Article 19(Method for payment of allowances) #
(1) Where a competent agency is changed during the period for payment of allowances, etc. due to transfer of a public official, etc., the current competent agency shall pay such allowances, etc.; provided, the same shall not apply where the former competent agency has already paid the relevant allowances, etc.
(2) When paying allowances to military personnel and civilian personnel in military service, the special area service allowance in Appendix 7, the dangerous service allowance for military personnel in Appendix 10, and the special service allowance in Appendix 11 [including the military advocate allowance in Article 14-3, but excluding the allowances in subparagraph 3c4) (non-commissioned officers whose period of service as a non-commissioned officer exceeds 3 years) and items s of that subparagraph (importance duty allowance)] shall not be paid concurrently. <Amended on Jan. 7, 2010; Jan. 8, 2019; Jan. 2, 2026>
(3) No special area service allowances referred to in Appendix 11 (excluding allowances paid to public officials in educational service and public officials stationed overseas, but including military advocate allowances under Article 14-3; hereafter in this paragraph the same shall apply) shall be paid together with the allowances referred to in the same Appendix; provided, such allowances may be paid together in any of the following cases: <Amended on Jan. 7, 2010; Jul. 26, 2010; Oct. 18, 2010; Mar. 23, 2013; Dec. 11, 2013; Jan. 8, 2014; Jul. 16, 2014; Jan. 6, 2017; Jul. 26, 2017; Jan. 8, 2019; Mar. 10, 2020; Aug. 25, 2020; Jan. 5, 2021; Mar. 30, 2021; Jan. 5, 2024; Jan. 3, 2025; Oct. 1, 2025>
1. Each allowance referred to in Appendix 11 and the allowances referred to in 5) through 9) of subparagraph 2a (research service allowances) of the same Appendix;
2. Each allowance referred to in Appendix 11 (excluding the allowance referred to in subitem 11) (public officials directly taking care of computerization business) of subparagraph 1, the technology and information allowance and the allowance referred to in subparagraph 3f7) (public officials in general service of Grade VI or below or equivalent thereto who belong to the Ministry of Science and ICT or the Korea Media and Communications Commission and engage in on-site work)) and the allowance referred to in subparagraph 3f3) (public officials responsible for processing civil petitions in the civil petition office established in each administrative agency and regularly handling civil petition documents) of that Appendix;
3. The allowance referred to in subparagraph 3f7) (public officials in general service of Grade VI or below or equivalent thereto who belong to the Ministry of Science and ICT or the Korea Media Communications Commission and engage in on-site work) of Appendix 11 and the technology and information allowance referred to in subparagraph 1 of that Appendix paid to public officials in general service belonging to the functional category of driving;
4. The allowance referred to in subparagraph 3a (allowances for service rendered in ships, naval vessels, etc.) of Appendix 11 paid to police officers working in the maritime police division and special mission division and the allowance referred to in subparagraph 1 (technology and information allowances) of the same Appendix;
5. The allowance referred to in subparagraph 3f10) (examiners or administrative patent judges directly engaging in patent examination and determination among public officials belonging to the Ministry of Intellectual Property) of Appendix 11, paid to examiners and administrative patent judges of the Ministry of Intellectual Property and the allowance referred to in subparagraph 1 (technology and information allowances) of that Appendix;
6. Deleted; <Jan. 7, 2010>
7. Each allowance referred to in Appendix 11 and the allowance referred to in subparagraph 3c4) (commissioned officers and non-commissioned officers whose period of service as a non-commissioned officer exceeds three years) of Appendix 11;
8. Each allowance referred to in Appendix 11 and the allowance referred to in subparagraph 3d1) through 3) (public officials in career positions who are appointed to open positions or positions selected through open recruitment procedure, and public officials in career positions who are appointed to positions, etc. for exchange of personnel between administrative agencies) of the same Appendix;
9. The allowance referred to in subparagraph 3b (air travel allowances) of Appendix 11 paid to public officials in general service belonging to the Forest Aviation Headquarters of the Korea Forest Service and the allowance referred to in subparagraph 3f11)c) (public officials in general service directly performing the duty of extinguishing forest fire aboard an airplane) of the same Appendix;
10. The allowance referred to in subparagraph 3b (air travel allowances) of Appendix 11 paid to military personnel and the allowance referred to in subparagraph 3c7) (special commissioned officers determined by the Minister of National Defense among aircraft pilots in service for a period exceeding 15 years (limited to the period from the 16th year to 21st year after appointment)) of the same Appendix;
11. The allowance referred to in subparagraph 3a (allowances for service in ships, naval vessels, etc.) of Appendix 11 paid to military personnel and the allowance referred to in subparagraph 3c8) (commissioned officers and non-commissioned officers determined by the Minister of National Defense among persons holding a submarine crew member license) of the same Appendix;
12. Each allowance referred to in Appendix 11 and the allowance referred to in subparagraph 3f17) (public officials who work fewer hours than the ordinary working hours under Article 26-2 of the State Public Officials Act) of the same Appendix;
13. The allowance referred to in subparagraph 3d4) (public officials performing professional duties in relevant specialist positions upon being selected as specialist officials under Article 43-3 of the Decree on the Appointment of Public Officials or statutes or regulations related to the appointment of public officials) of Appendix 11 and the allowance referred to in subparagraph 1 (technology and information allowances) of the same Appendix;
13-2. Each allowance referred to in Appendix 11 and allowances referred to in subparagraph 3e4) of the same Appendix;
14. The allowance referred to in subparagraph 3f16) (public officials directly responsible for prevention of, preparation for, response to, and recovery, from chemical accidents at the joint disaster prevention center) of Appendix 11 and any of the following allowances:
a. The allowance under subparagraph 1 of Appendix 11 (technology and information allowances);
b. The allowance referred to in subparagraph 3f11)a) (for fire officers directly performing life-saving and fire-suppression duties) of Appendix 11;
15. Each allowance referred to in Appendix 11 and the allowance specified in subparagraph 3h of the same Appendix [allowances for a public official who provides outstanding service to the public];
16. Each allowance referred to in Appendix 11 [excluding the allowances under subparagraph 3d4) of the same Appendix (public officials who perform professional duties in specialist positions upon being selected as specialist officials in the relevant specialist positions under Article 43-3 of the Decree on the Appointment of Public Officials or statutes or regulations related to the appointment of public officials)] and the allowance referred to in subparagraph 3i of the same Appendix (duty grade-based allowances for public officials in professional service);
17. Each allowance referred to in Appendix 11 and the allowance specified in subparagraph 3f21) of the same Appendix.
18. Allowances under subparagraph 3f23) of Appendix 11 (referring to public officials in general service who belong to the disaster management supervision agency defined in subparagraph 5-2 of Article 3 of the Framework Act on the Management of Disasters and Safety, who regularly perform disaster prevention, preparation, response, and recovery work) and the following allowances:
a. The allowance under subparagraph 1 of Appendix 11 (technology and information allowances);
b. The allowance for important duties under subparagraph 3g of Appendix 11.
(4) A person absent from office shall be paid after subtracting the special area service allowance, dangerous service allowance, special service allowance, acting allowance, military advocate allowance, fixed meal allowance, and job grade allowance at the rate per diem (referring to the monthly amount divided by the number of days in the relevant month) for each day of absence from office. <Amended on Jan. 10, 2011>
(5) No special area service allowance, dangerous service allowance, special service allowance, acting allowance, military advocate allowance, and reimbursement of actual expenses, etc. under Articles 18 through 18-6 shall be paid to a public official absent from office due to demotion, suspension from office, dismissal from his or her position, or leave of absence (excluding leave of absence resulting from a disease or injury contracted or sustained on official duty), on condition that a reduced amount of the compensation allowance for faculty members, etc. among the special service allowance be paid as prescribed in Appendix 4, and during the period of salary reduction, the special area service allowance, dangerous service allowance, special service allowance, acting allowance, and military advocate allowance shall be paid by reducing the amounts thereof by 1/3, and during overseas business trip or overseas secondment (limited to where business trip or overseas secondment lasts at least 30 days), no special area service allowance, dangerous service allowance, special service allowance (excluding the technology and information allowance referred to in subparagraph 1 of Appendix 11, the allowances referred to in the spaces 1 and 3 of the research service allowance of subparagraph 2a of the same Appendix, and the duty grade-based allowances for public official in professional service referred to in subparagraph 3i of the same Appendix), acting allowance, military advocate allowance, and compensation for unused annual leave shall be paid; provided, where a public official is subject to demotion, suspension from office, dismissal from his or her position, or leave of absence, or is reinstated part-way through a month, such allowances shall be paid in proportion to the number of actual working days, and where a public official in educational service takes an overseas business trip for training, the allowances referred to in subparagraph 2a (research service allowances), b (compensation allowances for faculty members, etc.), and c (teaching profession allowance (excluding additional money payable to persons who fall under 2) through 8) among persons eligible for additional money)) of Appendix 11 shall be paid, and where an aircraft military pilot who has been serving for at least 15 years is seconded overseas (excluding persons eligible for the overseas secondment stipend referred to in Article 2 of the Regulations on the Payment of Overseas Secondment Stipend to Military Personnel and Civilian Personnel in Military Service) or takes a overseas business trip, the allowance referred to in subparagraph 3c7) (special commissioned officers determined by the Minister of National Defense among aircraft pilots who have been serving for at least 15 years (limited to the period from the 16th year to the 21st year after appointment)) of Appendix 11 shall be paid. <Amended on Mar. 31, 2009; Jan. 7, 2010; Jul. 26, 2010; Jan. 8, 2014; Jan. 6, 2017; Jan. 18, 2018; Jan. 5, 2021>
(6) Allowances prescribed in this Decree shall be paid during the period of annual paid-leave, sick leave, official holidays, special leave, and leave of absence resulting from a disease or injury contracted or received on official duty; provided, the payment of performance-based bonus shall be in conformity with the standards prescribed by the Minister of Personnel Management, and where a public official is on unpaid special leave, such allowances shall be paid after subtracting the special area service allowance, dangerous service allowance, special service allowance, acting allowance, military advocate allowance, fixed meal allowance, and job grade allowance at the rate per diem (referring to a monthly amount divided by the number of days in the relevant month). <Amended on Jan. 10, 2011; Jan. 6, 2017; Jan. 7, 2020>
(7) In any of the following cases, allowances, etc. which have not been paid due to a disposition of dismissal from office, disciplinary action, or release from the relevant person's position, shall be paid retrospectively; provided, excluded herefrom are special area service allowances, dangerous service allowances, special service allowances (excluding compensation allowances for faculty members, etc. and duty grade-based allowances for public official in professional service referred to in subparagraph 3i of Appendix 11), acting allowances, military advocate allowances, overtime work allowances, might work allowances, holiday work allowances, management duty allowances, fixed meal allowances, compensation for unused annual leave, for a period during which a public official does not work due to dismissal from office, a disciplinary action, or release from his or her position; and the payment of performance-based bonus shall be in conformity with the standards prescribed by the Minister of Personnel Management: <Amended on Jan. 8, 2016; Jun. 24, 2016; Jan. 6, 2017; Jan. 18, 2018; Jan. 7, 2020>
1. Where a disposition of dismissal from office referred to in Article 70 of the State Public Officials Act or a disciplinary action referred to in Article 78 of the same Act is nullified, canceled, or changed by a decision of an appeals committee (referring to a committee for reviewing an appeal against a relevant public official, if any, in the case of such public officials as military personnel, civilian personnel in military service, or faculty members) or by a court ruling;
2. Where a period of release from a position under Article 73-3 of the State Public Officials Act falls under any item of Article 31(2)2 of the Decree on the Appointment of Public Officials: For such public officials as military personnel members, civilian personnel members in military service, or faculty members, if a committee for reviewing an appeal against any such public official exists, the "appeals committee" in Article 31(2)2a or c of the same Decree shall be deemed the relevant "committee."
(8) A special service allowance may be paid to general public officials in a fixed-term position upon deeming such public officials to be public officials in general service, etc. <Amended on Dec. 11, 2013>
(9) No special area service allowance, dangerous service allowance, and special service allowance (excluding allowances specified in subparagraph 3f21) of Appendix 11) shall be paid to professional public officials in fixed-term position. <Amended on Dec. 11, 2013; Aug. 25, 2020>
(10) No allowance referred to in subparagraphs 1 through 3 (excluding the incentive stipend for public officials in foreign service provided for in item c) of Appendix 11 among dangerous service allowances and special service allowances, shall be paid to public officials stationed overseas, and an amount equivalent to the allowances, etc. except for the overseas service allowance, which are paid to public officials of Grade XIII or XIV, respectively, shall be paid to persons appointed as an ambassador-at-large or diplomatic minister-at-large. <Amended on Jan. 7, 2010>
(11) No good-attendance allowance, management duty allowance, and major holiday bonus shall be separately paid to public officials eligible for the application of the fixed amount-based annual salary system pursuant to Article 33 of the Public Officials Remuneration Regulations, and no good- attendance allowance, management duty allowance (excluding faculty members of national universities referred to in Article 36-2(1) of the Public Officials Remuneration Regulations), performance-based bonus, and major holiday bonus shall be separately paid to public officials eligible for the application of the performance-based annual salary system and the job performance-based annual salary system. <Amended on Jan. 10, 2011; Jan. 4, 2022>
(12) Where a public official belonging to the Senior Executive Service takes leave of absence or is seconded for educational and training purposes, or serves without being assigned to a position, or in a position to which no duty grade is given, allowances, etc. shall be paid based on the duty grade of the immediately preceding position.
(13) A public official in professional service defined in Article 2 of the Regulations on the Personnel Management of Public Officials in Professional Service shall be paid the same special service allowance as is paid to a public official in general service who falls into a functional category similar to the field in which the relevant public official in professional service engages. <Added on Jan. 6, 2017; Jan. 7, 2020>
(14) Matters necessary for the methods and detailed standards for paying allowances, etc. to employees subject to the time-off policy under Article 7-2 of the Act on the Establishment and Operation of Public Officials' Labor Unions and Article 5-2 of the Act on the Establishment and Operation of Teachers' Unions and public officials subject to the time-off policy under Article 24 of the Trade Union and Labor Relations Adjustment Act shall be determined by the Minister of Personnel Management. <Added on Jan. 5, 2024>
[This Article Wholly Amended on Dec. 31, 2008]