Article 1(Purpose) #
The purpose of this Act is to prescribe exceptions to the State Public Officials Act regarding the qualifications, appointment, education and training, service, remuneration for, guarantee of the status, etc. of foreign service officers in light of the importance of their duties and responsibilities and the unique characteristics of their status and working conditions.
[This Article Wholly Amended on Apr. 4, 2011]
Article 2(Classification of functional category of foreign service officers) #
(1) Positions equal to or higher than the class of counsellor prescribed by Presidential Decree, among foreign service officers, shall not be classified by functional category, and the functional category of the other positions shall be classified according to kinds of duties, as set forth in the following subparagraphs:
1. Functional category of foreign affairs and trade;
2. Functional category of foreign affairs and consulate;
3. Functional category of foreign service information and technology.
(2) The kinds of the principal duties by functional category under subparagraphs of paragraph (1) shall be as follows:
1. Functional category of foreign affairs and trade: Foreign affairs and trade;
2. Functional category of foreign affairs and consulate: Consular affairs;
3. Functional category of foreign service information and technology: Foreign service information management and communications.
(3) Matters necessary concerning duties other than kinds of the principal duties by functional category under paragraph (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Apr. 4, 2011]
Article 2-2(Foreign service officers belonging to senior executive service) #
(1) Foreign service officers who have been appointed to positions equal to or higher than the class of minister (hereinafter referred to as "Senior Executive Service positions") prescribed by Presidential Decree in the Ministry of Foreign Affairs or its affiliated organizations, or the Overseas Koreans Agency and are holding office, or who are under personnel management, such as dispatch or temporary retirement from office, shall belong to the Senior Executive Service referred to in Article 2-2 (2) of the State Public Officials Act; provided, some positions prescribed by Presidential Decree on the grounds of the importance, peculiarities, etc. of the relevant duties shall not be included in the Senior Executive Service positions. <Amended on Mar. 23, 2013; Jan. 9, 2024>
(2) The Minister of Foreign Affairs may establish and assess the ability and quality that a public official to be appointed to a Senior Executive Service position has to possess, and may utilize the results of the assessment in the personnel management, such as new appointment or the first assignment to a Senior Executive Service position. <Amended on Mar. 23, 2013>
(3) For the first assignment to a Senior Executive Service position, the Minister of Foreign Affairs shall select those who have qualifications, career, etc. prescribed by Presidential Decree and recommend their appointment following a qualification examination under Article 13-2 (1) and an examination under Article 28-6 (3) of the State Public Officials Act. <Amended on Mar. 23, 2013>
(4) Necessary matters concerning the specific scope of personnel management pursuant to paragraph (1) and the details of the ability and quality, scope of those subject to assessment, methods of assessment, and utilization of the results of assessment pursuant to paragraph (2) shall be prescribed by Presidential Decree in consideration of the unique characteristics of foreign service officers.
(5) Except as provided in this Act, when applying the provisions concerning the Senior Executive Service of the State Public Officials Act to foreign service officers, the term "promotion and appointment to a Senior Executive Service position" shall be construed as "first assignment to a Senior Executive Service position".
[This Article Wholly Amended on Apr. 4, 2011]
Article 3(Persons with authority for appointment) #
(1) The Minister of Foreign Affairs has the authority to conduct new appointment, assignment to a position, transfer, holding concurrent offices, dispatch, temporary retirement from office, removal from office, suspension from office, demotion, reinstatement, dismissal from office, release from office, and discharge from office (hereinafter referred to as "appointment") of foreign service officers in the Ministry of Foreign Affairs, its affiliated organizations, or the Overseas Koreans Agency; provided, in any of the following cases, the President shall conduct such appointment, etc. upon recommendation of the Minister of Foreign Affairs: <Amended on Jul. 25, 2011; Mar. 23, 2013; Mar. 4, 2023; Jan. 9, 2024>
1. New appointment, discharge from office, dismissal from office, and release from office of foreign service officers in positions equal to or higher than the class of counsellor prescribed by Presidential Decree in the Ministry of Foreign Affairs or its affiliated organizations, or the Overseas Koreans Agency;
2. Assignment to a position of ambassador extraordinary and plenipotentiary and to positions equal to or higher than the class of Assistant Minister of the Ministry of Foreign Affairs or its affiliated organizations (excluding overseas diplomatic missions), the Overseas Koreans Agency as prescribed by Presidential Decree (including an act that causes the holder of such position to be released from his or her duties), and temporary retirement from office, removal from office, suspension from office, demotion, and reinstatement therefrom of persons who hold such positions;
3. Appointment of specially appointed chiefs of overseas diplomatic missions;
4. The first assignment to Senior Executive Service positions.
(2) Where the Minister of Foreign Affairs appoints or recommends the appointment of a foreign service officer pursuant to the main clause and proviso of paragraph (1), he or she shall appoint or recommend the appointment of a foreign service officer with a position of councilor or higher prescribed by Presidential Decree belonging to the Overseas Koreans Agency, upon recommendation of the Commissioner of the Overseas Koreans Agency. <Added on Jan. 9, 2024>
(3) The Minister of Foreign Affairs may delegate part of his or her authority for appointment, to the heads of organizations affiliated with the Ministry of Foreign Affairs or the Commissioner of the Overseas Koreans Agency as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Mar. 4, 2023; Jan. 9, 2024>
[This Article Wholly Amended on Apr. 4, 2011]
Article 4(Specially appointed chief of overseas diplomatic missions) #
(1) If necessary to perform foreign affairs, the President may appoint a person with qualifications and ability to be a diplomat, as specially appointed chief of such overseas diplomatic mission, in order to specially assign a person to a position of the chief of an overseas diplomatic mission.
(2) The provisions concerning foreign service officers shall apply mutatis mutandis to those who are appointed to specially appointed chiefs of overseas diplomatic missions; provided, Articles 10 through 13, 13-2 through 13-4, 14 through 16, 23, 24, 26 (2), (4) and (7), and 27 of this Act and Article 28-6 (3) of the State Public Officials Act shall not apply.
(3) A specially appointed chief of an overseas diplomatic mission shall be ordered to serve as the chief of an overseas diplomatic mission, simultaneously with his or her appointment to such post.
(4) The specially appointed chief of an overseas diplomatic mission shall retire from office on the 60th day after he or she is released from his or her post as chief of an overseas diplomatic mission.
[This Article Wholly Amended on Apr. 4, 2011]
Article 5(Duties of foreign service officers) #
The duties of foreign service officers are to externally protect and increase national interests, to enhance amicable, economic, and cultural relations with foreign countries, and to protect and support overseas Koreans.
[This Article Wholly Amended on Apr. 4, 2011]
Article 6(External official titles of foreign service officers) #
The official titles to be used by foreign service officers who are assigned to positions in overseas diplomatic missions or perform external activities or specific duties shall be ambassador extraordinary and plenipotentiary, ambassador, minister, minister-counsellor, counsellor, first secretary, second secretary, third secretary, consul-general, deputy consul-general, consul, vice consul, etc. (no foreign service officers performing specific duties can use the title of ambassador extraordinary and plenipotentiary as their external official titles), and the Minister of Foreign Affairs shall have the authority to grant such external official titles, excluding ambassador extraordinary and plenipotentiary, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Apr. 4, 2011]
Article 7(Establishment of Foreign Affairs Personnel Committee) #
(1) The Foreign Affairs Personnel Committee shall be established in the Ministry of Foreign Affairs to deliberate on important matters concerning personnel management of foreign service officers. <Amended on Mar. 23, 2013>
(2) The Foreign Affairs Personnel Committee shall consist of the First Foreign Affairs Personnel Committee and the Second Foreign Affairs Personal Committee, and each of the Committees shall be comprised of at least seven members. <Amended on Jul. 25, 2011>
(3) Necessary matters concerning the composition, operation, etc. of the Foreign Affairs Personnel Committees shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Apr. 4, 2011]
Article 8(Functions of Foreign Affairs Personnel Committee) #
(1) The First Foreign Affairs Personnel Committee shall deliberate on the following matters and make a proposal therefor or recommendation thereon to the Minister of Foreign Affairs, as prescribed by Presidential Decree: <Amended on Jul. 25, 2011; Mar. 23, 2013>
1. Policies, standards, and a master plan for personnel administration of foreign service officers;
2. Matters concerning the enactment, amendment, or repeal of statutes related to personnel affairs of foreign service officers;
3. New appointment, transfer, and assignment to positions of foreign service officers, and grant of awards and decorations to them;
4. Other matters referred to the Foreign Affairs Personnel Committee by the Minister of Foreign Affairs.
(2) The Second Foreign Affairs Personnel Committee shall deliberate on matters commissioned by the First Foreign Affairs Personnel Committee, among the matters on the personnel affairs of positions below the class of counsellor prescribed by Presidential Decree, and make any proposal therefor or recommendation thereon to the Minister of Foreign Affairs. <Added on Jul. 25, 2011; Mar. 23, 2013>
(3) The Minister of Foreign Affairs shall respect opinions of the Foreign Affairs Personnel Committees unless there is a compelling reason not to do so. <Amended on Jul. 26, 2011; Mar. 23, 2013>
[This Article Wholly Amended on Apr. 4, 2011]
Article 9(Qualifications and disqualifications for appointment) #
(1) Foreign service officers shall be appointed, from among persons who have clear sprit of nationalism and a sense of duty and have the quality and aptitude necessary to perform their duties.
(2) None of the following persons shall be appointed as a foreign service officer:
1. A person who falls under any subparagraph of Article 33 of the State Public Officials Act;
2. Any person who does not have the nationality of the Republic of Korea.
[This Article Wholly Amended on Apr. 4, 2011]
Article 9-2(Foreign service officers appointed for fixed period) #
(1) Persons with authority for appointment may appoint a foreign service officer who works for a fixed period (hereinafter referred to as "foreign service officer in a fixed term position") for performance of duties requiring specialized knowledge and skills, or specialties in managing appointment.
(2) Articles 12 and 27 shall not apply to foreign service officers in a fixed term position.
(3) Requirements and procedures for appointment, and maximum working age of foreign service officers in a fixed term position, and other necessary matters shall be prescribed by Presidential Decree.
[This Article Added on Jan. 7, 2014]
Article 10(New appointment) #
(1) Foreign service officers shall be newly appointed through open competitive examinations for employment; provided, foreign service officers in the classes of duties prescribed by Presidential Decree shall be appointed, from among those selected through open competitive examinations (hereinafter referred to as "diplomat candidates"), who have completed the regular courses prescribed in Article 6 (1) of the Korea National Diplomatic Academy Act and have gained comprehensive educational grades in the regular course, which comprehensively evaluated achievements in education, attitudes in serving in public office, values, etc., above the standard prescribed by the Minister of Foreign Affairs. <Amended on Dec. 30, 2017>
(2) The number of diplomat candidates shall be the number of persons to be appointed pursuant to the proviso to paragraph (1), which is determined by the Minister of Foreign Affairs in consultation with the Minister of Personnel Management. <Amended on Mar. 23, 2013; Nov. 19, 2014; Dec. 30, 2017>
(3) Notwithstanding paragraph (1), foreign service officers may be appointed through examinations for employment by means of competition among many persons who are eligible on the same grounds, after setting requirements for application such as professional career (hereinafter referred to as "career-based competitive examinations for employment") in any of the following cases; provided, where it is prescribed by Presidential Decree as not appropriate to conduct examinations on many persons, foreign service officers may be appointed through examinations which are not aimed at many persons: <Amended on Jan. 7, 2014>
1. Where a retired foreign service officer is reappointed as a foreign service officer within three years from the date of his or her retirement (in cases of a foreign service officer who have retired from a position below the class of counsellor prescribed by Presidential Decree, referring to being reappointed to a position in the same functional category in which he or she was in service at the time of his or her retirement);
2. Where a person (excluding a public official in general service belonging to the Senior Executive Service) with experience of no less than three years in service or research corresponding to a position to which he or she is to be appointed is appointed;
3. Where a person who holds a certificate of qualification related to duties of a position to which he or she is to be appointed, or who has special foreign language proficiency, is appointed.
(4) For the purpose of a new appointment of foreign service officers, matters necessary for the qualifications for taking examinations for employment, such as the ability, educational background, career, and age, and the criteria for selection of diplomat candidates and appointment of foreign service officers prescribed in the proviso to paragraph (1), and the functional category, positions, etc. subject to career-based competitive examinations for employment pursuant to paragraph (3) shall be prescribed by Presidential Decree. <Amended on Jan. 7, 2014>
Article 11(Appointment of probationers and list of eligible candidates for appointment) #
(1) Where foreign service officers (excluding those assigned to positions equal to or higher than the positions referred to in Article 3 (1) 1; hereafter the same shall apply in this Article) are newly appointed, a foreign service officer in the functional category of foreign affairs and trade (hereinafter referred to as "foreign affairs and trade officer") shall be appointed as a probationer for one year, and a foreign service officer in the functional category of foreign affairs and consulate (hereinafter referred to as "consulate officer") and a foreign service officer in the functional category of foreign service information and technology (hereinafter referred to as "foreign service information and technology officer") shall be appointed as a probationer for six months, and where his or her service record is acceptable during that period, he or she shall be appointed as a regular public official; provided, appointment as a probationer may be exempted or such probation period may be reduced in cases prescribed by Presidential Decree. <Amended on Jul. 25, 2011>
(2) The period for temporary retirement from office, removal from office, or suspension from office or wage reduction as a disciplinary punishment shall not be included in calculating the period of appointment as a probationer under paragraph (1). <Added on Jul. 25, 2011>
(3) If a foreign service officer appointed as a probationer makes poor performance or obtains poor grades in education or training, he or she may be dismissed from office or a recommendation for his or her dismissal may be made, notwithstanding Article 23 of this Act and Article 70 of the State Public Officials Act. <Added on Jul. 25, 2011>
(4) The term of validity of a list of eligible candidates for appointment as foreign affairs and trade officers shall be five years, and that of each list of eligible candidates for appointment as consulate officers or foreign service information and technology officers shall be three years, respectively.
[This Article Wholly Amended on Apr. 4, 2011]
Article 12(Transfer) #
(1) Foreign affairs and trade officers, consulate officers, and foreign service information and technology officers may be transferred, as prescribed by Presidential Decree.
(2) Transfer pursuant to paragraph (1) shall be subject to examination, and eligibility requirements to take such examination and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Apr. 4, 2011]
Article 13(Principles of management for assignment to positions) #
(1) A position of a foreign service officer shall be granted in overall consideration of the result of performance assessment, work experience in a related field, foreign language proficiency, etc.
(2) A position of a foreign service officer, except those prescribed by Presidential Decree, shall be granted by means of public job posting (hereinafter referred to as "public job posting system") aimed at public officials of the Ministry of Foreign Affairs and its affiliated organizations, or foreign service officers of the Overseas Koreans Agency. <Amended on Mar. 23, 2013; Jan. 9, 2024>
(3) In implementing a public job posting system, the Foreign Affairs Personnel Committee under Article 7 shall recommend eligible candidates for assignment to a position to the Minister of Foreign Affairs, as prescribed by Presidential Decree, and the Minister of Foreign Affairs shall select the best qualified person, from among those so recommended, and grant him or her the relevant position; provided, the Minister of Foreign Affairs may assign a person he or she deems well- qualified to a position for which there is no eligible candidate or recommendee. <Amended on Mar. 23, 2013>
(4) Except as provided in paragraphs (2) and (3), matters necessary for the standards, procedures, etc. for management of the public job posting system shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Apr. 4, 2011]
Article 13-2(Examination of qualifications for foreign service officers) #
(1) Any person who is to be first appointed to a position equal to or higher than the class of counsellor, as prescribed by Presidential Decree, or a Senior Executive Service position of the Ministry of Foreign Affairs or its affiliated organization, or the Overseas Koreans Agency shall undergo an examination of qualifications before the appointment, and any person who is determined disqualified as a result of such examination may not be appointed to the relevant position. <Amended on Mar. 23, 2013; Jan. 9, 2024>
(2) The Foreign Service Qualification Screening Committee which is comprised of not less than seven but not more than 15 members shall be established in the Ministry of Foreign Affairs to examine qualifications pursuant to paragraph (1). <Amended on Mar. 23, 2013>
(3) The Foreign Service Qualification Screening Committee shall examine whether a person subject to examination is qualified in overall consideration of his or her negotiating ability, ability to perform his or her duties, leadership, etc.
(4) The number of times that a person is allowed to apply for an examination of qualifications prescribed in paragraph (1) may be limited up to five times. <Added on Jul. 25, 2011>
(5) An applicant whose number of application for an examination of qualifications is limited under paragraph (4) may reapply for such examination after the lapse of a certain period of up to ten years. <Added on Jul. 25, 2011>
(6) Necessary matters concerning items, timing and methods of qualification examinations, and composition, operation, etc. of the Foreign Service Qualification Screening Committee, limitation on the number of times a person can apply for an examination of qualifications, and the period for limitation on re-application under paragraphs (1) through (5) shall be prescribed by Presidential Decree. <Amended on Jul. 25, 2011>
[This Article Wholly Amended on Apr. 4, 2011]
Article 13-3(Open positions) #
(1) The Minister of Foreign Affairs or the Commissioner of the Overseas Koreans Agency may designate and manage a position as an open position, among the positions (excluding chiefs of overseas diplomatic missions) of the Ministry of Foreign Affairs and its affiliated organizations, or of the Overseas Koreans Agency to which the best-qualified person from inside or outside the public service needs to be appointed because it is deemed that expertise is specifically required or it is necessary to efficiently perform foreign affairs; provided, a position to which a public official in a fixed term position under Article 26-5 of the State Public Officials Act may be assigned, from among the Senior Executive Service positions, pursuant to statutes related to organization, such as the Government Organization Act, shall be deemed an open position. <Amended on Jul. 25, 2011; Dec. 11, 2012; Mar. 23, 2013; Jan. 9, 2024>
(2) Necessary matters concerning management, etc. of open positions shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Apr. 4, 2011]
Article 13-4(Personnel exchanges) #
(1) Notwithstanding Article 32-2 of the State Public Officials Act, the Minister of Foreign Affairs shall conduct a personnel exchange with other central administrative agencies regarding the Senior Executive Service positions (excluding the chiefs of overseas diplomatic missions) of the Ministry of Foreign Affairs and its affiliated organizations, in consideration of demand for foreign affairs, the necessity for the efficient formulation and implementation of foreign policies, etc. <Amended on Mar. 23, 2013; Jan. 9, 2024>
(2) Necessary matters concerning management of personnel exchanges, such as the scope of, and procedures for personnel exchanges, shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Apr. 4, 2011]
Article 14(Service at overseas diplomatic missions) #
(1) A foreign service officer shall serve at an overseas diplomatic mission in accordance with the standards prescribed by Presidential Decree.
(2) If necessary for performing duties at an overseas diplomatic mission, the Minister of Foreign Affairs may require a foreign affairs and trade officer or foreign service information and technology officer to take charge of consular affairs, or a consulate officer to take charge of foreign service information management and communications. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Apr. 4, 2011]
Article 15(Secondment to international organizations or foreign organizations) #
(1) A foreign service officer may be seconded to an international organization, a foreign institution, or an institution, corporation or organization affiliated with the Ministry of Foreign Affairs, as prescribed by Presidential Decree. <Amended on May 26, 2020>
(2) No foreign service officer shall suffer unfavorable treatment in personnel affairs due to secondment under paragraph (1). <Amended on May 26, 2020>
[This Article Wholly Amended on Apr. 4, 2011]
[Title Amended on May 26, 2020]
Article 16(Education and training) #
(1) A foreign service officer shall undergo education and training to cultivate his or her sprit of nationalism and sense of duty and to develop his or her knowledge and ability necessary to perform his or her duties.
(2) The Minister of Foreign Affairs shall provide all foreign service officers with equal opportunities to receive education and training, develop and carry out a comprehensive education and training plan appropriate for each position, and provide necessary education in the Republic of Korea or overseas to accelerate professionalism of foreign service officers by type of function or region. <Amended on Mar. 23, 2013>
(3) The Minister of Foreign Affairs and the Commissioner of the Overseas Koreans Agency shall reflect the results of education and training in personnel management. <Amended on Mar. 23, 2013; Jan. 9, 2024>
[This Article Wholly Amended on Apr. 4, 2011]
Article 17(Performance appraisal) #
(1) The performance appraisal of foreign service officers shall be conducted regularly or occasionally in accordance with objective and strict standards and procedures.
(2) Deleted. <Jul. 25, 2011>
(3) The result of performance appraisal shall be reflected in all personnel management, such as assignment to a position, screening, etc.
(4) Necessary matters concerning methods of, procedures, etc. for performance appraisal shall be prescribed by Presidential Decree.
(5) Notwithstanding paragraphs (1), (3), and (4), the methods of conducting performance appraisal of foreign service officers belonging to the Senior Executive Service shall be as prescribed by Presidential Decree. <Amended on Jul. 25, 2011>
[This Article Wholly Amended on Apr. 4, 2011]
Article 18(Oath) #
Where a foreign service officer is ordered to serve at an overseas diplomatic mission or to be seconded for overseas service, he or she shall take the following oath before the Minister of Foreign Affairs: <Amended on Mar. 23, 2013>
"I, as a foreign service officer of the Republic of Korea, solemnly take an oath that I will sincerely observe the Constitution, statutes of the Republic of Korea, and instructions of the Government during my service at an overseas diplomatic mission (secondment for overseas service) with my fidelity to my mother country, enhance national prestige by promoting international friendship and cooperation in accordance with international law and international practices, and fulfill my mission and responsibilities by protecting and expanding national interests." <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Apr. 4, 2011]
Article 19(Service) #
(1) A foreign service officer shall, in particular, observe the following matters while he or she serves overseas:
1. Strictly observing classified information concerning foreign affairs;
2. Keeping his or her dignity;
3. Observing international law and prohibiting the abuse of privilege and immunity.
(2) Necessary matters concerning service while foreign service officers serve overseas shall be prescribed by Presidential Decree.
(3) No foreign service officer shall hold or obtain the right of permanent residence of a foreign country, and where his or her spouse or child has acquired the citizenship of a foreign country, he or she shall report thereon to the Minister of Foreign Affairs. <Amended on Jul. 25, 2011; Mar. 23, 2013>
[This Article Wholly Amended on Apr. 4, 2011]
Article 20(Remuneration) #
Remuneration for a foreign service officer shall be prescribed by Presidential Decree in consideration of the relative importance, level of responsibility, and level of difficulty of his or her duties, ability to perform his or her duties, performance, working conditions, etc.
[This Article Wholly Amended on Apr. 4, 2011]
Article 20-2(Assignment of position to class) #
(1) The Minister of Foreign Affairs shall assign all positions governed by the position classification system of the Ministry of Foreign Affairs and its affiliated organizations, or the Overseas Koreans Agency to any one class of duties, after consultation with the Minister of the Interior and Safety and the Minister of Personnel Management. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Jan. 9, 2024>
(2) Necessary matters concerning assignment of positions to any of classes of duties pursuant to paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Apr. 4, 2011]
Article 21(Reimbursement of actual expenses) #
(1) In addition to remuneration, foreign service officers may receive reimbursement of actual expenses incurred in performing their duties and overseas service, as prescribed by Presidential Decree. <Amended on Jul. 25, 2011>
(2) A foreign service officer who serves overseas and his or her accompanying family members are entitled to receive necessary support, such as medical expenses, as determined by the Minister of Foreign Affairs. <Added on Jul. 25, 2011; Mar. 23, 2013>
[This Article Wholly Amended on Apr. 4, 2011]
[Title Amended on Jul. 25, 2011]
Article 22(Accident compensation) #
Where a foreign service officer or his or her family member dies or goes missing, or is physically or mentally harmed or damaged in property distinctly, due to a natural disaster, war, incident, civil war, riot, kidnapping, or any other unforeseen accident while the foreign service officer serves overseas, or where a foreign service officer or his or her family member dies of or becomes disabled by a disease which has occurred due to specific climatic conditions, natural characteristics, or other living conditions of the area in which the foreign service officer serves, the relevant foreign service officer or his or her family member is entitled to receive accident compensation, as prescribed by Presidential Decree.
[This Article Wholly Amended on Apr. 4, 2011]
Article 23(Measures relating to status against one's will) #
No foreign service officer shall be subject to dismissal or temporary retirement from office against his or her will, except by a criminal sentence, a disciplinary action, or any other ground prescribed by this Act; provided, the same shall not apply to a foreign service officer belonging to the Senior Executive Service appointed to a position in the highest grade of duties allocated pursuant to Article 20-2 and a foreign service officer holding a position in the highest grade of duties among positions prescribed by Presidential Decree under the proviso of Article 2-2 (1), neither of whom is the head of the overseas diplomatic mission. <Amended on Jan. 15, 2019>
[This Article Wholly Amended on Apr. 4, 2011]
Article 24(Screening tests for foreign service officers) #
(1) Any foreign service officer (excluding those determined qualified as a result of an examination of qualifications for foreign service officers conducted for appointment to a Senior Executive Service position pursuant to Article 13-2) shall undergo a screening test to examine whether he or she is qualified for such position (hereinafter referred to as "screening test for foreign service officer"), when he or she falls under any of the following cases while in office. In such cases, a screening test for foreign service officers shall be conducted within six months from the date of occurrence of a ground for the screening testing, and a specific timing of and period for such screening test shall be prescribed by Presidential Decree: <Amended on Jul. 25, 2011; Mar. 23, 2013>
1. Where he or she receives the lowest ratings a total of three times in performance appraisals;
2. Where a period during which he or she is not assigned to any position without a justifiable ground prescribed by Presidential Decree reaches three years in total;
3. Where the highest score he or she has acquired in foreign language examinations during the period prescribed by Presidential Decree does not reach the standard prescribed by Presidential Decree;
4. Where he or she is summoned on two occasions by the Minister of Foreign Affairs, as prescribed by Presidential Decree.
(2) Deleted. <Jul. 25, 2011>
(3) The Ministry of Foreign Affairs shall have the Foreign Service Screening Committee to conduct screening tests for foreign service officers. <Amended on Mar. 23, 2013>
(4) The Foreign Service Screening Committee shall be comprised of no less than seven but up to 15 members, including foreign service officers equal to or higher than the class of minister prescribed by Presidential Decree, outsiders, etc. commissioned by the Minister of Foreign Affairs (at least one person among such outsiders shall be recommended by the Minister of Personnel Management), and the Vice Minister of Foreign Affairs shall be the chairperson. <Amended on Mar. 23, 2013; Nov. 19, 2014>
(5) The Foreign Service Screening Committee shall determine any person, who falls under any of paragraph (1) 1 through 4 and is deemed impractical to continue his or her performance of duties as a foreign service officer, as disqualified, as prescribed by Presidential Decree. <Amended on Jul. 25, 2011>
(6) A person who has the authority to appoint foreign service officers may choose not to grant a position to a person determined as disqualified under paragraph (5). In such cases, he or she shall order the person removed from his or her office to wait to be assigned for up to three months, and take necessary measures, such as providing educational training or assigning a special research task, etc. to recover his or her competence or improve his or her service record. <Amended on Jul. 25, 2011>
Article 25(Examination of qualifications for chiefs of overseas diplomatic missions) #
(1) Any person to be appointed as the chief of an overseas diplomatic mission shall undergo an examination of qualifications (hereinafter referred to as "examination of qualifications for chiefs of overseas diplomatic missions") before the appointment, and any person determined as disqualified as a result of such examination of qualifications shall not be appointed as the chief of an overseas diplomatic mission.
(2) A Committee on Examination of Qualifications for the Chiefs of Overseas Diplomatic Missions shall be established in the Ministry of Foreign Affairs for examination of qualifications for the chiefs of overseas diplomatic missions. <Amended on Mar. 23, 2013>
(3) The Committee on Examination of Qualifications for Chiefs of Overseas Diplomatic Missions shall be comprised of no less than seven but no more than 15 members.
(4) Matters necessary for the composition and operation of the Committee on Examination of Qualifications for Chiefs of Overseas Diplomatic Missions, the standards, timing of and procedures for examination of qualifications for chiefs of overseas diplomatic missions, and other related matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Apr. 4, 2011]
Article 26(Ipso facto retirement) #
(1) When a foreign service officer falls under any of the following subparagraphs, he or she shall retire ipso facto: <Amended on Jan. 7, 2014; May 26, 2020; Jan. 9, 2024>
1. Where he or she falls under Article 9 (2) 2;
2. Where he or she falls under subparagraph 1 of Article 69 of the State Public Officials Act;
3. Where the period for serving as a public official in a fixed term position has expired.
(2) Where a foreign service officer has served as the chief of an overseas diplomatic mission for 10 years in total, he or she shall duly retire from office. In such cases, the period for which he or she has served as the chief of an overseas diplomatic mission located in a special area prescribed by Presidential Decree shall be excluded in his or her term of office as the chief of an overseas diplomatic mission. <Amended on Apr. 4, 2011; May 26, 2020>
(3) Deleted. <May 11, 2007>
(4) Where a foreign service officer who has served in a position prescribed by Presidential Decree under the proviso to Article 2-2 (1) fails to be assigned to a position (excluding cases where the procedure for appointment is in progress and where he or she is on temporary retirement from office, as prescribed by Presidential Decree), he or she shall duly retire from office on the date of dismissal from office he or she has served; provided, in cases of a person who was assigned to and has served in a position in an overseas diplomatic mission, he or she shall duly retire from office on the date 60 days pass from the date he or she is dismissed from such office. <Amended on Apr. 4, 2011; Jul. 25, 2011; Jan. 15, 2019>
(5) Deleted. <May 11, 2007>
(6) Deleted. <May 11, 2007>
(7) Where a person who serves in excess of his or her age of retirement because he or she was assigned to a position permitted to serve in excess of the age of retirement (hereinafter referred to as "position permitted to serve in excess of the age of retirement") pursuant to Article 27 (3) fails to be assigned to another position permitted to serve in excess of the age of retirement without an interruption of service, he or she shall duly retire from office on the date he or she is dismissed from such office he or she serves; provided, in cases of a person who was assigned to and has served in a position in an overseas diplomatic mission, he or she shall duly retire from office on the date 60 days pass from the date he or she is dismissed from such office. <Amended on Apr. 4, 2011>
Article 26-2(Ex officio dismissal of foreign service officers belonging to senior executive service) #
(1) A person who has the authority to appoint foreign service officers shall ex officio dismiss a foreign service officer belonging to the Senior Executive Service from his or her office when the foreign service officer fails to be assigned to any position (where the procedure for appointment is in progress and where he or she is on temporary retirement from office, as prescribed by Presidential Decree, the relevant period shall be excluded) for one year and six months, consecutively.
(2) When a person who has the authority to appoint foreign service officers dismisses a foreign service officer from his or her office as prescribed in paragraph (1), such dismissal shall undergo deliberation by the Foreign Affairs Personnel Committee.
(3) Matters concerning procedures for, criteria of, etc. deliberation by the Foreign Affairs Personnel Committee under paragraph (2) shall be prescribed by Presidential Decree.
[This Article Added on Jul. 25, 2011]
[Previous Article 26-2 Moved to Article 26-3 <Jul. 25, 2011>]
Article 26-3(Screening test for senior executive service) #
(1) A foreign service officer who belongs to the Senior Executive Service shall undergo a screening test pursuant to Article 70-2 of the State Public Officials Act.
(2) The Senior Executive Service Appointment Screening Committee under Article 28-6 (1) of the State Public Officials Act shall conduct a screening test pursuant to paragraph (1) at the request of the Minister of Foreign Affairs or the Commissioner of the Overseas Koreans Agency. <Amended on Mar. 23, 2013; Jan. 9, 2024>
[This Article Wholly Amended on Apr. 4, 2011]
[Moved from Article 26-2 <Jul. 25, 2011>]
Article 27(Age of retirement) #
(1) The age of retirement for a foreign service officer shall be 60 years of age.
(2) A foreign service officer who reaches the age of retirement pursuant to paragraph (1) shall retire from office on June 30 if the date he or she reaches the age of retirement falls within the period from January to June of the year, or on December 31 if such date belongs to the period from July to December of the year.
(3) Notwithstanding paragraph (1), a person who holds a position prescribed by Presidential Decree from among the positions of the Ministry of Foreign Affairs and its affiliated agencies (including a person who has been appointed as the head of an overseas diplomatic mission and is in the process of appointment) may be allowed to serve in excess of the retirement age; provided, even in such cases, he or she shall not exceed 64 years of age. <Amended on Mar. 23, 2013; Jan. 9, 2024>
[This Article Wholly Amended on Apr. 4, 2011]
Article 28(Disciplinary action) #
(1) Where a foreign service officer under his or her control falls under any of the following subparagraphs, the Minister of Foreign Affairs or the Commissioner of the Office of Overseas Koreans Affair may request a resolution on disciplinary action. <Amended on Mar. 23, 2013; Jan. 9, 2024>
1. Where he or she violates this Act or the State Public Officials Act, or any order issued under this Act or the State Public Officials Act;
2. Where he or she violates his or her official duties or neglects his or her duties;
3. Where he or she commits a conduct detrimental to his or her dignity or prestige as a foreign service officer, regardless of the connection with his or her duties.
(2) The Disciplinary Committee established under the Prime Minister pursuant to the State Public Officials Act shall make a decision on disciplinary action against a foreign service officer who is or was in a position equal to or higher than the class of minister prescribed by Presidential Decree.
(3) The Foreign Service Disciplinary Committee shall be established in the Ministry of Foreign Affairs, as prescribed by Presidential Decree, for resolutions on disciplinary actions against a foreign service officer who is not in a position set forth under paragraph (2). <Amended on Mar. 23, 2013>
(4) The kinds, composition, authority of, and procedures for deliberation by the Foreign Service Disciplinary Committee, and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Apr. 4, 2011]
Article 29(Procedures for disciplinary action) #
A person who has the authority for appointment under Article 3 shall take a disciplinary action against a foreign service officer following a resolution of the Foreign Service Disciplinary Committee.
[This Article Wholly Amended on Apr. 4, 2011]
Article 30(Application of the State Public Officials Act) #
Except as otherwise expressly provided for in this Act, the State Public Officials Act and the Act on the Education and Training of Public Officials shall apply to foreign service officers; provided, Article 28-5 of the State Public Officials Act shall not apply to foreign service officers. <Amended on Nov. 8, 2005; May 11, 2007>
[Title Amended on Nov. 8, 2005]
Article 31(Other public officials assigned to overseas diplomatic missions) #
Except as otherwise expressly provided for in this Act or other Acts, the provisions of Articles 5, 6, 9, 18, 19, 21, and 22 shall apply mutatis mutandis to other State public officials and local public officials working at overseas diplomatic missions, and procedures for dispatch, education, service regulations, and other necessary matters shall be prescribed by Presidential Decree. <Amended on Jul. 25, 2011>
[This Article Wholly Amended on Apr. 4, 2011]
[Title Amended on Jul. 25, 2011]
Article 32(Administrative staff in overseas diplomatic missions) #
(1) Where necessary for performing duties of an overseas diplomatic mission, the overseas diplomatic mission may employ administrative staff. <Amended on Jul. 25, 2011>
(2) Types of occupation, methods of employment, remuneration, and working conditions of administrative staff employed in overseas diplomatic missions, and other necessary matters shall be determined by the Minister of Foreign Affairs. <Amended on Jul. 25, 2011; Mar. 23, 2013>
[This Article Wholly Amended on Apr. 4, 2011]
[Title Amended on Jul. 25, 2011]