Article 5(Minimum number of service years required for promotion) #
(1) If a police official intends to be promoted, he or she shall have served in the relevant rank for a period classified as follows: <Amended on Jan. 3, 2023>
1. Senior Superintendents: At least 3 years;
2. Superintendents and Senior Inspectors: At least 2 years;
3. Inspectors, Assistant Inspectors, Senior Police Officers, and Police Officers: At least 1 year.
(2) Periods of leave of absence, release from position, disciplinary action, and periods of restriction on promotion under Article 6 (1) 2 shall not be included in the period under paragraph (1); provided, the following periods shall be included in the period under paragraph (1): <Amended on Apr. 25, 2017; Sep. 18, 2018; Nov. 20, 2018; Aug. 31, 2021; Jan. 24, 2025>
1. The following periods during a leave of absence under Article 71 of the State Public Officials Act:
(a) Where a public official takes a leave of absence pursuant to Article 71 (1) 1 of the State Public Officials Act due to a disease or injury sustained in the line of duty under the Public Officials' Accident Compensation Act, the period of leave of absence;
(b) Where a public official takes a leave of absence pursuant to Article 71 (1) 3 or 5 or 71 (2) 1 of the State Public Officials Act, the period of such leave of absence;
(c) Where a public official takes a leave of absence pursuant to Article 71 (2) 2 of the State Public Officials Act, 50 percent of the period of leave of absence;
(d) Where a public official takes a leave of absence pursuant to Article 71 (2) 4 of the State Public Officials Act (hereinafter referred to as "child care leave"), the period of such leave of absence; provided, the period included in the period under paragraph (1), combined with the period of service during which the public official was designated and served as a public official converted to part-time service in lieu of child care leave under paragraph (6) 3, shall not exceed 3 years per child;
2. In any of the following cases, the period during which he or she is released from his or her position:
(a) Where the competent disciplinary committee decides not to take a disciplinary action against a person who has been subject to a release from his or her position pursuant to Article 73-3 (1) 3 of the State Public Officials Act, and where the disciplinary action leading to the release from position is invalidated or revoked by a decision of the appeals review committee or a court judgment;
(b) Where a person who was subjected to release from position pursuant to Article 73-3 (1) 4 of the State Public Officials Act is found not guilty in a criminal case that was the basis for release from the position through the decision of the court:
(c) Where any misconduct (hereinafter referred to as "misconduct") which is a cause for disposition against a person who was subjected to release from position under Article 73-3 (1) 6 of the State Public Officials Act falls under both (i) and (ii):
(i) In any of the following cases in relation to disciplinary procedures for misconduct:
(ii) Where the results of an inspection or investigation of a misconduct fall under any of the following cases:
(3) The period during which a person appointed as an inspector after graduating from the Korean National Police University served as a member of an auxiliary police company pursuant to Article 2-3 (2) of the Act on the Establishment and Operation of Auxiliary Police Companies shall not be included in the period prescribed in paragraph (1). <Amended on Oct. 31, 2016>
(4) If a person employed as a police official pursuant to Article 10 (3) 4 of the Act has previously served as a public official of Grade V or higher (including a public official in special service corresponding thereto) for at least 5 years before his or her employment, he or she shall be deemed to have served during the period equivalent to 20 percent of such period he or she held at the time of employment and the period shall count toward that referred to in paragraph (1). <Amended on Jun. 12, 2018; Dec. 31, 2020>
(5) The training period as a judicial trainee under Article 72 of the Court Organization Act shall be included in the minimum number of years of service required for promotion to Superintendent or lower-ranking police officials under paragraph (1).
(6) For police officials working shorter hours than the ordinary working hours under Article 26-2 of the State Public Officials Act and Article 57-3 of the Decree on the Appointment of Public Officials (hereinafter referred to as "police official converted to part-time service"), their period of service shall be included in the period referred to in paragraph (1) in accordance with the following standards: <Amended on Jun. 12, 2018; Sep. 18, 2018; Jan. 24, 2025>
1. The entire period of up to 1 year during which he or she served as a police officer converted to part-time service at the relevant rank;
2. Any period exceeding 1 year during which he or she served as a police officer converted to part-time service at the relevant rank, calculated in proportion to the service hours;
3. The entire period of up to 3 years per child during which he or she was designated and served as a police official converted to part-time service in lieu of child care leave at the relevant rank.
(7) If a demoted person is later promoted back to the rank he or she held immediately before the demotion, the service period in the rank immediately before the demotion shall be included in the period referred to in paragraph (1).
(8) In the event of a demotion, the service period in the rank immediately preceding the demotion shall be included in the period referred to in paragraph (1).
[This Article Wholly Amended on Jan. 9, 2013]