Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on the Establishment and Operation of Public Officials' Councils and matters necessary for the enforcement thereof. <Amended on May 19, 2020; October 25, 2022>
Article 2(Scope of agencies eligible for establishment of public officials’ council) #
A unit of an agency that may establish a public officials' council (hereinafter referred to as "council") pursuant to Article 2 (2) of the Act on the Establishment and Operation of Public Officials' Councils (hereinafter referred to as the "Act") shall be an agency headed by a public official of Grade IV or higher (including members in general service of the Senior Executive Service) or an equivalent public official; provided, in the case of an agency headed by a public official of Grade V or lower or an equivalent public official, a council shall be established through integration into a higher-level agency headed by a public official of Grade V or higher (including members in general service of the Senior Executive Service) or an equivalent public official, as determined by the head of its central administrative agency, taking into account the number of affiliated public officials, geographical characteristics, etc.
[This Article Wholly Amended on Oct. 25, 2022]
Article 2-2(Scope of agencies eligible for establishment of union of councils) #
(1) A union of councils under the provisions, with the exception of the subparagraphs, of Article 2-2 (1) of the Act (hereinafter referred to as "union of councils") shall be established with councils as its members.
(2) “Institutions prescribed by Presidential Decree” in Article 2-2 (1) 2 of the Act means the National Human Rights Commission of Korea under Article 3 (1) of the National Human Rights Commission of Korea Act.
[This Article Added on Oct. 25, 2022]
Article 3(Public officials prohibited from joining council) #
The scope of public officials prohibited from joining a council under Article 3 (2) of the Act shall be as follows:
1. A public official who exercises authority to direct and supervise, or who has overall responsibility for the affairs of other public officials: A public official (including an acting official) who occupies any position vested with authority to direct and supervise other public officials or to exercise overall responsibility for their affairs, in accordance with statutes or regulations, administrative rules, or the allocation of business affairs;
2. A public official engaged in personnel affairs: A public official whose principal duties consist in the appointment of public officials under the Decree on the Appointment of Public Officials, the Decree on the Appointment of Local Public Officials, etc. (excluding persons who merely assist with simple tasks, such as organizing data and editing documents);
3. A public official engaged in budget, accounting, or property management: A public official whose primary duties are those prescribed by the National Finance Act, the Local Finance Act, the Commodity Management Act, or the Public Property and Commodity Management Act (limited to commodity management), excluding persons who merely assist with simple tasks such as organizing data and editing documents;
4. A public official engaged in secretarial affairs: A public official whose principal duties consist in secretarial affairs;
5. A public official engaged in confidential affairs: A public official whose principal duties consist in confidential affairs, such as diplomacy, military affairs, audit, inspection, investigation, prosecutorial affairs, immigration control, and cable exchange services;
6. A public official engaged in security or guard affairs: A public official whose principal duties consist in security or guard services for specific persons or facilities, for the purpose of public safety, in an agency or department in charge of government office building management, or in a correctional or protection facility, etc.;
7. A public official engaged in other similar affairs: A public official whose principal duties consist in affairs related to a council.
[This Article Wholly Amended on Oct. 25, 2022]
Article 4(Establishment of council) #
(1) A public official who intends to establish a council shall post, for at least seven days, an announcement stating objectives of establishment, date, time, and venue of an inaugural general meeting, the promoters, etc. at a place where affiliated public officials can see.
(2) Where at least 2 inaugural general meetings are being prepared in an agency, the head of the relevant agency (referring to the head of an agency in which a council is established under Article 2; hereinafter the same shall apply) may coordinate, through the representative of the promoters, to convene a single inaugural general meeting. <Amended on Oct. 25, 2022>
(3) Notification of establishment of a council under Article 2 (3) of the Act shall be made in attached Form 1.
(4) Upon receipt of a notification of establishment under paragraph (3), the head of an agency shall issue a certificate of establishment of a public officials' council in attached Form 2 within three days; provided, where any supplementation is necessary due to omission of matters to be entered in the notification of establishment, incompleteness of any appended document, etc., he or she may request such defects to be corrected in attached Form 3 within a fixed period not exceeding 20 days, and shall issue a certificate of establishment of a public officials' council after such correction is made by the representative for preparation of establishment.
(5) A council shall be deemed established on the date on which a certificate of establishment of the public officials' council is issued.
Article 5(Regulations of council) #
For the autonomous and democratic operation of councils, each council shall establish regulations of the council prescribing the following matters: <Amended on Oct. 25, 2022>
1. Name;
2. Purposes and business;
3. Matters relating to the number of consultative members (referring to those prescribed in Article 5 (2) of the Act; hereinafter the same shall apply);
4. Matters relating to election of the representative and consultative members, their terms of office, time for electing their successors, etc.;
5. Matters relating to members;
6. Matters relating to meetings;
7. Matters relating to the amendment of regulations of the council;
8. Matters relating to rules;
9. Matters relating to accounting;
10. Matters relating to dissolution.
11. Matters relating to membership and withdrawal from a union of councils.
Article 6(Joining and secession from council) #
(1) A public official who intends to join or secede from a council shall submit an application for joining (secession) in attached Form 4 to the representative of the council.
(2) When a public official who has joined a council becomes a public official prohibited from joining a council due to promotion, transfer, change in division of duties, etc., he or she shall be deemed to have seceded from the council on the date on which the relevant personnel order is issued or the segregation of duties is changed.
(3) The department that has issued a personnel order or changed division of duties under paragraph (2) shall notify the council of such change.
Article 7(Representative and consultative members of council) #
(1) The representative and consultative members of a council shall be elected from the public officials who have joined the council of the relevant agency, and the number of consultative members thereof shall not exceed nine persons.
(2) A council shall elect consultative members taking into account the job classification, positions, gender ratio, etc. of its members.
(3) The terms of office of the representative and consultative members of a council shall be prescribed by regulations of the council, and they shall not exceed two years and may be renewed.
(4) When the representative or a consultative member of a council is replaced due to disqualification for joining or other reasons, the term of office of his or her successor shall be the remaining term of office of his or her predecessor; provided, the same shall not apply where the remaining term of office does not exceed three months.
2. The head of an agency (including his or her proxy), the representative, and consultative members of the council who attended the consultation;
“Matters prescribed by Presidential Decree” in subparagraph 2 of Article 5-2 of the Act means the following:
1. Meetings between the representative of a council or a union of councils and the consultative members (not more than once each quarter);
2. Meetings between the representative of a council and the representative of a union of councils (not more than twice each year).
[This Article Added on Oct. 25, 2022]
Article 8(Consultation between council and head of agency) #
(1) A council and the head of an agency shall engage themselves in consultation on the basis of mutual fidelity.
(2) A council and the head of an agency shall hold regular consultations biannually; provided, they may hold a consultation anytime, if necessary.
(3) The representative of a council who intends to consult with the head of an agency shall request the head of the agency with regard thereto in writing, stating the matters he or she intends to discuss, by not later than seven days prior to the date of consultation.
(4) The head of an agency shall consult directly with the council; provided, in extenuating circumstances in the performance of official duties, he or she may designate a proxy and delegate to him or her the authority to hold consultation.
(5) In principle, a consultation between a council and the head of an agency shall be made public; provided, it shall not be made public if so agreed between the council and the head of the agency.
(6) A council and the head of an agency may each appoint 1 secretary to be responsible for affairs such as keeping administrative records. <Amended on Jan. 5, 2021>
(7) When a council consults with the head of an agency, minutes stating the following matters shall be prepared and kept for three years:
1. Date, time, and venue of the consultation;
2. The head of an agency (including his or her proxy), the representative, and consultative members of the council who attended the consultation;
3. Details of consultation and matters agreed;
4. Other matters discussed.
Article 9(Method of making public implementation status of agreements) #
Pursuant to Article 6 (4) of the Act, the head of an agency or the heads of agencies referred to in the subparagraphs of Article 2-2 (1) of the Act shall make public the implementation status of agreements with a council or a union of councils on an internal information and communications network accessible to affiliated public officials for a period of at least 7 days semiannually.
[This Article Wholly Amended on Oct. 25, 2022]
Article 10(Duties of council) #
(1) A council shall manage regulations of the council, a register of consultative members, a register of members, and minutes.
(2) If any change is made to the representative, consultative members, or regulations of the council, the council shall notify the head of the relevant agency without delay, and if any change is made to its members, it shall notify the head of an agency thereof every half year.
(3) When a council is dissolved, its representative shall notify the head of the relevant agency thereof within 15 days from the date of dissolution. <Added on Jun. 30, 2015>
Article 11 #
Deleted. <Oct. 25, 2022>
Article 12(Prohibition of public officials working exclusively for council) #
A council shall not have any public official who exclusively engages in the affairs of the council.
Article 13(Support to council) #
If requested by a council, the head of an agency may allow the council to use meeting space, office equipment, etc. of the relevant agency for conducting council affairs.
Article 14(Provisions applicable mutatis mutandis to establishment, composition, and operation of union of councils) #
Except as otherwise provided in this Decree, Articles 4, 5, 7, 8, 10, 12, and 13, and Forms 1 through 3 shall apply mutatis mutandis to the standards, procedures, methods, etc. for the establishment, composition, and operation of a union of councils. In such cases, "council" or "public officials' council" shall be construed as "union of councils"; "head of an agency" shall be construed as "heads of agencies referred to in the subparagraphs of Article 2-2 (1) of the Act"; "matters relating to membership and withdrawal from a union of councils" in subparagraph 11 of Article 5 shall be construed as "matters relating to membership and withdrawal"; and "public officials" and "9 persons" in Article 7 (1) shall be construed as "public officials of a council" and "20 persons," respectively.
[This Article Added on Oct. 25, 2022]