Article 1(Purpose) #
The purpose of this Act is to prescribe fundamental matters concerning the establishment and operation of public officials' councils for improvement of working conditions, improvement in the efficiency of work and the handling of grievances of public officials.
[This Article Wholly Amended on Mar. 12, 2010]
Article 2(Establishment) #
(1) Public officials who take up service with a State agency, local government and its subordinate agency may establish a public officials' council (hereinafter referred to as "council").
(2) A council shall be established by unit of agency, and only one council may be established in one agency.
(3) Where a council is established, the representative of the council shall notify the head of an agency to which he or she belongs (hereinafter referred to as "head of an agency") of the fact of the establishment.
[This Article Wholly Amended on Mar. 12, 2010]
Article 2-2(Union of councils) #
(1) A council may establish a union of councils to represent the councils established within the following State agencies or local governments:
1. The National Assembly, the courts, the Constitutional Court, and the National Election Commission;
2. Central administrative agencies under Article 2 of the Government Organization Act, the Board of Audit and Inspection, and other institutions prescribed by Presidential Decree;
3. The Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities, Dos, and Special Self-Governing Provinces, and the Offices of Education of the Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities, Dos, and Special Self-Governing Provinces.
(2) If a union of councils is established, its representative shall notify the heads of the agencies referred to in the subparagraphs of paragraph (1) (referring to the Secretary General of the National Assembly, the Minister of the National Court Administration, the Secretary General of the Constitutional Court, the Secretary General of the National Election Commission, heads of central administrative agencies, the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayors, Do Governors, Special Self-Governing Province Governors, Superintendents of the Offices of Education, etc.; hereinafter the same shall apply) thereof such establishment.
[This Article Added on Apr. 26, 2022]
Article 3(Scope of joining councils) #
(1) The scope of public officials who may join a council shall be specified as follows: <Amended on May 23, 2011; Dec. 10, 2019; Apr. 16, 2022>
1. A public official in general service;
2. Any of the following public officials in special service:
(a) A foreign service officer in the functional category of foreign affairs and consulate or foreign service information and technology;
(b) A police official;
(c) A firefighting official;
3. Deleted; <Dec. 11, 2012>
4. Deleted; <May 23, 2011>
5. A public official in extraordinary civil service.
(2) Notwithstanding paragraph (1), public officials falling under any of the following subparagraphs shall not join a council: <Amended on Dec. 10, 2019; Apr. 26, 2022>
1. Deleted; <Apr. 26, 2022>
2. A public official who exercises authority to direct and supervise other public officials or exercises overall control over their duties;
3. A public official primarily engaged in personnel affairs, budget, accounting, property management, secretarial affairs, handling of confidential matters, security, guarding, and other duties similar thereto.
(3) The head of an agency shall designate the positions or duties subject to the prohibition of joining a council under paragraph (2) 2 or 3, from among the positions or duties of the relevant agency, in consultation with the council, and publicly announce such designation. <Added on Dec. 10, 2019>
[This Article Wholly Amended on Mar. 12, 2010]
Article 4(Freedom of joining and secession) #
A public official may join or secede from a council without restraint.
[This Article Wholly Amended on Mar. 12, 2010]
Article 5(Functions of council, etc.) #
(1) A council and a union of council (hereinafter referred to as "council, etc.") shall consult with the head of the affiliated agency or the heads of agencies referred to in the subparagraphs of Article 2-2 (1) on the following matters: <Amended on Apr. 26, 2022>
1. Matters relating to improvement of working conditions specific to the relevant agency;
2. Matters relating to enhancement of work efficiency;
3. Matters relating to general grievances of public officials affiliated with the relevant agency in relation to their official duties;
4. Matters relating to maternity protection for public officials and support for the reconciliation of work and family life;
5. Matters relating to the prevention of sexual harassment, workplace harassment, etc. within the agency;
6. Other matters relating to the development of the relevant agency.
(2) Where a council, etc. hold consultation under paragraph (1), they shall elect consultative members who may fairly represent the opinions of its members, taking into account their positions, etc. <Amended on Apr. 26, 2022>
[This Article Wholly Amended on Mar. 12, 2010]
[Title Amended on Apr. 26, 2022]
Article 5-2(Activities of council, etc.) #
Activities of a council, etc. shall be performed outside of working hours; provided, the following matters may be performed during working hours:
1. Consultation with a council, etc. and the head of an agency and the heads of agencies referred to in the subparagraphs of Article 2-2 (1);
2. Other matters prescribed by Presidential Decree.
[This Article Added on Apr. 26, 2022]
Article 6(Duty of head of agency) #
(1) Where a council, etc. makes a written request for consultation, the head of an agency or the heads of the agencies referred to in the subparagraphs of Article 2-2 (1) shall faithfully consult thereon. <Amended on Apr. 26, 2022>
(2) The head of an agency or the heads of the agencies referred to in the subparagraphs of Article 2-2 (1) shall endeavor to implement to the fullest extent possible the matters agreed upon in writing with the council, etc. <Amended on Apr. 26, 2022>
(3) The head of an agency or the heads of the agencies referred to in the subparagraphs of Article 2-2 (1) shall not take any disadvantageous measures against public officials under their jurisdiction in connection with the organization and operation of a council, etc. <Amended on Apr. 26, 2022>
(4) Where there is any agreement with a council, etc., the head of an agency or the heads of the agencies referred to in the subparagraphs of Article 2-2 (1) shall make public the implementation status thereof, and the detailed methods shall be prescribed by Presidential Decree. <Added on Apr. 26, 2022>
[This Article Wholly Amended on Mar. 12, 2010]
Article 7(Details relating to composition and operation of council, etc.) #
Matters relating to the unit of establishment of a council, etc., the scope of its membership, and other matters relating to its composition; the appointment of consultative members; the procedures, timing, and methods of consultation of a council, etc.; and other matters necessary for its operation shall be prescribed by the Rules of the National Assembly, the Rules of the Supreme Court, the Rules of the Constitutional Court, the Rules of the National Election Commission, Presidential Decree, or municipal ordinance. <Amended on Apr. 26, 2022>
[This Article Wholly Amended on Mar. 12, 2010]
[Title Amended on Apr. 26, 2022]