Management may hold a contest where participants submit their works or compete in practical skills across various fields such as literature, art, and music. (hereinafter referred to as the "Public Official Art Competition"). <Amended on Nov. 19, 2014>
(2) The Minister of Personnel Management may allow former public officials and local government officials to participate in the competition to promote the Public Official Art Competition. <Amended on Nov. 19, 2014>
(3) Experts, etc. in the relevant fields may be commissioned as judges to ensure fair examination of the Public Official Art Competition, and allowances and travel expenses may be paid to the commissioned persons within the budget.
(4) The Minister of Personnel Management may award prizes to persons, institutions, etc. participating in the Public Official Art Competition based on the prize level, or may provide additional prizes within the budget. <Amended on Nov. 19, 2014>
(5) The Minister of Personnel Management shall determine specific matters regarding the eligibility of participants in the Public Official Art Competition, scope of their participation, the submission and competition methods, award details, etc. <Amended on Nov. 19, 2014>
[This Article Wholly Amended on Jun. 21, 2013]
 Article 20 (Holding and operation of Public Official Hobbyist Contest)
(1) In order to create a healthy and vibrant culture of public service, the Minister of Personnel Management may hold a competition (hereinafter referred to as "Public Official Hobbyist Contest") where participants compete in practical skills across various fields such as sports, hobbies, and other leisure activities. <Amended on Nov. 19, 2014>
(2) In order to promote the Public Official Hobbyist Contest, the Minister of Personnel Management may allow former public officials and local government officials to participate in the contest. <Amended on Nov. 19, 2014>
(3) The Public Official Hobbyist Contest shall be hosted by the winning institution from the previous contest or by the organization representing a hobby club in each category; provided, if the organizing institution deems it impracticable to hold the Public Official Hobbyist Contest, the Minister of Personnel Management may separately designate another organizing institution or conduct the competition in a different manner. <Amended on Nov. 19, 2014>
(4) The Minister of Personnel Management may provide budgetary support necessary for the organizing agency, etc. in consideration of the number of participants in the Public Official Hobbyist Contest, characteristics of event categories, etc. <Amended on Nov. 19, 2014>
(5) The Minister of Personnel Management may award prizes to persons, institutions, etc. participating in the Public Official Hobbyist Contest based on the prize level, or may provide additional prizes within the budget. <Amended on Nov. 19, 2014>
(6) The Minister of Personnel Management shall determine specific matters regarding the eligibility of participants in the Public Official Hobbyist Contest, scope of their participation, the competition methods, award details, etc. <Amended on Nov. 19, 2014>
[This Article Wholly Amended on Jun. 21, 2013]
 Article 21 (Support for talent sharing activities)
(1) Winners of the Public Official Art Competition and the Public Official Hobbyist Contest under Articles 19 and 20 may participate in volunteer activities, etc. that utilize their talent.
(2) The head of an operating agency shall encourage and support the activities of public officials under his or her jurisdiction under paragraph (1).
[This Article Wholly Amended on Jun. 21, 2013]
CHAPTER IV-II SUPPORT FOR PUBLIC OFFICIALS WITH DISALITIES
 Article 21-2 (Persons eligible for assignment of personal assistants and provision of assistive engineering instruments)
(1) Public officials classified as follows may be assigned personal assistants or provided with assistive engineering instruments or equipment (hereinafter referred to as "assistive engineering instruments, etc.") pursuant to Article 52 (2) of the State Public Officials Act:
1. Public officials with severe disabilities defined in subparagraph 2 of Article 2 of the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities: Assignment of personal assistants;
2. Public officials with disabilities defined in subparagraph 2 of Article 2 of the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities: Provision of assistive engineering instruments, etc.
(2) The Minister of Personnel Management shall determine the method of applications for the assignment of personal assistants and the provision of assistive engineering instruments, etc., the scope of support, etc.
[This Article Added on Sep. 15, 2015]
 Article 21-3 (Designation and operation of specialized institutions)
(1) Pursuant to Article 52 (3) of the State Public Officials Act, the Minister of Personnel Management shall designate a specialized institution conducting affairs relating to supporting public officials with disabilities from among the following institutions:
(2) A specialized institution designated pursuant to paragraph (1) (hereinafter referred to as "specialized institution") shall perform the following duties to assign personal assistants to public officials with disabilities and provide them with assistive technology devices, etc.:
1. Evaluating applications for the assignment of personal assistants and provision of assistive engineering instruments, etc. and determining eligibility for support;
2. Placing purchase orders for and repairing assistive engineering instruments, etc.;
3. Selecting and entering into contracts with institutions providing support, such as the employment and management of personal assistants;
4. Conducting follow-up management of persons eligible for personal assistant services.
(3) The Minister of Personnel Management may require specialized institutions to formulate and submit a business plan and a fund execution plan related to support for public officials with disabilities.
(4) If a specialized institution falls under any of the following, the Minister of Personnel Management may revoke the designation and take appropriate measures, such as recovering the contributions paid; provided, if in cases falling under subparagraph 1, the Minister of Personnel Management shall revoke its designation:
1. Where the institution has been designated by fraud or other improper means;
2. Where the institution fails to fulfill the duties prescribed in paragraph (2) without good cause;
3. Where the institution is deemed impracticable to continuously perform its duties prescribed in paragraph (2).
(5) Except as provided in paragraphs (1) through (4), necessary matters, such as procedures for designating specialized institutions and revoking such designation, shall be determined by the Minister of Personnel Management.
[This Article Added on Sep. 15, 2015]
 Article 21-4 (Prohibition of use of contributions for purposes other than intended purposes)
(1) The Minister of Personnel Management may provide contributions to specialized institutions within the budget to help cover expenses incurred in fulfilling their duties pursuant to Article 52 (3) of the State Public Officials Act.
(2) No specialized institution shall use the contributions under paragraph (1) for any purpose other than the original purpose of the contributions.
(3) If a specialized institution has used contributions in violation of paragraph (2), the Minister of Personnel Management may recover an amount equivalent to the misused funds.
[This Article Added on Sep. 15, 2015]
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 22 (Survey on welfare status of public officials)
(1) The Minister of Personnel Management may conduct regular surveys on matters relating to the welfare level and current welfare status, such as the operation status of customized welfare systems within each institution and level of satisfaction among public officials with welfare services to utilize the findings to formulate policies aimed at enhancing the welfare of public officials. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014>
(2) The Minister of Personnel Management shall formulate measures to enhance the welfare of public officials and to ensure equitable welfare standards across Ministries based on the results of the surveys conducted under paragraph (1), and may request the head of the relevant agency to take necessary measures. In such cases, the head of the agency who receives such request shall comply, unless there is a compelling reason not to do so. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014>
[Moved from Article 17 <Jun. 21, 2013>]
 Article 23 (Collection of private sector welfare data)
(1) The Minister of Personnel Management may collect data on welfare level, the current welfare status, etc. from private and government-invested institutions to utilize such information to formulate policies aimed at enhancing the welfare of public officials. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014>
(2) The Minister of Personnel Management may, if necessary to collect data under paragraph (1), request cooperation from the heads of tax administrative agencies and other relevant administrative agencies. In such cases, the agency, upon receiving such request, shall comply, unless there is a compelling reason not to do so. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014>
[Moved from Article 18 <Jun. 21, 2013>]
ADDENDA <Presidential Decree No. 18841, May 26, 2005>
(1) (Enforcement date) This Decree shall enter into force on June 1, 2005.
(2) (Special cases concerning operating agencies currently implementing customized welfare system) These Regulations shall not apply to operating agencies currently implementing customized welfare systems as at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 20741, Feb. 29, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 21087, Oct. 20, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
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.)
Articles 2 through 4 Omitted.
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.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 24633, Jun. 21, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, 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.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 26530, Sep. 15, 2015>
This Decree shall enter into force on September 19, 2015.
ADDENDUM <Presidential Decree No. 30220, Nov. 26, 2019>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 30515, Mar. 10, 2020>
This Decree shall enter into force on April 1, 2020. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)