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DECREE ON THE APPOINTMENT OF PUBLIC EDUCATION OFFICIALS — 법갈피

영문법령 / DECREE ON THE APPOINTMENT OF PUBLIC EDUCATION OFFICIALS

DECREE ON THE APPOINTMENT OF PUBLIC EDUCATION OFFICIALS

대통령령일부개정시행 2009-07-16교육부 · 제21627호 · 공포 2009-07-16

CHAPTER I GENERAL PROVISIONS

Article 1(Scope of Application) #

Except as especially prescribed in other laws and regulations, the appointment of public education officials shall be in accordance with this Decree. <Amended by Presidential Decree No. 10756, Mar. 11, 1982>

Article 2 #

Article 3(Delegation of Appointment Authority) #

(1) Pursuant to the provisions of Article 33 of the Public Education officials Act (hereinafter referred to as the "Act", the following appointment authority of the President shall be delegated to the Minister of Education, Science and Technology (hereinafter referred to as the "Minister"): <Amended by Presidential Decree No. 11737, Aug. 12, 1985; Presidential Decree No. 12406, Feb. 24, 1988; Presidential Decree No. 13282, Feb. 1, 1991; Presidential Decree No. 13356, Apr. 23, 1991; Presidential Decree No. 13623, Mar. 28, 1992; Presidential Decree No. 13717, Aug. 25, 1992; Presidential Decree No. 14167, Feb. 17, 1994; Presidential Decree No. 14441, Dec. 23, 1994; Presidential Decree No. 16564, Sep. 30, 1999; Presidential Decree No. 17115, Jan. 29, 2001; Presidential Decree No. 18782, Apr. 15, 2005; Presidential Decree No. 20111, Jun. 28, 2007; Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 20797, Jun. 5, 2008>

1. Leave of absence, cancellation of official position, and reinstatement of heads of universities/colleges as prescribed in Article 24 (1) of the Act (including industrial colleges, colleges of education, junior colleges, and correspondence colleges referred to in subsection 5 of Article 2 of the Higher Education Act);

2. Appointment of professors and associate professors as prescribed in Article 25 (1) of the Act;

3. Promotion to higher grade, holding concurrent positions, leave of absence, cancellation of official position, and reinstatement of supervisory officials and educational researchers referred to in Article 29 (1);

3-2. Appointment of supervisory officials and educational researchers referred to in Article 29 (2);

Article 3-2(Re-delegation of Appointment Authority) #

(1) The Minister shall re-delegate the following appointment authority to the heads of universities/colleges in accordance with the latter part of Article 6 (1) of the Government Organization Act: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 20978, Aug. 27, 2008>

1. Appointment of professors and associate professors under his/her control;

2. Promotion to higher grade, leave of absence, cancellation of official position, and reinstatement of educational researchers under his/her control; and

3. Appointment of principals of the schools attached to the relevant university/college among the delegated appointment authority in accordance with Article 3 (1) 4.

(2) The Minister shall re-delegate the appointment authority for promotion to higher grade, leave of absence, cancellation of official position, and reinstatement of supervisory officials and educational researchers under his/her control to the principal of the National Institute of Korean History in accordance with the latter part of Article 6 (1) of the Government Organization Act. <Amended by Presidential Decree No. 20740, Feb. 29, 2008>

(3) The Minister shall re-delegate the appointment authority for promotion to higher grade of supervisory officials and educational researchers under his/her control to the director general of the Korea National Institute for Special Education in accordance with the latter part of Article 6 (1) of the Government Organization Act. <Amended by Presidential Decree No. 20740, Feb. 29, 2008>

(4) The Minister shall re-delegate the following appointment authority to the relevant superintendent of the Office of Education in accordance with the latter part of Article 6 (1) of the Government Organization Act: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 20978, Aug. 27, 2008>

1. Appointment of supervisory officials and educational researchers delegated by the President in accordance with Article 3 (1) 3-2; and

2. Appointment of principals (excluding appointment of principals referred to in section (1) 3) delegated by the President in accordance with Article 3 (1) 4.

[This Article Newly Inserted by Presidential Decree No. 20111, Jun. 28, 2007]

Article 4-3(Recruiting New Faculty Members of Universities/Colleges) #

(1) In the event of recruiting new faculty members, universities/colleges shall ensure that persons having a bachelor’s degree from the same university/college do not exceed two thirds of the number of faculty members per recruitment unit under Article 28 (1) of the Enforcement Decree of the Higher Education Act: Provided, that even if a faculty member who is newly recruited acquired his/her bachelor’s degree from the relevant university/college, in the event that his/her major field of such bachelor’s degree is different from the major field to teach and research in such university/college after being recruited, he/she shall not be deemed to have acquired his/her bachelor’s degree from such university/college. <Amendedby Presidential Decree No. 18782, Apr. 15, 2005>

(2) Section (1) shall apply by counting the accumulated number of faculty members recruited until the relevant year on the basis of the end of year, and, in the event that the number of faculty members recruited in a year is less than three, section (1) shall apply by counting the accumulated number of faculty members recruited until the end of the year in which the accumulated number of faculty members becomes more than or equal to three. <Amended by Presidential Decree No. 21264, Jan. 16, 2009>

(3) Recruiting new faculty members of universities/colleges shall be implemented through the steps stated in the following subsections pursuant to the provisions of Article 11 (6) of the Act, and the heads of universities/colleges may implement such recruitment by integrating all the examination steps, and determine specific matters necessary for such implementation:

1. Basic examination: examination on whether or not the major of the applicant is consistent with the major field subject to recruitment, etc.;

2. Major examination: examination on academic superiority and educational ability, etc. for the major of the candidate for recruitment who has passed the basic examination; and

3. Interview examination: examination on personality, etc. of the candidate of recruitment who has passed the major examination.

(4) The examiners for the examination for recruitment under section (3) shall be appointed or commissioned by the head of a university/college among the faculty members of the relevant university/college or related specialists having profound academic knowledge and experiences. In this case, in examining whether or not the major of the applicant is consistent with the major field subject to recruitment and to examine the academic superiority for the major of the candidate for recruitment, not less than one third of the examiners shall be persons other than faculty members of the relevant university/college. <Amended by Presidential DecreeNo.17470,Dec.31,2001>

(5) Where the head of a university/college intends to recruit new faculty members, he/she shall publicly announce the matters concerning the fields of recruitment, number of persons to be recruited, qualification for application, examination standards, etc. in a daily newspaper, Official Gazette, or information and communication networks, or by other effective means within the period prescribed by school regulations not less than fifteen days prior to the application deadline. <NewlyInsertedbyPresidentialDecree17470,Dec.31,2001>

(6) In the event that any person who applied for recruitment of new faculty members of a university/college requests for opening the examination standards for new recruitment and the examination result per applicant to the public, such information shall be disclosed to the public after the persons who are newly recruited are decided upon. In this case, the information to be opened to the public shall be prepared so that no specific person can be identified. <Newly Inserted by Presidential Decree 17470, Dec. 31, 2001>

[This Article Newly Inserted by Presidential Decree No. 16564, Sep. 30, 1999]

Article 5-2(Appointment, etc. on Contract Basis of Faculty Members of University/College) #

(1) Appointment of faculty members of a university/college referred to in Article 11-3 of the Act shall be implemented by specifying the contract terms within the scope of the following subsections: <Amended by Presidential Decree No. 18782, Apr. 15, 2005; Presidential Decree No. 21264, Jan. 16, 2009>

1. Service period;

(a) Professors: it shall be the period until the retirement age as prescribed in Article 47 of the Act, provided that it may be the period specified by the relevant contract desired by the relevant person or the relevant person is appointed as a professor for the first time (excluding the case where an associate professor of the relevant university/college is appointed as a professor);

(b) Associate professor: the period until the retirement age as prescribed in Article 47 of the Act or the period specified by the relevant contract; and

2. Salary: remuneration as prescribed in the Public Officials Remuneration Regulations and allowances as prescribed in the Regulations Concerning Allowances, etc. for Public Officials;

3. Conditions for service: matters concerning teaching hours, department, etc.

4. Achievement and performance: matters concerning performance records of research, guidance of theses, academic and career counseling, and guidance of students, etc.;

5. Terms of re-contract and its procedures: matters concerning terms and procedures for reappointment after expiration of the service period; and

6. Other matters deemed necessary by the head of a university/college.

(2) Where deemed necessary, the head of a university/college may change the agreed upon contract terms upon the consent of the relevant person.

(3) The head of a university/college shall determine the detailed standards for the contract terms as prescribed in section (1) through the deliberation of the university/college personnel committee.

(4) A teaching assistant shall be appointed with a service period of one year.

[This Article Wholly Amended by Presidential Decree 17470, Dec. 31, 2001]

Article 6-2(Committee for Gender Equality for Appointment of Faculty Members of University/College) #

(1) The Committee for Gender Equality for Appointment of Faculty Members of University/College (hereinafter referred to as the “Committee for Gender Equality”) shall be established under the jurisdiction of the Minister in order to comply with counseling of the Minister in respect to the establishment and implementation of the policies to promote gender equality in appointment of faculty members of universities/colleges in accordance with Article 11-4 of the Act. <Amended by Presidential Decree No. 20633, Feb. 22, 2008; Presidential Decree No. 20740, Feb. 29, 2008>

(2) The Committee for Gender Equality shall deliberate on the matters applicable to the following subsections. <Amended by Presidential Decree No. 20633, Feb. 22, 2008; Presidential Decree No. 20740, Feb. 29, 2008>

1. Matters concerning the policies to promote gender equality in appointment of faculty members of universities/colleges;

2. Matters concerning plans necessary for implementation of positive disposition such as appointment plan for gender equality of universities/colleges pursuant to Article 11-4 (2) of the Act (hereinafter referred to as the “disposition plan for gender equality”), and evaluation of the performance records of promotion thereof;

3. Matters concerning administrative and financial assistance following the evaluation under section (2); and

4. Other matters deemed necessary by the Minister.

(3) The Committee for Gender Equality shall be composed of not more than fifteen members including a chairperson.

(4) A person commissioned by the Minister from among the members shall be the chairperson. <Amended by Presidential Decree No. 20740, Feb. 29, 2008>

(5) Persons commissioned or nominated by the Minister among the persons applicable to the following subsections shall be the members. <Amended by Presidential Decree No. 19513, Jun. 12, 2006; Presidential Decree No. 20740, Feb. 29, 2008>

1. Persons having profound academic knowledge and experiences in gender equality or personnel affairs of faculty members of universities/colleges; and

2. Grade 3 public officials or public officials in general service being high-ranking public officials in the Ministry of Education, Science and Technology.

(6) Other matters necessary for the operation of the Committee for Gender Equality shall be determined by the Minister. <Amended by Presidential Decree No. 20740, Feb. 29, 2008>

[This Article Newly Established by Presidential Decree No. 18114, Nov. 4, 2003]

Article 7(Standards for Management of Assignment to Post) #

(1) The person having appointment authority or the person having recommendation authority for appointment shall appoint the public education official under his/her control to a position, excluding the cases separately prescribed by the laws and regulations and the cases applicable to any of the following subsections: <Amended by Presidential Decree No. 12406, Feb. 24, 1988; Presidential Decree No. 15287, Feb. 25, 1997; Presidential Decree No. 18782, Apr. 15, 2005>

1. Where a temporary retiree for whom a separate quota is recognized, a dispatched person, or a person who was discharged, removed, or dismissed from office as prescribed in Article 43 (1) through (3) of the State Public Officials Act or Article 41 (1) through (3) of the Local Public Officials Act returns or reinstated to his/her office, and where he/she has to serve without position until the time there is vacancy in the quota of the relevant post as there is no vacancy corresponding to the relevant post of the relevant agency. In this case, the term “relevant agency” refers to the educational institution, educational administrative agency, or educational research institute; in which the head is the person having authority for new recruitment or having recommendation authority for appointment for the relevant public education official;

2. Where a public education official under his/her jurisdiction is to serve without position for a period within two months among the dispatched persons for whom the supplementation of the vacancy is approved pursuant to the provisions of Article 7-4, as deemed especially necessary for the preparation of the dispatch service for a special long-term training for a period not less than a year as prescribed in Article 40 of the Act, or long-term overseas training for a period not less than one year as prescribed in the Regulation for International Science and Technology Cooperation; and

3. Where a public education official under his/her jurisdiction is to serve without position for the preparation, etc. of establishment of the institutions for a period not exceeding two months in the event of establishment, alteration, or abolition for the organization of offices, schools or departments.

(2) In assigning positions to public education officials under his/her jurisdiction, the person having appointment authority or the person having recommendation authority for appointment shall appoint them upon taking into consideration the requirements for duties of the posts and personal requirements of the public education officials under his/her control as prescribed in the following subsections:

1. Requirements for duties of the posts:

(a) Types of duties and degree of specialization;

(b) Levels of abilities for duties;

(d) Relative importance of duties in the organization; and

(e) Other conditions necessary for performance of the relevant duties;

2. Personal requirements of public education officials:

(a) Category;

(b) Experience, academic background, major fields, and qualifications;

(d) Judgment of policies or abilities for performing duties;

(e) Leadership abilities;

(f) Characters and degree of confidence;

(g) Degree of integrity;

(h) Health; and

(i) Other special remarks.

(3) The person having appointment authority or the person having recommendation authority for appointment shall assign the public education officials under his/her jurisdiction to the respective positions in accordance with the difficulties and responsibilities of the duties and the experience and performance records of such officials so that they may appropriately develop their abilities.

(4) Public education officials who have taken special training such as training in a foreign country or entrusted education in the country, or who have taken training for a period not less than six months shall be assigned to the positions related to the contents of such trainings, unless there exist any special situations not to.

(5) Public education officials shall be assigned to the positions related to the qualifications or certificates of qualifications obtained by such officials.

(6) Public education officials shall be assigned after due consideration of their personally hometowns, unless there exist any special situations not to.

[This Article Wholly Amended by Presidential Decree No. 10756, Mar. 11, 1982]

Article 7-2(Holding Concurrent Positions) #

(1) The person having appointment authority or the person having recommendation authority for appointment may have the public education officials hold concurrent positions pursuant to the provisions of Article 18 of the Act in the cases applicable to any of the following subsections: <Amended by Presidential Decree No. 13860, Feb. 24, 1993; Presidential Decree No. 16564, Sep. 30, 1999; Presidential Decree No. 18782, Apr. 15, 2005>

1. Where it is needed for securing specialized manpower to be in charge of the related subjects or affairs; and

2. Where the faculty members of the Korea National Open University and industrial colleges, and members of teaching staff for the various levels of training institutions are appointed.

(2) Holding concurrent positions as prescribed in section (1) shall be limited to the cases applicable to any of the following subsections within the scope of not interfering with performing the duties of the main post: <Amended by Presidential Decree No. 13282, Feb. 1, 1991; Presidential Decree No. 14552, Mar. 25, 1995; Presidential Decree No. 17115, Jan. 29, 2001; Presidential Decree No. 18782, Apr. 15, 2005; Presidential Decree No. 20740, Feb. 29, 2008>

1. Between public officials in general service of various kinds of series of class in technology or research in the technology field and the public education officials of various levels of schools not lower than high school in the area of natural sciences, where the contents of their duties are similar;

2. Between public officials in general service of the occupational groups of liberal arts, public security, and public administration and the public education officials in the area of humanities and social sciences of various levels of schools not lower than junior colleges, where the contents of their duties are similar;

3. Between teachers of various levels of schools and the teachers of adjacent schools where their contents of duties are similar, or between teachers of the attached school and the school which attached the relevant school;

4. Between executives and staff of the organizations under the Government such as government invested institutions or government contributed institutions, etc. prescribed by the Minister, and the public education officials, where the contents of their duties are similar; and

5. Between executives and staff of the industrial enterprises which meet the standards prescribed by the Minister and the public education officials, where the contents of their duties are similar.

(3) The period of holding concurrent positions as prescribed in subsections 1, 2, 4, and 5 of section (2) shall be within two years, and it may be extended within the extent of two years where it is especially necessary: Provided, that the period of holding concurrent positions of the heads of university hospitals as prescribed in Article 9 of the Establishment of Seoul National University Hospital Act and Article 13 of the Act on the Establishment of National University-Affiliated Hospitals, the heads of dental hospitals as prescribed in Article 9 of the Establishment of Seoul National University Dental Hospital Act and Article 11 of the Act on the Establishment of National University-Affiliated Dental Hospitals, and the head of the National Cancer Center as prescribed in Article 6 of the National Cancer Center Act shall be within three years, and it may be extended within the extent of three years where it is especially necessary.<Amended by Presidential Decree No. 14552, Mar. 25, 1995; Presidential Decree No. 14655, May 29, 1995; Presidential Decree No. 17470, Dec. 31, 2001; Presidential Decree No. 18307, Mar. 9, 2004; Presidential Decree No. 18782, Apr. 15, 2005; Presidential Decree No. 20768, Aor. 16, 2008>

(4) In holding an extra office as prescribed in section (2), the head of the institution of an extra office shall appoint or recommend the appointment after obtaining the approval of the head of the institution of the primary office.

[This Article Newly Inserted by Presidential Decree No. 10756, Mar. 11, 1982]

Article 7-3(Dispatch Service) #

(1) The heads of educational institutions, educational administrative agencies, and educational research institutes may dispatch the public education officials under their jurisdiction pursuant to the provisions of Article 32-4 of the State Public Officials Act or Article 30-4 of the Local Public Officials Act in the case applicable to one the following subsections: <Amended by Presidential Decree No. 13717, Aug. 25, 1992; Presidential Decree No. 15287, Feb. 25, 1997; Presidential Decree No. 16564, Sep. 30, 1999; Presidential Decree No. 17305, Jul. 16, 2001; Presidential Decree No. 17930, Mar. 11, 2003; Presidential Decree No. 18516, Aug. 14, 2004; Presidential Decree No. 18782, Apr. 15, 2005>

1. Where it is especially necessary for performing the affairs of education, research, and academic promotion, etc. as national projects by institutions or organizations other than educational institutions, educational administrative agencies, or educational research institutes;

2. Where it is necessary for the administrative assistance for other institutions due to business congestion;

3. Where it is necessary for the joint performance of the affairs of which the jurisdiction is unclear, or special affairs which require close cooperation between related institutions;

4. Where it is necessary for the training of public education officials as prescribed in the Regulations for Training of Teachers, etc.;

5. Where he/she is selected as a faculty member of the training institution for public education officials as prescribed in the laws and regulations or ordinances;

6. Where it is necessary between educational institutions, between educational administrative agencies, between educational research institutes, or among educational institutions, educational administrative agencies, and educational research institutes, for seeking academic promotion and balanced development of education between the regions;

7. Where there is a need to dispatch public education officials to educational institutions or educational research institutes home or abroad for developing the abilities of such officials;

8. Where there is a need to dispatch public education officials to governments, international organizations, or research institutes abroad for performing the cooperative projects between the countries or with international organizations; and

9. Where it is necessary for collecting, etc. of data related to the performance of the related affairs, development of abilities, or establishment of national policies of the research institutes, private institutions and organizations in the country.

(2) The period of dispatch under section (1) shall be as follows: <Amended by Presidential Decree No. 13717, Aug. 25, 1992; Presidential Decree No. 15287, Feb. 25, 1997; Presidential Decree No. 17930, Mar. 11, 2003; Presidential Decree No. 19043, Sep. 14, 2005>

1. The period of dispatch as prescribed in section (1) 1, 2, 6, and 8 shall be within two years, and the period of dispatch as prescribed in subsections 3 and 5 of the same section shall be within one year, and where it is especially necessary, such periods of dispatch may be extended for a period within the scope of one year;

2. The period of dispatch as prescribed in section (1) 4 shall be the period necessary for the relevant training;

3. The period of dispatch as prescribed in section (1) 7 shall be one year and six months, and where it is especially necessary, it may be extended for a period within the scope of six months; and

4. The period of dispatch for the faculty members of universities/colleges shall be within two years, and the period of dispatch for the teachers of various levels of schools not higher than high school shall be within one year, among the dispatches prescribed in section (1) 9, and where it is necessary, such period may be extended for a period within the scope of one year only for the faculty members of universities/colleges.

(3) In dispatching any public education official under his/her authority in accordance with section (1) 1 through 3, 5, and 6, there shall be a prior request from the head of the institution to which such public education official is to be dispatched; and, in the event that any public education official under his/her jurisdiction is to be dispatched or the period of dispatch thereof is to be extended in accordance with section (1) 1 through 3, 8, and 9, where the relevant public education official belongs to the state agency, consultation shall be held with the Minister of Public Administration and Security (referring to the approval from the Minister in the cases of reciprocal dispatches between national educational institutions, educational administrative agencies, educational research institutes, or among educational institutions, educational administrative agencies, and educational research institutes, other than the dispatches to the Ministry of Education, Science and Technology, and the case where a period of dispatch is less than one year), and, where the relevant public education official belongs to the Office of Education of the Special Metropolitan City, Metropolitan City, Do, or Special Self-Governing Province, the approval from the Superintendent of the Office of Education shall be obtained.<Amended by Presidential Decree No. 13717, Aug. 25, 1992; Presidential Decree No. 14167, Feb. 17, 1994; Presidential Decree No. 15287, Feb. 25, 1997; Presidential Decree No. 16564, Sep. 30, 1999; Presidential Decree No. 17115, Jan. 29, 2001; Presidential Decree No. 18516, Aug. 14, 2004; Presidential Decree No 20740, Feb. 29, 2008; Presidential Decree No. 21264, Jan. 16, 2009>

(4) A dispatch order shall be given by the head of the relevant institution having the authority for transfer or authority for recommendation of transfer of the relevant public education official: Provided, that the orders of dispatching faculty members of a university/college shall be given by the head of the institution who has the authority for transfer, and the dispatch order of the head of an institution and the dispatches other than those, for which a separate quota is recognized pursuant to the provisions of Article7-4, shall be given by the head of their institution.

(5) In the case of dispatch for which there is no need to consult with the Minister of Public Administration and Security, the Minister shall notify such fact to the Minister of Public Administration and Security. <Amended by Presidential Decree No. 18516, Aug. 14, 2004; Presidential Decree No 20740, Feb. 29, 2008>

[This Article Wholly Amended by Presidential Decree No. 10756, Mar. 11, 1982]

Article 9-2(Requirements for Special Appointment) #

Where any person is to be specially appointed pursuant to the provisions of Article 12 (1) of the Act, he/she shall be one of the following persons: <Amended by Presidential Decree No. 9357, Mar. 3, 1979; Presidential Decree No. 10756, Mar. 11, 1982; Presidential Decree No. 12406, Feb. 24, 1988; Presidential Decree No. 13282, Feb. 1, 1991; Presidential Decree No. 16564, Sep. 30, 1999; Presidential Decree No. 17115, Jan. 29, 2001; Presidential Decree No. 18782, Apr. 15, 2005; Presidential Decree No. 19043, Sep. 14, 2005; Presidential Decree No. 19513, Jun. 12, 2006; Presidential Decree No. 19652, Aug. 24, 2006; Presidential Decree No. 20004, Apr. 12, 2007; Presidential Decree No. 20740, Feb. 29, 2008>

1. In the case of appointing pursuant to the provisions of Article 12 (1) 1 of the Act: any person whose cause for retiring from office has been identified upon inquiring into his/her previous records (where a public education official has retired from office to become a public official in general service, he/she shall be a person who was appointed as a public official in general service within one month from his/her retirement);

2. In the case of appointing pursuant to the provisions of Article 12 (1) 2 of the Act: any person who applies to the standards for qualification as prescribed in Article 22 of the Early Childhood Education Act, Article 21 of the Elementary and Secondary Education Act, Article 16 of the Higher Education Act, or Article 9 of the Act (excluding the case where the person having appointment authority appoints the principal of a school in accordance with the procedures of public advertisement for which Article 21 (1) of the Elementary and Secondary Education Act pursuant to Article 61 of the same Act), and has research or service records of not less than three years in the fields of duties having relationship with the post he/she is to be appointed to (including career prior to meeting the standards for qualification);

3. In the case of appointing pursuant to the provisions of Article 12 (1) 3 of the Act: teachers to serve in islands and remote areas as prescribed in Article 2 of the Act on the Promotion of Education in Islands and Remote Areas, teachers to take charge of vocational subjects in secondary schools with certificates of qualification in industrial subject, and other teachers to take charge of the subjects deemed especially necessary by the Minister for the supply and demand of teachers;

4. In the case of appointing pursuant to the provisions of Article 12 (1) 4 of the Act: state or local public officials of the posts equivalent to or higher than grade 7 (including public officials belonging to high-ranking public officials) based on the day to be appointed, who have been continuously serving for not less than five years, and meet the standards for qualification as prescribed in Article 22 of the Early Childhood Education Act, Article 21 of the Elementary and Secondary Education Act, Article 16 of the Higher Education Act, or Article 9 of the Act, and having nine years or more of experience in education, educational administration, or educational research; and

5. In the case of appointing teachers of private schools to public education officials pursuant to the provisions of Article 12 (1) 5: persons having experience in serving private schools for not less than three years, and persons who are to retire from office or persons over the staff quota due to closing of private schools or departments.

[This Article Newly Inserted by Presidential Decree No. 8850, Feb. 9, 1978]

Article 12-3(Organization and Operation of Recommendation Committee for Appointment of Head of University/College <Amended by Presidential Decree No. 19043, Sep. 14, 2005>) #

(1) The recommendation committee for appointment of head of university/college as prescribed in Article 24 (3) of the Act (hereinafter referred to as the "committee") shall be composed of members not less than ten and not more than fifty, as provided by the relevant university/college, and members shall be among the faculty members not lower than associate professor: Provided, that in the case where deemed necessary, persons outside the relevant university/college maybe the members.<Amended by Presidential Decree No. 19043, Sep. 14, 2005>

(2) The percentage of female members in the committee shall be not less than twenty-hundredths, and in the case of a university/college where the percentage of female members is not satisfied due to the shortage of female faculty members who are eligible as members, such percentage may be otherwise prescribed by school regulations. <Newly Inserted by Presidential Decree No. 19043, Sep. 14, 2005>

(3) A chairperson and a vice-chairperson shall be placed in the committee, and they shall be elected among the members by the members.

(4) <Deleted by Presidential Decree No. 19043, Sep. 14, 2005>

(5) When the committee has decided on the candidates for the head of the university/college, it shall notify the result of such decision to the head of the relevant university/college without delay. <Amended by Presidential Decree No. 14167, Feb. 17, 1994>

(6) The detailed matters necessary for operation, etc. of the committee shall be determined by the head of the relevant university/college.

(7) The committee shall continue to exist until the date the candidate recommended by the committee is appointed to the head of the university/college. <Amended by Presidential Decree No. 14167, Feb. 17, 1994>

[This Article Newly Inserted by Presidential Decree No. 13448, Aug. 6, 1991]

Article 13-3(Exchange of Personnel) #

(1) The person having appointment authority or the person having recommendation authority for appointment shall establish and implement a plan for exchanging personnel in order to prevent slackened work performance due to long-term service at the same post or in the same region while promoting efficient performance of duties.

(2) In establishing and implementing a plan for exchanging personnel under section (1), the person having appointment authority or the person having recommendation authority for appointment shall transfer a person who has served in islands or remote areas as prescribed in Article 2 of the Act on the Promotion of Education in Islands and Remote Areas for not less than three years to a place other than islands or remote areas upon taking into account the desires of the relevant person: Provided, that the same shall not apply where the relevant person does not wish to be transferred to another place. <Amended by Presidential Decree No. 9357, Mar. 3, 1979; Presidential Decree No. 10756, Mar. 11, 1982; Presidential Decree No. 18782, Apr. 15, 2005>

(3) In establishing and implementing a plan for exchanging personnel under section (1), the person having appointment authority or the person having recommendation authority for appointment may, where a public education official who is serving in the place to which there are few persons to be transferred is deemed to be needed to serve continuously, have him/her serve for a long-term service according to the relevant person’s hope. <AmendedbyPresidentialDecreeNo.10756,Mar.11,1982>

(4) The person having appointment authority shall not change the post of or transfer the teachers specially appointed pursuant to the provisions of Article 12 (1) 3 of the Act to any institution other than the relevant region or work institution for five years from the date he/she is appointed. <Newly Inserted by Presidential Decree No. 8850, Feb. 9, 1978; Presidential Decree No. 10756, Mar. 11, 1982>

(5) <Deleted by Presidential Decree No. 20978, Aug. 27, 2008>

[This Article Newly Inserted by Presidential Decree No. 7867, Nov. 13, 1975]

Article 15(Appointment of Special Promotion) #

(1) When the person having appointment authority or the person having recommendation authority for appointment intends to appoint a special promotion pursuant to the provisions of Article 15 of the Act, he/she shall promote persons among the public education officials who apply to one of the following subsections: <Amended by Presidential Decree No. 13282, Feb. 1, 1991; Presidential Decree No. 13717, Aug. 25, 1992; Presidential Decree No. 14167, Feb. 17, 1994; Presidential Decree No. 17115, Jan. 29, 2001; Presidential Decree No. 20740, Feb. 29, 2008>

1. In the case as prescribed in Article 15 (1) 1 of the Act, the public education officials who has received awards pursuant to the provisions in respect to the cheongbaekniawardsdedicatedto public officials with fair and distinguished services;

2. In the case as prescribed in Article 15 (1) 2 of the Act, the public education officials who are deemed by the Minister to have remarkable performance records in contribution to the development of education due to their superior abilities of performing duties. In this case, he/she shall obtain a prior approval from the President;

3. In the case as prescribed in Article 15 (1) 3, the public education officials who received bronze medals or higher grades of the original plan;

4. The public education officials who voluntarily retire from office pursuant to the provisions of Article 15 (1) 4; and

5. In the case as prescribed in Article 15 (1) 5, the public education officials who are deemed by the Minister to have special achievements while they were in office.

(2). In the event of appointing a special promotion pursuant to the provisions of section (1) 1 through 3, the relevant public education official shall not be subject to restriction on appointment of promotion as prescribed in Article 16.

(3) In appointing a special promotion pursuant to the provisions of section (1) 1 through 3, notwithstanding the ranking in the register of candidates for promotion, the appointee may be appointed for a promotion to the next higher post; and where the relevant person does not have a certificate of qualification for the higher post despite the fact that he/she meets the standards for qualification for the higher post, he/she may preferentially receive the qualification training to acquire a certificate of qualification for the higher post as provided by the Ordinance of the Ministry of Education, Science and Technology. <Amended by Presidential Decree No. 13282, Feb. 1, 1991; Presidential Decree No. 17115, Jan. 29, 2001; Presidential Decree No. 20740, Feb. 29, 2008>

(4) In appointing a special promotion pursuant to the provisions of section (1) 4 and 5, notwithstanding the provisions of Article 14, such promotion may be appointed,

[This Article wholly Amended by Presidential Decree No. 10756, Mar. 11, 1982]

Article 16(Restrictions on Appointment of Promotion) #

(1) Where a public education official applies to any of the following subsections, he/she shall not be appointed for promotion. <Amended by presidential Decree No. 13448, Aug. 8, 1991; Presidential Decree No. 21627, Jul. 16, 2009>

1. Where he/she is under request for resolution of disciplinary action, disciplinary action, cancellation of post, or leave of absence;

2. Where the following periods have not passed from the date that the execution of disposition of disciplinary action is completed:

(a) Demotion and suspension: eighteen months

(b) Reduction of salary: twelve months

(2) Where a public official under the application of Acts different from those for public education officials under this Decree in respect to disciplinary actions becomes a public education official under this Act, he/she shall not be appointed for a promotion for the eighteen months from the date that the execution of such disposition is completed in the event that he/she has received a disposition of demotion, and for the six months from the date that the execution of such disposition is completed in the event that he/she has received other disposition of disciplinary action similar thereto. <Amended by Presidential Decree No. 21627, Jul. 16, 2009>

(3) Where a person who is in the period of restriction on appointment of promotion referred to in sections (1) or (2) has received another disposition of disciplinary action, such period shall include the period of restriction on appointment of promotion pursuant to the new disposition of disciplinary action starting from the date that the execution of the first disposition of disciplinary action is completed. <Amended by Presidential Decree No. 21627, Jul. 16, 2009>

(4) Where a person who is in the period of restriction on the appointment of promotion due to a disposition of disciplinary action goes on a leave of absence, the remaining period of restriction on the appointment of promotion shall start from the date of reinstatement. <Amended by Presidential Decree No. 21627, Jul. 16, 2009>

(5) In the event that a public education official has received a decoration, a medal for merit, an award of a model public official, an official commendation from the Prime Minister or higher, or an award for adopting and implementation of a proposal, one half of the period of restriction on the appointment of promotion prescribed in section (1) 2 and section (2) may be shortened limited for the disposition of the heaviest disciplinary action he/she received. <Amended by Presidential Decree No. 21627, Jul. 16, 2009>

[This Article Wholly Amended by Presidential Decree No. 10756, Mar. 11, 1982]

DECREE ON THE APPOINTMENT OF PUBLIC EDUCATION OFFICIALS

Article 1(Scope of Application) #

Article 2 #

Article 3(Delegation of Appointment Authority) #

Article 3-2(Re-delegation of Appointment Authority) #

Article 4(Timely Filling of Vacancies) #

Article 4-2 #

Article 4-3(Recruiting New Faculty Members of Universities/Colleges) #

Article 5(Period of Appointment) #

Article 5-2(Appointment, etc. on Contract Basis of Faculty Members of University/College) #

Article 5-3(Calculation of Appointment Period of Faculty Members of University/College) #

Article 5-4(Examination of Tenured Faculty Members) #

Article 6(Prohibition of Retroactive Application of Appointment Date) #

Article 6-2(Committee for Gender Equality for Appointment of Faculty Members of University/College) #

Article 6-3(Evaluation, etc. of Disposition Plan for Gender Equality) #

Article 7(Standards for Management of Assignment to Post) #

Article 7-2(Holding Concurrent Positions) #

Article 7-3(Dispatch Service) #

Article 7-4(Filling Vacancy Caused by Dispatch) #

Article 7-5(Standards, etc. for Permission of Concurrent Position of Outside Director for Faculty Members of University/College) #

Article 8(Provisions for MutatisMutandisApplication) #

Article 9(New Appointment of Teachers) #

Article 9-2(Requirements for Special Appointment) #

Article 9-3(Appointment of Principals, etc.) #

Article 9-4(Preferential Treatment of Elderly Teachers) #

Article 10(Appointment Ranking of Candidates for Appointment) #

Article 11(Method, etc. of Open Screening) #

Article 11-2 #

Article 11-3(Qualifications for Applying for Examination) #

Article 11-4(Measures for Cheaters) #

Article 12(Effective Period of Register of Candidates for Appointment) #

Article 12-2(Recommendation for Head of University/College) #

Article 12-3(Organization and Operation of Recommendation Committee for Appointment of Head of University/College <Amended by Presidential Decree No. 19043, Sep. 14, 2005>) #

Article 12-4(Request, etc. for Appointment of Invited Principal or Invited Teacher) #

Article 13(Appointment of Temporary Teachers) #

Article 13-2(Restriction on Change of Post, etc.) #

Article 13-3(Exchange of Personnel) #

Article 14(Method for Appointment of Promotion) #

Article 15(Appointment of Special Promotion) #

Article 16(Restrictions on Appointment of Promotion) #

Article 17 #

Article 18(Order of Demotion) #

Article 19(Method for Appointment of Preferential Promotion of Demoted Person) #

Article 19-2(Leave of Absence for Child Care) #

Article 19-3(Leave of Absence for Employment) #

Article 20(Order of Removal from Office Due to Alteration or Abolition of Organization of Office, etc.) #

Article 21(Submission of Register of Persons Removed from Office) #

Article 22(Preferential Appointment of Persons Removed from Office) #

Article 23(Scope of Special Work Place) #

Article 24(Provisions for Entrustment) #