Article 49(Grievance settlement) #
(1) A public educational official (excluding public educational officials who hold office in a public university; hereafter in this Article the same shall apply) may request consultations on or investigation of grievance with regard to various working conditions, such as personnel affairs, organizations, or treatment, or other personnel affairs, and shall not be disadvantageously punished or treated on account of such request.
(2) A person authorized to appoint, or request the appointment of, the relevant public educational official (including a person authorized to recommend such public educational official; hereinafter the same shall apply) who receives a request under paragraph (1) shall present it to the grievance investigation committee under paragraph (3) for discussion and investigation or have public educational officials under his or her jurisdiction provide counsel, and shall endeavor to settle the grievance or deal fairly with the issue, according to its results.
(3) In order to investigate the grievances of public educational officials, a central grievance investigation committee for public educational officials shall be organized under the control of the Ministry of Education, and a general grievance investigation committee for public educational officials shall be organized for each person authorized to appoint, or request the appointment of, public educational officials, and the functions of the central grievance investigation committee for public educational officials shall be managed by the education petition review committee under the Special Act for the Improvement of Teachers' Status and the Protection of Their Educational Activities. <Amended on Mar. 23, 2013; Feb. 3, 2016>
(4) The Central Grievance Review Committee for Educational Officials shall examine the following matters: <Amended on Mar. 21, 2012; Dec. 11, 2012; Dec. 13, 2022>
1. Requests for reinvestigation which have undergone a review process by the general grievance investigation committee for public educational officials;
2. Grievance of persons falling under any of the following items:
(a) Associate professor or higher-ranking university or faculty member of university or academy;
(b) Supervisory officials and educational research officials appointed by the President pursuant to Article 29 (1);
(c) Principals and directors appointed by the President pursuant to Article 29-2 (1);
(d) The supervisory official and educational research official appointed by the President pursuant to Article 20 (4) of the Act on the Establishment and Operation of the National Board of Education;
3. Grievances of persons who work for educational administrative agencies with positions at least equal to a director, the heads of educational training institutions, the heads of educational research institutions, and the head of teacher training institutions from among the supervisory officials and educational research officials appointed by the superintendent of education under Article 58.
(5) The Ordinary Grievance Review Committee for public educational officials shall examine the following matters: <Amended on Dec. 11, 2012; Mar. 23, 2013; Mar. 23, 2021; Dec. 13, 2022>
1. Grievances of the faculty members of a university with positions no higher than an assistant professor;
2. Grievances of the public educational officials appointed by the Minister of Education under Article 30;
3. Grievances of the educational expert officials appointed by the superintendent of education under Article 58 (excluding persons falling under paragraph (4) 3).
4. Grievance of public educational officials appointed by the Chairperson of the National Board of Education pursuant to Article 20 (4) of the Act on the Establishment and Operation of the National Board of Education.
(6) Notwithstanding the provisions of paragraph (5), where any grievance raised by a public educational official which is prescribed in paragraph (5) relates to at least two administrative agencies, the appointment authority of which differs from each other, the central grievance investigation committee for public educational officials may investigate such grievance, and where it is recognized as unsuitable for the general grievance investigation committee for public educational officials in the administrative agency to which such educational official belongs to investigate such grievance, the general grievance investigation committee for public educational officials in the immediately superior administrative agency may investigate such grievance.
(7) Where a person authorized to appoint, or request the appointment of, a public educational official in a public university deems it necessary after a grievance investigation, he or she may request the head of the proceeding administrative agency or the related administrative agency to settle such grievance, and the head of the proceeding administrative agency or the related administrative agency so requested shall comply with such request and notify its outcomes thereof, except in extenuating circumstances; provided, where it is impossible to settle the grievance on account of any unavoidable ground, such ground shall be notified.
(8) The constitution, authority, and investigation procedure of the grievance investigation committee for public educational officials and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Sep. 30, 2011]