Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on the Staff of National Intelligence Service Korea and matters necessary for the enforcement thereof.
[This Article Wholly Amended on Sep. 21, 2012]
Article 2(Classes) #
(1) The titles of job families, series, and classes of staff members in special service, ranging from Grades I to IX among staff members of the National Intelligence Service (hereinafter referred to as "staff members") shall be as specified in Appendix 1, and the titles of job families, series, and classes of professional officials under Article 2(2) of the Act on the Staff of National Intelligence Service Korea (hereinafter referred to as the "Act") shall be as specified in Appendix 2. <Amended on Mar. 18, 2014>
(2) The titles of job families, series, and classes of staff members in general service shall be as specified in Appendix 3. <Amended on Mar. 18, 2014>
(3) Paragraph (2) shall not apply to staff members in general service performing special duties (hereinafter referred to as "professional career officials") who are exempt from classification of grades, job families, and series under Article 4(2)1 of the State Public Officials Act. <Added on Dec. 17, 2024>
[This Article Wholly Amended on Sep. 21, 2012]
Article 2-2(Professional officials) #
(1) The quota of professional officials shall not exceed 3/100 of the quota of staff members in special service of Grades I through IX, and annual appointments shall not exceed 20/100 of the quota of professional officials. <Amended on Oct. 10, 2013; Mar. 18, 2014>
(2) Professional officials shall be appointed from among staff members in special service aged 54 or younger, holding Grade IV or V in special service, and who have at least 5 years remaining before reaching the high year of tenure in the relevant grades under Article 22(1)2c and d of the Act. <Amended on Oct. 10, 2013; Mar. 18, 2014; Nov. 20, 2018>
(3) Professional officials may be appointed to work in the following fields of duties under Article 2(3) of the Act: <Amended on Dec. 17, 2024>
1. Information, security, and research requiring a high-level of expertise through long-term experience and maintenance of business continuity;
2. Highly specialized fields with significant technical complexity, such as science and technology.
(4) A professional official may not be reappointed as a staff member in special service or as a staff member in general service of Grade I through IX; provided, if there is a change to the organizational structure or staffing levels or where deemed necessary by the Director of the National Intelligence Service (hereinafter referred to as the "Director"), the official may be transferred to another position with similar duties. <Amended on Mar. 18, 2014>
(5) A Professional Official Review Committee shall be established within the National Intelligence Service (hereinafter referred to as the "NIS") to examine matters necessary for the management of professional officials.
(6) Except as provided in paragraphs (1) through (4), matters necessary for the management of professional officials and details relating to the composition, operation, etc. of the Professional Official Review Committee under paragraph (5) shall be determined by the Director.
[This Article Wholly Amended on Sep. 21, 2012]
Article 2-3(Professional career officials) #
(1) The Director may designate certain positions in special fields of work as professional career official positions if job rotation is impracticable and long-term employment and other relevant conditions are required from among positions of staff members in general service. In such cases, matters necessary for the designation of the professional career official positions, such as the special fields of work, shall be determined by the Director.
(2) The professional career official positions under Article 1 (hereinafter referred to as "professional career official position") shall be classified into Groups A, B, and C (hereinafter referred to as "position groups") based on the nature of duties, level of difficulty, required proficiency, etc.
(3) When designating a professional career official position under paragraph (1), the Director shall assign the relevant position to one of the position groups.
(4) A professional career official appointed to the professional career official position in position Group A (hereinafter referred to as "professional career official in Group A") shall be equivalent to a staff member of Grade V or higher under Article 7(1) of the Act.
(5) A professional career official appointed to the professional career official position in position Group B (hereinafter referred to as "professional career official in Group B") and to the position of a professional career official in position Group C (hereinafter referred to as "professional career official in Group C") shall be a staff member equivalent to Grade VI or lower under Article 7(2) of the Act.
(6) Professional career officials shall be employed through a career-based competitive recruitment examination, etc. under the proviso of Article 9 of the Act.
(7) Articles 3, 5, 6, 9, 11, 12-2 through 12-4, 14, 16(3), 18, and 27 shall not apply to professional career officials.
(8) Articles 14, 17(1) and (2), and 19 of the Regulations on Professional Career Officials shall apply mutatis mutandis to the probationary appointment, reassignment, and dispatch of professional career officials. In such cases, "public officials in general service" shall be construed as "staff members in general service" and "career-based competitive recruitment examination for professional career officials and other methods under Article 7" shall be construed as "examinations under Article 4", respectively.
[This Article Added on Dec. 17, 2024]
[Previous Article 2-3 moved to Article 2-4 <Dec. 17, 2024>]
Article 2-4(Staff members in fixed term positions) #
(1) Staff members in fixed term positions may be appointed to perform duties in the following fields under Article 3 of the Act: <Amended on Mar. 18, 2014; Dec. 17, 2024>
1. Special fields, such as science and technology;
2. Support fields related to information tasks, such as agent services and data input;
3. Fields requiring specialized knowledge or experience, such as medical services and interpretation;
4. Other fields deemed necessary by the Director in consideration of the details and unique characteristics of the duties of the NIS.
(2) The Director shall appoint staff members in fixed term positions, and Articles 4, 9(1), 10(1) and (2), and Article 47 of the Decree on Public Officials Appointment Examinations shall apply mutatis mutandis to the requirements and procedures for such appointments, and other necessary matters, such as qualifications for appointment, shall be determined by the Director. <Amended on Mar. 18, 2014; Dec. 17, 2024>
(3) The period of service for a staff member in a fixed term position shall be limited to the period necessary to perform assigned duties, not exceeding 5 years; provided, the Director may extend the period if there is any compelling reason justifying continued service. <Amended on Mar. 18, 2014>
(4) The maximum service age in each field of appointment for a staff member in a fixed term position shall be determined by the Director, ranging from 45 to 65 years of age in consideration of the characteristics of the duties, and if he or she reaches the maximum service age between January and June, he or she shall retire ipso facto on June 30, and if the date on which he or she reaches such age falls between July and December, he or she shall retire ipso facto on December 31. <Amended on Mar. 18, 2014>
(5) This Decree shall apply only to Articles 15, 24 through 26, 26-2, 29 through 41, 41-2, 42, 43, and 45 regarding work performance ratings, compensation, education and training, leave, and applications for permission for testimony, disciplinary actions, commendations, etc. <Amended on Mar. 18, 2014>
(6) Except as provided in this Decree, the Decree on the Appointment of Public Officials (excluding Sections 1 and 2 of Chapter II, Chapters III through V, Articles 43-2, 44, 45, 45, 45-2, 45-3, 46 through 48, 49-2, 49-3, 50, 51, 53 through 57, 57-6, 58, and 59) and the State Public Officials Service Regulations shall apply mutatis mutandis to the appointment and service of public officials in fixed term positions. <Added on Mar. 18, 2014>
Article 2-5(Emergency preparedness officers) #
An emergency preparedness officer assigned to the NIS under Article 12-2(1) of the Act on Emergency Preparedness shall be appointed as a professional career official. In such cases, the method of appointment of such officer, duties in charge, and other necessary matters shall be determined by the Director.
[This Article Wholly Amended on Dec. 17, 2024]
[Moved from Article 2-4, and Article 2-5 moved to Article 2-6 <Dec. 17, 2024>]
Article 2-6(Background investigation) #
(1) The scope of background investigations under Article 8-2(1) of the Act shall be as follows:
1. Candidates for appointment;
2. Persons determined by the Director from among relatives under Article 767 of the Civil Act.
(2) The methods and procedures for conducting background investigations under Article 8-2(1) of the Act shall be as follows:
1. The Director shall provide prior notification of the background investigation plan and may, if necessary, obtain written consent from the person falling under each subparagraph of paragraph (1);
2. The Director may request the submission of a written statement of personal identity, a certificate of educational background, a career certificate, a medical examination certificate, a certificate prescribed by the Act on the Registration of Family Relations, and other necessary materials for a background investigation;
3. To verify the details of the data under subparagraph 2, the Director may request inquiries or cooperation from relevant institutions and may conduct necessary inspections.
(3) Except as provided in paragraphs (1) and (2), other matters necessary for background investigation shall be determined by the Director.
[This Article Wholly Amended on Sep. 21, 2012]
[Moved from Article 2-5 <Dec. 17, 2024>]
Article 3(New employment through open competitive employment examinations) #
When conducting open competitive examinations for new employment under the main clause of Article 9 of the Act, the Director may establish minimum experience requirements necessary for the performance of assigned duties and other necessary qualification requirements under Articles 6 and 30 of the Act.
[This Article Wholly Amended on Sep. 21, 2012]
Article 3-2(Eligible age for new employment) #
The age eligibility for persons for applying for examinations for new employment under Article 9 of the Act shall be as specified in Appendix 4.
[This Article Wholly Amended on Mar. 18, 2014]
Article 4(Requirements for career-based competitive employment) #
(1) Staff members may be newly employed under the proviso of Article 9 of the Act through competitive examinations open to a large number of persons who meet the same requirements, in terms of academic background, qualifications, work experience, etc.; provided, in any of the following cases, staff members may be recruited through examinations not intended for a large number of persons: <Amended on Dec. 17, 2024>
1. Where a retired staff member is reemployed to the same class or position group where he or she has served at the time of retirement within 3 years of retirement;
2. Where a person with specialized knowledge, skills, etc., such as a certificate relevant to the position to which the appointment is to be made or fluency in a special foreign language, is appointed;
3. Where a person who has served in the same class or position as the one to which the appointment is to be made or who has at least 3 years of work or research experience in the corresponding class or position, is appointed (excluding professional career officials);
3-2. Where a person who has served in the same position as the one to which the appointment is to be made or who has at least 2 years of work or research experience in the corresponding position, is appointed;
4. Where a staff member dispatched to the NIS under Article 12 of the National Intelligence Service Korea Act (hereinafter referred to as "staff members holding concurrent posts"), is appointed as a staff member (excluding professional career officials);
5. Where a person with knowledge, experience, skills, and technical or research achievements relevant to the position to the which appointment is to be made, is appointed as a Grade I staff member (excluding professional career officials);
6. Where a person who has knowledge, experience, skills, and technical or research achievements relevant to the position to which appointment is to be made, is appointed as a staff member performing duties in a special job field or geographical area determined by the Director.
(2) In cases of employment under paragraph (1)2, the classification of qualification certificates by class and position group to which the appointment is to be made, criteria for recognizing professional knowledge, skills, etc., and the classes and positions to which the appointment is to be made, and qualifying work and research experience under subparagraphs 3 and 3-2 of that paragraph shall be determined by the Director. <Amended on Dec. 17, 2024>
Article 5(Reassignment) #
Staff members shall be reassigned based on the verification of their abilities through reassignment examinations; provided, if deemed essential by the Director for human resources management due to the change or abolition of organizational structure or staffing levels, staff members may be reassigned without having to undergo a reassignment examination, taking into account their career experience, etc.
[This Article Wholly Amended on Sep. 21, 2012]
Article 5-2 #
Deleted. <Mar. 18, 2014>
Article 6(Special promotion) #
(1) A staff member of Grade IV or lower who has made a significant contribution to national security by arresting a spy or performing equivalent duties related to national security, may be granted a special promotion under Article 40-4(1)2 of the State Public Officials Act.
(2) A staff member seeking special promotion under Article 40-4(1)2, 4, or 5 of the State Public Officials Act, shall undergo deliberation by the Merit Examination Committee; provided, a staff member seeking special promotion under Article 40-4(1)4 of the State Public Officials Act, shall not have been subject to severe or minor disciplinary action due to any of the following reasons during his or her tenure: <Amended on Jun. 25, 2019>
1. Grounds for disciplinary action under each subparagraph of Article 78-2(1) of the State Public Officials Act;
2. Commission of a sexual crime defined in Article 2 of the Act on Special Cases concerning the Punishment of Sexual Crimes;
3. Engagement in a commercial sex act defined in Article 2(1)1 of the Act on the Punishment of Arrangement of Commercial Sex Acts;
4. Sexual harassment defined in subparagraph 2 of Article 3 of the Framework Act on Gender Equality;
5. Driving under the influence under Article 44(1) of the Road Traffic Act or refusal to comply with a breath test under Article 44(2) of that Act.
(3) A staff member specially promoted under paragraph (1) shall not be subject to restrictions on promotion under Article 32(1)1 (limited to cases involving a salary reduction due to disciplinary action) and 2 and Article 32(2) of the Decree on the Appointment of Public Officials.
(4) A person specially promoted under paragraph (1) shall meet the minimum number of years of service required for promotion in the relevant grade, and if the person who has not yet met the requirements, shall be promoted after reaching the threshold.
(5) Notwithstanding Article 31(2) of the Decree on the Appointment of Public Officials, the provisions governing restrictions on promotion under Article 32(1)1 (limited to cases involving a salary reduction due to disciplinary action) and 2 and Article 32(2) of the Decree on the Appointment of Public Officials shall not affect the calculation of the minimum number of cumulative years of service required for promotion under paragraph (4).
(6) If an honorable retirement allowance is recovered from a person specially promoted under Article 40-4(1)4 of the State Public Officials Act due to falling under Article 74-2(3)1, 1-2, or 1-3 of that Act, his or her special promotion shall be revoked. In such cases, the person shall be deemed to have retired in the class held before the special promotion. <Added on Jun. 25, 2019>
Article 6-2(Special salary grade elevation) #
(1) Notwithstanding Article 16(1) of the Public Officials Remuneration Regulations, any of the following persons may be granted a special elevation of 1 salary grade:
1. A person who has made a significant contribution to enhancing national security or national interests;
2. A person entitled to special benefits in personnel management under relevant statutes or regulations;
3. Other persons who made a significant contribution to the advancement of administration through excellent performance.
(2) Notwithstanding Article 4-2(1) of the Public Officials Remuneration Regulations, the Director may establish and operate a deliberative committee on special elevation of a salary grade, if necessary to deliberate on matters relating to special salary grade elevation under paragraph (1)1 or 3.
(3) The deliberative committee on special elevation of a salary grade under paragraph (2) shall consist of 5 members, including 1 chairperson; and the chairperson shall be appointed by the Director from either Deputy Director or the Executive Director of the NIS, and the members shall be from among the staff members assigned to Grade I positions.
(4) Notwithstanding Article 16(2) of the Public Officials Remuneration Regulations, if a special elevation of a salary grade is to be granted under paragraph (1)1 or 3, deliberation by the deliberative committee on special elevation of a salary grade under paragraph (2) of this Article shall be required.
(5) Except as provided in paragraphs (1) through (4) and Article 16(4) and (6) of the Public Officials Remuneration Regulations, matters necessary for the operation of the special salary grade elevation system shall be determined by the Director, notwithstanding Article 16(7) of the Public Officials Remuneration Regulations.
[This Article Added on Dec. 17, 2024]
Article 7(Assigned positions) #
(1) A staff member shall be assigned to an appropriate position in consideration of his or her grade, career experience, abilities, etc.
(2) Except in cases falling under any of the following subparagraphs, no staff member shall be transferred within the same department within 6 months from the date of his or her appointment to the relevant position or between departments within 1 year from the date of the appointment:
1. Where changes occur in the organizational structure and staffing quota;
2. Where the relevant staff member has been promoted or has been subject to disciplinary action;
3. In other cases where the Director deems transfer particularly necessary for the management of assigned positions.
(3) Except as provided in paragraphs (1) and (2), other matters necessary for the management of assigned positions shall be determined by the Director.
[This Article Wholly Amended on Sep. 21, 2012]
Article 8(Examinations) #
(1) Examinations for the appointment of staff members (hereinafter referred to as "examination") shall be conducted for each job class and position group. In such cases, examinations for special series may be conducted separately by field of duties. <Amended on Dec. 17, 2024>
(2) Examinations shall be classified into open competitive examinations for new employment, examinations under the main clause and proviso, with the exception of the subparagraphs, of Article 4(1) (hereinafter referred to as "career-based competitive recruitment examination, etc."), and reassignment examinations. <Amended on Mar. 18, 2014; Nov. 20, 2018>
(3) Deleted. <Mar. 18, 2014>
[This Article Wholly Amended on Sep. 21, 2012]
Article 9(Open competitive examination for new employment) #
(1) Open competitive examinations for new employment shall consist of document screening, a written examination, an interview, and a physical examination; provided, if deemed necessary by the Director, document screening and the written examination may be exempted, and a practical examination, physical fitness test, intelligence test, personality test, and aptitude test may be administered in whole or in part.
(2) The subjects for the written examination under paragraph (1) shall be as specified in Appendices 6 and 7; provided, if deemed necessary by the Director, certain subjects may be exempted from the examination.
[This Article Wholly Amended on Sep. 21, 2012]
Article 10(Career-based competitive recruitment examinations, etc.) #
(1) Career-based competitive recruitment examinations, etc. shall consist of document screening, a written examination, an interview, and a physical examination; provided, if deemed necessary by the Director, a practical examination, physical fitness test, intelligence test, personality test, and aptitude test may be administered in whole or in part. <Amended on Mar. 18, 2014>
(2) Notwithstanding paragraph (1), if deemed particularly necessary by the Director, a person falling under any subparagraph of Article 4(1) may be exempted from a written examination under paragraph (1).
(3) The subjects for the written examination under paragraph (1) shall be as specified in Appendices 6 and 7; provided, if deemed necessary by the Director, certain subjects may be exempted from the examination.
[This Article Wholly Amended on Sep. 21, 2012]
[Title Amended on Mar. 18, 2014]
Article 11(Reassignment examinations) #
(1) A reassignment examination shall be administered to those who have either completed education determined by the Director or who have accumulated at least 2 years of work experience in the same field of duties as that of the series to which reassignment is sought.
(2) The reassignment examination shall consist of a written examination, a practical examination, and an interview; provided, the written and the practical examinations may be exempted in cases of reassignment to professional officials.
(3) Subjects for the written examination under paragraph (2) shall be determined by the Director.
[This Article Wholly Amended on Sep. 21, 2012]
Article 12 #
Deleted. <Nov. 20, 2018>
Article 12-2(Minimum number of years required for promotion) #
(1) The minimum number of years of service by grade required for promotion of staff members in special service under Article 10(2) of the Act shall be as follows: <Amended on Nov. 20, 2018; Dec. 17, 2024>
1. Grade III: At least 1 year;
2. Grade IV: At least 4 years;
3. Grade V: At least 4 years;
4. Grade VI: At least 3 years and 6 months;
5. Grades VII and VIII: At least 2 years;
6. Grade IX: At least 1 year and 6 months.
(2) Article 31(2) and (4) through (12) of the Decree on the Appointment of Public Officials shall apply mutatis mutandis to the calculation of the period under paragraph (1). In such cases, "public officials in general service" shall be construed as "staff members in special service".
[This Article Added on Mar. 18, 2014]
Article 12-3(Classification and timing of promotion) #
Promotions for staff members shall be classified into regular promotions, occasional promotions, and special promotions, and regular promotions may be conducted every half-year.
[This Article Added on Mar. 18, 2014]
Article 12-4(Promotion review committee) #
(1) The Director may organize and operate a promotion candidate recommendation committee, a promotion review committee, and a promotion selection committee, respectively, to recommend, review, and select persons eligible for promotion. <Amended on Dec. 17, 2024>
(2) The promotion review committee under paragraph (1) shall examine staff members recommended by the promotion candidate recommendation committee. <Amended on Dec. 17, 2024>
(3) The promotion selection committee shall select persons eligible for promotion from among the staff members recommended by the promotion review committee. <Amended Dec. 17, 2024>
(4) Except as provided in paragraphs (1) through (3), matters necessary for the organization and operation of the promotion candidate recommendation committee, the promotion review committee, and the promotion selection committee shall be determined by the Director.
[This Article Added on Mar. 18, 2014]
Article 13(Administration of examinations) #
(1) For a written examination, at least 2 examiners shall be appointed for each subject, and the formulation and scoring of the examination questions shall not reflect any specific ideological bias.
(2) For an interview, at least 3 examiners shall be appointed, and examiners shall mainly evaluate the candidates' knowledge and their abilities to apply such knowledge.
(3) Article 51 of the Decree on Public Officials Appointment Examinations shall apply mutatis mutandis to measures against a person who engages in cheating or exercises undue influence on the outcomes of, an appointment examination.
[This Article Wholly Amended on Sep. 21, 2012]
Article 14(Preparation of lists of candidates for promotion) #
(1) A list of candidates for promotion shall be prepared from among staff members meeting necessary requirements for promotion in consideration of the work performance ratings, career ratings, education and training, and other evidence of competence.
(2) Matters necessary for the preparation of a list of candidates for promotion under paragraph (1) shall be determined by the Director.
[This Article Wholly Amended on Sep. 21, 2012]
Article 15(Conducting work performance rating and career rating) #
To improve the service efficiency of staff members and to ensure appropriate personnel management, staff members in special service and in general service from Grades I through IX (excluding staff members in fixed term positions) shall be subject to work performance and career ratings, and the professional officials, professional career officials, and staff members in fixed term positions shall be subject to work performance ratings. <Amended on Mar. 18, 2014; Dec. 17, 2024>
[This Article Wholly Amended on Sep. 21, 2012]
Article 16(Rating standards) #
(1) A work performance rating shall be conducted based on the evaluation of the relevant staff member's performance, abilities, attitude, integrity, suitability for duties, and other matters necessary for the performance of duties over a certain period of time.
(2) The work performance rating shall be conducted fairly without being influenced by the evaluator's subjective opinion or prejudice.
(3) A career rating shall be conducted based on the degree of relevance between the career experience of the relevant staff member and the performance of his or her duties associated with each job class.
[This Article Wholly Amended on Sep. 21, 2012]
Article 17(Work performance ratings) #
(1) Deleted. <Dec. 30, 1995>
(2) Work performance ratings (excluding work performance ratings for staff members in fixed term positions) shall be classified into regular work performance ratings and occasional work performance ratings, and regular work performance ratings shall be conducted twice a year. <Amended on Sep. 21, 2012; Mar. 18, 2014>
(3) Occasional work performance ratings shall be conducted for reassignment, promotion, and other necessary purposes. <Amended on Sep. 21, 2012>
(4) The methods, timing, and procedures of work performance ratings, and other necessary matters shall be determined by the Director. <Amended on Sep. 21, 2012>
[Title Amended on Sep. 21, 2012]
Article 18(Career ratings) #
(1) Career experience shall be classified into Career "A", Career "B", and Career "C", and Career "A" shall be work experience at the relevant or higher grade at the NIS, and Career "B" shall be work experience at the second-lowest or equivalent grade at the NIS, and Career "C" shall be work experience as a public official at an equivalent grade, outside the NIS.
(2) Career rating scores shall be calculated based on the number of months of career experience with career rating scores being the sum of the total rating scores of Careers "A", "B", and "C".
(3) Notwithstanding paragraph (2), the career rating scores of a staff member of Grade V or higher shall be the sum of the rating scores assigned to Careers "A" and "B". In such cases, the level of difficulty, expertise, etc. of duties performed may be evaluated and reflected in each rating score. <Added on Dec. 17, 2024>
(4) The criteria for evaluating the level of difficulty, expertise, etc. of duties under the latter part of paragraph (3) shall be determined by the Director. <Added on Dec. 17, 2024>
(5) The period subject to career ratings shall be the 8 most recent years from the base date of evaluation. <Amended on Dec. 17, 2024>
(6) The period subject to career ratings shall not include the periods of leave of absence and suspension from office; provided, any of the following periods shall be included in the calculation: <Amended on Nov. 20, 2018; Dec. 17, 2024>
1. A period of temporary leave of absence to perform obligations under statutes;
2. A period of leave of absence due to a disease or an injury sustained in the performance of official duties;
3. A period of leave of absence included in the minimum number of years required for promotion under Article 31(2)1c of the Decree on the Appointment of Public Officials.
[This Article Wholly Amended on Sep. 21, 2012]
Article 19(Restrictions on disclosure of ratings) #
The results of work performance ratings shall not be disclosed except where the disclosure is particularly necessary for purposes of personnel management or for the implementation of other personnel policies.
[This Article Wholly Amended on Sep. 21, 2012]
Article 20(Personnel Committee) #
(1) A Personnel Committee shall be established in the NIS to deliberate on policies regarding personnel management and important matters relating to the operation thereof.
(2) The Personnel Committee shall consist of 1 chairperson and 5 members, and the chairperson shall be appointed by the Director from either the Deputy Director or the Executive Director, and the members shall be appointed by the Director from among the staff members assigned to Grade I positions. <Amended on Mar. 18, 2014>
(3) Matters necessary for meetings of the Personnel Committee and other matters necessary for the operation of the committee shall be determined by the Director.
[This Article Wholly Amended on Sep. 21, 2012]
Article 21(Duties of the Personnel Committee) #
The Personnel Committee shall deliberate on matters relating to personnel policies and the operation thereof proposed by a planning department or other relevant departments relating to personnel affairs, and shall make recommendations to the Director.
[This Article Wholly Amended on Sep. 21, 2012]
Article 22(Examiners) #
(1) The Director may appoint or commission any of the following persons as an examiner responsible for preparing questions for, and scoring, written examinations, interviews and practical examinations, and handling other matters necessary for the administration of examinations:
1. A person with specialized knowledge or abilities in the relevant field of duties;
2. A person with specialized knowledge of preparation of questions for examinations;
3. A person well versed in the practical affairs related to the duties to be assigned.
(2) A person appointed or commissioned as an examiner under paragraph (1) shall faithfully comply with the matters requiring attention in preparing examination questions, and the matters to be observed in accordance with a written oath, etc. requested by the Director.
[This Article Wholly Amended on Sep. 21, 2012]
Article 23 #
Deleted. <Mar. 31, 1999>
Article 24(Compensation) #
(1) A person who retired due to an injury sustained under Article 13 of the Act and his or her family members shall be deemed to have retired after sustaining a physical disability corresponding to the disability rating under Article 6-4 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State or Article 6 of the Act on Support for Persons Eligible for Veteran's Compensation.
(2) The bereaved family of a staff member who died (including where he or she later died from an injury) under Article 13 of the Act shall be a person falling under Article 5 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State or Article 3 of the Act on Support for Persons Eligible for Veteran's Compensation at the time of death.
(3) A person falling under paragraph (1) shall be deemed a solider or a police official wounded in action or a solider or a police official wounded on active duty under Article 4(1)4 and 6 of Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State or a solider or police officer wounded in a disaster and his or her family members under Article 2(1)2 of the Act on Support for Persons Eligible for Veterans' Compensation, and a person falling under paragraph (2) shall be deemed a bereaved family member of a solider or a police official killed in action or a solider or a police official killed in the line of duty under Article 4(1)3 or 5 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State or a bereaved family member of a solider or police officer killed in a disaster under Article 2(1)1 of the Act on Support for Persons Eligible for Veterans' Compensation, and compensation shall be provided under both of the Acts.
(4) A person seeking compensation under paragraph (3) shall file an application for registration under Article 6 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State or Article 4 of the Act on Support for Persons Eligible for Veteran's Compensation. In such cases, such application shall be accompanied by a certificate of injury or death issued by the Director.
(5) Upon receiving a request from the Minister of Patriots and Veterans Affairs to verify facts related to the requirements for persons who have rendered distinguished service to the State or persons eligible for veteran's compensation under Article 9(2) of the Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State or Article 6(2) of the Enforcement Decree of the Act on Support for Persons Eligible for Veteran's Compensation, the Director shall verify such facts and notify the Minister of Patriots and Veterans Affairs accordingly. <Amended on Apr. 11, 2023>
Article 25(Education and training) #
To enhance the knowledge, skills, and abilities to apply such knowledge and skills, necessary for their duties, staff members shall undergo basic education corresponding to their classes and positions, as well as receive specialized and advanced education and training, as determined by the Director.
[This Article Wholly Amended on Nov. 20, 2018]
Article 26(Leave) #
Necessary matters relating to leave, watchkeeping, business trips, working hours, emergency duty, etc. for staff members shall be determined by the Director. <Amended on Mar. 31, 1999; Dec. 17, 2024>
[Title Amended on Mar. 31, 1999]
Article 26-2(Application for permission for testimony, statement, or publication) #
A person seeking permission to testify, make a statement, or publish content under Article 17(2), (3), or (5) of the Act shall submit an application to the Director, accompanied by the details thereof, no later than 15 days prior to the intended date of such action under Article 17(2), (3), or (5) of the Act.
[This Article Wholly Amended on Sep. 21, 2012]
Article 27(Age limits for high year of tenure) #
The high year of tenure of a staff member reappointed under Article 4(1)1 shall be calculated by summing the total years of service at the relevant grade.
[This Article Wholly Amended on Sep. 21, 2012]
Article 27-2(Consent to ex officio dismissal) #
(1) If consent to ex officio dismissal from the Disciplinary Committee is required under Article 21(2) of the Act, the appointing authority shall submit a written request for such consent to the competent Disciplinary Committee under Article 30 as specified in Form 1.
(2) The Disciplinary Committee under paragraph (1) shall give priority to passing a resolution requesting consent for ex officio dismissal over other disciplinary cases (excluding cases requiring resolutions on disciplinary action under Articles 78-3(2) and 78-4(2) of the State Public Officials Act).
(3) Upon passing a resolution requesting consent to ex officio dismissal, the Disciplinary Committee shall, without delay, notify the appointing authority of the outcomes and attach the written resolution as specified in Form 1-2.
(4) Except as provided in paragraphs (1) through (3), Articles 37, 38, and 40 shall apply mutatis mutandis to the attendance of persons subject to ex officio dismissal, exclusion of, and challenge to members, and examination of evidence. In such cases, "persons subject to disciplinary action" shall be construed as "persons subject to ex officio dismissal"; "resolution on disciplinary action" as "resolution requesting consent to ex officio dismissal"; "disciplinary case" as "case of ex officio dismissal"; and "review of disciplinary action" as "review of ex officio dismissal," respectively.
[This Article Added on Dec. 17, 2024]
Article 28(Operation of the Qualification Examination Committee) #
(1) If a staff member falls under any subparagraph of Article 21-2(1) of the Act as a result of regular work performance rating, the Director shall, without delay, prepare a written request for qualification examination using Form 1-3 and request the Qualification Examination Committee under Article 21-2(2) of the Act (hereinafter referred to as the "Qualification Examination Committee") to examine the qualifications of such person. <Amended Dec. 17, 2024>
(2) The Director shall deliver a copy of a written request for qualification examination to a person subject to such examination at the same time the qualification examination is requested.
(3) The Qualification Examination Committee shall pass a resolution on qualification status within 30 days of receiving the request for qualification examination; provided, the chairperson of the Qualification Examination Committee may extend the period by up to additional 30 days unless there is a compelling reason not to do so.
(4) At least 2/3 of the members of the Qualifications Examination Committee, including the chairperson, shall constitute a quorum, and any resolution thereof shall require the concurring vote of at least a majority of those present through a secret vote.
[This Article Wholly Amended on Sep. 21, 2012]
Article 28-2(Standards for examination and processing by the Qualification Examination Committee) #
(1) The Qualification Examination Committee shall conduct a fair qualification examination, taking into account the working attitude, achievements, and other circumstances of the person subject to such examination, and may require him or her to appear in person and state his or her opinion.
(2) The resolution of the Qualification Examination Committee shall be in accordance with the written resolution on the Examination of Qualifications as specified in Form 2.
(3) The Qualification Examination Committee shall prepare 2 authentic copies of the explanation of the grounds for eligibility examination in accordance with Form 3 and submit them to the Director, who shall take necessary measures.
(4) If a person is determined to be disqualified as a result of qualification examination, the appointing authority shall dismiss him or her ex officio after 3 months have passed from the date of the committee's resolution.
(5) Article 32 shall apply mutatis mutandis to the duties of the chairperson of the Qualifications Examination Committee; Article 33 to the duties of the executive secretary of the Qualifications Examination Committee; and Article 38 to the exclusion of, and challenge to, the chairperson and members of the Qualifications Examination Committee, respectively.
(6) Except as provided in paragraphs (1) through (5), matters necessary for the examination, etc. by the Qualifications Examination Committee shall be determined by the Director.
[This Article Wholly Amended on Sep. 21, 2012]
Article 28-3(Support for employment of retired staff members) #
(1) If deemed necessary to support retired staff members (including prospective retirees; hereafter in this Article the same shall apply) under Article 22-2(1) of the Act, the Director may request relevant administrative agencies, public institutions, corporations, organizations, experts, etc. to provide necessary cooperation, such as educational support or submission of data.
(2) When providing support for retired staff members under Article 22-2(1) of the Act, the Director may request institutions, corporations, or organizations with expertise and personnel in areas, such as employment, entrepreneurship, or career development, etc. to deliver the relevant support services.
(3) Except as provided in paragraphs (1) and (2), details necessary for the procedures, methods, etc. of support under Article 22-2(1) of the Act shall be determined by the Director.
[This Article Added on Apr. 19, 2022]
Article 29(Request for resolution on disciplinary action) #
(1) The Director or the head of each department authorized by the Director may request a resolution on disciplinary action from the competent disciplinary committee if he or she determines that a staff member under his or her jurisdiction (including those dispatched to the relevant department, instead of those holding concurrent posts) falls under any subparagraph of Article 24 of the Act.
(2) A written request for a resolution on disciplinary action under paragraph (1) shall be submitted using Form 4, after a thorough investigation of the grounds for disciplinary action of the relevant staff member in advance, accompanied by supporting documentation.
(3) When a superior among staff members becomes aware of misconduct of a subordinate, he or she shall notify the head of the department to which the staff member belongs of such misconduct.
(4) A person with the authority to request a resolution on disciplinary action shall deliver a copy of the written request for a resolution on disciplinary action under paragraph (2) to the person subject to disciplinary action at the same time the request is made; provided, if the request includes matters requiring confidentiality, only the summary thereof may be delivered.
(5) Upon receiving the summary under the proviso of paragraph (4), the person subject to disciplinary action may request an inspection of the written request for a resolution on disciplinary action, and the person authorized to request the resolution on disciplinary action shall comply with such request.
[This Article Wholly Amended on Sep. 21, 2012]
Article 30(Establishment of the Disciplinary Committee) #
(1) The NIS shall establish both a High Disciplinary Committee and a General Disciplinary Committee.
(2) The High Disciplinary Committee shall examine and resolve on the following disciplinary cases: <Amended on Mar. 18, 2014; Dec. 17, 2024>
1. Disciplinary cases against employees of Grade I through V, professional officials, and professional career officials in Group A;
2. Cases of examination or reexamination requested under to Article 82(2) of the State Public Officials Act;
3. Cases involving staff members in fixed term positions equivalent to public officials in professional fixed-term positions in Group B or higher under Article 2(2)1-2e of the Decree on Disciplinary Action against Public Officials.
(3) The General Disciplinary Committee shall examine and resolve on disciplinary cases involving staff members of Grade VI or lower, professional career officials in Grade B and in Group C, and staff members in fixed term positions (excluding those in fixed term positions equivalent to public officials in professional fixed-term positions in Group B or higher under Article 2(2)1-2e of the Decree on Disciplinary Action against Public Officials). <Amended on Mar. 18, 2014; Dec. 17, 2024>
(4) Notwithstanding paragraphs (2) and (3), the Higher Disciplinary Committee shall examine and resolve on disciplinary cases involving both higher- and lower-ranking employees across different jurisdictions; provided, if it is deemed appropriate to separately examine and resolve on disciplinary actions against lower-ranking employees, such cases may be transferred to the General Disciplinary Committee by a resolution of the Higher Disciplinary Committee.
[This Article Wholly Amended on Sep. 21, 2012]
Article 31(Composition of the Disciplinary Committee) #
(1) Each Disciplinary Committee shall consist of 1 chairperson and not less than 4 but not more than 6 members, and may have 1 reserve member. <Amended on Nov. 20, 2018>
(2) The chairperson of each Disciplinary Committee shall be appointed by the Director from among the Deputy Director or the Executive Director, and the members and the reserve member shall be appointed by the Director from among the staff members assigned to Grade I positions. <Amended on Mar. 18, 2014; Nov. 20, 2018>
[This Article Wholly Amended on Sep. 21, 2012]
Article 32(Duties of chairperson) #
(1) The chairperson of each Disciplinary Committee (hereinafter referred to as the "chairperson") shall convene and preside over meetings of the relevant Disciplinary Committee, and exercise overall control over its affairs.
(2) When the chairperson is unable to perform his or her duties due to any unavoidable cause, a member designated by the chairperson shall act on behalf of the chairperson.
[This Article Wholly Amended on Sep. 21, 2012]
Article 33(Executive secretary) #
(1) Each Disciplinary Committee shall have 1 executive secretary, who shall be appointed by the Director from among the staff members of the department in charge of personnel affairs upon the recommendation of the chairperson.
(2) The executive secretary shall handle the following matters under the direction of the chairperson:
1. Arranging bills and making necessary preparations for meetings;
2. Preparing and maintaining meeting minutes;
3. Handling other affairs of the committee.
[This Article Wholly Amended on Sep. 21, 2012]
Article 34(Examination of disciplinary action) #
The Disciplinary Committee shall fairly examine a disciplinary case, taking into account the misconduct, work performance, achievements, and other circumstances of the person subject to disciplinary action, and committee members shall avoid subjectivity and bias in their deliberations.
[This Article Wholly Amended on Sep. 21, 2012]
Article 35(Meetings) #
(1) A meeting of each Disciplinary Committee shall be convened with the attendance of at least 2/3 of its members, including the chairperson, and resolutions shall be adopted with the concurring vote of a majority of the members present, but if a majority cannot be reached due to differing opinions among the members, the most favorable opinions for the person subject to disciplinary action shall be progressively added to the most unfavorable opinion until a majority is reached, and the resulting most favorable opinion shall then be deemed the consensus.
(2) The details of resolutions and agreements shall not be disclosed.
(3) A resolution shall be finalized when the attending members sign a written resolution on disciplinary action in Form 5, and the facts causing the disciplinary action, the judgment of evidence, and the relevant statutes or regulations shall be clearly stated in the column of reason.
[This Article Wholly Amended on Sep. 21, 2012]
Article 36(Deadline for resolution on disciplinary action) #
(1) Each Disciplinary Committee shall examine and resolve on a written request for resolution on disciplinary action under Article 29(2) within 30 days of receiving it; provided, in extenuating circumstances, the period may be extended by up to 30 additional days through a resolution of the relevant Disciplinary Committee.
(2) If the disciplinary procedure for a case in which a resolution on disciplinary action has been requested is suspended under Article 28 of the Act, the period of suspension shall not be counted toward the period of a resolution on disciplinary action under paragraph (1).
[This Article Wholly Amended on Sep. 21, 2012]
Article 37(Attendance of persons subject to disciplinary action) #
(1) The Disciplinary Committee shall provide the person subject to disciplinary action an opportunity to appear and present a defense.
(2) If the person subject to disciplinary action does not wish to appear, the Disciplinary Committee may require him or her to submit a written waiver of the right to make a statement signed at the bottom of the notice of attendance in Form 6 and to include it in the record, and may pass a resolution on disciplinary action based solely on a written examination. <Amended on Dec. 17, 2024>
(3) The chairperson shall notify the person subject to disciplinary action of his or her attendance using a notice of attendance in Form 6, and if the person subject to disciplinary action fails to attend at least twice without good cause, he or she shall be deemed not to wish to attend, and such fact shall be clearly stated in the record of the resolution on disciplinary action, and the resolution may be adopted based solely on a written examination.
(4) If the Disciplinary Committee determines that it is impracticable to deliver a written notice of attendance directly to the person subject to disciplinary action or his or her family due to his or her abscondment to avoid disciplinary action or fact-finding investigation in a criminal case, the committee shall deliver the notice or a request for written statement to the head of the department to which the person belongs for delivery, and if the delivery is impracticable, or if the person subject to disciplinary action refuses to accept it or fails to submit a written statement within the designated period, the committee shall report such fact by attaching supporting documentation and clearly state it in the record of the resolution on disciplinary decision before passing a resolution on disciplinary action based solely on a written examination.
(5) If the person subject to disciplinary action is unable to appear on the designated date due to overseas stay, overseas travel, or other reasons, the Disciplinary Committee may pass a resolution on disciplinary action by requiring him or her to submit a written statement within a reasonable period of time; provided, if the written statement is not submitted within the period, the resolution may be passed based solely on a written examination after receiving confirmation from the head of the relevant department.
[This Article Wholly Amended on Sep. 21, 2012]
Article 38(Exclusion and challenge) #
(1) The chairperson and any member of the Disciplinary Committee who is a relative of a person subject to disciplinary action or who is otherwise involved in the case that give rise to the disciplinary case, shall not participate in the examination and resolution of the disciplinary case.
(2) If the person subject to disciplinary action has reasonable ground to believe that it would be impracticable to expect fair resolutions by the chairperson or a member, he or she may file a motion for challenge clearly stating the reason in writing.
(3) Upon receiving the motion for challenge filed under paragraph (2), the Disciplinary Committee shall decide whether to grant the challenge by resolution of the relevant Disciplinary Committee before examining the disciplinary action. In such cases, the chairperson or a member challenged shall not participate in such resolution.
[This Article Wholly Amended on Sep. 21, 2012]
Article 39(Assistants) #
When a person subject to disciplinary action selects assistants under Article 27(2) of the Act, he or she shall submit a list of such assistants to the relevant Disciplinary Committee in advance.
[This Article Wholly Amended on Sep. 21, 2012]
Article 40(Examination of evidence) #
(1) The Disciplinary Committee may, if deemed necessary for the examination, request relevant agencies to submit evidence or request the attendance of witnesses, and the person subject to disciplinary action may submit materials in his or her favor or request the appearance of witnesses on his or her behalf.
(2) The Disciplinary Committee may, if deemed necessary, request the relevant agencies to conduct reinvestigations, examinations, and appraisals of disciplinary cases.
[This Article Wholly Amended on Sep. 21, 2012]
Article 41(Disciplinary actions) #
Disciplinary action shall not be more severe than that resolved on by the Disciplinary Committee.
[This Article Wholly Amended on Sep. 21, 2012]
Article 41-2(Request for examination or reexamination) #
(1) If a person with the authority to request a resolution on disciplinary action intends to request an examination under Article 82(2) of the State Public Officials Act (referring to a reexamination in cases of a resolution by the High Disciplinary Committee), he or she shall submit to the High Disciplinary Committee a written request for examination (re- examination) of a resolution on disciplinary action stating the following matters within 15 days of receiving notification of the resolution under Article 42, along with a copy of the written resolution on disciplinary action and records related to the case:
1. The purport of the request for examination or reexamination;
2. Grounds for the request for examination or reexamination, and the methods of substantiation;
3. The details of his or her misconduct, work performance, achievements, and other relevant circumstances.
(2) The disciplinary procedures under Articles 29 through 41 shall apply mutatis mutandis to a request for examination or reexamination under paragraph (1) unless contrary to the nature thereof.
[This Article Added on Sep. 21, 2012]
Article 42(Notification of disciplinary action) #
The Director shall prepare 2 authentic copies of the explanation of the grounds for disciplinary action using Form 7, and shall deliver 1 copy to the person subject to disciplinary action, along with a copy of the written resolution, and 1 copy shall be kept by the personnel department.
[This Article Wholly Amended on Sep. 21, 2012]
Article 43(Commendation) #
Except as otherwise expressly provided in other statutes or regulations, the Director shall determine the commendation of staff members.
[This Article Wholly Amended on Sep. 21, 2012]
Article 44(Application mutatis mutandis) #
Except as otherwise expressly provided in this Decree, the Decree on the Appointment of Public Officials (for staff members other than professional career officials, Article 13-2 shall be excluded, and for professional career officials, Articles 4, Section 1 of Chapter II, Articles 16, 22, 22-2 through 22-4, Chapter IV, Articles 40, 42-2, 43-2, 43-3, 44, 45, 45-2, 46, 47, 49-3, 58, and 59 shall be excluded) of the State Public Officials Service Regulations shall apply mutatis mutandis to staff members. <Amended on Mar. 18, 2014; Dec. 17, 2024>
[This Article Wholly Amended on Sep. 21, 2012]
Article 44-2(Processing of sensitive information and personally identifiable information) #
(1) If essential to conduct affairs for verifying qualifications and requirements necessary for the appointment of staff members under the Act and this Decree, the appointing authority (including persons delegated with the authority to appoint) under Article 7 of the Act or the appointment-recommendation authority may process health information under Article 23(1) of the Personal Information Protection Act, information constituting criminal history records under subparagraph 2 of Article 18 of the Enforcement Decree of that Act, and data containing resident registration numbers and alien registration numbers under subparagraphs 1 and 4 of Article 19 of that Decree. <Amended on Apr. 23, 2024>
(2) The Director may process data containing resident registration numbers under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if essential to provide support under Article 22-2(1) of the Act.
[This Article Added on Apr. 19, 2022]
Article 45(Enforcement rules) #
Details necessary for the enforcement of this Decree shall be determined by the Director.
[This Article Wholly Amended on Sep. 21, 2012]