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ENFORCEMENT DECREE OF THE ACT ON THE CAPACITY DEVELOPMENT OF PUBLIC OFFICIALS — 법갈피

영문법령 / ENFORCEMENT DECREE OF THE ACT ON THE CAPACITY DEVELOPMENT OF PUBLIC OFFICIALS

ENFORCEMENT DECREE OF THE ACT ON THE CAPACITY DEVELOPMENT OF PUBLIC OFFICIALS

대통령령일부개정시행 2023-01-03인사혁신처 · 제33206호 · 공포 2023-01-03

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters mandated by the Act on the Capacity Development of Public Officials and matters necessary for the enforcement of said Act. <Amended on Feb. 3, 2016>

[This Article Wholly Amended on Oct. 29, 2012]

Article 2(Guidelines for Capacity Development) #

(1) The Minister of Personnel Management shall formulate general guidelines for human resource development for the following year by November 15 in accordance with the fundamental policy established pursuant to Article 2 of the Act on the Capacity Development of Public Officials (hereinafter referred to as the "Act") and notify the head of each central administrative agency and the head of each public official education and training institute (hereinafter referred to as "education and training institute"), of such guidelines. <Amended on Oct. 29, 2012; Mar. 23, 2013; Nov. 19, 2014; Feb. 3, 2016>

(2) Deleted. <Apr. 20, 1995>

(3) The general guidelines referred to in paragraph (1) shall contain the following matters: <Amended on Oct. 29, 2012; Feb. 3, 2016>

1. Objectives of human resource development;

2. Contents of education and training to be conducted by an education and training institute;

3. Commissioned education and training under Article 13 of the Act;

4. Workplace training under Article 14 of the Act;

5. Methods of operation, targets of education, and education period of the basic education and training under Article 7 (2); and specialized education and training under paragraph (3) of the same Act;

6. Other matters necessary for human resource development.

[Title Amended on Feb. 3, 2016]

Article 3 #

Deleted. <Dec. 31, 1998>

Article 9(Mutual Entrustment and Opening of Education and Training) #

(1) In order to promote balanced education and training by administrative agency, job field and region and to prevent disorderedly established education and training institutes and inefficiently used budgets, the Minister of Personnel Management may arrange public officials belonging to administrative agencies with less opportunity for education and training to undergo education and training by entrusting them to other administrative agencies or education and training institutes. <Amended on Mar. 23, 2013; Nov. 19, 2014>

(2) When the Minister of Personnel Management or the head of any other administrative agency requests commissioned education and training, the heads of administrative agencies of various levels and the heads of education and training institutes shall comply with such requests except in extenuating circumstances. <Amended on Mar. 23, 2013; Nov. 19, 2014>

(3) The heads of administrative agencies of various levels or the heads of education and training institutes in receipt of a request for commissioned education and training, may request the head of an agency which has requested the commissioned education and training to organize curriculum, dispatch teaching personnel, provide education and training materials, or fully or partially bear the education and training expenses.

(4) In order to enhance the quality of education conducted by education and training institutes and the efficiency of the operation of such institutes, and to contribute to developing local communities, the Minister of Personnel Management may request the head of each education and training institute to collaborate on, disclose, etc. the following matters. In such cases, the head of each education and training institute in receipt of such request shall proactively cooperate therewith except in extenuating circumstances: <Newly Inserted on Feb. 3, 2016>

1. Disclosing the curricula of each education and training institute to all public officials;

2. Jointly developing and utilizing courses related to capacity-related common courses, such as public officer-ship and leadership;

3. Supporting contents of e-learning for education and providing information on outstanding lecturers;

4. Mutually utilizing teaching personnel;

5. Jointly using idle education and training facilities, such as lecture rooms, circle rooms, and sports facilities;

6. Disclosing curricula and education and training facilities to the public;

7. Other support for matters needed by each education and training institute.

[This Article Wholly Amended on Oct. 29, 2012]

[Title Amended on Feb. 3, 2016]

Article 11-3(Reflection of Hours of Education and Training in Promotion) #

(1) In cases of a researcher, instructor, chief specialist, or specialist of Grade IV or lower (in cases of a post official, referring to a public official of Postal Grade II or lower), the hours that he/she has spent in completing education and training and in self-development and learning pursuant to Article 7 (hereinafter referred to as "hours of education and training") shall be reflected in the promotion (including the promotion where the prescribed number of public officials is operated by integration pursuant to Article 26 (2) of the Common Rule on the Organization and the Prescribed Number of Personnel of Administrative Agencies), as prescribed in attached Table 1: Provided, That in cases of a public official who has failed to fulfill the number of hours of education and training necessary for a promotion due to any special reason for performing his or her duties, the hours of education and training need not be reflected in the promotion, if deemed appropriate by the head of a central administrative agency. <Amended on Dec. 4, 2013; Feb. 3, 2016; Jan. 10, 2017>

(2) Notwithstanding paragraph (1), hours of education and training shall not be reflected in any of the following cases:

1. Where a public official of Grade IV is intended to be promoted to a position in the Senior Executive Service pursuant to Article 40-2 (1) of the State Public Officials Act;

2. Where a public official is intended to receive special promotion or participates on a priority basis in the examination for general promotion, pursuant to Article 40-4 of the State Public Officials Act;

3. Where a public official applies for an open competitive promotion examination conducted pursuant to Article 41 (3) of the State Public Officials Act.

(3) Where the hours of education and training are to be reflected in a promotion pursuant to the main clause of paragraph (1), annual hours of education and training to be completed (hereinafter referred to as "standard hours of education and training"), the contents of the education and training, and self-development and learning that can be recognized as hours of education and training, and matters necessary for the operation thereof shall be determined by the head of a central administrative agency, as prescribed by this Act or separately determined by the Minister of Personnel Management. In such cases, the head of a central administrative agency may vary the annual standard hours of education and training, the contents of education and training and self-development and learning, etc. by series of class, class or any other classification unit based on reasonable standards. <Amended on Mar. 23, 2013; Nov. 19, 2014; Feb. 3, 2016>

[This Article Wholly Amended on Oct. 29, 2012]

Article 33(Guidance and Supervision of Public Officials Undergoing Domestic Training) #

(1) The Minister of Personnel Management or the head of a central administrative agency shall periodically or occasionally check the training status of a public official undergoing training in order to achieve the objective of domestic training, and shall provide guidance and supervision necessary for the training and his or her service. <Amended on Mar. 23, 2013; Nov. 19, 2014>

(2) A public official undergoing domestic training shall strive to achieve the objective of training and comply with the following matters: <Amended on Mar. 23, 2013; Nov. 19, 2014>

1. Returning to his or her duties without delay after completing training;

2. Maintaining dignity as public officials during training;

3. Obligations as a public official being trained, such as complying with the school regulations of the training institute;

4. Matters instructed by the Minister of Personnel Management or the head of a central administrative agency.

(3) A public official undergoing domestic training shall report to the Minister of Personnel Management or the head of a central administrative agency on his or her location, personal circumstances, and record, progress and outcome of training, and other matters requested by the Minister of Personnel Management or the head of the central administrative agency. <Amended on Mar. 23, 2013; Nov. 19, 2014>

(4) Where a public official undergoing domestic training falls under any of the following cases, he or she shall report thereon immediately to the Minister of Personnel Management or the head of a central administrative agency and follow his or her instruction: <Amended on Mar. 23, 2013; Nov. 19, 2014>

1. When he or she intends to modify his or her training plan such as the training institute or training period;

2. Where any change occurs in his or her status, such as a disease or accident, which may interfere with the training;

3. Where he or she intends to receive any scholarship, donation, contribution, etc. other than the education and training expenses paid by the State or a local government.

(5) In filing a report with the Minister of Personnel Management or the head of a central administrative agency pursuant to paragraph (4) 3, a public official undergoing domestic training shall submit the following documents: <Amended on Mar. 23, 2013; Nov. 19, 2014>

1. Matters concerning the institute paying scholarship, etc.;

2. Reasons the scholarship, etc. was granted;

3. The amount of scholarship, etc.

[This Article Wholly Amended on Oct. 29, 2012]

Article 35(Obligation of Mandatory Service) #

(1) Pursuant to Article 13 (4) of the Act, the head of a central administrative agency shall require a public official who has undergone domestic training for at least six months (including a person who has undergone domestic training for at least six months as a person who has returned during the domestic training) to serve in a job field related to the field of training for a period same as the training period (in cases of domestic training conducted only after work, for a period corresponding to 50 percent of the training period).

(2) In cases falling under paragraph (1), if any extraordinary ground makes it impractical to impose obligation of mandatory service or makes it impossible to fulfill mandatory service, the obligation of mandatory service may be exempted with prior consent of the Minister of Personnel Management. <Amended on Mar. 23, 2013; Nov. 19, 2014>

(3) If any public official who has undergone domestic training pursuant to paragraph (1) does not serve in a job field related to the field of training, the Minister of Personnel Management may request the head of the relevant central administrative agency to rectify such matter. <Amended on Mar. 23, 2013; Nov. 19, 2014>

(4) Where a person who has undergone domestic training for at least six months becomes unable to fulfill mandatory service under paragraph (1) due to release from office, leave of absence, or change of position (limited to changes of position to an agency, the competent Minister of which defined in subparagraph 3 of Article 2 of the Decree on the Appointment of Public Officials is different), etc., the head of a central administrative agency shall immediately notify the Minister of Personnel Management and the head of the institution that administers the training, of such fact. <Amended on Mar. 23, 2013; Nov. 19, 2014>

(5) No period of leave of absence under Article 71 (1) 1, 3, 6 and (2) of the State Public Officials Act and no period of release from position under Article 73-3 of the same Act shall be included in the calculation of the mandatory service period referred to in paragraph (1): Provided, That a period of leave of absence due to an occupational disease contracted in official duties shall be included therein.

[This Article Wholly Amended on Oct. 29, 2012]

Article 36(Measures for Return of Expenses Incurred for Reason of Violation of Obligation) #

(1) Where any of the following subparagraphs is applicable to a public official who has undergone or is undergoing domestic training, the Minister of Personnel Management or the head of the central administrative agency shall require the person or his or her guarantor (including insurance companies that have issued guarantee insurance policies pursuant to the Insurance Business Act) to fully or partially return the expenses incurred in the commissioned education and training of the relevant public official, in accordance with the standards specified in attached Table 2: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jan. 3, 2023>

1. Where he or she is dismissed during training (excluding dismissal for inevitable grounds such as a disease or accident);

2. Where he or she receives an order for return pursuant to Article 34 but fails to return until the designated date without good reason or becomes dismissed due to a reason occurred during training after the return;

3. Where he or she returns in the midst of training after having violated any obligation or instruction referred to in Article 33 or where he or she quits or abandons a course in the midst of training without any extraordinary ground;

4. Where he or she fails to fulfill the obligation of mandatory service prescribed in Article 35 (1).

(2) Where a person obligated to return expenses pursuant to paragraph (1) fails to repay them within 90 days from the date of receipt of a notice of return, the Minister of Personnel Management or the head of a central administrative agency shall request the head of the competent tax office to collect them pursuant to Article 13 (5) of the Act. <Amended on Mar. 23, 2013; Nov. 19, 2014>

(3) Where any public official in mandatory service period intends to retire, the head of the central administrative agency shall take measures to redeem the incurred expenses pursuant to paragraph (1) before making the decision on dismissal. In such cases, if the agency which has paid education and training expenses is different from the agency which makes the decision on the dismissal, the head of the agency that makes the decision on the dismissal shall consult with the head of the agency which has paid education and training expenses before deciding on the dismissal.

[This Article Wholly Amended on Oct. 29, 2012]

Article 38-2(Guidance, Supervision, etc. of Public Officials Undergoing Overseas Training) #

(1) The head of an institution that administers overseas training may consult with the Minister of Foreign Affairs on the matters regarding the guidance and supervision of a public official undergoing overseas training and the payment of his or her education and training expenses and request cooperation from the head of the diplomatic mission abroad having jurisdiction over the relevant public official. In such cases, the head of the diplomatic mission abroad shall notify the head of the institution that administers overseas training, without delay, of the status of guidance and supervision of the public official undergoing overseas training, matters reported by the relevant public official, and other necessary matters. <Amended on Mar. 23, 2013>

(2) Public officials undergoing overseas training shall report his or her training plan, location, etc. to the head of the competent diplomatic mission abroad immediately after his or her arrival.

(3) Each public official undergoing overseas training shall take necessary measures, such as purchasing a medical insurance policy, to prepare for diseases or other personal accidents during the training period, or maintaining constant contact with the training institute, the competent diplomatic mission abroad, the institute that administers the training, and the central administrative agency to which he or she belongs.

(4) When a public official who has completed overseas training intends to return to Korea, he or she shall first report such fact to the head of the diplomatic mission abroad.

(5) Where a public official undergoing overseas training intends to resign during the training period, he or she shall return to Korea and submit his or her resignation to the head of the agency to which he or she belongs.

(6) The head of a central administrative agency shall conduct follow-up management, such as evaluating research reports, pursuant to Article 34-2 (2) which applies mutatis mutandis to public official undergoing overseas training under Article 43, as determined by the Minister of Personnel Management. <Newly Inserted on Feb. 3, 2016>

[This Article Wholly Amended on Oct. 29, 2012]

Article 39(Payment of Overseas Training Expenses) #

(1) The Minister of Personnel Management or the head of a central administrative agency may pay the admission fees, tuitions, living expenses, and charges (in cases of job training conducted by an international organization, foreign government agency, etc., referring to the training expenses payable to such institution, etc.) and other necessary expenses incurred for overseas training, within the budget. <Amended on Mar. 23, 2013; Nov. 19, 2014>

(2) Where deemed necessary to efficiently achieve the purpose of training of a public official undergoing overseas training with any funds outside the budget, the Minister of Personnel Management or the head of a central administrative agency may pay the difference between the training expenses paid from such funds and the training expenses paid pursuant to paragraph (1). <Amended on Mar. 23, 2013; Nov. 19, 2014>

(3) The head of an institution that administers overseas training shall pay round-trip airfare and living expenses to a public official who undergoes overseas training, from the budget, according to the standards specified in attached Table 3, and in addition thereto, may pay the round-trip airfare for his or her spouse, son or daughter, etc. (if the period of overseas training is less than six months, this shall be limited to where his or her spouse, son or daughter, etc. needs to assist his or her training, because it is difficult for him/her to stay abroad alone due to a physical disability), medical insurance fee, medical aids money, livelihood reserve, and repatriation expenses. In such cases, the amount of the living expenses to be paid shall be calculated on a monthly basis, and the number of days less than one month shall be calculated on a daily basis assuming one month as 30 days.

(4) The period for paying the living expenses referred to in paragraph (3) may include the period for preparation and closing stipulated in the standard specified in attached Table 4, in addition to the period directly required for overseas training.

(5) Where a public official who has undergone overseas training falls under any of the following cases, the Minister of Personnel Management or the head of a central administrative agency may recover the training expenses to the extent of 20 percent of the amount paid pursuant to paragraph (1): <Newly Inserted on Feb. 3, 2016>

1. Where he or she fails to achieve the objective of overseas training, such as completing an academic program originally planned or the acquisition of a degree;

2. Where the contents of the research report referred to in Article 34-2 (2) which applies mutatis mutandis under Article 43 are found to be unrelated to the assigned training tasks or have plagiarized other research reports or theses;

3. Where he or she fails to submit a research report referred to in Article 34-2 (2) which applies mutatis mutandis under Article 43 within the time limit.

(6) Except as provided in paragraph (5), matters necessary for the specific persons or amount subject to recovery of overseas training expenses, and the standards, procedures, etc. for such recovery shall be determined by the Minister of Personnel Management. <Newly Inserted on Feb. 3, 2016>

[This Article Wholly Amended on Oct. 29, 2012]

[Title Amended on Jan. 3, 2023]

Article 42(Obligation of Mandatory Service of Overseas Trained Public Officials) #

(1) Pursuant to Article 13 (4) of the Act, the head of a central administrative agency shall require a public official who has undergone overseas training for at least six months (including a person who has undergone overseas training for at least six months as a person who has returned during overseas training) to serve in a job field related to the field of training for the period twice the training period.

(2) In cases falling under paragraph (1), if any extraordinary ground makes it impractical to impose mandatory service or that makes it impossible to fulfill mandatory service, the obligation of mandatory service may be exempted with prior consent from the Minister of Personnel Management. <Amended on Mar. 23, 2013; Nov. 19, 2014>

(3) If any public official who has undergone overseas training pursuant to paragraph (1) fails to serve in a job field related to the field of training, the Minister of Personnel Management may request the head of the relevant central administrative agency to make a correction. <Amended on Mar. 23, 2013; Nov. 19, 2014>

(4) Where a person who has undergone overseas training for at least six months becomes unable to fulfill mandatory service under paragraph (1) due to release from office, leave of absence, or change of position (limited to the change of position to an agency, the competent Minister of which defined in subparagraph 3 of Article 2 of the Decree on the Appointment of Public Officials is different), etc., the head of a central administrative agency shall immediately notify the Minister of Personnel Management and the head of the institution that administers the training, of such fact. <Amended on Mar. 23, 2013; Nov. 19, 2014>

(5) No period of leave of absence under Article 71 (1) 1, 3, 6 and (2) of the State Public Officials Act and the period of release from position under Article 73-3 of the same Act shall be included in the calculation of the mandatory service period referred to in paragraph (1): Provided, That the period of leave of absence due to a disease occurred in the performance of official duties shall be included therein.

[This Article Wholly Amended on Oct. 29, 2012]

ENFORCEMENT DECREE OF THE ACT ON THE CAPACITY DEVELOPMENT OF PUBLIC OFFICIALS

Article 1(Purpose) #

Article 2(Guidelines for Capacity Development) #

Article 3 #

Article 4(Duties of Minister of Personnel Management) #

Article 5(Duties of Heads of Central Administrative Agencies) #

Article 5-2(Procedures for Establishing Specialized Education and Training Institutes) #

Article 6(Public Officials in Charge of Human Resource Development) #

Article 7(Classification of Human Resource Development) #

Article 8(Methods of Human Resource Development) #

Article 8-2(Support, etc. of Self-Development Plans) #

Article 8-3(Operation of Study Groups) #

Article 9(Mutual Entrustment and Opening of Education and Training) #

Article 10(Selection of Persons subject to Education and Training) #

Article 11(Education and Training of New Employees, etc.) #

Article 11-2(Management of Positions of Persons who have Completed Education and Training) #

Article 11-3(Reflection of Hours of Education and Training in Promotion) #

Article 11-4 #

Article 11-5 #

Article 12 #

Article 13(Payment of Travel Expenses for Education and Training) #

Article 14(Evaluation of Human Resource Development) #

Article 14-2(Operation of Cooperative Body of Public Officials Education and Training Institutes) #

Article 14-3(Operating Information System on Human Resource Development) #

Article 14-4(Operation of Intelligent Platform for Capacity Building) #

Article 15(Notification of Human Resource Development Plans) #

Article 16(Data, etc. on Human Resource Development) #

Article 16-2 #

Article 17(Education and Training Plans) #

Article 18(Evaluation of Results and Completion of Education and Training) #

Article 19(Measures to be Taken against Persons who Fail to Reach Score Required for Completion) #

Article 20(Action for Expulsion) #

Article 21(Operation, etc. of Teaching Personnel) #

Article 22(Qualifications of Teaching Personnel) #

Article 23(Grounds for Disqualification of Teaching Personnel) #

Article 24(Service Period, etc. of Teaching Personnel) #

Article 25(Education of Teaching Personnel, etc.) #

Article 26 #

Article 27(School Regulations, etc.) #

Article 27-2(Operation of Consolidated Educational Training Institute) #

Article 28(Workplace Training Plans) #

Article 29(Execution of Workplace Training) #

Article 30(Designation and Recognition of Specialized Education and Training Courses) #

Article 31(Plans for Domestic Commissioned Education and Training) #

Article 32(Selection of Persons subject to Domestic Training) #

Article 32-2(Grant of Training Tasks) #

Article 32-3(Operation of Education and Training Deliberation Committee by Ministry) #

Article 32-4(Prior Education) #

Article 32-5(Dispatch) #

Article 33(Guidance and Supervision of Public Officials Undergoing Domestic Training) #

Article 33-2(Payment of Domestic Training Expenses) #

Article 33-3(Maintenance of Record) #

Article 34(Order for Return) #

Article 34-2(Report on Result of Domestic Training) #

Article 35(Obligation of Mandatory Service) #

Article 36(Measures for Return of Expenses Incurred for Reason of Violation of Obligation) #

Article 36-2(Calculation of Incurred Expenses) #

Article 37(Overseas Commissioned Education and Training Plans, etc.) #

Article 37-2(Selection of Training Institutes) #

Article 38(Modification of Overseas Training Plans) #

Article 38-2(Guidance, Supervision, etc. of Public Officials Undergoing Overseas Training) #

Article 39(Payment of Overseas Training Expenses) #

Article 40(Temporary Return to Korea) #

Article 41(Leave of Absence for Study Abroad) #

Article 42(Obligation of Mandatory Service of Overseas Trained Public Officials) #

Article 43(Provisions Applicable Mutatis Mutandis) #

Article 44(Management of Personally Identifiable Information) #