Article 19(Grounds for disqualification of executive officers) #
(1) None of the following persons shall be qualified as an executive officer: <Amended on Jan. 26, 2012; Sep. 19, 2017; Oct. 24, 2017; Dec. 11, 2018; Dec. 29, 2020; Dec. 21, 2021>
1. A minor;
1-2. An adult under guardianship or a quasi-incompetent under guardianship;
1-3. A bankrupt who has not yet reinstated;
1-4. A person whose qualification is lost or suspended by a court decision;
1-5. A person who is sentenced to imprisonment without labor or heavier punishment and for whom three years have not passed from the date the execution of such punishment terminates (including cases where the execution of such punishment is considered to be terminated) or is exempted;
1-6. A person in the suspension of execution of punishment of imprisonment without labor or heavier punishment;
1-7. A person who falls under any of the following items by committing a crime prescribed in Article 71 of the Child Welfare Act, Articles 40 through 42 of the Subsidy Management Act, Article 97 of the Local Finance Act, Article 54 (2) 1 of the Infant Care Act, Article 39 (1) 1 of the Act on Welfare Support for Children with Disabilities, or Chapters 28 and 40 (excluding Article 360) of the Criminal Act in connection with social welfare programs or his or her duties, or in violation of this Act, notwithstanding subparagraphs 1-5 and 1-6:
(a) A person who is sentenced to a fine exceeding one million won and for whom five years have not passed after the punishment is declared final and conclusive;
(b) A person who is sentenced to the suspension of execution of punishment and for whom seven years have not passed after the punishment is declared final and conclusive;
(c) A person who is sentenced to imprisonment with labor and for whom seven years have not passed from the date the execution of the punishment is terminated (including cases where the execution of the punishment is considered to be terminated) or exempted;
1-8. A person who is sentenced to a punishment, or medical treatment and custody by committing a sexual crime prescribed in Article 2 of the Act on Special Cases concerning the Punishment of Sexual Crimes or a sex offense against children or youth prescribed in subparagraph 2 of Article 2 of the Act on the Protection of Children and Youth against Sex Offenses, and for whom 10 years have not passed from the date the execution of the entire or part of the punishment, or medical treatment and custody is terminated (including cases where the execution is considered to be terminated), suspended or exempted after the sentence is declared final and conclusive, notwithstanding subparagraphs 1-5 through 1-7;
1-9. Notwithstanding subparagraphs 1-5 through 1-8, any of the following persons who has committed a child abuse-related crime defined in subparagraph 7-2 of Article 3 of the Child Welfare Act:
(a) A person for whom 10 years have not passed since his or her imprisonment without labor or heavier punishment declared by a court was completely executed (including where the execution of such sentence is deemed completed) or exempted;
(b) A person for whom 10 years have not passed since he or she was sentenced to suspension of execution of imprisonment without labor or heavier punishment and the suspension of execution became final and conclusive;
(c) A person for whom five years have not passed since he or she was sentenced to a fine and the sentence became final and conclusive;
2. A person in whose case five years have not yet passed since the date he or she was dismissed by an order for dismissal under Article 22;
2-2. A person who was an executive officer of a social welfare corporation of which incorporation permission is revoked pursuant to Article 26 (limited to persons who have a direct responsibility for the occurrence of the cause of the revocation of the permission or responsibility equivalent thereto and are prescribed by Presidential Decree) and for whom five years have not passed from the date the incorporation permission is revoked;
2-3. A person who is dismissed from the position of the head of a facility pursuant to Article 40 and for whom five years have not passed from the date he or she is dismissed;
2-4. A person for whom three years have not passed since he or she is subject to an order for closure pursuant to Article 40;
3. A person who intends to become an executive officer of a corporation under the jurisdiction of a basic local government to which he or she had belonged for five years prior to his or her retirement, from among public officials of grade six or higher in whose case three years have not yet passed since retirement.
(2) Where an executive officer falls under any subparagraph of paragraph (1), he or she shall lose his or her qualification as an executive officer.
[This Article Wholly Amended on Aug. 4, 2011]