Article 1(Purpose) #
The purpose of this Decree is to prescribe matters relating to medical examinations for the employment of State public officials to assess their physical ability to fulfill their duties.
[This Article Wholly Amended on Sep. 29, 2011]
Article 1-2(Scope of application) #
Except as otherwise provided in other statutes or regulations, this Decree shall apply to medical examinations for the employment (hereinafter referred to as "medical examination") of State public officials, conducted to assess their physical ability to fulfill the duties.
[This Article Wholly Amended on Sep. 29, 2011]
Article 2(Institutions supervising medical examinations) #
A medical examination for the employment of State public officials shall be conducted at an examination institution under Article 3 (1) under the supervision of the appointing authority or the appointment-recommendation authority; provided, if necessary for the efficient medical examination, it may be conducted at an examination institution under Article 3 (1) under the supervision of the head of the agency administering the employment examination. <Amended on Dec. 24, 2019>
[This Article Wholly Amended on Sep. 29, 2011]
Article 3(Institutions conducting medical examinations) #
(1) A medical examination shall be conducted at an examination institution determined and publicly notified by the Minister of Personnel Management from among those designated pursuant to Article 14 of the Framework Act on Health Examination, and a follow-up medical examination shall be conducted at a medical clinic, a hospital, or a general hospital under Article 3 (2) 1 (a), 3 (2) 3 (a), and (e), respectively, of the Medical Service Act, which has a medical specialist in the relevant field where a pending decision was made in the initial examination. <Amended on Dec. 24, 2019>
(2) Deleted. <Dec. 24, 2019>
(3) The head of an institution supervising medical examinations may separately designate the examination institution to conduct the relevant medical examination from among the examination institutions referred to in paragraph (1), if deemed necessary due to the special nature of the intended position for appointment or for medical examination. <Amended on Dec. 24, 2019>
[This Article Wholly Amended on Sep. 29, 2011]
[Title Amended on Dec. 24, 2019]
Article 3-2(Conducting medical examination) #
(1) An examination institution shall conduct medical examinations in accordance with a written medical examination for employment specified in Appendix 1, taking into account the type of occupation, etc. for which the applicant is applying, and shall render a determination of either pass or pending decision. In such cases, the institution may refer to a written opinion of the medical specialist specified in Appendix 2 submitted by the applicant in advance in rendering its decision, and if necessary, may issue a request for medical treatment for a follow-up examination.
(2) A person who receives a pending decision under paragraph (1) shall undergo a follow-up medical examination conducted by a medical specialist in the relevant field where the pending decision was rendered in accordance with the written medical examination for employment specified in Appendix 3, and in the follow-up examination, a determination of either pass, fail, or pending decision, shall be made.
(3) The examination institution conducting the initial medical examination and follow-up examination according to paragraphs (1) and (2) may have the applicant complete a questionnaire related to medical examination.
[This Article Wholly Amended on Dec. 24, 2019]
Article 4(Criteria for determining failure) #
The criteria for determining failure in a medical examination shall be as specified in the Appendix; provided, the relevant criteria in a medical examination for public officials with unique duties may be separately established by the competent Minister in consultation with the Minister of Personnel Management. <Amended on Mar. 23, 2013; Act Nov. 19, 2014>
[This Article Wholly Amended on Sep. 29, 2011]
Article 5(Prohibition of employment) #
The appointing authority shall not employ a person who fails to pass a medical examination; provided, this shall not apply to any of the following persons deemed capable of performing his or her duties without hindrance: <Amended on Jun. 27, 2012>
1. Soldiers or police officials wounded in action, soldiers or police officials wounded on active duty, persons wounded in the April 19 Revolution, public officials wounded on active duty, and special contributors to national and social development, wounded on active duty under Article 4 (1) 4, 6, 12, 15, and 17, respectively, of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State;
2. Wounded noble persons defined in the Act on Honorable Treatment of and Support for Persons Who Died or Were Injured for Public Good;
1. Persons with disabilities defined in Article 2 of the Act on Welfare of Persons with Disabilities.
[This Article Wholly Amended on Sep. 29, 2011]
Article 6(Fees) #
A person undergoing a medical examination shall pay the actual expenses necessary for the examination as a fee.
[This Article Wholly Amended on Sep. 29, 2011]
Article 7 #
Deleted. <Dec. 31, 1998>