LOCAL PUBLIC OFFICIALS ACT

Article 1(Purpose) #

The purpose of this Act is to establish the basic standard for personnel administration, which applies to public officials working in local governments, and to have them operate administration for local autonomy democratically and efficiently.

[This Article Wholly Amended on Dec. 31, 2008]

Article 2(Classification of Public Officials) #

(1) Public officials who work for local governments (referring to local public officials paid by local governments; hereinafter referred to as "public officials") shall be classified as public officials in career service and in non-career service.

(2) The term "public officials in career service" means public officials who are appointed based on their performance and qualifications, whose status is guaranteed and who are expected to serve as public officials for all their life (in the case of public officials appointed based on a fixed period of service, referring to such fixed period), and the classification of such officials shall be as follows: <Amended on Dec. 11, 2012; Dec. 10, 2019>

1. Public officials in general service: Public officials who take charge of technical or research affairs or affairs concerning general administration;

2. Public officials in special service: Public officials designated by other Acts as public officials in special service, who are educational public officials working for public universities or junior colleges, employees specializing in education under the control of the superintendent of education, autonomous police officials, and other public officials in charge of affairs in special fields;

3. Deleted; <Dec. 11, 2012>

(3) "Public officials in non-career service" means public officials, other than those in career service, and the classification of such officials shall be as follows: <Amended on Dec. 11, 2012>

1. Public officials in political service:

(a) Public officials appointed by election or whose appointment is required to be approved by a local council;

(b) Public officials in charge of making high-level policy decisions and other public officials who assist the former, and all of whom designated as public officials in political service in accordance with statutes or regulations or municipal ordinances;

2. Public officials in extraordinary civil service: Public officials designated by statutes or regulations as public officials in extraordinary civil service for them to provide secretarial assistance, such as secretaries and assistant secretaries, or to conduct specific affairs;

3. Deleted; <Dec. 11, 2012>

4. Deleted. <May 23, 2011>

(4) The terms and conditions of and procedures for appointment of public officials in extraordinary civil service under paragraph (3) and their upper age limit for service, and other necessary matters shall be prescribed by Presidential Decree or municipal ordinances. <Amended on May 23, 2011; Dec. 11, 2012>

[This Article Wholly Amended on Dec. 31, 2008]

Article 3(Scope of Application) #

(1) Except as otherwise provided in this Act or other statutes, provisions of this Act applicable to the public officials in non-career service shall be limited to Articles 31, 41 (1), 42, 43, 43-2, 44 through 46, 46-2, 46-3, 47 through 51, 51-2, 52 through 59, 61, 74, 75, 75-2, 76 through 79, 82 and 83. <Amended on May 18, 2015; Jun. 8, 2021>

(2) Notwithstanding paragraph (1), Articles 31 and 61 shall not apply to public officials in political service and Articles 57 and 58 shall not apply to public officials in non-career service prescribed by Presidential Decree.

(3) Article 25-2 shall only apply to public officials prescribed by Presidential Decree and Article 25-3 shall only apply to public officials prescribed by Presidential Decree or municipal ordinance.

(4) Except as otherwise provided in this Act or other Acts, Articles 29-2, 29-3, 30-2, 30-4, 38, 39, 39-2, 39-3, 65-4, 66 and 66-2 shall not apply to public officials appointed based on a fixed period of service pursuant to Article 25-5.

[This Article Wholly Amended on Dec. 11, 2012]

Article 3-2 #

Deleted. <Apr. 20, 1981>

Article 4(Classification of Ranks of Public Officials in General Service) #

(1) Public officials in general service shall be classified into nine ranks ranging from Grade I to Grade IX, and classified into each functional group and each functional category. <Amended on Jun. 8, 2010; May 23, 2011; Dec. 11, 2012>

(2) The classification of ranks or the classification of functional groups and functional categories referred to in paragraph (1) may not apply to the following public officials, as prescribed by Presidential Decree: <Amended on Dec. 11, 2012; May 18, 2015>

1. Public officials engaged in fields of special affairs;

2. Public officials in functional categories of research, guidance or special skills.

(3) Deleted. <Jun. 8, 2010>

(4) A title for each type of duty for each rank under paragraphs (1) and (2) shall be prescribed by Presidential Decree. <Amended on Jun. 8, 2010>

[This Article Wholly Amended on Dec. 31, 2008]

[This Article Wholly Amended on Dec. 11, 2012]

Article 5(Definitions) #

The terms used in this Act are defined as follows:

1. The term "position" means duties and responsibilities to be vested in a public official;

2. The term "class" means a group of positions of substantially similar kind of duties and of substantially similar degrees of difficulty and responsibility, and the positions belonging to the same class shall be treated equally in the qualification for appointment, examination and other aspects of personnel administration;

3. The term "assignment of position" means to assign positions to a class;

4. The term "demotion" means to appoint a person to a lower class within the same functional category or to appoint a person to a lower class in another functional category because there is no lower class in the same functional category;

5. The term "transfer to any other functional category" means any appointment to a different functional category;

6. The term "transference" means a change of any assigned position within the same class;

7. The term "functional group" means a group of occupational categories, the nature of duties of which is similar;

8. The term "functional category" means a group of classes of similar kinds of duties and of different degrees of responsibility and difficulty;

9. The term "functional subcategory" means a group of duties of the same area within the same functional category;

10. The term "class of duties" means a group of positions of very similar degrees of difficulty and responsibility.

[This Article Wholly Amended on Dec. 31, 2008]

Article 6(Appointing Authority) #

(1) The head of a local government [including the superintendent of education in the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as "City/Do"); hereinafter, the same shall apply] and the chairperson of a local council [referring to the chairperson of a City/Do council and the chairperson of a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) local council; hereinafter the same shall apply] shall have the rights of appointment, leave of absence, dismissal and disciplinary action (hereinafter referred to as "right of appointment") of public officials his or her jurisdiction, as prescribed by this Act. <Amended on Oct. 8, 2021>

(2) A person with the right of appointment as provided for in paragraph (1) may delegate part of his or her right to a subsidiary body, the head of an agency affiliated therewith, or the secretary general, the bureau chief or the section chief of the local council, as prescribed by municipal ordinance of the relevant local government. <Amended on Oct. 8, 2021>

(3) An appointing authority (including the person to whom the right is delegated; hereinafter the same shall apply) shall make and keep personnel records of public officials under his or her jurisdiction, as prescribed by Presidential Decree.

[This Article Wholly Amended on Dec. 31, 2008]

Article 6-2(Establishment of Electronic System for Personnel Management) #

(1) The Minister of the Interior and Safety, the head of a local government, or the chairperson of a local council may, for the scientific management of personnel affairs, create and manage a database of personnel records of public officials, and establish and operate an electronic system by which they can deal with personnel affairs electronically. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Oct. 8, 2021>

(2) Matters necessary for the establishment, operation, etc. of the system referred to in paragraph (1) shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Dec. 31, 2008]

Article 7(Establishment of Personnel Committee) #

(1) A personnel committee shall be established under each appointing authority in a local government (excluding a person to whom the right of appointment is delegated, but including the head of an affiliated agency if deemed necessary by the head of a Gu in a Si or by the head of a local government), and where a personnel committee is established under the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor in a City/Do (hereinafter referred to as "Mayor/Do Governor") or the superintendent of education, the first and second personnel committees may be established, if necessary. <Amended on Oct. 8, 2021>

(2) Each personnel committee shall be comprised of not fewer than 16 and not more than 20 members; provided, a personnel committee established under the chairperson of a local council, each personnel committee established in an agency delegated with the right of appointment and each personnel committee established in each local government prescribed by Presidential Decree in consideration of the number of inhabitants of the relevant local government, difficulties in the selection of members, etc. may be comprised of not fewer than seven and not more than nine members. <Amended on Mar. 21, 2012; Oct. 8, 2021>

(3) Where a personnel committee is organized pursuant to paragraph (2), members who are commissioned pursuant to each subparagraph of paragraph (5) shall be at least one half of the total number of its members. <Added on Mar. 21, 2012>

(4) Where two personnel committees are established in a City/Do pursuant to paragraph (1), no person shall concurrently hold positions as a member of the first and second personnel committees; provided, this shall not apply to the head of the bureau in charge of personnel affairs or a subsidiary body equivalent thereto. <Added on Mar. 21, 2012>

(5) Members of each personnel committee shall be appointed or commissioned by the head of a local government or the chairperson of a local council from among public officials under his or her jurisdiction (including the state public officials) and the following persons who have abundant knowledge and experience in personnel administration and matters necessary for qualifying requirements for the members shall be prescribed by Presidential Decree; provided, examiners may be commissioned by the head of an examination administering agency: <Amended on Mar. 21, 2012; Oct. 8, 2021>

1. A person who is qualified as a judge, prosecutor, or attorney-at-law;

2. A person who holds a post of an assistant professor or higher of any university or a post of a principal or deputy principal of any elementary middle or high school;

3. A person retired after serving as a public official (including state public officials) for at least 20 years;

4. A person who has worked as the head of a local branch of a non-profit, non-governmental organization provided for in the Assistance for Non-Profit, Non-Governmental Organizations Act for at least 10 years;

5. A person who is an executive officer of any listed corporation or a person who works as the head of any local organization of a public corporation designated pursuant to Article 5 of the Act on the Management of Public Institutions.

(6) Neither of the following persons may be commissioned as a member of the personnel committee: <Amended on Mar. 21, 2012>

1. A person falling under any of subparagraphs of Article 31;

2. A political party member under the Political Parties Act;

3. A member of a local council.

(7) Each personnel committee member who is commissioned pursuant to paragraph (5) shall hold office for a term of three years and may be consecutively appointed only once. <Amended on Mar. 21, 2012>

(8) A local government may reimburse members of the personnel committee attending its meetings for the actual costs incurred, as prescribed by Municipal Ordinance. <Amended on Mar. 21, 2012>

(9) No member of the personnel committee shall divulge any confidential information learned while performing his or her duties. <Amended on Mar. 21, 2012>

(10) A member of the personnel committee who is not a public official shall be deemed a public official when penalty provisions under the Criminal Act or other Acts are applied in connection with his or her act in the course of performing his or her duties. <Amended on Mar. 21, 2012>

(11) Except as provided in paragraphs (1) through (10), matters necessary for the organization of a personnel committee shall be prescribed by Presidential Decree. <Added on Mar. 21, 2012>

[This Article Wholly Amended on Dec. 31, 2008]

Article 8(Functions of Personnel Committee) #

(1) Personnel committees shall be responsible for the matters under the following subparagraphs: <Amended on Mar. 22, 2010>

1. Prior consideration of recruiting plans for pubic officials and administration of various appointment examinations;

2. Prior resolution of standards for management of assignments of positions and for promotions and transference pursuant to the request of an appointing authority;

3. Prior consideration of promotions;

4. Resolutions on discipline of public officials pursuant to the request of an appointing authority or resolution on imposition (hereinafter referred to as "resolution on discipline, etc.") of disciplinary surcharge (hereinafter referred to as "disciplinary surcharge") under Article 69-2;

5. Prior consideration of the bills of municipal ordinances and municipal rules relating to appointment, training, remuneration, etc. of public officials to be submitted by the head of a local government to the local council;

6. Recommendations given to an appointing authority for improving his or her personnel management;

7. Prior consideration of matters falling under its jurisdiction under other statutes or regulations or municipal ordinances.

(2) The personnel committee may, when it is deemed necessary to perform the function referred to in paragraph (1), request the appointing authority to submit relevant documents and also inspect facts and request witnesses to testify in order to perform clerical work referred to in paragraph (1) 4.

(3) Matters requiring a prior resolution as provided for in paragraph (1) 2, and matters necessary for allocating duties to respective personnel committees where two or more committees are established pursuant to Article 7 (1), shall be prescribed by Presidential Decree.

(4) The procedures for resolutions on discipline, etc. by personnel committees shall be separately prescribed by Presidential Decree. <Amended on Mar. 22, 2010>

[This Article Wholly Amended on Dec. 31, 2008]

Article 9(Agencies in Personnel Committee) #

(1) Each personnel committee shall have a chairperson and a vice-chairperson, respectively, and the chairperson shall be appointed from among the deputy Mayor, the deputy Governor, the deputy superintendent of education, the secretary general of a City/Do council, the deputy head of a Si/Gun/Gu, or the bureau chief or the section chief of a Si/Gun/Gu local council, appointed as a state public official of a City/Do, and the vice-chairperson in the committee shall be elected by the committee from among its members; provided, the chairperson and vice-chairperson in a personnel committee to which the right of appointment is delegated, shall be elected by the personnel committee from among its members. <Amended on Oct. 8, 2021>

(2) Where two or more personnel committees are established in a City/Do pursuant to Article 7 (1), the chairperson of the first personnel committee shall be selected in accordance with the main clause of paragraph (1) and the chairperson of the second personnel committee shall be the deputy Mayor or the deputy Governor (referring to the deputy Mayor or the deputy Governor who takes charge of the work of a specific area under the latter part of Article 123 (6) of the Local Autonomy Act) or the director of the relevant personnel bureau. <Amended on Oct. 8, 2021>

(3) The chairperson of the personnel committee shall represent the committee and be in charge of the business affairs of the committee.

(4) The vice-chairperson of the personnel committee shall assist the chairperson and shall act for the chairperson when the chairperson is unable to perform his or her duties due to any inevitable circumstances.

[This Article Wholly Amended on Dec. 31, 2008]

Article 9-2(Status Guarantee of Members) #

(1) The chairperson, the vice-chairperson and the members of the personnel committee (excluding any chairperson, any vice-chairperson and any member who are public officials; the same shall apply in this Article) shall, where they fail to meet the qualification requirements provided for in each subparagraph of Article 7 (5) or fall under any subparagraph of Article 7 (6), duly resign from their respective posts. <Amended on Mar. 21, 2012>

(2) The chairperson, vice-chairperson and members of the personnel committee shall not be dismissed from their posts against their will unless they are unable to perform their duties on the grounds of their long-time mental and physical exhaustion.

[This Article Wholly Amended on Dec. 31, 2008]

Article 10(Meetings of Personnel Committee) #

(1) Meetings of the personnel committee shall be convened by the chairperson if it is deemed necessary, and the chairperson shall preside over such meetings.

(2) Meetings of each personnel committee shall be comprised of the chairperson and eight members he or she designates at every meeting (in the case of a personnel committee which is established in an agency entrusted with the authority to appoint, the head of such agency shall designate eight members) and members commissioned pursuant to each subparagraph of Article 7 (5) shall be at least one half of the total number of its members; provided, where a personnel committee is comprised of not fewer than seven and not more than nine members pursuant to the proviso of Article 7 (2), meetings of such personnel committee shall be comprised of all the members. <Added on Mar. 21, 2012>

(3) Each personnel committee shall pass a resolution when at least two thirds of constituent members under paragraph (2) attend a meeting and a majority of members present vote for such resolution; provided, minor matters prescribed by Presidential Decree may be deliberated and decided on in writing. <Amended on Mar. 21, 2012>

(4) Other matters necessary for administration of the personnel committee shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Dec. 31, 2008]

Article 10-2(Exclusion from, Challenge to and Voluntary Refrainment by Members of Personnel Committee) #

(1) Where a member of the personnel committee falls under any of the following cases, he or she shall be excluded from deliberation or resolution referred to in Article 8 (1) 3, Article 8 (1) 4 or Article 62; provided, subparagraph 3 shall be limited to deliberation and resolution relating to Articles 8 (1) 4 and 62: <Amended on Jan. 7, 2014>

1. Where the member himself or herself or a person that is or was his or her spouse is a person subject to the relevant deliberation or resolution;

2. Where a person that is or was a relative of the member himself or herself is a person subject to the relevant deliberation or resolution;

3. Where the member himself or herself is an immediate superior of a person subject to the relevant deliberation or resolution or was the person’s immediate superior during the period in which a ground for disciplinary action arose.

(2) Where a person subject to deliberation or resolution referred to in Articles 8 (1) 3, 8 (1) 4 or 62 falls under any of the following cases, he or she may request for challenge against a member, specifying reasons therefor, and the personnel committee shall decide on whether to challenge the relevant member. In such cases, no member against whom the challenge has been filed shall participate in making a decision on such challenge: <Amended on Jan. 7, 2014>

1. Where he or she falls under any of the subparagraphs of paragraph (1) in relation to the member of the personnel committee;

2. Where there are other circumstances under which it is difficult for him or her to expect fairness in deliberation or resolution.

(3) Where a member of the personnel committee becomes aware that he or she is subject to grounds for exclusion under paragraph (1) or grounds for challenge under paragraph (2), he or she may voluntarily refrain from deliberation or resolution referred to in Articles 8 (1) 3, 8 (1) 4 or 62 for himself or herself. In such cases, a member that intends to refrain from deliberation or resolution shall explain grounds therefor. <Amended on Jan. 7, 2014>

[This Article Added on Mar. 21, 2012]

Article 10-3(Appointment of Temporary Members) #

(1) Where the number of members who may participate in deliberation or resolution is less than 2/3 of constituent members of a meeting of the personnel committee under Article 10 (2) due to exclusion, challenge or voluntary refrainment of members of the personnel committee under Article 10-2, the head of a local government and the chairperson of a local council shall appoint or commission temporary members until the number of members reaches 2/3 of the number of constituent members and have them participate in the relevant deliberation or resolution. <Amended on Oct. 8, 2021>

(2) Article 7 (5) and (8) through (10) shall apply mutatis mutandis to qualifications for temporary members, reimbursement for actual costs and prohibition against divulgence of confidential information, and paragraph (6) of the said Article shall apply mutatis mutandis to grounds for disqualification.

[This Article Added on Mar. 21, 2012]

Article 11(Clerical Staff in Personnel Committee) #

(1) The personnel committee shall have a few administrative secretaries and clerks.

(2) The head of a local government and the chairperson of a local council shall respectively appoint administrative secretaries and clerks among the public officials under his or her jurisdiction. <Amended on Oct. 8, 2021>

(3) An administrative secretary shall execute matters under the supervision of the committee chairperson, and the clerk shall assist the administrative secretary.

[This Article Wholly Amended on Dec. 31, 2008]

Article 12 #

Deleted. <May 31, 1991>

Article 13(Establishment of Appeals Commission) #

(1) In order to examine and decide on any appeal regarding a disciplinary action against a public official under the jurisdiction of the head of a local government, or other unfavorable disposition or omission against his or her will, a local appeals commission and an education appeals commission (hereinafter referred to as "appeals commission") shall be established in each City/Do for each appointing authority (excluding the chairperson of a City/Do council and persons delegated with the right of appointment).

(2) An appeal regarding a disciplinary action against a public official under the jurisdiction of the chairperson of a local council, or other unfavorable disposition or omission against his or her will shall be examined, and decided on, by a local appeals commission under paragraph (1).

[This Article Wholly Amended on Oct. 8, 2021]

Article 14(Members of Appeals Commission) #

(1) Each appeals commission shall be comprised of not fewer than 16 and not more than 20 members. In such cases, members who are commissioned pursuant to paragraph (2) 1 and 2 shall be at least 1/2 of the total number of its members. <Amended on Mar. 21, 2012>

(2) The committee members shall be appointed or commissioned by the Mayor/Do Governor, or the superintendent of education, from among the following persons; provided, members of the personnel committee, party members under the Political Parties Act, local council members, and persons falling under any of the subparagraphs of Article 31 shall not be members of the appeals commission: <Amended on Oct. 8, 2021>

1. A judge, public prosecutor or attorney-at-law;

2. A person employed for the position of an associate professor or higher, teaching law at a university;

3. A public official of a director-general level or higher under the jurisdiction of a Mayor/Do Governor or the superintendent of education;

4. A public official of a director level or higher under the jurisdiction of the chairperson of a City/Do council.

(3) Each personnel committee member who is commissioned pursuant to paragraph (2) shall hold office for a term of 3 years and may be consecutively appointed only once. <Amended on Mar. 19, 2024>

(4) Meetings of the appeals commission shall be comprised of the chairperson and six members whom the Mayor/Do Governor or the superintendent of education of the City/Do designates at every meeting. In such cases, members who are commissioned pursuant to paragraph (2) 1 and 2 shall be at least five persons. <Added on Mar. 21, 2012>

(5) A local government may reimburse members of the committee who attend meetings for actual costs, as prescribed by municipal ordinance. <Amended on Mar. 21, 2012>

(6) A member of the committee who is not a public official shall be deemed a public official when penalty provisions under the Criminal Act or other Acts apply with respect to his or her duties. <Amended on Mar. 21, 2012>

(7) Except as provided in paragraphs (1) through (6), matters necessary for the operation of the appeals commission shall be prescribed by Presidential Decree. <Amended on Mar. 21, 2012>

[This Article Wholly Amended on Dec. 31, 2008]

Article 15(Chairperson of Appeals Commission) #

(1) The appeals commission shall have a chairperson, elected from among commissioned members of the commission who fall under Article 14 (2) 1 or 2.

(2) The chairperson of the appeals commission shall represent the commission and be in charge of the affairs thereof.

(3) When the chairperson is unable to perform his or her duties due to any inevitable circumstances, the committee member nominated in advance by the chairperson shall act on his or her behalf.

[This Article Wholly Amended on Dec. 31, 2008]

Article 15-2(Guarantee of Status of Members) #

(1) No commissioned members of the appeals commission shall be dismissed from post against their will unless they are unable to perform their duties on the grounds of imprisonment without labor or more severe punishment or their long-time mental and physical exhaustion.

(2) When a member of the appeals commission falls under any of the grounds for disqualification under the proviso of Article 14 (2), such member shall duly resign from the post.

[This Article Added on Dec. 31, 2008]

Article 16(Clerical Staff of Appeals Commission) #

(1) The appeals commission shall have administrative secretaries and clerks.

(2) An administrative secretaries and clerks shall be appointed by the Mayor/Do Governor or the superintendent of education from among public officials under his or her jurisdiction.

(3) An administrative secretary shall take charge of the affairs of the appeals commission under the supervision of the chairperson, and a clerk shall assist the administrative secretary.

[This Article Wholly Amended on Dec. 31, 2008]

Article 17(Examination of Appeals Commission) #

(1) The appeals commission shall, upon receipt of a petition under this Act, examine it without delay.

(2) If it is deemed necessary in conducting the examination referred to in paragraph (1), the appeals commission may examine the facts, summon witnesses, or order the submission of relevant documents.

(3) If the appeals commission summons any public official affiliated with the agency demanding disciplinary action or other relevant agency as a witness to examine any petition case, the head of such agency shall comply with such request.

(4) The appeals commission may, if necessary, entrust a person of special knowledge and experience to undertake a verification or appraisal.

(5) When the appeals commission summons a witness who is a public official, it shall reimburse him or her actual costs incurred, as prescribed by Presidential Decree.

[This Article Wholly Amended on Dec. 31, 2008]

Article 18(Right to Statement of Petitioner) #

(1) The appeals commission shall, in conducting an examination on a petition case, give the petitioner, or his or her representative, an opportunity to state his or her opinion, as prescribed by Presidential Decree.

(2) Any decision made without providing an opportunity to make a statement under paragraph (1) above shall be null and void.

[This Article Wholly Amended on Dec. 31, 2008]

Article 19(Decision of Appeals Commission) #

(1) Any decision on a petition shall be made at a meeting with 2/3 of the constituent members under Article 14 (4) presenting by a concurrent vote of a majority of the members present thereat, but if opinions are divided and an agreement of a majority of the members present is not reached, the number of opinions that are most unfavorable to a petitioner shall be added to the number of opinions that are next most unfavorable, to be voted upon until a majority is attained; the opinion most favorable to the petitioner, which is held within the majority group, shall be deemed a concurrent opinion. <Amended on Mar. 21, 2012; Jun. 8, 2021>

(2) Where intending to cancel or change a disciplinary action equivalent to removal, release from office, degradation, or suspension from office and to verify the validity or existence thereof, the attendance of at least two-thirds of the members under Article 14 (4) and the agreement of at least two-thirds of the members present are required, notwithstanding paragraph (1). In such cases, specific decisions are subject to the agreement of a majority of the members present, but if opinions are divided and an agreement of a majority of the members present is not reached, the number of opinions that are most unfavorable to a petitioner shall be added to the number of opinions that are next most unfavorable, to be voted upon until a majority is attained; the opinion most favorable to the petitioner, which is held within the majority group, shall be deemed a concurrent opinion. <Added on Jun. 8, 2021>

(3) No member of the appeals commission may become a witness for a petition pending before the committee and shall be excluded from the review and decision in any petition related to the following matters: <Amended on May 23, 2011; Jun. 8, 2021>

1. Matters related to the member himself or herself;

2. Matters related to a person who was or is a relative of the relevant member.

(4) In any of the following cases, a party to a petition may file a request for the challenge to a member of the appeals commission by clearly stating the reasons thereof, and the appeals commission shall decide on whether to challenge the relevant member. In such cases, no member to whom a request for the challenge is filed shall participate in making a decision on the challenge: <Added on May 23, 2011; Jun. 8, 2021>

1. Where any of the grounds for exclusion under paragraph (3) is applicable to the member of the appeals commission;

2. Where any ground exists by which it would be difficult to expect the impartial review and decision.

(5) The appeals commission shall make decisions as follows: <Amended on May 23, 2011; Jun. 8, 2021 >

(6) The appeals commission shall make decisions as follows: <Amended on May 23, 2011; Jun. 8, 2021>

1. If a request for review is not permissible under this Act or other Acts, it shall be dismissed;

2. If a request for review is deemed groundless, it shall be rejected;

3. If it is deemed that a request for review to have an action cancelled or changed, is made for reasonable grounds, such action shall be cancelled or changed, or an administrative agency rendering such action shall be ordered to cancel or change it;

4. If a request for review seeking confirmation of validity of an action or seeking confirmation of existence of an action is deemed to have reasonable grounds, it shall be confirmed as requested;

5. If a request for review seeking performance of an obligation as regards illegal or unreasonable refusal or omission is deemed to have reasonable grounds, an action shall be taken, without delay, in compliance with such request, or an order shall be issued to do so.

(7) No decision by the appeals commission ordering cancellation or change of an action shall affect any resolution on discipline or imposition of disciplinary surcharges (hereinafter referred to as "disciplinary action, etc") previously taken, until new disciplinary actions or other measure are taken according to such order. <Amended on Mar. 22, 2010; May 23, 2011; Jun. 8, 2021>

(8) When the appeals commission examines a petition upon a request of a person aggrieved by a disciplinary action, it shall not make a decision imposing a disciplinary punishment heavier than that imposed by the initial disciplinary action. <Amended on Mar. 22, 2010; May 23, 2011; Jun. 8, 2021>

(9) Each decision of the appeals commission shall be made in writing, specifying the grounds thereof. <Amended on May 23, 2011; Jun. 8, 2021>

[This Article Wholly Amended on Dec. 31, 2008]

Article 19-2(Appointment of Temporary Members) #

(1) If the number of the members who are able to participate in the deliberation and decision is less than three due to exclusion, challenge or voluntary refrainment of any member of the appeals commission referred to in Article 19 (3) through (5), the Mayor/Do Governor or the superintendent of education shall appoint temporary members until the number becomes three and have them participate in deliberating on and deciding the relevant case. <Amended on Jun. 8, 2021>

(2) Each subparagraph of Article 14 (2) and paragraphs (5) and (6) of the same Article shall apply mutatis mutandis to qualifications for temporary members, reimbursement for actual costs, etc., and the proviso of Article 14 (2) shall apply mutatis mutandis to reasons for disqualification. <Amended on Mar. 21, 2012>

[This Article Added on May 23, 2011]

Article 20(Effect of Decision) #

Each decision of the appeals commission under Article 19 shall bind the administrative agency which renders the action in question.

[This Article Wholly Amended on Dec. 31, 2008]

Article 20-2(Relation with Administrative Litigation) #

No administrative litigation over any action under Article 67, any other unfavorable action against a person's will, or any omission may be lodged without undergoing deliberation and decision by the appeals commission.

[This Article Wholly Amended on Dec. 31, 2008]

Article 21(Procedures for Petition) #

The institution, examination and decision on a petition, and other matters necessary for the procedures for petition shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Dec. 31, 2008]

Article 22(Establishment of Position Classification System) #

(1) Except as provided in this Act, matters concerning the position classification system shall be prescribed by Presidential Decree.

(2) With respect to the position classification system referred to in paragraph (1), all of the positions subject to the system shall be classified by functional group, functional category, class, or class of duties, according to the kinds of duties and the degrees of difficulty and responsibility, and the positions that belong to the same class or the same class of duties shall be classified so as to require the same qualification requirements and to ensure payment of the same or similar remunerations.

[This Article Wholly Amended on Dec. 31, 2008]

Article 22-2(Analysis of Duties) #

(1) The appointing authority may, when it is deemed necessary to manage personnel affairs reasonably, conduct analysis of duties.

(2) Necessary matters concerning conducting analysis of duties referred to in paragraph (1) and the practical use of the results thereof shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Dec. 31, 2008]

Article 23(Assignment of Positions) #

(1) The head of a local government and the chairperson of a local council shall assign all positions subject to the position classification system to any of classes or classes of duties, as prescribed by Presidential Decree. <Amended on Oct. 8, 2021>

(2) The head of a local government and the chairperson of a local council shall re-examine the assignment of positions under paragraph (1), as prescribed by Presidential Decree, and, if it is deemed necessary, he or she shall correct it. <Amended on Oct. 8, 2021>

[This Article Wholly Amended on Dec. 31, 2008]

Article 24(Implementation of Position Classification System) #

The position classification system for the general service may be implemented gradually starting from the easiest one to implement, as prescribed by Presidential Decree.

[This Article Wholly Amended on Dec. 31, 2008]

Article 25(Criteria for Appointment) #

Appointment of public officials shall be made based upon results of examination, career appraisal, records of service and other capabilities proved; provided, the head of a local government and the chairperson of a local council may take an affirmative action aimed at providing the physically handicapped, persons who have majored in science and technology, persons in the low-income bracket, and caregivers of multiple children, etc. with preferential treatments in their appointments, promotions and transferences and practically promoting gender equality when he or she manages his or her personnel affairs, as prescribed by Presidential Decree. <Amended on Oct. 8, 2021; Dec. 31, 2024>

[This Article Wholly Amended on Dec. 31, 2008]

Article 25-2(Appointment of Foreigners and Persons with Multiple Nationalities) #

(1) The head of a local government and the chairperson of a local council may appoint foreigners as public officials to the posts of fields not relating to national security or confidential or secret information, as prescribed by Presidential Decree. <Amended on May 23, 2011; Oct. 8, 2021>

(2) The head of a local government and the chairperson of a local council may restrict the appointment of persons with multiple nationalities (referring to a person with the nationality of the Republic of Korea and that of a foreign country concurrently; hereinafter the same shall apply) as public officials to the posts falling under any of the following fields prescribed by Presidential Decree: <Added on May 23, 2011; Oct. 8, 2021>

1. The fields relating to the security of the State for the existence of the State and the maintenance of fundamental order under the Constitution;

2. The fields relating to security or confidential information, the disclosure of which could cause impairment of the interest of the State or a local government;

3. The fields where the appointment of a person with multiple nationalities is not proper, such as diplomacy, a field where policies relating to the interest between the states are decided and implemented etc.

[This Article Wholly Amended on Dec. 31, 2008]

[Title Amended on May 23, 2011]

Article 25-3(Appointment of Person subject to Shorter Working Hours) #

In consideration of the characteristics of duties, the circumstances of an agency, etc., the head of a local government and the chairperson of a local council may appoint new public officials or public officials under his or her jurisdiction to work for shorter hours than usual, as prescribed by Presidential Decree or municipal ordinances. <Amended on May 23, 2011; Oct. 8, 2021>

[This Article Wholly Amended on Dec. 31, 2008]

Article 25-4(Recommendation, Employment and Probationary Service of Talented Human Resources) #

(1) Each appointing authority may recommend and select high school graduates or graduates-to-be whose academic performance are excellent, and have them serve on probation for not more than three years in order to attract talented human resources to public service, and appoint those whose service performance and qualification during the term of probation are deemed excellent as public officials in general service. <Amended on Dec. 11, 2012; May 18, 2015; Jun. 8, 2021>

(2) Any person who falls under any subparagraph of Article 31 shall be prohibited from serving on probation under paragraph (1), and a person on probation shall lose his or her eligibility to serve on probation if he or she falls under any subparagraph of Article 31. <Added on May 18, 2015>

(3) A person who works as a probationary public official pursuant to paragraph (1) shall be deemed a public official when he or she engages in an official act or penalty provisions under the Criminal Act and other Acts apply to him or her. <Amended on May 18, 2015>

(4) Methods for recommendation and selection, the term of probation, appointed class, etc. under paragraph (1) shall be prescribed by Presidential Decree. <Amended on May 18, 2015>

[This Article Added on Mar. 21, 2012]

[Title Amended on Jun. 8, 2021]

Article 25-5(Public Officials Appointed Based on Fixed Period of Service) #

(1) When the head of a local government and the chairperson of a local council appoint a public official in career service in order to have him or her take charge of affairs requiring expert knowledge and technology, or speciality in the management of appointment, he or she may appoint a public official who serves within a fixed certain period (hereinafter referred to as "public official with a fixed term of office"). <Amended on Oct. 8, 2021>

(2) The terms and conditions of and procedures for appointment of a public official with a fixed term of office, an upper age limit for service and other necessary matters shall be prescribed by Presidential Decree.

[This Article Added on Dec. 11, 2012]

Article 25-6(Prohibition of Discrimination) #

When an appointing authority appoints public officials under his or her jurisdiction, he or she shall not discriminate against them on the grounds of sex, religion, social status, etc., without reasonable grounds.

[This Article Added on Jan. 29, 2020]

Article 26(Method of Filling Vacancy) #

A vacancy in a position of public officials shall be filled by means of new appointment, promotion, demotion, or change or transference by the appointing authority.

[This Article Wholly Amended on Dec. 31, 2008]

Article 27(New Appointment) #

(1) New public officials shall be appointed through an open competitive examination. <Amended on May 23, 2011>

(2) Notwithstanding paragraph (1), in any of the following cases, public officials may be appointed by means of an examination for which the prerequisite for taking the examination is determined and through which an appointment is made by means of competition among many persons falling under the same causes (hereinafter referred to as "career-competitive examination for appointment"); provided,, in cases prescribed by Presidential Decree, among cases falling under any of subparagraphs 1, 3, 4, 5, 7 and 10, if an examination targeted for many persons is not proper, public officials may be appointed through an examination that is not targeted for many persons: <Amended on May 23, 2011; Mar. 21, 2012; Dec. 11, 2012; Mar. 23, 2013; Nov. 19, 2014; May 18, 2015; Jul. 26, 2017; Mar. 20, 2018; Dec. 31, 2024>

1. Where a public official in career service who retired due to grounds prescribed in Article 62 (1) 1 or due to the expiration of period of a leave of absence prescribed in Article 63 (1) 1 is reappointed, within three years (five years in cases of a leave of absence due to an injury or disease in the line of duty under the Public Officials’ Accident Compensation Act) after the date of his or her retirement, to the career service in the same class as the class he or she had been in at the time of retirement, or where a public official in career service who retired to work as a public official in non-career service or in other kinds of career service is reappointed to the career service in the same class as the class he or she had been in at the time of retirement;

2. Where a person holding a certificate of qualification relating to duties, in relation to which any appointment is to be made, is appointed, when it is inadequate to appoint any person through an open competitive examination for appointment;

3. Where a person whose service career in a position or class same as a class or position to which he or she is to be appointed or whose service period or research career equivalent to a class or position to which he or she is to be appointed is at least the period prescribed by Presidential Decree, is appointed;

4. Where a person, who has graduated from any school prescribed by Presidential Decree from among schools (including graduate schools) established for a special purpose related to a position, in relation to which any appointment is to be made, and has completed on-the-job training at a national agency or local government, is appointed;

5. Where a public official in Grade I is appointed;

6. Where a person is appointed to work in an unusual field of service or environment or in an unusual geographic area, such as an island, a remote country place, etc., and it is difficult to fill the vacancy through an open competitive examination for appointment;

7. Where a state public official is appointed as a local public official in a corresponding class and position (referring to positions, the degrees of difficulty and responsibility of which are similar to those of the relevant position, in cases of a public official that belongs to the Senior Executive Service);

8. Where a person, who has graduated from any of academic departments prescribed by Presidential Decree from among academic departments in the fields of industry, arts, and history in high schools, junior colleges or universities (including graduate schools) relevant to a position to which he or she is to be appointed and who is recommended by the head of a relevant school, is appointed as a public official in any functional category of research or science technical skills, as prescribed by the Minister of Education or the Minister of the Interior and Safety;

9. Where a person, who has a career of research or service in any scientific and technical field prescribed by Presidential Decree related to a position to which he or she is to be appointed or in any similar area of special expertise, is appointed;

10. Where a person, who has completed his or her probationary service pursuant to Article 25-4 and a person who has graduated from a school and received a scholarship under Article 41-4 while enrolled, is appointed;

11. Where a person proficient in any foreign language, well grounded in international affairs, and equipped with expert knowledge is appointed;

12. Where a person that resides in a specified area is appointed to an agency located in the same area, in consideration of the place of his or her residence or regional peculiarity;

13. Where a person that has obtained Korean citizenship by naturalization under Articles 4 and 8 of the Nationality Act or North Korean defector under subparagraph 1 of Article 2 of the North Korean Refugees Protection and Settlement Support Act is appointed.

(3) Deleted. <May 23, 2011>

(4) In cases of a career-competitive examination for appointment and examination under the proviso, with exception of the subparagraph, of paragraph (2) (hereinafter referred to as "career-competitive examination for appointment, etc." in this Article), any person that has retired on the grounds referred to in Article 62 (1) 1 may be preferentially appointed, and matters necessary for the classes or positions to which public officials may be appointed based on the career-competitive examination for appointment, etc., qualifications required for applying for examinations for each position or class, and examinations, etc. shall be prescribed by Presidential Decree. <Amended on May 23, 2011; Dec. 11, 2012; Jan. 7, 2014>

(5) Anyone appointed through a career-competitive examination for appointment under paragraph (2) 6, 11, 12 or 13 may not change his or her position, or may not be transferred to any agency or any local government, other than that to which he or she is appointed, for five years, and if he or she retires within five years, his or her service career shall not be counted in the service or research record necessary for the career-competitive examination for appointment under paragraph (2) 3; provided, the same shall not apply where local public officials are transferred to any other functional category, other positions or other local governments due to any of the following grounds, such as abolition of a position or over-staffing or where any local public officials are dismissed ex officio in accordance with Article 62 (1) 1: <Amended on May 23, 2011; Mar. 21, 2012>

1. Abolition, establishment, division or merger of local governments;

2. Reorganization or abolition of any office or position and the fixed number of positions;

3. Reduction of budgets.

(6) Where the head of a local government or the chairperson of a local council intends to appoint a state public official through a career-competitive examination for appointment pursuant to paragraph (2) 7, he or she shall obtain the consent of the head of the State agency to which the relevant state public official belongs. <Amended on Oct. 8, 2021>

[This Article Wholly Amended on Dec. 31, 2008]

Article 28(Probationary Appointment) #

(1) In cases of new appointments of public officials of Grade V (including public officials whose grade is equivalent to Grade V among public officials to whom the classification of ranks or the classification of functional groups and functional category referred to in Article 4 (1) does not apply pursuant to paragraph (2) of the said Article; hereinafter the same shall apply), they shall first be appointed as a probationer for a period of one year, and in cases of those of Grade VI or lower (including public officials whose grade is equivalent to Grade VI or lower among public officials to whom the classification of ranks or the classification of functional groups and functional category referred to in Article 4 (1) does not apply pursuant to paragraph (2) of the said Article; hereinafter the same shall apply), for six months, and they shall be appointed as regular public officials in consideration of their service or training results and their quality as public officials during such period; provided, in cases prescribed by Presidential Decree, the probationary appointment may be exempted, or the period may be shortened. <Amended on Dec. 11, 2012; May 18, 2015>

(2) The period of a leave of absence, the period of release from position, or the period of suspension from office or reduction of wage by disciplinary action shall not be counted in the period of probationary appointment referred to in paragraph (1).

(3) Notwithstanding Articles 60 and 62, a public official who serves for the period of probationary appointment may be dismissed if he or she produces poor service or training results or is deemed to lack qualification as a public official in violation of this Act or an order issued under this Act. In such cases, necessary matters concerning detailed grounds, procedures, etc. shall be prescribed by Presidential Decree. <Amended on May 18, 2015>

[This Article Wholly Amended on Dec. 31, 2008]

Article 29 #

Deleted. <Apr. 20, 1981>

Article 29-2(Transfer to Any Other Functional Category) #

Where a public official intends to change position, he or she shall pass an examination for a transfer to any other functional category; provided, in cases prescribed by Presidential Decree, such examination may be exempted.

[This Article Wholly Amended on Dec. 31, 2008]

Article 29-3(Transfers) #

Where the head of a local government or the chairperson of a local council intends to transfer a public official, he or she shall obtain the consent of the head of the local government or the chairperson of the local council to which the relevant public official belongs.

[This Article Wholly Amended on Oct. 8, 2021]

Article 29-4(Open Positions) #

(1) With respect to positions which require the appointment of qualified persons from within or outside of the official positions as specialty is particularly required or as deemed necessary for the efficient policy-making, the appointing authority may designate and operate them as open positions. <Amended on Dec. 11, 2012; Dec. 31, 2024>

(2) The appointing authority shall, with respect to open positions under paragraph (1), set the requisites for performance of duties for each position in view of the details, peculiarity, etc. of such duties, as prescribed by Presidential Decree, and appoint persons satisfying such requisites.

(3) The appointing authority shall, where he or she intends to designate or alter an open position or to set or alter the requisites for performance of duties for each position, undergo the deliberation and a resolution of the relevant personnel committee.

(4) The selection examination for candidates to be appointed to the open positions shall, notwithstanding the provisions of Article 32 (3) and (4), be administered by the personnel committee of the relevant local government.

(5) Other matters necessary for the operation, etc. of open positions shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Dec. 31, 2008]

Article 29-5(Publicly Filled Positions) #

(1) With respect to positions, from among the positions at the relevant agency, which are necessary to be filled by qualified public officials from among public officials (including the national public officials) inside and outside the relevant agency in order to manage its affairs efficiently, the appointing authority may designate and manage such positions as publicly filled positions.

(2) The appointing authority shall, with respect to the publicly filled positions referred to in paragraph (1), determine the requirements for performing the duties, by taking into account the details and characteristics of the duties by position, and then appoint persons who meet such requirements.

(3) Necessary matters concerning the operation, etc. of the publicly filled positions shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Dec. 31, 2008]

Article 30(Preferential Appointment of Persons Passing Open Competitive Examination and Coordination in Filling Vacancy) #

(1) In filling any vacancy, each appointing authority shall make appointments with priority given to those who have successfully passed open competitive examinations for selection or promotion.

(2) In filling any vacancy of public officials of Grade V or higher in any local government, the Minister of Education or the Minister of the Interior and Safety may make adjustments to maintain an adequate balance in the number of persons who pass open competitive selection examinations, open competitive promotion examinations, or general promotion examinations. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

[This Article Wholly Amended on Dec. 31, 2008]

Article 30-2(Personnel Exchange) #

(1) If deemed necessary for exchanging personnel between the Ministry of Education or the Ministry of the Interior and Safety and a local government, or between local governments of a different City/Do for the balanced arrangement of human resources and the administrative development in local governments, the Minister of Education or the Minister of the Interior and Safety may prepare a personnel exchange plan according to the personnel exchange guidelines determined by the personnel exchange council established under the Ministry of Education or the Ministry of the Interior and Safety, and may recommend the head of the relevant local government or the chairperson of the relevant local council to exchange their personnel. In such cases, the head of the relevant local government or the chairperson of the relevant local council shall comply with such recommendation, except in extenuating circumstances. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Oct. 8, 2021>

(2) If deemed necessary for exchanging personnel between different agencies of the relevant City/Do or the Si/Gun/Gu under the jurisdiction, between the relevant City/Do and the Si/Gun/Gu under the jurisdiction, between the Sis/Guns/Gus under the jurisdiction, or between the relevant City/Do or the Si/Gun/Gu under the jurisdiction and educational or research institutes or public institutions, the Mayor/Do Governor or the chairperson of the City/Do council may prepare a personnel exchange plan on the basis of the personnel exchange guidelines determined by the personnel exchange council under the jurisdiction of the competent Mayor/Do Governor or chairperson of the City/Do council and may recommend the heads of the relevant subordinate local governments, etc. to exchange the personnel. In such cases, the heads of the relevant local government, etc. shall comply with such recommendation, except in extenuating circumstances. <Amended on Dec. 29, 2015; Oct. 8, 2021>

(3) Persons subject to the personnel exchange under paragraphs (1) and (2) shall be prescribed by Presidential Decree, and the organization and operation of the personnel exchange council, the personnel exchange procedure and other matters necessary for personnel exchange shall be prescribed by Ministerial Decree of the Education, Ministerial Decree of the the Interior and Safety, or ordinance or rule of the relevant City/Do. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Oct. 8, 2021>

[This Article Wholly Amended on Dec. 31, 2008]

Article 30-3(Concurrent Holding of Office) #

If positions and duties are similar, and it is deemed not to be an impediment in carrying out the relevant duties, concurrent office holding may be allowed between public officials in career service, or between public officials in career service and executives and employees of relevant education and research institutions or other institutions or organizations prescribed by Presidential Decree. <Amended on Dec. 11, 2012; Jun. 8, 2021>

[This Article Wholly Amended on Dec. 31, 2008]

Article 30-4(Dispatch for Service) #

(1) If deemed necessary for administrative assistance, training, or capability improvement with respect to the performance of duties, the appointing authority may dispatch any public officials under his or her jurisdiction to other agencies within his or her local government, other local governments, State agencies, public organizations, institutions falling under any of subparagraphs of Article 4 (1) of the Act on the Management of Public Institutions (including local government-directly operated enterprises, local government-invested public corporations, and local public corporations under the Local Public Enterprises Act), domestic or foreign educational or research institutions, or other institutions to serve for a certain period, and, if deemed necessary for the efficient performance of any duties especially requiring expertise, he or she may have any agency or organization other than local governments dispatch its executive officers or employees to any agency under his or her jurisdiction, if so decided by the relevant personnel exchange committee.

(2) If the reason for which any public official is dispatched disappears, or if it seems impossible to attain the object of his or her dispatch, the dispatching authority shall, without delay, have the dispatched public official return to the agency to which he or she originally belonged.

(3) Executive officers and employees dispatched by any agency or organization other than local governments pursuant to paragraph (1) shall be deemed public officials in carrying out their duties. The same shall apply in applying penal provisions of the Criminal Act or other Acts.

(4) Where public officials are dispatched for service or where executive officers or employees of an agency or organization, other than a local government, are dispatched for service, the reason, period, and procedures of the dispatch, the service during the dispatch period, and other necessary matters shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Dec. 31, 2008]

Article 30-5(Principles in Management of Positions) #

(1) Except as otherwise in statutes or regulations, the appointing authority shall assign a position corresponding to the class of a subordinate public official, in consideration of the class of the subordinate public official and the kind of duties; provided, in consideration of qualifications, career, etc., a specific position equivalent thereto shall be assigned to public officials to whom the classification of ranks or the classification of functional groups or functional category does not apply pursuant to Article 4 (2) 1. <Amended on Dec. 11, 2012>

(2) In assigning a position to a public official, the position shall be one which conforms to his or her qualifications, when taking into consideration the major field of his or her study, training, service career, specialty, aptitude, etc. In such cases, matters necessary for the criteria for managing assignment of positions shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Dec. 31, 2008]

Article 31(Grounds for Disqualification) #

None of the following persons shall be appointed as a public official: <Amended on Mar. 22, 2010; Aug. 6, 2013; Dec. 24, 2015; Oct. 16, 2018; Jan. 12, 2021; Dec. 27, 2022; Mar. 19, 2024; Dec. 31, 2024>

1. Where a cooperative member is declared a person under adult guardianship;

2. A person declared bankrupt and not yet reinstated;

3. A person for whom 5 years have not passed since his or her imprisonment without labor or heavier punishment declared by a court was completely executed (or is deemed completely executed) or exempted;

4. A person for whom 2 years have not passed since the period of suspension of imprisonment without labor or heavier punishment sentenced onto him or her ended;

5. A person who is under suspension of the sentence of his or her imprisonment without labor or a heavier punishment declared by a court;

6. A person disqualified, or whose qualification is suspended, pursuant to a decision of a court or other Acts;

6-2. A person who committed any offense prescribed in Articles 355 and 356 of the Criminal Act in connection with his or her duties while in office as a public official, and was sentenced to a fine of at least three million won, and for whom two years have not passed since such sentence became final;

6-3. A person who committed any of the following offenses and was sentenced to a fine of at least one million won, and for whom three years have not passed since such sentence became final and conclusive:

(a) Sexual crimes under Article 2 of the Act on Special Cases concerning the Punishment of Sexual Crimes;

(b) Crimes prescribed in Article 74 (1) 2 and 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection;

(c) Crimes of stalking under subparagraph 2 of Article 2 of the Act on Punishment of Crime of Stalking;

6-4. A person who has committed a sexual crime defined in Article 2 of the Act on Special Cases concerning the Punishment of Sexual Crimes against a minor or a sexual crime against a child or youth defined in subparagraph 2 of Article 2 of the Act on the Protection of Children and Youth against Sex Offenses, in whose case 20 years have not passed since the following date:

(a) The day on which the execution of his or her imprisonment without labor or greater punishment declared by a court was completely executed (including where the execution is deemed to have been completed) or exempted;

(b) The day on which the suspension of execution of sentence of imprisonment without labor or heavier punishment is declared by a court becomes final and conclusive;

(c) The day on which he or she was sentenced to a fine or heavier punishment and his or her sentence becomes final and conclusive;

(d) The day on which the execution of medical treatment and custody declared by a court is completed or exempted;

(e) The date on which he or she is subjected to a disposition of removal or dismissal by disciplinary action;

7. A person who was removed from his or her office by a disciplinary action and for whom five years have not passed thereafter;

8. A person who was released from his or her office by a disciplinary action and for whom three years have not passed thereafter.

[This Article Wholly Amended on Dec. 31, 2008]

[Article 6-4 which was decided inconsistent with the Constitutional Court on Jun. 29, 2023 pursuant to Act No. 20621 on Dec. 31, 2023 was amended]

Article 31-2(Separate Sentence of Punishment of Fine) #

Notwithstanding Article 38 of the Criminal Act, where a fine is imposed on concurrent crimes for the crime prescribed in the items of subparagraph 6-2 or 6-3 of Article 31 and any other crime, a separate sentence shall be imposed thereon. <Amended on Dec. 29, 2015; Dec. 27, 2022>

[This Article Added on Jan. 7, 2014]

Article 32(Administering Examinations) #

(1) Any examination for selecting new public officials of Grades VI and VII and public officials to whom the classification of ranks or the classification of functional groups or functional category does not apply pursuant to Article 4 (2) 1 shall be administered by the relevant City/Do personnel committee established in each City/Do; provided, any examination for selecting new public officials in research and education service for development of an agricultural community shall be administered by an agency designated separately by Presidential Decree. <Amended on Dec. 11, 2012; Oct. 8, 2021>

(2) Any examination for selecting new public officials of Grades VIII and IX, for promotion to Grades VI, VII and VIII, and for change of a position of public officials of Grades VI, VII, VIII and IX shall be administered by a personnel committee in the relevant local government. <Amended on Dec. 11, 2012>

(3) Various examinations for selecting public officials of Grade V or higher shall be administered by an agency designated by Presidential Decree.

(4) Notwithstanding paragraph (3), any career-competitive examination for appointment of a person holding a qualification certificate related to a position to which such person is to be appointed shall be administered by each relevant City/Do personnel committee. <Amended on May 23, 2011; Oct. 8, 2021>

(5) If no candidate for appointment or promotion under Articles 36 and 39 exists, or if it is deemed especially necessary for performing the personnel administration, the appointing authority may appoint a person who passed an examination administered by the State, a local government or an institution of the relevant local government, corresponding to the examination for appointment and promotion for a position, by treating him or her as a person who has passed such examination for appointment and promotion for such position. <Amended on Oct. 8, 2021>

(6) If it is deemed necessary for maintaining excellent human resources and managing examinations, the chairperson of a City/Do council or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) may entrust the administration of examinations to the personnel committee under the jurisdiction of the Mayor/Do Governor, notwithstanding paragraph (1), (2) or (4).<Amended on Oct. 8, 2021>

(7) If it is deemed necessary for maintaining excellent human resources and managing examinations, the chairperson of a Si/Gun/Gu council may entrust the administration of examinations to the personnel committee under the jurisdiction of the Mayor/Do Governor, the personnel committee under the jurisdiction of the chairperson of the City/Do council, or the personnel committee under the jurisdiction of the head of the Si/Gun/Gu, notwithstanding paragraph (2). <Added on Oct. 8, 2021>

(8) If deemed necessary for the securing of excellent human resources or the management of examinations, an appointment authority may entrust a person prescribed by Presidential Decree, such as the Minister of Personnel Management, with the preparation of an examination for appointment. <Added on Mar. 19, 2024>

[This Article Wholly Amended on Dec. 31, 2008]

Article 33(Principle of Equality) #

Any examination for appointment through open competition shall be open equally to all citizens having the equal qualification, and the time and place of examinations shall be decided in consideration of the convenience of applicants therefor.

[This Article Wholly Amended on Dec. 31, 2008]

Article 34(Eligibility for Examination) #

The qualification requirements for various examinations shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Dec. 31, 2008]

Article 34-2(Awarding Additional Points in Examination for Initial Appointment) #

(1) Where any of the following persons applies for an examination for initial appointment of public officials, additional points may be awarded thereto:

1. A person qualified as prescribed in the National Technical Qualifications Act or any other Act or subordinate statute;

2. The spouse or children of a deceased honorable person defined in subparagraph 2 of Article 2 of the Act on Honorable Treatment and Support for Persons Wounded or Killed for a Just Cause;

3. A wounded honorable person defined in subparagraph 3 of Article 2 of the Act on Honorable Treatment and Support for Persons Wounded or Killed for a Just Cause and the spouse or children thereof.

(2) Necessary matters concerning the details of eligibility for additional points under paragraph (1), points added, the method for granting additional points, etc. shall be prescribed by Presidential Decree.

[This Article Wholly Amended on May 18, 2015]

Article 35(Public Announcement of Examinations) #

(1) When any open competitive examination for new appointment, open competitive examination for promotion, or career-competitive examination for appointment is administered, matters necessary for classes or positions to which those who pass the examinations are appointed, qualifications for applying for examinations, the number of persons to be selected, and methods, date and place of the examinations shall be published, as prescribed by Presidential Decree; provided, in cases of examinations not targeted for many persons under the proviso of Article 27 (2), such matters may not be published. <Amended on May 23, 2011; Dec. 11, 2012>

(2) When necessary for filling any vacancy, an open competitive examination for new appointment may be administered after determining, in advance, an area or agency where those who pass the examination will be assigned to. In such cases, any public official to be selected by such examination shall work in such service area or agency for a period prescribed by Presidential Decree.

[This Article Wholly Amended on Dec. 31, 2008]

Article 36(Candidate List for New Appointment) #

(1) The head of a local government and the chairperson of a local council shall enter in the candidate list for new appointment those who have passed the examination for appointment implemented by each relevant personnel committee, as prescribed by Presidential Decree. <Amended on Oct. 8, 2021>

(2) When the institution designated by Presidential Decree, as provided for in Article 32 (3), implemented an open competitive examination for new appointment for the public officials of Grade V, the Mayor/Do Governor, the chairperson of the City/Do council or the superintendent of education shall enter those who have passed the examination for appointment in the candidate list for new appointment, as prescribed by Presidential Decree. <Amended on Oct. 8, 2021>

(3) The candidate list for new appointment shall be available to any person for perusal.

(4) The validity term of the list of candidates who have passed an open competitive examination for new appointment of public officials shall be prescribed by Presidential Decree within two years; provided, the head of an examination administering agency may extend the period by up to one year if deemed necessary. <Amended on Jan. 29, 2020>

(5) If a person who has passed an open competitive examination for new appointment registers his or her name on the candidate list for new appointment and then enlists in the army for military service pursuant to the Military Service Act within the validity term (including those who have completed the students' military training course), the compulsory service period and the period in which it is impossible to be appointed by reasons prescribed by Presidential Decree, shall not be counted in the period referred to in paragraph (4).

(6) When the head of the relevant local government or the chairperson of the relevant local council has decided to extend the validity term of the candidate list for new appointment under the proviso of paragraph (4), he or she shall publicly announce it without delay. <Amended on Oct. 8, 2021>

(7) Any person on the candidate list for new appointment and in his or her probationary period shall be deemed as a public official in performing any duties or applying penalty provisions pursuant to the Criminal Act or other Acts. <Added on Mar. 22, 2010>

[This Article Wholly Amended on Dec. 31, 2008]

Article 37(Method of Appointing Candidates) #

(1) Where the head of the local government or the chairperson of the local council who prepared a candidate list for new appointment under Article 36 (1) and (2) appoints public officials from among those on the candidate list, he or she shall appoint up to three times the number of each vacancy in order of precedence on the list. <Amended on Oct. 8, 2021>

(2) Where a person to whom the right of appointment is delegated under Article 6 (2), the chairperson of a local council or the head of a Si/Gun/Gu who entrusts the administration of an examination pursuant to Article 32 (6) or (7) appoints public officials, he or she shall request that the head of the local government or the chairperson of the local council who prepared the candidate list under Article 36 (1) recommend the candidates.<Added on Oct. 8, 2021>

(3) Where the head of a Si/Gun/Gu, the chairperson of a Si/Gun/Gu council, and a person to whom the right of appointment is delegated under Article 6 (2) newly appoints public officials of Grade V, they shall request that the Mayor/Do Governor, the chairperson of the City/Do council or the superintendent of education who prepared the candidate list under Article 36 (2) recommend the candidates. <Amended on Oct. 8, 2021>

(4) Any person in receipt of a request for recommendation under paragraph (2) or (3) shall recommend, without delay, up to three times the number of candidates as the number of each vacancy, for appointment, from among those on the candidate list. <Amended on Oct. 8, 2021>

(5) An appointing authority, upon recommendation under paragraph (4), shall select and appoint persons from among those recommended, and shall notify the results to the person who recommended candidates within seven days from the date of recommendation. <Amended on Oct. 8, 2021>

(6) A candidate for appointment shall become ineligible as a candidate for appointment in any of the following cases: <Amended on May 18, 2015; Oct. 8, 2021; Dec. 27, 2022>

1. Where the candidate fails to comply with the appointment by an appointing authority;

2. Where the candidate fails to participate in training for probationary officials under Article 74;

3. Where the candidate is deemed unfit to perform duties as a public official due to poor grades in training, inability to continuously undergo training for reasons attributable to him or her, a serious injury to dignity as a candidate for appointment, or other grounds. In such cases, matters necessary for detailed grounds, procedures, etc. shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Dec. 31, 2008]

Article 38(Promotion) #

(1) Any appointment by promotion across rank shall be made by appraising the performance of services and career rating and proof of other abilities; provided, any appointment by promotion to Grades I through III shall be made by taking into consideration the ability and career background, and appointment by promotion to Grade V shall be subject to an examination for promotion, but if deemed necessary, it may be made through the resolution of the personnel committee, as prescribed by Presidential Decree.

(2) If deemed necessary for promotion of public officials of Grade VI or lower, the examination for promotion may be conducted concurrently, as prescribed by Presidential Decree.

(3) The minimum number of years of service for each rank required for a promotion, restriction on promotion, and other matters necessary for promotion shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Dec. 31, 2008]

Article 39(Methods of Appointment by Promotion) #

(1) Any appointment by promotion to Grade I shall be made from among public officials of the next lower grade, and appointment by promotion to Grades II and III from among public officials of the next lower grade within the same functional group.

(2) The appointment by promotion through a promotion examination shall be made in the order of appointment by promotion prescribed by Presidential Decree, from among those who have passed the examination for promotion; provided, Article 37 (1) through (5) shall apply mutatis mutandis to methods for appointment of those who are entered in the list of candidates for promotion after passing any of the following examinations: <Amended on Mar. 21, 2012; Oct. 8, 2021; Dec. 31, 2024>

1. An open competitive examination for promotion;

2. A general examination for promotion to public officials of Grade V or lower in the occupational categories of science technical skills administered in each City/Do or region under paragraph (6) and public officials equivalent to public officials of Grade V or lower among public officials in the occupational categories of research or special skills under Article 4 (2).

(3) Any appointment by promotion, other than that referred to in paragraphs (1) and (2), shall be made from among public officials of the next lower grade in the same functional category, and vacancy shall be filled by promotion from the promotion candidate list in the order of precedence in the promotion candidate list, within the limit prescribed by Presidential Decree.

(4) The promotion of any public official pursuant to paragraphs (1) and (3) shall require a prior deliberation by the personnel committee for promotion. In cases of prior deliberation on the promotion of any public official to the secretary general, the bureau chief or the section chief of the local council or the deputy head of the Si/Gun/Gu, notwithstanding Article 9 (1), any member elected from among commissioned members shall act on behalf of the chairperson of the personnel committee. <Amended on Oct. 8, 2021>

(5) The appointing authority shall prepare a promotion candidate list for each class in the order of ranking based on the appraisal of service record, career rating and proof of other ability, as prescribed by Presidential Decree; provided, in order to secure quality human resources and to maintain the balance in promotion opportunities, the Mayor/Do Governor or the chairperson of the City/Do council may consult with another appointing authority of the relevant City/Do or the appointing authority of the Si/Gun/Gu under the jurisdiction and the head of the Si/Gun/Gu or the chairperson of the Si/Gun/Gu council may consult with one another to prepare an integrated list of candidates for promotion for each City/Do or Si/Gun/Gu, as prescribed by Presidential Decree, from among the relevant City/Do’s or Si/Gun/Gu’s public officials of Grade VI or lower in the occupational categories of science technical skills and public officials equivalent to public officials of Grade VI or lower among public officials in the occupational categories of research or special skills under Article 4 (2). <Amended on Mar. 21, 2012; Oct. 8, 2021; Dec. 31, 2024>

(6) Notwithstanding the proviso of paragraph (5), where the Do Governor or the chairperson of the Do council deems it necessary in consideration of the living neighborhood, geographical range, etc. of the relevant Do, he or she may prepare an integrated list of candidates for promotion for each region in the jurisdiction of the relevant Do in consultation with the head of the relevant Si/Gun or the chairperson of the Si/Gun council, as prescribed by Presidential Decree. <Added on Mar. 21, 2012; Oct. 8, 2021>

(7) The Mayor/Do Governor, the chairperson of the Si/Do council and the superintendent of the office of education shall prepare any of the following lists of candidates: <Amended on Mar. 21, 2012; Oct. 8, 2021; Dec. 31, 2024>

1. A list of candidates for promotion of those who have passed an open competitive examination for promotion to public officials of Grade V;

2. A list of candidates for promotion of those who have passed a general examination for promotion to public officials of Grade V or lower in the occupational categories of science technical skills and to public officials equivalent to public officials of Grade V or lower among public officials in the occupational categories of research or special skills under Article 4 (2), which is administered in each City/Do or each region under paragraph (6).

[This Article Wholly Amended on Dec. 31, 2008]

Article 39-2(Methods of Administering Promotion Examination) #

(1) The examination for promotion shall be classified into a general promotion examination and an open competitive promotion examination.

(2) The general promotion examination shall be administered for those who are included in double to five times the number of vacancies or the sum of present and anticipated vacancies to be filled by promotion in the order of precedence in the promotion candidate list, and a successful candidate shall be determined by combined results of the examination scores and the rating marks on the promotion candidate list (in cases of a general examination for promotion of public officials of Grade VI or lower in the occupational categories of science technical skills who belong to City/Do and Si/Gun/Gu under the proviso of Article 39 (5) or paragraph (6) of the said Article, and public officials equivalent to public officials of Grade VI or lower among public officials in the occupational categories of research or special skills under Article 4 (2), referring to a list of candidates for promotion prepared for each City/Do or each region; hereinafter the same shall apply). <Amended on Mar. 21, 2012; Dec. 31, 2024>

(3) The open competitive promotion examination shall be limited to promotion to Grade V and shall be administered, if necessary for maintaining balance among agencies in the opportunity of promotion and selecting able public officials, and successful candidates shall be determined by the results of the examination.

(4) Those eligible for applying for an examination, methods of application, methods of determining successful candidates in the examination, and effects of passing the examination, in an examination for promotion referred to in paragraphs (2) and (3) above, and other matters necessary for the examination for promotion, shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Dec. 31, 2008]

Article 39-3(Special Promotion of Excellent Public Officials) #

(1) Notwithstanding Articles 38 and 39 (1) through (3), if a public official falls under any of the following subparagraphs, he or she may be appointed by a special promotion; provided, the public officials of Grade VI may participate with priority in the examination for a promotion or may be eligible for decision for promotion by the personnel committee:

1. A person who has set an example to other public officials in maintaining fairness in the execution of public services and realizing a clean public service society by diligently discharging his or her duties with integrity, thoroughness and an attitude of dedication;

2. A person who has made much contribution to the development of administration with a prominent ability in performing his or her duties;

3. A person who has contributed to achieving a remarkable development in the operation of administration, such as reduction of the budgetary expenses of the State and local government, by adopting and executing any proposal prescribed in Article 78;

4. When a person who has made an exceptional contribution during his or her tenure of office goes into honorary retirement under Article 66-2;

5. When a person who has made an exceptional contribution during his or her tenure of office dies while on public duty.

(2) The requirements for special promotion and other necessary matters shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Dec. 31, 2008]

Article 40(Preferential Appointment of Person Rendering Meritorious Service to the State) #

When public officials are appointed, any person who has rendered meritorious service to the State shall be appointed preferentially, as prescribed by statutes or regulations.

[This Article Wholly Amended on Dec. 31, 2008]

Article 41(Filling Vacancy of Persons in Temporary Retirement, or Long-Term Training) #

(1) If a public official takes a leave of absence for at least six months pursuant to Article 63 (1) 1, 2, 4, or 5, Article 63 (2) or Article 65-2, the legally prescribed number corresponding to the classes, positions or equivalent ranks of such public officials shall be deemed separately fixed from the date of such leave of absence, and any vacancy may be filled; provided, in any of the following cases prescribed by Presidential Decree or ordinance of a local government, the vacancy may be filled from the start date of such time off or leave of absence. <Amended on May 23, 2011; Dec. 11, 2012; Mar. 19, 2024>

1. Where he or she uses sick leave and a leave of absence under Article 63 (1) 1 for at least 6 consecutive months;

2. Where he or she uses maternity leave and a leave of absence under Article 63 (2) 4 for at least 6 consecutive months.

(2) If a public official is dispatched under Article 30-4, it shall be deemed, during the period of dispatch, that the number of positions for the public officials of the same class as the dispatched officials has increased by the number of the dispatched, and any vacancy may be filled or the dispatched official may be promoted, as prescribed by Presidential Decree; provided, in cases of dispatch to be terminated within two months, this shall not apply.

(3) If the petition appeals commission or the court has made a decision or judgement of nullity or cancellation against a disposition of removal, release from office, dismissal or degradation taken against a public official, the legally prescribed number corresponding to the class or position before the disposition of a person who was subjected to the disposition of removal, release from office, dismissal or degradation shall be deemed separately fixed from the time vacancies caused by the disposition of removal, release from office, dismissal or degradation are filled. <Amended on May 23, 2011; Dec. 11, 2012>

(4) In cases of release from position under Article 65-3 (1) 2 through 4, if the period of the release from position passes six months, a vacancy corresponding to or equivalent to the class or position of the person released from his or her position may be deemed to exist and filled accordingly; provided, where a resolution on disciplinary action is requested pursuant to Article 69-4 (2) and thus the release from position is rendered pursuant to Article 65-3 (1) 2, the vacancy may be deemed to exist and filled from the time of the release from position; provided, in any of the following cases, he or she may be deemed to have a separate prescribed number of personnel and may be deemed to have a separate prescribed number of personnel for filling a vacancy: <Amended on Jun. 8, 2021; Dec. 31, 2024>

1. Where he or she is dismissed from his or her position under Article 65-3 (1) 2 because a resolution on disciplinary action is requested pursuant to Article 69-4 (2) and the relevant position is dismissed from his or her position;

2. Where a person is dismissed from his or her position pursuant to Article 65-3 (1) 3 or 4 (including where he or she is dismissed from his or her position pursuant to subparagraph 2 of the same paragraph for the same misconduct consecutively due to the relevant misconduct) and 3 months have passed since the date of dismissal from his or her position, where all of the following requirements are satisfied:

(a) There shall be a risk of significantly impeding the normal performance of duties of the relevant agency in light of the class, position, or characteristics of duties of a person dismissed from his or her position, in consideration of his or her class, position, or equivalent rank;

(b) As a result of deliberation by the relevant personnel committee, the necessity of urgently filling a vacancy shall be recognized as a result of deliberation by the relevant personnel committee.

(5) The number of personnel referred to in paragraphs (1) through (3) and the main clause of paragraph (4) shall be deemed reduced when the first vacancy occurs in the relevant class or position after any of the following grounds arise; provided, the fixed number of the public officials in non-career service referred to in paragraph (1) shall be deemed extinguished when the grounds referred to in subparagraph 1 arise: <Amended on May 23, 2011; Dec. 11, 2012; Dec. 29, 2015; Jun. 8, 2021>

1. Reinstatement of a person in temporary retirement;

2. Return of a dispatched person;

3. Return of a removed, released or dismissed person or reinstatement of a degraded person to the class before such disposition;

4. Assignment of a position to a person who has been released from position.

[This Article Wholly Amended on Dec. 31, 2008]

Article 41-2 #

Deleted. <Apr. 20, 1981>

Article 41-3 #

Deleted. <Apr. 20, 1981>

Article 41-4(Payment of Scholarships) #

(1) If required for securing a qualified public official, the head of a local government may pay a scholarship to a person who is a student in a school established under the Elementary and Secondary Education Act, the Higher Education Act or other statutes or regulations (including the technical colleges and educational institutions in which the courses for degrees are set up) and desires to be appointed as a public official, and may have the person serve as a public official with a specified compulsory service period imposed after graduation.

(2) If a person who received a scholarship under paragraph (1) above, fails to continuously receive the payment or is not appointed as a public official, due to reasons attributable to him or her, or if he or she retires from office without completing the compulsory service period, the head of a local government may order the person in question to return the whole or part of the scholarship already paid, and, if he or she fails to return it, his or her surety (including an insurance company that has issued a guarantee insurance policy under the Insurance Business Act) may be requested to perform the guaranteed obligations and it may be collected in the same manner as delinquent local taxes are collected in the event of non-compliance; provided, where there are justifiable reasons therefor as prescribed by Presidential Decree, this shall not apply. <Amended on Oct. 8, 2021>

(3) The scope of the schooling expenses to be paid as a scholarship, the recipients, methods of employment, compulsory service period, the amount to be recovered in the case of unfulfillment of the duty, and other necessary matters shall be prescribed by Presidential Decree. In such cases, the compulsory service period shall be determined within a period not exceeding twice the period during which the scholarship is paid.

[This Article Wholly Amended on Dec. 31, 2008]

Article 41-5 #

Deleted. <Apr. 20, 1981>

Article 42(Prohibition of Act Interfering with Examination or Appointment) #

No person shall intentionally commit any act interfering with, or exerting any unjustifiable influence on, any examination or appointment.

[This Article Wholly Amended on Dec. 31, 2008]

Article 43(Prohibition of Malpractice concerning Personnel Affairs) #

No person shall make any false or unlawful statement, record, certification, grading or report on any selection examination, promotion, appointment, or any other personnel records.

[This Article Wholly Amended on Dec. 31, 2008]

Article 43-2(Measures against Persons Cheating in Examination for Appointment) #

(1) Where a person causes a third person to take an examination for appointment on his or her behalf or commits any other misconduct prescribed by Presidential Decree in that examination, the head of an examination administering agency may withdraw or nullify the examination taken by such person or revoke his or her pass in the examination, as prescribed by Presidential Decree. In such cases, a person against whom the aforementioned measure has been taken may be disqualified from applying for any examination for appointment, for a period prescribed by Presidential Decree not exceeding five years after such measure is taken.

(2) Where the head of an examination administering agency intends to take a measure under paragraph (1) (excluding the withdrawal of an examination), he or she shall pre-notify the relevant person of the details and grounds for the measure so as to provide him or her with an opportunity to defend himself or herself.

[This Article Added on May 18, 2015]

Article 43-3(Cancellation of Acceptance of Persons Involved in Misconduct in Recruitment) #

(1) Where a person has committed an offense prescribed by Presidential Decree in relation to the hiring of public officials and a judgment of being guilty becomes final and conclusive, the head of an examination administering agency or the appointing authority may cancel the acceptance or appointment of the person who has passed the examination or has been appointed because of the misconduct, as prescribed by Presidential Decree. In such cases, prior to the disposition of cancellation, the relevant person shall be notified of the details and reasons in advance and given an opportunity to explain.

(2) The disposition of cancellation under paragraph (1) shall take effect retroactively from the time of acceptance or appointment.

[This Article Added on Jun. 8, 2021]

Article 44(Principles in Determination of Remuneration) #

(1) Remunerations to public officials shall be fixed for each rank, grade, or class of duties, to correspond to the degree of difficulty of duties and of responsibility; provided, remunerations to any of the following public officials may be separately fixed: <Amended on Dec. 11, 2012>

1. Public officials who engage in duties the difficulty and the degree of responsibility of which are highly extraordinary or in which it is difficult to fill vacancies;

2. Public officials to whom the classification of ranks or the classification of functional groups or functional category referred to in Article 4 (1) does not apply pursuant to paragraph (2) of the said Article;

3. Public officials with a fixed term of office.

(2) Remunerations of public officials shall be fixed by taking into account the standard cost of living of the general public, the price levels and other circumstances, and efforts shall be made to keep the remuneration of the public officials in proper balance with the remunerations of the private sector.

(3) Remunerations of public officials shall be balanced among those in career service, and between those in career service and those in non-career service.

(4) Neither money nor valuables may be paid as remuneration to public officials, unless it is provided for in this Act or other statutes or regulations.

[This Article Wholly Amended on Dec. 31, 2008]

Article 45(Provisions concerning Remuneration) #

(1) The following matters concerning remuneration to public officials shall be prescribed by Presidential Decree:

1. Matters concerning salaries, salary classes and raises in salary;

2. Matters concerning allowances;

3. Matters concerning methods of payment, calculation and other matters regarding the payment of remunerations.

(2) Notwithstanding paragraph (1), matters concerning the payment of bonuses or special raises in salary prescribed in Article 76 (2) shall be prescribed by Presidential Decree.

(3) Where a public official receives remuneration under paragraph (1) by fraud or other improper means, an amount by up to five times the amount received may be collected in addition thereto. <Amended on Jun. 8, 2021>

(4) Matters necessary for the types of remuneration which may be collected by adding the amount of money pursuant to paragraph (3), the amount of money added, etc. shall be prescribed by Presidential Decree. <Amended on Dec. 11, 2012>

[This Article Wholly Amended on Dec. 31, 2008]

Article 46(Reimbursement for Actual Expenses) #

(1) Any public official is entitled to receive reimbursement for actual expenses incurred in carrying out his or her duties, in addition to his or her remuneration, as prescribed by Municipal Ordinance of a local government.

(2) If a public official was entrusted with permission from the head of an agency to which he or she belongs with a special research project in addition to duties of his or her office to the extent it does not interfere with the due performance of his or her regular assignments, he or she may receive reimbursement for it, upon the completion of the project.

(3) Where a public official has received reimbursement for actual expenses, etc. under paragraphs (1) and (2) by deceit or other unlawful means, the head of a local government may add and collect money within double the amount of money the public official has received. <Added on Dec. 11, 2012>

(4) Kinds of reimbursement for actual expenses collectible by adding the amount of money pursuant to paragraph (3), the amount of money added, etc. shall be prescribed by Presidential Decree. <Added on Dec. 11, 2012>

[This Article Wholly Amended on Dec. 31, 2008]

Article 46-2(Allowance for Public Officials in Extraordinary Civil Service following Voluntary Retirement) #

Where the abolition of positions or excess of personnel are brought about due to any of the following grounds, the public officials in labor service and in extraordinary civil services (excluding secretaries and person assistants) that retire voluntarily may be paid allowances within budget, as prescribed by Presidential Decree, unless otherwise provided in other Acts: <Amended on May 23, 2011; Jan. 7, 2014>

1. Abolition, establishment, division or merger of local governments;

2. Reorganization or abolition of any office or position and the fixed number of positions;

3. Reduction of budgets.

[This Article Wholly Amended on Dec. 31, 2008]

[Title Amended on May 23, 2011]

Article 46-3(Remuneration for Those Dispatched by Agencies Other Than Local Governments) #

The remuneration to executive officers and employees dispatched by any agency or organization, other than local governments pursuant to Article 30-4 (1) shall be paid by the dispatching agency, and the agency to which they are dispatched may compensate for actual expenses incurred by them, by applying mutatis mutandisArticle 46; provided, the agency to which they are dispatched may, if especially necessary, pay remuneration to them in consultation with the dispatching agency, as prescribed by Presidential Decree.

[This Article Wholly Amended on Dec. 31, 2008]

Article 47(Oath) #

Each public official shall take an oath before the head of the agency to which he or she belongs, at the time of assuming office, as prescribed by Municipal Ordinances of a local government; provided, he or she may take oath after assuming office if circumstances mandate so.

[This Article Wholly Amended on Dec. 31, 2008]

Article 48(Duty of Good Faith) #

Each public official shall observe statutes or regulations and perform his or her duties faithfully.

[This Article Wholly Amended on Dec. 31, 2008]

Article 49(Duty of Obedience) #

Each public official shall obey any order of his or her superior official with respect to the performance of his or her duties; provided, submission of opinions thereto will be permitted.

[This Article Wholly Amended on Dec. 31, 2008]

Article 50(Prohibition of Absence without Leave) #

(1) No public official shall be absent without the permission of his or her superior official or any justifiable reason.

(2) If a criminal investigation agency intends to arrest a public official, it shall first inform the head of the agency to which the public official belongs of such intention; provided, this shall not apply to cases where a public official is caught in the act.

[This Article Wholly Amended on Dec. 31, 2008]

Article 51(Duty of Kindness and Impartiality) #

Each public official shall serve kindly and impartially as a servant of all citizens.

[This Article Wholly Amended on Dec. 31, 2008]

Article 51-2(Duty of Religious Neutrality) #

(1) No public official shall discriminate on the basis of religion in the performance of his or her duties.

(2) Where a superior public official issues an official order, in violation of paragraph (1), a public official may choose not to follow such order.

[This Article Added on Feb. 6, 2009]

Article 52(Duty of Confidentiality) #

Each public official shall keep confidential information which he or she has learned while performing his or her duties.

[This Article Wholly Amended on Dec. 31, 2008]

Article 53(Duty of Integrity) #

(1) No public official may receive, directly or indirectly, any reward, donation or entertainment in connection with his or her duties.

(2) No public official shall give any donation to his or her superior officer, or receive any donation from his or her subordinates, whether or not such donation is related to/her his duties.

[This Article Wholly Amended on Dec. 31, 2008]

Article 54(Receipt of Honor from Foreign Government) #

When a public official is to receive any honor or donation from a foreign government, he shall obtain the permission of the President.

[This Article Wholly Amended on Dec. 31, 2008]

Article 55(Duty to Maintain Dignity) #

No public official shall perform any act detrimental to his or her dignity.

[This Article Wholly Amended on Dec. 31, 2008]

Article 56(Prohibition of Involvement in Other Business) #

(1) No public official shall engage in any business for profit, other than public service, or hold another office, without the permission of the head of the agency to which he or she belongs.

(2) The scope of for-profit business referred to in paragraph (1) above shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Dec. 31, 2008]

Article 57(Prohibition of Political Campaigns) #

(1) No public official may participate in an organization of, or join in, any political party or other political organization.

(2) No public official shall perform any of the following act to support or oppose a specific political party or person in an election:

1. Soliciting any person to cast or not to cast a vote;

2. Planning, leading or encouraging a campaign for collecting signatures;

3. Displaying, or causing another person to display, documents or paintings at public facilities, etc.;

4. Raising, or causing another person to raise any contribution, or using, or causing another person to use public funds;

5. Soliciting another person to join or not to join a political party or other political organization.

(3) No public official shall request other public officials to perform any act, in violation of paragraphs (1) and (2), or promise them any advantage or disadvantage as a reward or retaliation for a political act.

(4) Except as provided in paragraph (1) through (3), the limit of prohibition of political activities of public officials shall be prescribed by Presidential Decree. <Added on May 23, 2011>

[This Article Wholly Amended on Dec. 31, 2008]

Article 58(Prohibition of Collective Action) #

(1) No public official shall do any collective action for any labor campaign, or activities, other than public services; provided, those who are actually engaged in labor service.

(2) The scope of public officials actually engaged in labor service, referred to in the proviso of paragraph (1), shall be prescribed by municipal ordinances.

(3) If a public official who is actually engaged in labor under the proviso of paragraph (1) and is a member of a labor union intends to work exclusively for the union, he or she shall obtain the permission of the head of the local government or the chairperson of the local council that he or she belongs to. <Amended on Oct. 8, 2021>

(4) Any condition may be attached to the permission referred to in paragraph (3) as deemed necessary.

[This Article Wholly Amended on Dec. 31, 2008]

Article 59(Delegation Provisions) #

Except as provided in this Act, necessary matters concerning the service of public officials shall be prescribed by Presidential Decree or ordinances of the relevant local government.

[This Article Wholly Amended on Dec. 31, 2008]

Article 60(Principle of Guarantee of Status) #

No public official shall be laid off, demoted, or dismissed in opposition to his or her intention unless a sentence or disciplinary action is imposed or he or she falls under any of the grounds prescribed by this Act; provided, this shall not apply to public officials of Grade I.

[This Article Wholly Amended on Dec. 31, 2008]

Article 61(Ipso Facto Retirement) #

Where a public official falls under either of the following cases, he or she shall retire ipso facto: <Amended on May 18, 2015; Dec. 29, 2015; Oct. 16, 2018; Dec. 27, 2022; Dec. 31, 2024>

1. Where a public official falls under subparagraphs 2 through 6, 6-2 through 6-4, 7, or 8 of Article 31; provided, subparagraph 2 of Article 31 shall apply only where a person declared bankrupt fails to file an application for immunity within an application deadline or receives a final decision not to grant immunity or the revocation of immunity under the Debtor Rehabilitation and Bankruptcy Act; and subparagraph 5 of Article 31 shall apply only where a person commits a crime provided for in Articles 129 through 132 of the Criminal Act, Article 2 of the Act on Special Cases concerning the Punishment of Sexual Crimes, Article 74 (1) 2 and 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, subparagraph 2 of Article 2 of the Act on Punishment of Crime of Stalking, subparagraph 2 of Article 2 of the Act on the Protection of Children and Youth against Sex Offenses, or Article 355 or 356 of the Criminal Act in relation to his or her duties and receives the suspension of sentence of imprisonment without labor or a heavier punishment;

2. Where the service period of a public official with a fixed term of office is completed.

[This Article Wholly Amended on Dec. 11, 2012]

Article 62(Ex Officio Dismissal) #

(1) If a public official falls under any of the following subparagraphs, the appointing authority may dismiss him or her ex officio: <Amended on Dec. 11, 2012; May 29, 2016>

1. When his or her position is abolished or when the number of personnel in active service exceeds the prescribed number due to any of the followings:

(a) Abolition, establishment, division or merger of local governments;

(b) Reorganization or abolition of any office or position and the fixed number of positions;

(c) Reduction of budgets;

2. When he or she fails to return to his or her duties, or is unable to carry out his or her duties, even after a leave of absence period expires, or a ground for leave of absence disappears;

3. When a person who has failed, three or more times, to pass an examination for changing his or her position, is deemed to lack the ability to carry out his or her duties;

4. When a person who received an order of a physical examination for military service, an enlistment, or a muster, evades it without any justifiable ground, or when a person who is in leave of absence for military service deserts his or her duties of such military service;

5. When it is deemed difficult to expect that a person under a waiting order pursuant to Article 65-3 (3) will improve his or her ability or service record during such period;

6. When a person becomes unable to carry out his or her duties because his or her certificate of qualification required for carrying out his or her duties in the relevant class or position becomes invalid or because his or her license is cancelled.

(2) When the appointing authority dismisses a person under paragraph (1), he or she shall hear the opinion of the competent personnel committee in advance; provided, he or she shall obtain consent from the personnel committee in cases of dismissal under paragraph (1) 5, from the personnel committee under the jurisdiction of the Mayor/Do Governor in cases of public officials of Grade V or a higher level under the jurisdiction of the head of the Si/Gun/Gu, and from the personnel committee under the jurisdiction of the City/Do council in cases of public officials of Grade V or a higher level under the jurisdiction of the chairperson of the Si/Gun/Gu council. <Amended on Oct. 8, 2021>

(3) If the appointing authority dismisses a subordinate public official under paragraph (1) 1, he or she shall establish the standards for dismissal in consideration of appointment forms, actual results of affairs, competence to perform duties, facts of disciplinary punishment, etc.

(4) The establishment of standards for dismissal under paragraph (3) or determination of public officials to be dismissed under paragraph (1) 1, shall undergo a prior decision of a relevant personnel committee.

(5) The day of ex officio dismissal under paragraph (1) 2 shall be the date on which the leave of absence period expires or the date on which the grounds for leave of absence period is appear.

[This Article Wholly Amended on Dec. 31, 2008]

Article 63(Leave of Absence) #

(1) If a public official falls under any of the following subparagraphs, the appointing authority shall order him or her to take a leave of absence notwithstanding his or her intention:

1. When he or she is in need of long-term medical care due to any physical or mental disability;

2. When he or she is enlisted or called up for military service under the Military Service Act;

3. When it is not clear whether he or she is alive, or as to his or her whereabouts, due to a natural disaster, terrestrial upheaval, war, emergency, or other reasons;

4. Where he or she takes exclusive charge of affairs of a labor union under Article 7 of the Act on the Establishment and Operation of Public Officials' Labor Unions;

5. When he or she resigns from office in order to perform his or her duties as prescribed by any other Act.

(2) If a public official desires to take a leave of absence for any of the following reasons, the appointing authority may order him or her to take a leave of absence; provided,, in cases falling under subparagraph 4, the appointing authority shall order him or her to take a leave of absence unless any special grounds prescribed by Presidential Decree exist: <Amended on May 23, 2011; Mar. 23, 2013; Aug. 6, 2013; Nov. 19, 2014; May 18, 2015; Dec. 29, 2015; Jul. 26, 2017; Jun. 8, 2021; Dec. 31, 2024>

1. When he or she is temporarily employed by any international organization, foreign institution, domestic or foreign college, or research institution, other State agency, or private firm prescribed by Presidential Decree or other institutions;

2. When he or she is going to study abroad;

3. When he or she is to receive training at a research or educational institution, etc. designated by the Minister of Education or the Minister of the Interior and Safety;

4. When it is required to raise a child who is eight years of age or younger or a child in the second or lower grade of elementary school, or when a female public official becomes pregnant or gives birth to a child;

5. When it is necessary to support or care for his or her grandparents, parents (including parents of his or her spouse), spouse, child or grandchild; provided, cases where he or she may take a leave of absence to care for his or her grandparent or grandchild shall be limited to where he or she meets requirements prescribed by Presidential Decree, such as cases where there is no person who may care for his or her grandparent or grandchild except the person himself or herself;

6. Where a public official accompanies his or her spouse who will serve, study or go on a training in a foreign country;

7. Where a public official who has held office for a period prescribed by Presidential Decree is going to perform research tasks relating to his or her duties or to engage in study, research, or the like for self-development.

(3) Paragraphs (1) and (2) limited to paragraphs (1) 1 and 2 and (2) 4 shall apply to public officials with a fixed term of office. <Added on Dec. 11, 2012; Jan. 29, 2020>

(4) No appointing authority shall treat any public official in a disadvantageous manner on the grounds of a leave of absence from his or her office taken in accordance with paragraph (2) 4.

(5) Matters necessary for the operation of the leave of absence system under paragraphs (1) through (4) shall be prescribed by Presidential Decree. <Amended on Dec. 11, 2012>

[This Article Wholly Amended on Dec. 31, 2008]

Article 64(Period of Leave of Absence) #

The period of a leave of absence shall be as follows: <Amended on May 23, 2011; Aug. 6, 2013; May 18, 2015; Dec. 29, 2015; Mar. 20, 2018; Jun. 8, 2021>

1. The period of leave under Article 63 (1) 1 shall not exceed one year and may be extended by up to one year under extenuating circumstances; provided, the period of leave due to any of the following diseases or injuries shall not exceed three years but may be extended up to two years taking into consideration medical opinions, etc., as prescribed by Presidential Decree:

(a) An injury or disease for which medical care benefits are paid pursuant to Article 22 (1) of the Public Officials’ Accident Compensation Act;

(b) A disease or injury for which medical care benefits are to be provided pursuant to Article 40 of the Industrial Accident Compensation Insurance Act;

2. The period of leave under Article 63 (1) 2 and 5 shall be until his or her service period expires;

3. The period of leave under Article 63 (1) 3 shall not exceed three months;

4. The period of leave under Article 63 (1) 4 shall be a period during which he or she is in full service;

5. The period of leave under Article 63 (2) 1 shall be a period of his or her employment; provided, if the relevant public official is employed by any private firm or institution, the period of leave of absence shall not exceed three years;

6. The period of leave under Article 63 (2) 2 and 6 shall not exceed three years, but it may be extended by up to two years if it is inevitable;

7. The period of leave under Article 63 (2) 3 shall not exceed two years;

8. The period of leave under Article 63 (2) 4 shall not exceed three years for one child;

9. The period of leave under Article 63 (2) 5 shall not exceed one year and may not exceed three years in total during the period of service;

10. The period of leave under Article 63 (2) 7 shall not last longer than a year.

[This Article Wholly Amended on Dec. 31, 2008]

Article 65(Effect of Leave of Absence) #

(1) Any public official in a leave of absence shall retain his or her status, but may not be engaged in his or her duties.

(2) If a ground of a leave of absence disappears during a period of leave, the public official concerned shall report to the appointing authority within 30 days on such fact, and the appointing authority shall issue, without delay, an order of return to the office.

(3) If a public official whose period of leave expires reports his or her return within 30 days, he or she shall be reinstated ipso facto.

[This Article Wholly Amended on Dec. 31, 2008]

Article 65-2(Leave of Absence of Public Officials in Non-Career Service) #

(1) Article 63 (1) 2, (2) 4, and (4), subparagraphs 2 and 8 of Article 64, and Article 65 shall apply mutatis mutandis to public officials in political service.

(2) Article 63 (1) 1 through 3, (2) 4 and 5, and (4), and subparagraphs 1 through 3, 8 and 9 of Article 64, and Article 65 shall apply mutatis mutandis to public officials in special services.

(3) Deleted. <Dec. 11, 2012>

(4) Where there exist any particular provisions in other Acts with respect to a leave of absence of public officials in non-career service, such provisions shall apply to temporary retirement.

[This Article Wholly Amended on May 23, 2011]

Article 65-3(Release from Position) #

(1) The appointing authority may not assign a position to any of the following persons: <Amended on Mar. 22, 2010; May 18, 2015>

1. A person who lacks the ability to perform his or her duties, or whose service record is extremely poor;

2. A person against whom a request for a resolution to take disciplinary action, such as removal, release from office, degradation, or suspension of office, is made;

3. A person prosecuted for a criminal case (excluding those against whom a summary order is requested);

4. A person undergoing inspection or investigation by the Board of Audit and Inspection, the Prosecution, the police or any other investigative agency on a charge of malfeasance related to money or goods, a sex offense or other malfeasance prescribed by Presidential Decree, which is so serious that it is extremely impracticable to expect him or her to perform his or her duties normally.

(2) Where a public official is denied assignment of position under paragraph (1) and then the relevant ground is extinguished, the appointing authority shall assign such position without delay.

(3) Where a public official is denied assignment of position under paragraph (1) 1, the appointing authority shall hear, in advance, the opinion of the relevant personnel committee and issue a waiting order to the person discharged from his or her position, for a period not exceeding three months.

(4) With respect to a person who received a waiting order under paragraph (3), the appointing authority shall take necessary measures, such as education and training, assigning a special research project, etc. to reinstate his or her ability or to improve the service record of the official concerned.

(5) If a ground for discharge from position referred to in paragraph (1) 1 coincides with that referred to in paragraph (1) 2 through 4 with respect to a public official, the disposition of release from position based upon subparagraph 2 through 4 of the same paragraph shall be taken. <Amended on May 18, 2015>

[This Article Wholly Amended on Dec. 31, 2008]

Article 65-4(Demotion) #

(1) If the number of personnel in active service exceeds the prescribed number of personnel because positions are abolished or downgraded to a lower position due to an alteration of the organization or fixed number of employees, or reduction of the budget, etc., or if the person concerned consents to it, the appointing authority may demote any public official under his or her control. <Amended on Mar. 22, 2010>

(2) Notwithstanding Articles 38, 39, and 39-2, any public official who is demoted under paragraph (1) shall be appointed with priority when a vacancy occurs in a higher class; provided, a public official who is demoted with his or her consent may be appointed with priority in consideration of his or her career, condition of human resources in the agency concerned, etc.

[This Article Wholly Amended on Dec. 31, 2008]

Article 66(Retirement Age) #

(1) Except as provided in other Acts, the retirement age of public officials shall be 60 years of age.

(2) In applying the retirement age under paragraph (1), if the date on which any public official reaches the upper age limit falls between January and June, he or she shall be retired ipso facto from office on the 30th day of June, and, if between July and December, on the 31st day of December, respectively.

[This Article Wholly Amended on Dec. 31, 2008]

Article 66-2(Early Voluntary Retirement) #

(1) If a person who has served as a public official continuously for at least 20 years, retires voluntarily from office (including cases prescribed by Presidential Decree, cases where a public official in career service who is not a public official with a fixed term of office was appointed as a public official with a fixed term of office and is retired as such public official) before he or she reaches the upper age limit, a voluntary early retirement allowance may be paid to him or her within budgetary limits. <Amended on Dec. 11, 2012>

(2) If the position of any public official is abolished or the number of personnel in active service exceeds the prescribed number due to any of the following reasons, an allowance may, within budgetary limits, be paid to a person who has served as a public official continuously for less than 20 years and who retires voluntarily from office before he or she reaches the upper age limit:

1. Abolition, establishment, division or merger of local governments;

2. Reorganization or abolition of any office or position and the fixed number of positions;

3. Reduction of budgets.

(3) If any person who is paid an early voluntary retirement allowance under paragraph (1) falls under any of the following, the head of the local government or the chairperson of the local council who paid such early voluntary retirement allowance shall withdraw the early voluntary retirement allowance; provided, where the person who is paid the early voluntary retirement allowance falls under subparagraph 2 and is reappointed as a local public official, the head of the local government or the chairperson of the local council who reappoints him or her shall withdraw the early voluntary retirement allowance: <Amended on Dec. 11, 2012; Oct. 8, 2021>

1. Where he or she has been punished by imprisonment without prison labor or heavier punishment on grounds that arose while he or she was working as a public official;

1-2. Where he or she has received the suspension of sentence of imprisonment without labor or a heavier punishment because he or she committed a crime provided for in Articles 129 through 132 of the Criminal Act during his or her tenure of office;

1-3. Where he or she was sentenced to a fine of at least three million won and such punishment has been decided or he or she has received the suspension of sentence of imprisonment without labor or a heavier punishment because he or she committed a crime provided for in Article 355 or 356 of the Criminal Act in relation to his or her duties during his or her tenure of office;

2. Where he or she is reappointed as a public official in career service and other public official prescribed by Presidential Decree;

3. Where he or she has been paid a voluntary early retirement allowance in excess of the legally-fixed voluntary early retirement allowance or he or she, who is not entitled to the voluntary early retirement allowance, has been paid such voluntary early retirement allowance.

(4) Where a person who is required to return an early voluntary retirement allowance pursuant to paragraph (3) fails to return such allowance within a period, the head of a local government may collect such allowance in the same manner as delinquent local taxes are collected. <Added on Dec. 11, 2012>

(5) The scope of persons to whom a voluntary early retirement allowance under paragraph (1) and an allowance under paragraph (2) are paid, the amount and procedures for payment thereof, and the amount of the voluntary early retirement allowance to be recovered and procedures for refunding the voluntary early retirement allowance, etc. under paragraphs (3) and (4) shall be prescribed by Presidential Decree. <Amended on Dec. 11, 2012>

[This Article Wholly Amended on Dec. 31, 2008]

Article 67(Delivery of Explanatory Note on Grounds for Action and Request for Examination) #

(1) If disciplinary action, etc. or demotion, leave of absence, release from a position, or dismissal from office is taken against a public official, the appointing authority taking such action shall deliver an explanatory note stating the grounds therefor; provided, in cases of demotion, leave of absence, or dismissal from office taken at the request of the person concerned, the same shall not apply. <Amended on Mar. 22, 2010>

(2) Where an appointment authority, in receipt of a request of a victim, delivers an explanatory note stating the grounds for action which fall under any of the following, the appointment authority shall notify the victim of the results of the disciplinary action as well: <Added on Oct. 16, 2018; Mar. 19, 2024>

1. Sexual crimes under Article 2 of the Act on Special Cases concerning the Punishment of Sexual Crimes;

2. Sexual harassment under subparagraph 2 of Article 3 of the Framework Act on Gender Equality;

3. Acts prescribed by presidential decree, such as inflicting physical or mental suffering on other public officials, etc., by taking advantage of the superiority of position, relationship, etc. in the workplace beyond the scope appropriate for work.

(3) If a public official who has received an explanatory note on the grounds for action prescribed in paragraph (1), is dissatisfied with such action, he or she may request examination thereof to the appeals commission within 30 days after he or she receives the explanatory note and, where an unfavorable action contrary to his or her intention, other than the action described in paragraph (1), is rendered against the public official, he or she may request its examination within 30 days after his or her knowledge of the action. In such cases, he or she may appoint a lawyer as his or her representative.

(4) If a removal or release from office or an action of dismissal from office is made under Article 62 (1) 5 in opposition of the intention of the person concerned, no order to supplement his or her successor shall be issued within 40 days after such action is taken; provided, if there is an inevitable circumstance to supplement his or her successor for the management of human resources (excluding where a provisional decision is made under paragraph (5)), the order to supplement his or her successor may be issued following a decision of the personnel committee concerned. <Amended on Oct. 16, 2018>

(5) If a request for examination under paragraph (3) is made against a removal or release from office, or an action of dismissal from office under Article 62 (1) 5, the appeals commission may, within five days from the receipt of such request, make a provisional decision ordering not to supplement a successor until a final decision on the relevant case is made. <Amended on Oct. 16, 2018>

(6) The appeals commission shall, if a provisional decision under paragraph (5) was rendered, make the final decision within 20 days from the date of the provisional decision, and the appointing authority shall not supplement a successor until the final decision is made. <Amended on Oct. 16, 2018>

(7) Except where a provisional decision is made under paragraph (5), the appeals commission shall make a decision thereon within 60 days after it receives a request for appeal review; provided, if deemed inevitable, the appeals commission may, by resolution, extend the above period by up to 30 days. <Amended on Oct. 16, 2018>

(8) A public official shall not be subject to an unfavorable action or treatment by reason of his or her request for examination under paragraph (3). <Amended on Oct. 16, 2018>

[This Article Wholly Amended on Dec. 31, 2008]

Article 67-2(Settlement of Grievance) #

(1) Any public official may file an application for consultation on, or a request for review of, a grievance relating to various working conditions, such as personnel affairs, organizational matters, and treatment, and other personal affairs, and any person who has experienced or become aware of any sexual crime or sexual harassment may file a report thereon. In such cases, such person shall not be subject to any unfavorable action or treatment on such grounds as an application for consultation, a request for review, or a report filed thereon. <Amended on Oct. 8, 2021>

(2) Upon receipt of an application for consultation under paragraph (1), the appointing authority shall designate a public official under his or her jurisdiction to provide such consultation, and upon receipt of a request for review, he or she shall submit it to a meeting of the personnel committee to examine it, and shall make efforts for fair settlement of the relevant grievance, such as resolving it according to the results of such consultation or review. <Amended on Jan. 29, 2020>

(3) In receipt of a report on the occurrence of any sexual crime or sexual harassment inside the relevant agency, the appointing authority shall immediately conduct fact-finding investigations and take necessary measures accordingly. <Added on Oct. 8, 2021>

(4) The personnel committee shall, upon receiving a request for grievance review from the appointing authority, review it without delay and report or notify the results to the appointing authority. <Amended on Jan. 29, 2020; Oct. 8, 2021>

(5) The appointing authority in receipt of a report on, or notice of, the results of grievance review under paragraph (4) may not only notify the relevant requester of such results but may also take measures to resolve the grievance by himself or herself or request the head of the relevant agency to make a correction thereof, and the head of the relevant agency in receipt of such request shall comply with it unless there is a compelling reason not to do so, and notify the appointing authority of the results of settlement thereof; provided, if it is impossible to comply with the request due to any unavoidable cause, the head of the relevant agency shall notify such cause. <Amended on Jan. 29, 2020; Oct. 8, 2021>

(6) The procedures for consultation on or review of grievances, and other necessary matters shall be prescribed by Presidential Decree. <Amended on Jan. 29, 2020; Oct. 8, 2021>

[This Article Wholly Amended on Dec. 31, 2008]

Article 67-3(Settlement of Grievance of Public Official in Non-Career Service) #

Except as provided in other Acts, Article 67-2 shall apply mutatis mutandis to public officials in non-career service as prescribed by Presidential Decree.

[This Article Wholly Amended on Dec. 31, 2008]

Article 67-4(Protection of Whistleblower for Public Interest) #

(1) No person shall interfere when a public official files the following reports or shall force him or her to cancel such reports, and shall take any disadvantageous measures against him or her on the grounds of filing a report, making a statement related thereto, submitting other data, etc.:

1. Whistleblowing disclosure, etc. defined in subparagraph 3 of Article 2 of the Public Interest Whistleblower Protection Act;

2. Reports on violations under Article 18 of the Act on the Prevention of Conflict of Interest Related to Duties of Public Servants;

3. Reports on violations under Article 13 or 13-2 of the Improper Solicitation and Graft Act;

4. Reports on acts of corruption under Article 55 or 58-2 of the Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission;

5. Other reports on illegal acts that infringe on the public interest under other statutes or regulations, requiring the protection of the whistleblower.

(2) No person shall notify or disclose to any third person, any personal information of a public official who has filed a report under any subparagraph of paragraph (1), or any fact that may infer that he or she is a person who has filed the report without the consent of the public official.

[This Article Added on Mar. 19, 2024]

Article 68(Social Security) #

(1) If a public official suffers from any disease, injury, disability, childbirth, retirement, death or accident, a proper benefit shall be given to him or her or his or her bereaved family, as prescribed by the Acts.

(2) For the purposes of properly and fairly protecting the welfare and interest of public officials, as prescribed by the Acts, the local government shall establish and execute measures therefor.

[This Article Wholly Amended on Dec. 31, 2008]

Article 69(Grounds for Disciplinary Action) #

(1) If a public official falls under any of the following subparagraphs, a resolution on discipline shall be requested, and a disciplinary action shall be taken according to the result of such disciplinary resolution:

1. When he or she violates this Act, any order issued under this Act, or municipal ordinance or municipal rule of a local government;

2. When he or she fails to fulfill his or her duties (including duties imposed by other statutes or regulations on him or her due to his or her status as a public official), or where he or she neglects his or her duties;

3. When he or she commits an act detrimental to his or her reputation or dignity.

(2) Where a person who used to be a public official (including public officials in non-career service and State public officials) is re-appointed as a public official, the grounds for disciplinary action under the statutes and regulations that applied before the reappointment shall be deemed as the grounds for disciplinary action under this Act from the date such grounds occurred; provided, the same shall not apply where a disciplinary action is already taken. <Amended on Jun. 8, 2021>

(3) Deleted. <Jun. 8, 2021>

(4) Deleted. <Jun. 8, 2021>

(5) Where a resolution on discipline is requested under paragraph (1), prior examination shall be conducted as to whether any ground for exemption from disciplinary action, etc. under Article 75-2 (3) exists. <Added on Dec. 27, 2022>

[This Article Wholly Amended on Dec. 31, 2008]

Article 69-2(Disciplinary Surcharge) #

(1) Where a resolution for disciplinary action against a public official is requested pursuant to Article 69, a resolution to impose disciplinary surcharges within five times the amount of money or financial benefits (meaning monetary terms, in cases of non-monetary benefits) received or provided by either of the following acts, in addition to the relevant disciplinary action, shall be requested of the personnel committee, if the ground for the disciplinary action falls under either of the following: <Amended on May 18, 2015>

1. Receiving or providing money, goods, real estate, entertainment or other property benefits prescribed by Presidential Decree;

2. Embezzling, misappropriating, stealing, deceiving, or misappropriating any of the following:

(a) A budget or funds prescribed in the National Finance Act;

(b) A budget prescribed in the Local Finance Act or a fund under the Framework Act on the Management of Local Government Funds;

(c) National funds defined in subparagraph 1 of Article 2 of the Management of the National Funds Act;

(d) A subsidy defined in subparagraph 1 of Article 2 of the Subsidy Management Act;

(e) State property defined in subparagraph 1 of Article 2 of the State Property Act or a commodity defined in Article 2 (1) of the Commodity Management Act;

(f) Public property and commodity defined in subparagraph 1 and 2 of Article 2 of the Public Property and Commodity Management Act;

(g) Other property determined by Presidential Decree as equivalent to those set forth in items (a) through (f).

(2) Where a person subject to the imposition of a disciplinary surcharge receives a criminal penalty or fulfills his or her liability to compensate, etc. (including forfeiture or additional collection) pursuant to other Acts or pays an amount of recovery or an additional charge in accordance with the procedure for recovery or for collection of additional charges under any other Act or subordinate statute, on grounds set forth in the subparagraphs of paragraph (1) before a resolution to impose a disciplinary surcharge is passed, the personnel committee shall pass the resolution on the imposition of the disciplinary surcharge within the extent adjusted, as prescribed by Presidential Decree. <Amended on May 18, 2015>

(3) Where a person subject to a imposition of a disciplinary surcharge receives a criminal penalty or fulfills his or her liability to compensate, etc. (including forfeiture or additional collection) or repays an amount recoverable or an additional charge after a resolution to impose a disciplinary surcharge is passed, the personnel committee shall take measures, such as granting a discount on, or an exemption from the disciplinary surcharge already decided, as prescribed by Presidential Decree. <Added on May 18, 2015>

(4) Where a person subject to the imposition of a disciplinary surcharge under paragraph (1) fails to pay the surcharge within the payment deadline, the person having the authority to impose the surcharge may collect such surcharge in the same manner as delinquent local taxes are collected. <Amended on May 18, 2015>

(5) The person having the authority to impose the surcharge may request the competent personnel committee to resolve on reduction in the amount of the disciplinary surcharge, if it is deemed impossible to collect the surcharge even after five years have elapsed from the date of delinquency of the surcharge despite his or her earnest effort in taking dispositions to collect under paragraph (4). <Added on Dec. 29, 2015>

[This Article Added on Mar. 22, 2010]

[Previous Article 69-2 Moved to Article 69-3 <Mar. 22, 2010>]

Article 69-3(Repeat Request for Resolution on Discipline) #

(1) Where the petition appeals commission or a court makes a decision or judgement of nullity or cancellation (including order of cancellation) of disciplinary action, etc. due to a ground falling under any of the following subparagraphs, a person having the authority to take action shall repeat the request for resolution on discipline; provided, he or she may choose not to request resolution on discipline, etc. in cases of a decision or judgment of nullity or cancellation (including order or cancellation) of action of pay cut or reprimand due to a ground falling under subparagraph 3: <Amended on Mar. 22, 2010>

1. Where a defect clearly exists in the application of statutes or regulations, in evidence, or in investigation of facts;

2. Where a defect clearly exists in the composition, or resolution on discipline, etc. or procedure, of the personnel committee;

3. Where a disciplinary decision or the amount of disciplinary surcharge is excessive.

(2) Where a person having the authority to take action requests resolution on discipline under paragraph (1), he or she shall make such request within three months after confirmation of the appeals commission's decision or court's judgment, and a competent personnel committee shall give priority to such resolution on discipline over other disciplinary cases. <Amended on Mar. 22, 2010>

[This Article Added on Dec. 31, 2008]

[This Article Wholly Amended on Dec. 22, 2010]

[Moved from Article 69-2 <Mar. 22, 2010>

Article 69-4(Confirmation of Grounds for Disciplinary Action against Public Official who Desires to Retire, and Restrictions on Retirement) #

(1) Where a public official desires to retire, the appointing authority shall confirm with the Board of Audit and Inspection and the head of an inspection or investigation agency such as the prosecution and the police (hereafter referred to as "inspection or investigation agency" in this Article) whether there exists a ground for disciplinary action against the public official under Article 69 (1) and whether the public official falls under any subparagraph of paragraph (2). <Amended on Jan. 29, 2020>

(2) Where a public official who desires to retire has any ground for disciplinary action corresponding to removal, release from office, degradation, or suspension from office or falls under any of the following (in the case of subparagraphs 1, 3, and 4, limited to where the relevant public official is deemed to be subject to disciplinary action such as removal, release from office, degradation, or suspension from office), according to the results of the confirmation under paragraph (1), the appointing authority shall request a resolution on disciplinary action, etc. without delay, and shall not permit the public official to retire: <Amended on Jan. 29, 2020>

1. Where the public official is prosecuted for a criminal case in relation to his or her misconduct;

2. Where a request is being made to the personnel committee to pass a resolution on disciplinary action corresponding to removal, release from office, degradation, or suspension from office against the public official;

3. Where an inspection or investigation agency is conducting an inspection or investigation in relation to the public official’s misconduct;

4. Where the audit and inspection department, etc. of an administrative agency at each level is conducting an internal audit and inspection or investigation in relation to the public official’s misconduct.

(3) Where a resolution on disciplinary action, etc. is requested under paragraph (2), the competent personnel committee shall make such resolution, etc. in preference to other disciplinary action cases.

(4) Other necessary matters, such as the procedures for restricting retirement, shall be prescribed by Presidential Decree. <Added on Jan. 29, 2020>

[This Article Added on Dec. 29, 2015]

[This Article Wholly Amended on Jan. 29, 2020]

Article 70(Types of Disciplinary Action) #

Disciplinary action shall be classified into removal, release from office, degradation, suspension from office, reduction of pay and reprimand.

[This Article Wholly Amended on Dec. 31, 2008]

Article 71(Effects of Disciplinary Action) #

(1) Degradation shall be made to the next lower class (referring to a position of a researcher or technical advisor in cases of a senior researcher or a senior technical advisor), and a person subject to demotion may maintain his or her status of public official, but may not engage in his or her duties for three months, and his or her pay shall be reduced in total for such period; provided, degradation shall not apply to public officials whose ranks are not classified pursuant to Article 4 (2), public officials with a fixed term of office, and school teachers and assistant instructors referred to in Article 14 of the Higher Education Act. <Amended on Dec. 11, 2012; Jan. 7, 2014; Dec. 29, 2015>

(2) Notwithstanding paragraph (1), where an educational expert official under the management of the Superintendent of an Office of Education is degraded, he or she shall be assigned to a lower position within the duties of the same kind pursuant to Article 2 (10) of the Public Educational Officials Act, and he or she shall hold his or her status as a public official but be unable to perform his or her duties for three months, and his or her pay shall be reduced in total for such period. <Added on Jan. 7, 2014; Dec. 29, 2015>

(3) The period of suspension from office shall be one to three months, and any person subject to a disposition of suspension from office shall hold his or her status as a public official during such period, but he or she shall be unable to perform his or her duties, and his or her pay shall be reduced in total. <Amended on Jan. 7, 2014; Dec. 29, 2015>

(4) The reduction of pay shall reduce the remuneration by one-third during the period of one to three months. <Amended on Jan. 7, 2014>

(5) The reprimand shall admonish a person for his or her previous offense, and make him or her repent his or her offense. <Amended on Jan. 7, 2014>

(6) The execution of disciplinary actions, such as demotion (limited to the effect of no engagement in duties for 3 months and payment of no wages during the period), suspension from office, or reduction of wages shall be suspended during the leave of absence. <Added on Mar. 19, 2024>

(7) With respect to a public official that is subject to a disciplinary action, it may not be permitted to promote him or her, or to raise his or her remuneration, during the period prescribed by Presidential Decree, after such action is taken or after the execution thereof is complete; provided, with respect to a public official that has received a reward, etc. for meritorious service in carrying out his or her duties after he or she receives a disciplinary disposition, the restriction period of appointment by promotion or a salary increase may be shortened or exempted, as prescribed by Presidential Decree. <Amended on Jan. 7, 2014; Mar. 19, 2024>

(8) Where a person who used to be a public official (including public officials in non-career service and State public officials) is re-appointed as a public official, the disciplinary action imposed under the statutes and regulations that applied before the reappointment shall be deemed as disciplinary action imposed under this Act from the date of the disciplinary action; provided, the effects of any disciplinary action, other than those prescribed in Article 70, shall be prescribed by Presidential Decree. <Amended on Jan. 7, 2014; Jun. 8, 2021; Mar. 19, 2024>

(9) Deleted. <Jun. 8, 2021>

[This Article Wholly Amended on Dec. 31, 2008]

Article 72(Procedures for Discipline) #

(1) Any disciplinary action, etc. against public officials shall be made by the appointing authority following a decision of the personnel committee; provided, any disciplinary action, etc. against public officials of Grade V or higher or public officials of lower grades connected to the former and against those who are involved in a matter under the jurisdiction of different agencies (a City/Do and a Si/Gun/Gu, or a Si/Gun/Gu) shall be made by a decision of the personnel committee under the jurisdiction of the Mayor/Do Governor or the personnel committee under the jurisdiction of the chairperson of the City/Do council, as prescribed by Presidential Decree. <Amended on Mar. 22, 2010; Oct. 8, 2021>

(2) If a resolution of the personnel committee is deemed light, the head of the agency which demanded resolution on discipline, etc., may request an examination or re-examination to the personnel committee established in the immediately superior agency (with respect to a decision of the relevant City/Do personnel committee, the relevant personnel committee; and where two or more personnel committees are established in the City/Do, with respect to a decision of the first personnel committee, the relevant personnel committee, and with respect to a decision of the second personnel committee, the first personnel committee), before taking any action. In such cases, he or she may designate a subordinate public official as his or her representative. <Amended on Mar. 22, 2010; Oct. 8, 2021>

[This Article Wholly Amended on Dec. 31, 2008]

[This Article Wholly Amended on Dec. 22, 2010]

Article 73(Management of Discipline) #

(1) With respect to cases under investigation by the Board of Audit and Inspection or cases under investigation by each administrative agency, as prescribed by Presidential Decree, no disciplinary decision or procedure shall be requested or proceed with from the date of notification of the beginning of an investigation under paragraph (3). <Amended on Mar. 22, 2010>

(2) With respect to cases under investigation by the public prosecutor, police or other criminal investigation agency, no disciplinary decision shall be requested or proceeded from the date of notification of the beginning of an investigation under paragraph (3).

(3) When the Board of Audit and Inspection, public prosecutor, police, other criminal investigation agency, or administrative agencies under paragraph (1) begins and concludes an investigation, it shall inform it to the head of the agency to which the person concerned belongs, within 10 days. <Amended on Mar. 22, 2010>

(4) The head of an affiliated agency notified of the completion of an investigation or investigation under paragraph (3) may request the Board of Audit and Inspection of Korea, the prosecution, the police, or any other investigative agency to provide materials for investigations and investigations prescribed by Presidential Decree within the scope necessary for the procedures for disciplinary actions. Upon receipt of such request, the Board of Audit and Inspection of Korea, the prosecution, the police, or any other investigative agency shall comply therewith, except in extenuating circumstances. <Newly Inserted on Dec. 31, 2024>

[This Article Wholly Amended on Dec. 31, 2008]

Article 73-2(Prescription of Grounds for Discipline and Disciplinary Surcharges) #

(1) No request for resolution on discipline, etc. shall be made after the following periods have elapsed from the date when grounds for discipline, etc. arise. <Amended on Jun. 8, 2021>

1. Where the reason for the disciplinary action, etc. is any of the following: 10 years:

(a) Prohibited acts under Article 4 of the Act on the Punishment of Arrangement of Commercial Sex Acts;

(b) Sexual crimes under Article 2 of the Act on Special Cases concerning the Punishment of Sexual Crimes;

(c) Sex offenses against children or youth under subparagraph 2 of Article 2 of the Act on the Protection of Children and Youth against Sex Offenses;

(d) Sexual harassment under subparagraph 2 of Article 3 of the Framework Act on Gender Equality;

2. Where the reason for the disciplinary action, etc. is any of the grounds under the subparagraphs of Article 69-2 (1): Five years;

3. In cases of other reasons for the disciplinary action, etc.: Three years.

(2) If a period under paragraph (1) expires or the remaining period thereof is less than one month because it was impossible to proceed with the disciplinary procedure under Article 73 (1) and (2), the period under paragraph (1) shall be deemed terminated at the expiration of one month from the date (where a person files any objection against investigation results, referring to a date such person receives notification of a decision regarding his or her objection) of notice of the closure of an investigation under Article 73 (3). <Amended on Mar. 22, 2010>

(3) If the appeals commission or court has made a decision or judgment to nullify or cancel a disciplinary action, etc., for reasons of composition of the personnel committee, resolutions on discipline, etc., any defect in procedures, disciplinary decision, or excess of disciplinary decision, it may be permitted to demand a new resolution on a decision within three months after such decision or judgment becomes definite, even if the period under paragraph (1) expires or the remaining period thereof is less than three months. <Amended on Mar. 22, 2010>

[This Article Wholly Amended on Dec. 31, 2008]

[This Article Wholly Amended on Dec. 22, 2010]

Article 73-3(Discipline against Public Officials in Non-Career Service) #

Except as otherwise provided in other Acts, this Chapter may also apply mutatis mutandis to public officials in non-career service, as prescribed by Presidential Decree.

[This Article Wholly Amended on Dec. 31, 2008]

Article 74(Training) #

(1) In order to cultivate the knowledge, techniques and capability of applicants in relation with their duties, all public officials and probationary officials shall undergo training, as prescribed by statutes or regulations.

(2) The Minister of Education or the Minister of the Interior and Safety shall establish a comprehensive plan on the training of public officials and provide coordination and supervision thereof. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

(3) The head of a local government, the chairperson of a local council, and a public official holding a position of an inspector are responsible for continuously training subordinate officials through day-to-day work. <Amended on Oct. 8, 2021>

(4) The results of training shall be reflected in the personnel management.

[This Article Wholly Amended on Dec. 31, 2008]

Article 75(Training Institution) #

The Ministry of Education, the Ministry of the Interior and Safety, and local governments may have training institutions for public officials. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

[This Article Wholly Amended on Dec. 31, 2008]

Article 75-2(Encouragement of Proactive Administration) #

(1) In order to encourage public officials to do proactive administration (referring to acts by public officials proactively handling work for the public interest, such as improving unreasonable regulations; hereinafter the same shall apply in this Article), the head of a local government may formulate and implement plans as prescribed by ordinance. In such cases, matters prescribed by Presidential Decree shall be included, such as preferential treatment in personnel affairs or implementation of training.

(2) In order to deliberate on the following matters regarding the promotion of proactive administration, a proactive administration committee shall be established under the jurisdiction of the head of a local government; provided, in cases where it is difficult to establish the proactive administration committee, the personnel committee (referring to the 1st personnel committee if there are multiple personnel committees in a City/Do) may function as the proactive administration committee:

1. Matters concerning the formulation of the plans under paragraph (1);

2. Matters requested by public officials to seek opinions on standards, procedures, methods, etc. for handling work in order to implement work proactively for the public interest, such as improving unreasonable regulations;

3. Other matters prescribed by Presidential Decree as necessary for the promotion of proactive administration.

(3) With regard to the outcome of proactive administration by a public official, if it is recognized that there is no intention or gross negligence in the public official's act, no disciplinary action, etc. shall be imposed as prescribed by Presidential Decree.

(4) The Minister of Education or the Minister of the Interior and Safety may discover and promote projects necessary for the creation of a culture of proactive administration in the public service society.

(5) Matters necessary for encouraging proactive administration shall be prescribed by Presidential Decree, such as arranging and operating the proactive administration committee and treating the public officials who have engaged in proactive administration preferentially in personnel affairs.

[This Article Added on Jun. 8, 2021]

Article 76(Rating of Service Records) #

(1) A person having the appointing authority shall, objectively and strictly, rate the service records of public officials under his or her control regularly or at any time, and shall reflect the rating on the personnel management.

(2) Any person graded as excellent in service records, as a result of a service record rating referred to in paragraph (1), may receive a bonus or a special raise in salary.

(3) Matters concerning service record rating referred to in paragraph (1) shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Dec. 31, 2008]

Article 77(Matters to be Implemented for Promotion of Efficiency) #

(1) The head of a local government and the chairperson of a local council shall formulate standards for the health, recreation, safety, welfare, and other necessary matters for public officials under their jurisdiction for the purpose of improving their service efficiency and shall implement such standards. In such cases, the head of the local government and the chairperson of the local council may cooperate with one another to integrate and operate such standards. <Amended on May 18, 2015; Oct. 8, 2021>

(2) The head of a local government and the chairperson of a local council may provide necessary support, such as provision of services by helpers under Article 19-2 of the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities (limits to public officials with severe disabilities) or provision of assistive engineering instruments, equipment, etc. under Article 21 (1) 2 of that Act, in order for public officials with disabilities under their jurisdiction to perform their duties without difficulties. <Amended on Jul. 20, 2021; Oct. 8, 2021>

(3) The head of a local government and the chairperson of a local council may designate a specialized institution assigned to perform some of the affairs under paragraph (2), as prescribed by municipal ordinances, and may fully or partially subsidize all or some expenses incurred in performing its supporting affairs. <Added on May 18, 2015; Oct. 8, 2021>

(4) Details, methods, procedures, etc. of support under paragraph (2) and matters necessary for entrustment under paragraph (3) shall be prescribed by municipal ordinances. <Added on May 18, 2015>

[This Article Wholly Amended on Dec. 31, 2008]

Article 78(Proposal System) #

(1) For the purposes of developing and adopting any creative opinion or device of public officials to promote the efficiency and economy in the operation of administration, the proposal system shall be established.

(2) Any person who has contributed remarkably to the development of the operation of administration by saving the national or local budget through the adoption and implementation of his or her proposal, may receive a bonus, and may be entitled to a special promotion or special raise in salary.

(3) Matters necessary for bonus, special promotion, or special raise in salary referred to in paragraph (2) above shall be prescribed by Presidential Decree and the operation of the proposal system shall be prescribed by Rules.

[This Article Wholly Amended on Dec. 31, 2008]

Article 79(Reward and Decoration) #

Any public official who has diligently performed his or her duties or has remarkably contributed to the society shall be rewarded by the head of a local government or the chairperson of a local council, as prescribed by municipal ordinance. <Amended on Oct. 8, 2021>

[This Article Wholly Amended on Dec. 31, 2008]

Article 80(Personnel Exchanges with State Public Officials) #

(1) A public official appointed under this Act may be appointed to a corresponding position of a state public official.

(2) If a public official is appointed as a state public official under paragraph (1), he or she shall take a career-competitive examination for appointment under the State Public Officials Act; provided, public officials of Grade V or higher who passed the examinations of appointment and promotion under Article 32 (3) shall be exempted from such examination. <Amended on May 23, 2011>

(3) In calculating the period of service for a public official appointed as a state public official, the period of service as a local public official shall be deemed the period of service as a state public official.

[This Article Wholly Amended on Dec. 31, 2008]

Article 81(Guidance and Supervision over Personnel Affairs Administration by Local Governments) #

The Minister of Education or the Minister of the Interior and Safety shall guide and supervise the personnel affairs of a City/Do so that the City/Do administers its personnel affairs in accordance with this Act, and the Mayor and Do Governor shall guide and supervise the personnel affairs of a Si/Gu/Gun in areas under his or her jurisdiction so that the Si/Gu/Gun administers its personnel affairs in accordance with this Act. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

[This Article Wholly Amended on Dec. 31, 2008]

Article 81-2(Fees) #

(1) Each person who intends to apply for an examination for initial appointment of public officials pursuant to Article 27 shall pay fees, as prescribed by Presidential Decree. In such cases, the amount of the fees shall be determined within the limits of actual expenses.

(2) In cases prescribed by Presidential Decree, such as where fees are erroneously or over paid, the fees paid may be returned.

(3) Notwithstanding paragraph (1), the head of an examination administering agency may discount on or exempt from fees for persons prescribed by Presidential Decree, such as recipients, etc. under the National Basic Living Security Act.

[This Article Added on May 18, 2015]

Article 82(Crime of Political Movement) #

(1) A person that violates Article 57 shall be punished by imprisonment with labor for not more than three years and suspension of qualification for not more than three years.

(2) The period of prescription of a public prosecution for the crime referred to in paragraph (1) shall be 10 years, notwithstanding Article 249 (1) of the Criminal Procedure Act.

[This Article Added on Jan. 14, 2014]

[Previous Article 82 moved to Article 83 <Jan. 14, 2014>]

Article 83(Penalty Provisions) #

Except as otherwise provided in other statutes, any person that violates Article 42, 43 or 58 shall be punished by imprisonment with labor for not more than one year or a fine not exceeding 10 million won. <Amended on Mar. 22, 2010; Jan. 14, 2014; Oct. 15, 2014>

[This Article Wholly Amended on Dec. 31, 2008]

[Moved from Article 82 <Jan. 14, 2014>]