Article 1(Purpose) #
The purpose of this Decree is to prescribe procedures for settling grievances filed by public officials through grievance counseling, grievance review, etc. and other matters necessary for resolving grievances pursuant to Articles 76-2 and 76-3 of the State Public Officials Act, Article 31 of the Police Officials Act, Article 27 of the Firefighting Officials Act, and Article 49 of the Educational Officials Act. <Amended on Mar. 10, 2020; Dec. 31, 2020>
[This Article Wholly Amended on Apr. 16, 2019]
Article 2(Eligibility for grievance settlement) #
(1) A public official may request settlement of grievances related to personal issues concerning his or her working conditions, such as personnel affairs, organization, and treatment, or grievances related to sexual crimes defined in Article 2 of the Act on Special Cases concerning the Punishment of Sexual Crimes (hereinafter referred to as "sexual crimes"), sexual harassment defined in subparagraph 2 of Article 3 of the Framework Act on Gender Equality (hereinafter referred to as "sexual harassment"), and unjust acts, etc. under Article 13-3 of the Code of Conduct for Public Officials.
(2) The Minister of Personnel Management, the appointing authority, or the appointment-recommendation authority shall strive to prevent grievances among public officials and to settle grievances that arise promptly and fairly.
[This Article Wholly Amended on Apr. 16, 2019]
Article 2-2(Grievance settlement procedures) #
(1) Grievance settlement procedures shall be classified into grievance counseling, grievance review, and handling of reports on sexual crimes and sexual harassment.
(2) If an appointing authority or an appointment-recommendation authority (hereinafter referred to as "appointing authority, etc.") and the Minister of Personnel Management deem it necessary to review grievances during the course of processing grievance counseling or reports on sexual crimes or sexual harassment, he or she may initiate grievance review procedures after obtaining the following consents: <Amended on Dec. 24, 2024>
1. Grievance counseling: Consent of the person who has filed the grievance;
2. Reporting on sexual crimes or sexual harassment: Consent of the victims.
(3) If a request for a grievance review is filed due to improper words or behavior, physical contact, or illegal or unjust instructions, etc. by a superior or subordinate, colleague, or any other persons related to his or her duties and if necessary for the prompt investigation of grievance and the prevention of damage, etc., the appointing authority, etc. may take the following measures even before the grievance review procedures begin, and the Minister of Personnel Management may request the appointing authority, etc. to implement the following measures and notify the results thereof:
1. Investigation into facts of damage;
2. Measures taken against the perpetrator, etc.;
3. Protection of and support for victims;
4. Measures to prevent further damage.
[This Article Added on Apr. 16, 2019]
Article 3(Ordinary Grievance Review Committee for Public Officials in General Service) #
(1) An Ordinary Grievance Review Committee under Article 76-2 (4) of the State Public Officials Act (hereinafter referred to as the “Ordinary Grievance Review Committee”) shall be established for each appointing authority with respect to the new recruitment of public officials of Grade VI or lower, researchers, technical advisors, or public officials in general service in equivalent positions (including those delegated with recruitment authority). <Amended on May. 19, 1983; Dec. 31, 1984; Dec. 31, 1985; Sep. 6, 2007; Nov. 20, 2013; Apr. 16, 2019; Jan. 25, 2022>
(2) The Ordinary Grievance Review Committee shall be composed of at least 7, but not more than 15 members who are public officials and civilians, including 1 chairperson. In such cases, at least 1/2 of the members, excluding the chairperson, shall be civilians. <Amended on May 15, 2018>
(3) The chairperson of the Ordinary Grievance Review Committee shall be a director in charge of personnel affairs or audit, or a person who holds a corresponding position, selected from among public officials of the agency where the committee is established. <Added on May. 15, 2018>
(4) Public officials serving as members of an ordinary grievance review committee shall be appointed by the head of the agency where the committee is established from among public officials (including local public officials) of a rank higher than that of a person who files a request for the grievance review (hereinafter referred to as "petitioner") or public officials (including local public officials) equivalent thereto. <Added on May. 15, 2018>
(5) Civilians serving as members of the Ordinary Grievance Review Committee shall be commissioned by the head of the agency where the committee is established from among the following persons: <Added on May. 15, 2018; Jan. 25, 2022>
1. A retired public official with at least 20 years of service;
2. A person currently an assistant professor or higher, teaching law, public administration, psychology, or mental health medicine at a university or college;
3. Persons who have served as attorney-at-law or certified public labor attorney for at least 5 years;
4. Medical personnel defined in Article 2 of the Medical Service Act.
(6) Each civilian member of the Ordinary Grievance Review Committee shall hold office for a term of 2 years and may be appointed consecutively only once. <Added on Jan. 25, 2022>
(7) Each meeting of the Ordinary Grievance Review Committee shall include the chairperson and at least 5 but not more than 7 members designated by the chairperson, taking into account gender diversity. In such cases, at least 1/3 of the members included in the meeting shall be civilians. <Added on May 15, 2018; Jan. 25, 2022>
(8) If a civilian member of the Ordinary Grievance Review Committee falls under any of the following, the head of an agency where the committee is established may dismiss him or her: <Added on Jan. 25, 2022>
1. Where the member becomes unable to perform his or her duties due to a mental or physical disability;
2. Where the member commits irregularities related to his or her duties;
3. Where the member is deemed unsuitable as a member due to neglect of duties, injury to dignity, or any other cause;
4. Where the member expresses that it is difficult for him or her to perform his or her duties.
Article 3-2(Grievance Review Committee for Police Officials) #
(1) "Police agency ... prescribed by Presidential Decree" in Article 31 (1) of the Police Officials Act means police agencies designated by the Minister of the Interior and Safety or the Minister of Oceans and Fisheries from among the Korean National Police University, the Police Human Resources Development Institute, the Central Police Academy, the Korean Police Investigation Academy, police stations, police squads, patrol ships, and other police agencies headed by at least Senior Inspectors. <Amended on Aug. 8, 1996; Sep. 6, 2007; Sep. 20, 2007; Dec. 31, 2008; Dec. 31, 2008; Nov. 23, 2009; Mar. 23, 2013; Nov. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Mar. 30, 2018; Dec. 31, 2020>
(2) The Ordinary Grievance Review Committee for Police Officials shall be composed of at least 7, but not more than 15 members who are public officials and civilians, including 1 chairperson. In such cases, at least 1/2 of the members, excluding the chairperson, shall be civilians. <Amended on May 15, 2018; Jan. 25, 2022>
(3) The chairperson of the Grievance Review Committee for Police Officials shall be a director in charge of personnel affairs or audit or a person who holds a corresponding position, from among public officials of an agency where the committee is established. <Added on May. 15, 2018; Jan. 25, 2022>
(4) Public officials serving as members of the Grievance Review Committee for Police Officials shall be appointed by the head of an agency where the committee is established from among public officials of a rank equivalent to or higher than that of the petitioner. <Added on May. 15, 2018; Jan. 25, 2022>
(5) Civilians serving as members of the Ordinary Grievance Review Committee for Police Officials shall be commissioned by the head of the agency where the committee is established from among the following persons: <Added on May. 15, 2018; Jan. 25, 2022>
1. Retired police officials with at least 20 years of service;
2. Persons who currently teach law, public administration, psychology, mental health medicine, or police science as assistant professor or higher at a university or college;
3. Persons who have served as attorney-at-law or certified public labor attorney for at least 5 years;
4. Medical personnel defined in Article 2 of the Medical Service Act.
(6) Each civilian member of the Ordinary Grievance Review Committee for Police Officials shall hold office for a term of 2 years and may be appointed consecutively only once. <Added on Jan. 25, 2022>
(7) Each meeting of the Ordinary Grievance Review Committee for Police Officials shall include the chairperson and at least 5 but not more than 7 members designated by the chairperson, taking into account gender diversity. In such cases, at least 1/3 of the members included in the meeting shall be civilians. <Added on May 15, 2018; Jan. 25, 2022>
(8) If a civilian member of the Ordinary Grievance Review Committee for Police Officials falls under any of the following, the head of an agency where the committee is established may dismiss him or her: <Added on Jan. 25, 2022>
[This Article Added on May 19, 1983]
[Title Amended on May 15, 2018]
Article 3-3(Grievance Review Committee for Firefighting Officials) #
(1) "Fire agencies prescribed by Presidential Decree" in Article 27 (1) of the Firefighting Officials Act means the Central Fire Service Academy, the Central 119 Rescue Headquarters, the National Fire-Fighting Research Institute, local firefighting schools, Seoul General Disaster Prevention Center, fire stations, 119 special response teams, and firefighting experience centers. <Amended on Mar. 10, 2020; Oct. 14, 2021>
(2) The Ordinary Grievance Review Committee for Firefighting Officials shall be composed of at least 7, but not more than 15 members who are public officials and civilians, including 1 chairperson. In such cases, at least 1/2 of the members, excluding the chairperson, shall be civilians. <Amended on May 15, 2018; Jan. 25, 2022>
(3) The chairperson of the Grievance Review Committee for Firefighting Officials shall be a director in charge of personnel affairs or audit or a person who holds a corresponding position, from among public officials of an agency where the committee is established. <Added on May. 15, 2018; Jan. 25, 2022>
(4) Public officials serving as members of the Grievance Review Committee for Firefighting Officials shall be appointed by the head of the agency where the committee is established from among public officials (including local public officials) of a rank equivalent to or higher than that of the petitioner. <Added on May. 15, 2018; Jan. 25, 2022>
(5) Civilians serving as members of the Ordinary Grievance Review Committee for Firefighting Officials shall be commissioned by the head of the agency where the committee is established from among the following persons: <Added on May. 15, 2018; Jan. 25, 2022>
1. Retired firefighting officials with at least 20 years of service;
2. Persons who currently teach law, public administration, psychology, mental health medicine, or fire science as assistant professor or higher at a university or college;
3. Persons who have served as attorney-at-law or certified public labor attorney for at least 5 years;
4. Medical personnel defined in Article 2 of the Medical Service Act.
(6) Each civilian member of the Ordinary Grievance Review Committee for Firefighting Officials shall hold office for a term of 2 years and may be appointed consecutively only once. <Added on Jan. 25, 2022>
(7) Each meeting of the Ordinary Grievance Review Committee for Firefighting Officials shall include the chairperson and at least 5 but not more than 7 members designated by the chairperson, taking into account gender diversity. In such cases, at least 1/3 of the members included in the meeting shall be civilians. <Added on May 15, 2018; Jan. 25, 2022>
(8) If a civilian member of the Ordinary Grievance Review Committee for Firefighting Officials falls under any of the following, the head of an agency where the committee is established may dismiss him or her: <Added on Jan. 25, 2022>
[This Article Added on May 19, 1983]
[Title Amended on May 15, 2018]
Article 3-4(Ordinary Grievance Review Committee for Educational Officials) #
(1) The Ordinary Grievance Review Committee for Educational Officials under Article 49 (3) of the Educational Officials Act (hereinafter referred to as the “Ordinary Grievance Review Committee for Educational Officials”) shall be composed of at least 7, but not more than 15 members who are public officials and civilians, including 1 chairperson. In such cases, at least 1/2 of the members, excluding the chairperson, shall be civilians. <Amended on Jan. 25, 2022>
(2) The chairperson of the Ordinary Grievance Review Committee for Educational Officials shall be a director in charge of personnel affairs or audit, or a person who holds a corresponding position, selected from among public officials of the agency where the committee is established. <Added on Jan. 25, 2022>
(3) Public officials serving as members of the Ordinary Grievance Review Committee for Educational Officials shall be appointed by the head of the agency where the committee is established from among public officials (including local public officials) of a rank equivalent to or higher than that of the petitioner. <Added on Jan. 25, 2022>
(4) Civilians serving as members of the Ordinary Grievance Review Committee for Educational Officials shall be commissioned by the head of the agency where the committee is established from among the following persons: <Amended on Jan. 25, 2022>
1. Retired teachers or public officials at an educational administrative agency with at least 20 years of service;
2. Persons who currently teach law, public administration, psychology, mental health science, or education as assistant professor or higher at a university or college (in cases of an ordinary grievance review committee established at a university or college, those who belong to the relevant university or college shall be excluded);
3. Persons who have served as attorney-at-law or certified public labor attorney for at least 5 years;
4. Medical personnel defined in Article 2 of the Medical Service Act.
(5) Each civilian member of the Ordinary Grievance Review Committee for Educational Officials shall hold office for a term of 2 years and may be appointed consecutively only once. <Added on Jan. 25, 2022>
(6) Each meeting of the Ordinary Grievance Review Committee for Educational Officials shall include the chairperson and at least 5 but not more than 7 members designated by the chairperson, taking into account gender diversity. In such cases, at least 1/3 of the members included in the meeting shall be civilians. <Added on Jan. 25, 2022>
(7) If a civilian member of the Ordinary Grievance Review Committee for Educational Officials falls under any of the following, the head of an agency where the committee is established may dismiss him or her: <Added on Jan. 25, 2022>
[This Article Wholly Amended on May 15, 2018]
Article 3-5(Executive secretaries of the Grievance Review Committee) #
(1) The Central Grievance Review Committee under Article 76-2 (4) of the State Public Officials Act, the Central Grievance Review Committee for Educational Officials under Article 49 (3) of the Educational Officials Act, the Ordinary Grievance Review Committee, the Grievance Review Committee for Police Officials, the Grievance Review Committee for Firefighting Officials, or the Ordinary Grievance Review Committee for Educational Officials (hereinafter referred to as the “Grievance Review Committee”) shall have several executive secretaries, who shall be appointed by the head of the agency where the committee is established from among police officials of the agency. <Amended on Jan. 25, 2022>
(2) The executive secretary shall handle the following matters under the direction of the chairperson:
1. Preparation and handling of proposals for grievance reviews;
2. Preparation necessary for holding meetings;
3. Preparation and keeping of minutes;
4. Other matters necessary for operating a grievance review committee.
[This Article Wholly Amended on May 15, 2018]
Article 3-6(Jurisdiction of the Grievance Review Committee) #
(1) The Central Grievance Review Committee under Article 76-2 (4) of the State Public Officials Act (hereinafter referred to as the “Central Grievance Review Committee”) shall review a request for re-deliberation which has passed through the Ordinary Grievance Review Committee, and review grievances of public officials of Grade V or higher (including members in general service of the Senior Executive Service), senior researchers, senior technical advisors, public officials in professional service, or public officials in general service in equivalent positions, and the Ordinary Grievance Review Committee shall review grievances of public officials of Grade VI or lower belonging thereto, researchers, technical advisors, or public officials in general service in equivalent positions. <Added on Dec. 31, 1984; Dec. 31, 1985; Jun. 12, 2006; Sep. 6, 2007; Nov. 20, 2013; Jan. 10, 2017; Apr. 16, 2019; Jan. 25, 2022>
(2) With respect to a request for review of grievances related to a person with a subordinate or higher position, a grievance review committee having jurisdiction over the highest-ranking person involved shall review and decide on the grievance.
(3) If a request for review of grievances is filed, if it is impracticable to establish a Grievance Review Committee with those in higher positions than the petitioner due to the circumstances facing the relevant agency, the Grievance Review Committee established in the immediately higher supervisory agency shall review and determine the grievance.
(4) The Central Grievance Review Committee may review and decide on grievances involving both persons governed by the State Public Officials Act and those governed by other statutes. <Amended on Sep. 6, 2007>
(5) The Central Grievance Review Committee may review any of the following matters, which are grievances of public officials of Grade VI or lower, if it is inappropriate for the Ordinary Grievance Review Committee to do so pursuant to the proviso of Article 76-2 (5) of the State Public Officials Act: <Added on Apr, 16, 2019>
1. Grievances regarding sexual crimes or sexual harassment;
2. Grievances due to unjust acts under Article 13-3 of the Code of Conduct for Public Officials;
3. Other grievances caused by unreasonable discrimination based on gender, religion, age, etc.
[This Article Added on May 19, 1983]
Article 3-7(Special cases concerning composition of the Grievance Review Committee) #
(1) Notwithstanding Articles 3 (2), 3-2 (2), and 3-3 (2), the head of the Ordinary Grievance Review Committee, the Grievance Review Committee for Police Officials, or the Grievance Review Committee for Firefighting Officials may establish a committee, which consists of not less than 5 but not more than 7 public official and civilian members, including 1 chairperson, in consultation with the Minister of Personnel Management, if necessary in consideration of the number of employees under his or her jurisdiction, the size of the organization, the scope of jurisdiction, etc. <Amended on Jan. 25, 2022>
(2) Notwithstanding Articles 3 (7), 3-2 (7), and 3-3 (7), if an Ordinary Grievance Review Committee, a Grievance Review Committee for Police Officials, or a Grievance Review Committee for Firefighting Officials is established pursuant to paragraph (1), meetings of such committee may be organized by the chairperson with at least 3 but not more than 5 members designated by the chairperson at each meeting, considering gender diversity. <Amended on Jan. 25, 2022>
[This Article Added on Apr. 16, 2019]
Article 4(Request for grievance review) #
(1) A public official filing a request for a grievance review shall submit a written request for the grievance review stating the following matters (hereinafter referred to as "written request") to the head of an agency where the committee is established, and if he or she files a request for re-deliberation, he or she shall attach a copy of the written decision on the grievance review of the relevant Grievance Review Committee (hereinafter referred to as "written decision"): <Amended on May 19, 1983, Jun. 12, 2006; Apr. 16, 2019>
1. Address, name, and date of birth;
2. The name of the affiliated agency, and the class or position held;
3. The purpose of and grounds for request for grievance review.
(2) Upon receiving a request for grievance review, the head of an agency where the committee is established shall, without delay, refer the request to a meeting of the Grievance Review Committee under his or her jurisdiction for review. <Amended on Jan. 5, 2021>
Article 5(Request for supplementation) #
(1) If the Grievance Review Committee deems that there is a defect in the written request, it may request the petitioner to supplement the request within a reasonable period not exceeding 7 days of receiving the request, and the petitioner shall supplement the request within such period; provided, if the defect is minor, it may be supplemented ex officio.
(2) If the petitioner fails to supplement the written request within the supplementation period under paragraph (1), the request for grievance review shall be deemed withdrawn.
(3) If the whereabouts of a petitioner is not clear, the Grievance Review Committee shall publish a request for supplementation under paragraph (1) in the Official Gazette. In such cases, the request for supplementation shall be deemed delivered to the petitioner on the date that is 10 days after the date of publication.
(4) The processing period for a request for grievance review whose supplementation is requested pursuant to paragraph (1) shall be counted from the date on which such supplementation is completed.
[This Article Wholly Amended on Dec. 24, 2024]
Article 6(Recusal and challenge) #
(1) A member of the Grievance Review Committee who is a relative of the petitioner or is closely related to the grounds for the request may recuse himself or herself from the grievance review.
(2) If the circumstances indicate that it would be impracticable to expect fair grievance review by a member of the Grievance Review Committee, the petitioner may file a motion for challenge to the member, and the Grievance Review Committee shall determine whether to accept the motion by a resolution.
Article 7(Grievance review procedures) #
(1) The Grievance Review Committee shall make a decision on a grievance review within 30 days of receiving the written request; provided, if deemed unavoidable, the committee may extend the period by up to 30 days by its resolution. <Amended on May. 15, 2018; Jan. 25, 2022>
(2) When the Grievance Review Committee receives a written request, it shall send a copy of the request to the disposition agency or the head of the relevant agency without delay. <Added on Jan. 25, 2022>
(3) Upon receiving a copy of a written request under paragraph (2), the disposition agency or the head of a relevant agency shall submit a written reply to the request for grievance review and as many copies as the number of petitioners within 14 days of receiving the copy. <Added on Jan. 25, 2022>
(4) If the details of a written reply submitted pursuant to paragraph (3) are insufficient or evidentiary materials are required, the Grievance Review Committee may request the disposition agency or the head of the relevant agency to supplement the details of the reply or to submit evidentiary materials within a specified period. In such cases, the disposition agency or the head of the relevant agency, upon receiving such request, shall comply therewith unless there is a compelling reason not to do so. <Added on Jan. 25, 2022; Dec. 24, 2024>
(5) The disposition agency or the head of the relevant agency shall take measures to prevent personal information of relevant persons, etc. from being disclosed when submitting a written reply and evidentiary materials pursuant to paragraphs (3) and (4) <Added on Jan. 25, 2022>
(6) The Grievance Review Committee shall, without delay, serve a copy of a written reply submitted pursuant to paragraphs (3) and (4), the details of answers additionally submitted, and evidentiary materials on the petitioner. <Added on Jan. 25, 2022>
(7) If deemed necessary for grievance review, the Grievance Review Committee may conduct a fact-finding investigation using the following methods: <Amended on May 15, 2018; Jan. 25, 2022>
1. Requesting the petitioner, the head of an agency where the committee is established, the head of an agency to which the petitioner belongs, or his or her agent or relevant person to appear and make statements;
2. Requesting relevant agencies to submit review data;
3. Requesting a person who has knowledge of and experience in a specialized field for examination, appraisal, or advice;
4. Other methods of conducting fact-finding investigations through public officials under his or her jurisdiction.
(8) If the Grievance Review Committee hears statements from the petitioner or relevant persons or ask questions and receive answers verbally pursuant to paragraph (7) or Article 8 (2), it shall prepare a written record of hearing or questions and answers. <Amended on May 15, 2018; Jan. 25, 2022>
Article 8(Notice of review date) #
(1) The Grievance Review Committee shall notify the petitioner and the disposition agency of the date, time, and place of the review no later than 5 days before the review date. In such cases, if a person who has been notified is unable to attend the review due to good cause or if it is necessary to postpone the review, he or she may request the postponement of review in writing, and the Grievance Review Committee may reset the review date. <Amended on Dec. 24, 2024>
(2) If the Grievance Review Committee issues notice under paragraph (1), it shall give the petitioner and the disposition agency the opportunity to attend the review and state their opinions, or to submit written opinions.
(3) If the petitioner and the disposition agency upon receiving the notice under paragraph (1) fail to appear on the review date without any special reason, the Grievance Review Committee may proceed with the review and make a decision without their statement; provided, when a written statement is made, the purport thereof shall be included in the written decision. <Added on Dec. 24, 2024>
(4) If a person who attends a review after receiving notice under paragraph (1) is a public official, the head of the agency to which he or she belongs shall grant him or her an official leave. <Added on Dec. 24, 2024>
(5) If the whereabouts of a petitioner is not clear, the Grievance Review Committee shall publish the notice under paragraph (1) in the Official Gazette. In such cases, the notice shall be deemed delivered to the petitioner on the date that is 10 days after the date of publication. <Added on Dec. 24, 2024>
[This Article Wholly Amended on May 15, 2018]
Article 9(Right to submit evidence) #
(1) A petitioner, a disposition agency, or the head of a relevant agency may submit evidence or other materials for review to the Grievance Review Committee.
(2) A petitioner, a disposition agency, or the head of a relevant agency may make the following requests to the Grievance Review Committee:
1. Summoning of witnesses;
2. Questioning of witnesses;
3. Request for submission of evidence or other materials for review.
(3) The Grievance Review Committee shall decide whether to accept the application under paragraph (2).
(4) The travel expenses for the witnesses sought by the petitioner, the head of the disposing agency, or the head of the relevant agency shall be borne by the petitioner.
(5) If the witness adopted by the Grievance Review Committee is a public official, the head of the agency to which he or she belongs shall grant him or her an official leave.
(6) If a person who has submitted evidence or other materials for review pursuant to paragraph (1) or (2), files an application for return after the decision on the request for a grievance review is made, the Grievance Review Committee may return the relevant evidence or other review materials.
[This Article Wholly Amended on Dec. 24, 2024]
Article 10(Decision of the Grievance Review Committee) #
(1) Decisions of the Ordinary Grievance Review Committee, the Grievance Review Committee for Police Officials, the Grievance Review Committee for Firefighting Officials, and the Ordinary Grievance Review Committee for Educational Officials (hereinafter referred to as the “Ordinary Grievance Review Committee, etc.”) shall be made with the attendance of at least 5 members under the former part of Article 3 (7), of Article 3-2 (7), of Article 3-3 (7), or of Article 3-4 (6), and the agreement of a majority of those present. <Amended on Apr. 16, 2019; Jan. 25, 2022>
(2) The decision of the Central Grievance Review Committee shall be made with the attendance of at least 2/3 of the members (referring to both standing members and non-standing members of the appeals review committee established in the Ministry of Personnel Management pursuant to Article 9 (3) of the State Public Officials Act) and the agreement of a majority of the members present. <Added on Apr. 16, 2019>
(3) Decisions of the Grievance Review Committee shall be classified as follows: <Amended on Apr. 16, 2019>
1. Where a request for grievance review is deemed to have reasonable grounds: A decision to request the disposition agency or the head of the relevant agency to take corrective measures;
2. Where a request is deemed not warranted but improvement in institutions, policies, etc. is needed: A decision to recommend reasonable improvements or express its opinion to the disposition agency or the head of the relevant agency;
3. Where a request for a grievance review is deemed groundless: A decision to dismiss the request;
4. Where a request for grievance review falls under any of the following items: A decision to dismiss the request without prejudice:
(a) Where the request for grievance review is not legitimate;
(b) Where there is clearly no practical benefit in the grievance review, such as where the case is terminated or where an appeal or a grievance review decision has already been made on the same case.
(4) Notwithstanding paragraph (1), if the number of members of a meeting of the Ordinary Grievance Review Committee, the Grievance Review Committee for Police Officials, or Grievance Review Committee for Firefighting Officials is adjusted pursuant to Article 3-7 (2), the decision of such committee shall be made with the attendance of all members and the agreement of a majority of the members present. <Added on Apr. 16, 2019; Jan. 25, 2022>
(5) Notwithstanding paragraphs (1) and (4), matters relating to the extension of the deadline for decision on a grievance review under the proviso of Article 7 (1) may be resolved in writing. <Added on Jan. 25, 2022>
[This Article Wholly Amended on May 15, 2018]
Article 11(Preparation and delivery of written decisions) #
(1) When the Grievance Review Committee makes a decision on a request for grievance review, it shall prepare a written decision, and the chairperson and the members present shall affix their signatures and seals thereon.
(2) If the written decision is prepared, it shall be forwarded to the head of the agency where the committee is established without delay.
Article 12(Handling results of grievance review) #
(1) Upon receiving the written decision under Article 11 (2), the head of an agency where the committee is established shall notify the petitioner, the disposition agency, or the head of the relevant agency of the review results.
(2) Upon receiving a request for correction under Article 10 (3) 1 as a result of the review under paragraph (1), the head of the disposition agency or the head of the relevant agency shall comply with such request unless there is a compelling reason not to do so, and shall notify the head of the agency where the committee is established of the results of the processing within 30 days of receiving the request for correction; provided, where it is impossible to comply with such request for correction due to a compelling reason, such reason shall be notified in writing to the head of the agency where the committee is established. <Amended on Apr. 16, 2019>
(3) Upon receiving a recommendation for improvement under Article 10 (3) 2 as a result of the review under paragraph (1), the head of the disposition agency or the head of the relevant agency shall endeavor to implement such recommendation. <Added on Apr. 16, 2019>
(4) The Minister of Personnel Management or the head of an agency where the committee is established may regularly investigate the results of implementation under paragraphs (2) and (3) and disclose them on the website; provided, where the implementation results by another agency are included in the details of disclosure, the head of the agency where the committee is established shall obtain prior consent from the relevant agency before disclosure. <Added on Apr. 16, 2019>
(5) The petitioner may request the disposition agency or the head of the relevant agency to notify the results of implementation under paragraph (2). <Added on Dec. 24, 2024>
(6) Upon receiving a request for notification under paragraph (5), the disposition agency or the head of the relevant agency shall notify the results of implementation in writing unless there is a compelling reason not to do so. In such cases, measures shall be taken to prevent the personal information of relevant persons, etc. from being disclosed. <Added on Dec. 24, 2024>
(7) If a request for grievance review for which the implementation results have been notified pursuant to paragraph (6) is associated with personal issues arising from a sexual crime, sexual harassment, or an unjust act under Article 13-3 of the Code of Conduct for Public Officials, the petitioner shall not disclose the details of such notification. <Added on Dec. 24, 2024>
[This Article Wholly Amended on May 15, 2018]
Article 13(Period for requesting re-deliberation) #
If a request for re-deliberation is made with the Central Grievance Review Committee or the Central Grievance Review Committee for Educational Officials under Article 49 (3) of the Educational Officials Act because of dissatisfaction with a decision on the grievance review by the Ordinary Grievance Review Committee, etc. a written request shall be submitted within 30 days of being notified of the review results. <Amended on May. 19, 1983; May. 15, 2018; Jan. 25, 2022>
[Title Amended on May 15, 2018]
Article 13-2(Settlement of grievances among public officials in non-career service) #
A public official in extraordinary civil service may request a grievance review pursuant to the provisions of this Decree. In such cases, the jurisdiction of the Grievance Review Committee and the settlement of grievances shall follow procedures for public officials in career service of the corresponding rank or position. <Amended by Jun. 12, 2006; Sep. 6, 2007; Nov. 20, 2013>
[This Article Added on May 19, 1983]
Article 14(Handling of grievance counseling) #
(1) The appointing authority, etc. shall take the following measures to handle grievance counseling:
1. Establishing a dedicated department headed by a public official of Grade IV or higher or equivalent thereto for settling grievances in each agency and designating a grievance counselor;
2. Establishing a grievance counseling window;
3. Implementing measures to prevent the divulgence of personal information of applicants for counseling;
4. Implementing measures to record and manage the contents of counseling, such as preparing a counseling ledger;
5. Investigating and reporting on the status of grievances at least once a year.
(2) The Minister of Personnel Management shall take measures under paragraph (1) 2 through 4 to handle grievance counseling.
(3) Except as provided in paragraphs (1) and (2), matters necessary for handling grievance counseling shall be determined by the Minister of Personnel Management.
[This Article Added on Apr. 16, 2019]
[Previous Article 14 moved to Article 18 <Apr. 16, 2019>]
Article 15(Reporting and investigation of sexual crimes and sexual harassment) #
(1) Pursuant to Article 76-2 (1) of the State Public Officials Act, if a person becomes aware of a sexual crime or sexual harassment in an institution, he or she may report it to the Minister of Personnel Management and the appointing authority, etc.
(2) Upon receiving a report under paragraph (1), the Minister of Personnel Management shall, without delay, verify the details of the report and, if the relevant appointing authority, etc. fail to conduct an investigation under Article 4 of the Regulations on Personnel Management for Elimination of Sexual Harassment and Sexual Violence, the Minister may request the relevant appointing authority, etc. to conduct an investigation and submit the results thereof.
(3) If the appointing authority, etc. fail to conduct an investigation or deems that the investigation is insufficient even though the Minister of Personnel Management has requested one pursuant to paragraph (2), he or she shall directly investigate the report under paragraph (1) using the following methods:
1. Requesting the victim or alleged victim of a sexual crime or sexual harassment (hereinafter referred to as "victim, etc."), a person who is reported to have committed a sexual crime or sexual harassment (hereinafter referred to as "reported person"), or a relevant person to attend and hear his or her statements, or to submit a written statement;
2. Requesting the victim, etc., reported person, relevant person, or related agency, etc. to submit materials deemed related to the matters subject to investigation;
3. Seeking expert advice.
(4) Upon receiving a request for attendance or submission of materials for an investigation under paragraphs (2) and (3), a person or a relevant agency shall comply with such request, unless there is good cause.
(5) The Minister of Personnel Management shall ensure that victims, etc. do not experience sexual discomfort, etc. in the course of verification or investigations under paragraphs (2) and (3), and shall ensure that no harm results from the disclosure, etc. of the details of the case or personal information.
(6) If deemed necessary to protect victims, etc. and upon request from the victims, etc. during the period of investigation, the Minister of Personnel Management may request the appointing authority, etc. to take the following measures for the victims, etc. or against the reported persons:
1. Change the place of work;
2. Recommend leave;
3. Take other measures the Minister of Personnel Management deems necessary.
(7) The Minister of Personnel Management may request an investigation by the prosecution or investigative agency if there is a reasonable ground to believe that the fact that led to the report constitutes a criminal act.
(8) If the investigation confirms that a sexual crime or sexual harassment has occurred in public office, the Minister of Personnel Management may request the appointing authority, etc. to take actions under Articles 5 and 6 of the Regulations on Personnel Management for Elimination of Sexual Harassment and Sexual Violence.
(9) Upon receiving a report under paragraph (1), the appointing authority, etc. shall conduct an investigation to verify the facts under Article 4 of the Regulations on Personnel Management for Elimination of Sexual Harassment and Sexual Violence and may take actions under Articles 5 and 6 of that Decree.
[This Article Added on Apr. 16, 2019]
Article 16(Duty of confidentiality) #
(1) The Minister of Personnel Management and the appointing authority, etc. shall not disclose data including data and personal information submitted by a petitioner without consent.
(2) A person involved in grievance counseling and investigations into reports on sexual crimes or sexual harassment or participating in grievance reviews pursuant to this Decree shall not disclose any confidential information obtained during his or her duties.
[This Article Added on Apr. 16, 2019]
Article 17(Support for settling grievances) #
The Minister of Personnel Management may investigate and examine how grievances are settled and activities to prevent recurrence by appointing authorities, etc. and provide support necessary for settling grievances.
[This Article Added on Apr. 16, 2019]
Article 18(Provisions applicable mutatis mutandis) #
The Regulations on Petition Procedures shall apply mutatis mutandis to matters not prescribed in this Decree, which are necessary for a review by the Grievance Review Committee.
[Moved from Article 14 <Apr. 16, 2019>]