ENFORCEMENT DECREE OF THE ACT ON THE PERSONNEL MANAGEMENT OF CIVILIAN MILITARY EMPLOYEE

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ENFORCEMENT DECREE OF THE ACT ON THE PERSONNEL MANAGEMENT OF CIVILIAN MILITARY EMPLOYEE — 법갈피

Article 9(Timely filling of vacancies) #

(1) The commander of each level of military unit shall take necessary measures to fill any vacancy without delay when a vacancy occurs in the relevant military unit.

(2) Vacancies of civilian military employees in general service shall be filled through new employment, promotion, reassignment, transfer, or demotion. <Amended on Dec. 19, 2017>

(3) When requesting the filling of a vacancy, the commander of each level of military unit shall specify in detail necessary matters such as the number of personnel to be filled by occupational group and by rank and the method of filling the vacancy; provided, when filling a vacancy through a career-based competitive examination for appointment under the main sentence, other than the subparagraphs, of Article 7(2) of the Act (hereinafter referred to as the "career-based competitive examination for appointment") or an examination not targeting a large number of persons under the proviso, other than the subparagraphs, of Article 7(2) of the Act (hereinafter referred to as the "examination not targeting a large number of persons"), the commander shall specify in detail the number of personnel to be filled by occupational group and by rank, the necessity of appointment through the career-based competitive examination for appointment or the examination not targeting a large number of persons, the duties of the position to be filled, and the qualifications required. <Amended on Feb. 29, 2016; Feb. 20, 2025>

(4) Where a dismissal, removal from office, or ex officio dismissal under Article 28(1)2 or 5 of the Act is imposed, a successor shall not be newly employed within 60 days from the date of such disposition.

(5) The number of persons to fill a vacancy shall be determined according to the following classifications: <Amended on Dec. 19, 2017>

1. Civilian military employees in general service of Grade III or higher or equivalent thereto: by occupational group, by rank, by each armed force, and by each military unit under the direct command of the Ministry of National Defense;

2. Civilian military employees in general service of Grade IV or lower or equivalent thereto: by series, by rank, and by military unit preparing the promotion candidate list.

[This Article Wholly Amended on Mar. 26, 2010]

Article 10(Requirements for appointment through career-based competitive examination for appointment and other examinations) #

(1) Persons eligible for new employment through an examination for appointment under the main clause and the proviso, with the exception of the subparagraphs, of Article 7(2) of the Act (hereinafter referred to as the "career-based competitive examination for appointment, etc.") shall be as follows: <Amended on Feb. 29, 2016; Sep. 5, 2017; Dec. 19, 2017; Dec. 31, 2019; Mar. 31, 2020; Jul. 7, 2020; Nov. 30, 2021; Oct. 4, 2022; Feb. 20, 2025>

1. A person whose reason for retirement has been verified, where a retired civilian military employee in general service is employed through the career-based competitive examination for appointment, etc. under Article 7(2)1 of the Act;

2. Deleted; <Dec. 19, 2017>

3. A person who holds a certificate or license under the National Technical Qualifications Act or any other statutes or regulations, where a person holding a certificate or license related to the duties is employed through the career-based competitive examination for appointment under Article 7(2)3 of the Act;

4. A person who falls under any of the following items, where a civilian military employee in general service of Grade I is employed through the career-based competitive examination for appointment, etc. under Article 7(2)4 of the Act:

a. A person who holds a doctoral degree in a field related to the duties and has at least six years of work experience;

b. A person who has been discharged from active service as a general-grade officer;

c. A person who has retired as a public official of Grade I or an equivalent position;

5. A person who has at least 2 years of work experience in a field related to the duties for which appointment is intended, where a discharged military person is employed through the career-based competitive examination for appointment, etc. under Article 7(2)5 of the Act;

6. A person who, as of the announcement date of the examination, has not passed 3 years since retirement and has at least 2 years of work experience or research experience corresponding to the relevant grade in a field related to the duties for which appointment is intended, where such person is employed through the career-based competitive examination for appointment, etc. under Article 7(2)6 of the Act;

7. A person who, at the time of the career-based competitive examination for appointment, has been residing, or whose lineal ascendant has been residing, for at least 5 years in the area where the military unit or agency to which the person will be assigned is located, where such person is employed through the career-based competitive examination for appointment under Article 7(2)7 of the Act;

8. A person who has passed at least 3 years since the establishment of family relationship registration, where a North Korean defector under Article 2(1) of the North Korean Defector Protection and Settlement Support Act is employed through the career-based competitive examination for appointment under Article 7(2)8 of the Act;

9. A person who has been verified to have set an example for other military personnel during combat or operation-related training, including a military person in reserve service, where such person is employed through the career-based competitive examination for appointment under Article 7(2)9 of the Act;

10. A bereaved family member (referring to the spouse, child, parent, or grandparent without an adult lineal descendant, of a deceased military person) of a military person who falls under Article 60-23(1)1 or item a of subparagraph 2 of the same paragraph of the Enforcement Decree of the Military Personnel Management Act, where such person is employed through the career-based competitive examination for appointment under Article 7(2)10 of the Act.

(2) The classification of certificates or licenses by the grade of appointment for persons falling under paragraph (1)3, and the career requirements by the grade of appointment for persons falling under subparagraphs 5 and 6 of that paragraph, shall be as specified in Appendix 4. <Amended on Jul. 7, 2020>

(3) The grade of appointment for persons falling under paragraph (1)7 shall be limited to Grade VIII or lower civilian military employees in general service or the equivalent, and the standards for special areas and environments, such as islands and remote areas, shall be prescribed by the Decree of the Ministry of National Defense. <Amended on Dec. 19, 2017>

(4) The criteria for determining whether a person has engaged in the conduct referred to in paragraph (1)9 shall be prescribed by the Decree of the Ministry of National Defense. <Added on Oct. 4, 2022>

(5) The calculation of the required work experience as a qualification for applicants for the career-based competitive examination for appointment, etc. shall be based on the final examination date. In such cases, when calculating the required work experience, all or part of the period of service as a non-regular worker in a field related to the duties for the intended grade of appointment may be counted as work experience as prescribed by the Minister of National Defense. <Added on Feb. 20, 2025>

[This Article Wholly Amended on Mar. 26, 2010]

[Title Amended on Feb. 20, 2025]

Article 10-2(Recommendation-based appointment and probationary service of local talent) #

(1) A person who serves on a probationary basis pursuant to Article 7-2(1) of the Act (hereinafter referred to as the "probationary employee") shall be selected by the methods classified as follows:

1. The appointing authority shall select a person for appointment as a civilian military employee of Grade VII in general service, from among graduates (limited to those whose date of graduation falls within the period prescribed by the Minister of National Defense) or prospective graduates of schools specified by the Minister of National Defense from among schools referred to in the subparagraphs of Article 2 of the Higher Education Act, which offer bachelor's degree programs, and other schools established under other statutes, through the recommendation of the head of the relevant school;

2. The appointing authority shall select a person for appointment as a civilian military employee of Grade IX in general service, from among graduates (limited to those whose date of graduation falls within the period prescribed by the Minister of National Defense) or prospective graduates of schools specified by the Minister of National Defense from among high schools established pursuant to Article 2 of the Elementary and Secondary Education Act, schools referred to in the subparagraphs of Article 2 of the Higher Education Act that offer associate degree programs, and other schools established under other statutes, through the recommendation of the head of the relevant school.

(2) The probationary period for a probationary employee to be appointed as a civilian military employee of Grade VII in general service shall be 1 year from the date the probationary service (including education and training necessary for performing duties; hereinafter the same shall apply) begins, and the probationary period for a probationary employee to be appointed as a civilian military employee of Grade IX in general service shall be 6 months from the date the probationary service begins; provided, the appointing authority may extend the probationary period of a probationary employee by up to 6 months if there is a special reason, such as lack of sincerity in the performance of duties.

(3) The appointing authority may require a person selected as a probationary employee pursuant to paragraph (1) to undergo education and training necessary for performing duties for a certain period in accordance with Article 59(2) and Article 60(2).

(4) The appointing authority shall designate the military unit or agency where the probationary employee will serve on a probationary basis, taking into account the probationary employee's academic performance, major field of study, work experience, aptitude, and the number of vacancies and anticipated vacancies in the relevant military unit or agency.

(5) The appointing authority shall guide and supervise the work performance of the probationary employee, and if the probationary employee shows poor work performance or poor performance in education and training, the appointing authority may terminate the probationary service before the end of the probationary period. In such cases, the appointing authority shall report the matter to the Minister of National Defense without delay.

(6) The appointing authority shall report to the Minister of National Defense, by no later than 1 month before the end of the probationary period, whether to appoint the probationary employee as a civilian military employee in the expected grade, taking into consideration the employee's performance during the probationary period, the results of education and training, and the results of the evaluation of qualifications.

(7) When the appointing authority appoints a probationary employee as a civilian military employee in the expected grade, the employee shall be exempted from the career-based competitive examination for appointment, etc., notwithstanding Article 15(2).

(8) Where the appointment of a probationary employee by the appointing authority results in the actual number of personnel exceeding the fixed number, it shall be deemed that the fixed number separately exists for such personnel until the actual number aligns with the fixed number.

(9) A probationary employee may be paid an amount equivalent to the salary of the first step of the expected grade within the budgetary limits during the probationary period.

(10) Matters necessary for the recommendation, selection, personnel management, payment of remuneration, and appointment procedures of probationary employees, other than those prescribed in paragraphs (1) through (9), shall be determined by the Minister of National Defense.

[This Article Added on Feb. 20, 2025]

Article 18(Determination of successful candidates for examinations) #

(1) Successful candidates for the written examination and the practical examination shall be determined as follows: <Amended on Feb. 29, 2016; Nov. 22, 2016; Dec. 19, 2017; Mar. 31, 2020>

1. In the open competitive employment examination, successful candidates shall be determined from among persons who have obtained at least the relevant reference scores or reference grades in the English proficiency test under Appendix 4-2 and the Korean history proficiency test under Appendix 4-3, and who have scored at least 40 percent in each subject, excluding the English and Korean history subjects, and at least 60 percent of the total score in all subjects, in the order of their total scores, within the range of 150 percent of the number of persons to be selected (where the number of persons to be selected is 3 or fewer, the range shall be the number of persons to be selected plus 2 persons; hereinafter the same shall apply);

2. In the career-based competitive examination for appointment, etc., successful candidates shall be determined from among persons who have scored at least 40 percent in each subject and at least 60 percent of the total score in all subjects, in the order of their total scores, within the range of 150 percent of the number of persons to be selected.

3. In the cases of subparagraphs 1 and 2, where there are candidates with the same score exceeding 150 percent of the number of persons to be selected, all such candidates with the same score shall be deemed successful candidates, and in the employment examination for Grade VI or lower civilian military employees in general service or equivalent thereto in the technical field, successful candidates shall be determined from among persons who have scored at least 40 percent in each subject, in the order of their total scores;

4. In the transfer examination, persons who have scored at least 40 percent in each subject and at least 60 percent of the total score shall be deemed successful candidates;

5. In the general promotion examination for civilian military employees of Grade V in general service, persons who have scored at least 40 percent in each subject of the written examination shall be deemed successful candidates from among those whose combined score, calculated by giving a weight of 50 percent to the written examination score and 50 percent to the score on the promotion candidate list, is at least 60 percent, in the order of higher scores.

(2) Where the number of successful candidates in the interview examination of the open competitive employment examination and the career-based competitive examination for appointment exceeds the number of persons to be appointed, final successful candidates shall be determined in the order of higher combined scores of the written examination and the interview examination; in such cases, if there are candidates with the same total score, the head of the examination institution shall determine the final successful candidates through deliberation by the Personnel Management Committee. <Amended on Feb. 29, 2016; Jul. 7, 2020>

(3) In calculating the scores under paragraphs (1) and (2), scores shall be calculated to the second decimal place.

(4) Detailed matters necessary for the determination of successful candidates in document screening and interview examinations shall be prescribed by the Decree of the Ministry of National Defense.

(5) Notwithstanding subparagraph 1 of paragraph (1), where the number of applicants for the interview examination in the open competitive employment examination for Grade VI or lower is fewer than the number of persons to be selected, additional successful candidates for the written examination may be determined within 1.5 times the number of shortfall (if the number of shortfall is 3 or fewer, the number of additional successful candidates shall be the number of shortfall plus 2) and a separate interview examination may be conducted. In such cases, successful candidates for the written examination shall be determined in order from among those who have scored at least 40 percent of the full marks in each subject of the written examination, starting with the highest total score, and if there are candidates with the same score, all such candidates shall be determined as successful candidates for the written examination. <Added on Feb. 20, 2025>

(6) Where a vacancy arises in the number of persons to be appointed due to the final successful candidate of an open competitive employment examination or a career-based competitive examination for appointment (excluding civilian military employees of Grade I in general service) declining the appointment or resigning after the appointment, the head of the institution conducting the examination may, within 6 months from the date of the announcement of the final successful candidates, determine as an additional successful candidate the person whose total score, combining the written examination score and the interview examination score, is next highest to that of the final successful candidates, from among those who did not fall under the disqualification criteria for the interview examination. <Added on Mar. 2, 2011; Feb. 29, 2016; Mar. 31, 2020; Nov. 30, 2021; Feb. 20, 2025>

[This Article Wholly Amended on Mar. 26, 2010]

Article 26(Partial exemption from examinations) #

(1) Where persons are employed through the career-based competitive examination for appointment pursuant to Article 7(2)1, 3, 5, 6, 9, and 10 of the Act, a written examination may be exempted. <Amended on Feb. 29, 2016; Mar. 31, 2020; Nov. 30, 2021; Feb. 20, 2025>

(2) Where a person is employed through the career-based competitive examination for appointment under Article 7(2)7 of the Act, some of the written examination subjects may be exempted as prescribed by the Decree of the Ministry of National Defense. <Amended on Feb. 29, 2016; Dec. 19, 2017; Mar. 31, 2020; Feb. 20, 2025>

(3) In the case of a transfer examination under Article 12(1), some of the written examination subjects may be exempted as prescribed by the Decree of the Ministry of National Defense; provided, the transfer examination may be exempted in any of the following cases: <Amended on Dec. 19, 2017; Dec. 31, 2019>

1. Where a person is transferred to the series in which he or she previously served, or where a person who holds a certificate or license is transferred to the equivalent grade in the series related to such certificate or license;

2. Where a civilian military employee of Grade II in general service is transferred;

3. Deleted; <Dec. 31, 2019>

4. Where the name of the grade is changed without any change in the duties within the same occupational group in the case of transfer under Article 12(1)2;

5. Where the Minister of National Defense deems it necessary to exempt the transfer examination in order to reassign personnel in excess of the fixed number arising from the restructuring of military units or agencies and the adjustment of fixed personnel numbers (including reassignment within the same military unit or agency).

(4) Where only persons with severe disabilities are allowed to take the career-based competitive examination for appointment, etc. under Article 13-2(1), the written examination may be exempted. <Added on Mar. 31, 2020; Feb. 20, 2025>

[This Article Wholly Amended on Mar. 26, 2010]

Article 36(Reassignment) #

(1) The person with authority over assignments shall, unless there is a compelling reason not to do so, regularly reassign civilian military employees in general service to prevent stagnation caused by prolonged service in the same position, promote proactive performance of duties, and enhance efficiency so that they may perform their duties creatively. <Amended on Dec. 19, 2017>

(2) The person with authority over assignments shall not reassign a civilian military employee in general service to another position within 1 year from the date of appointment to the current position, except in any of the following cases: <Amended on Dec. 19, 2017>

1. Where the organization or the fixed number of personnel is changed;

2. Where a civilian military employee in general service is promoted or demoted;

3. Where the appointing authority intends to assign a civilian military employee in general service to a position, and such employee has received special training for at least 2 months or has work or research experience for at least 6 months related to the position to be reassigned;

4. Where the appointing authority intends to reassign a civilian military employee in general service to a military unit or agency under a different appointing authority.

(3) The appointing authority shall not reassign a civilian military employee in general service appointed through the career-based competitive examination for appointment, etc. to another position within 2 years from the date of assignment to the initial position; provided, this shall not apply where any of the subparagraphs of paragraph (2) applies. <Amended on Feb. 29, 2016; Dec. 19, 2017; Feb. 20, 2025>

(4) Where the appointing authority deems it necessary to reassign a civilian military employee in general service to a military unit or agency under a different appointing authority, the appointing authority may request such reassignment through the chain of command. <Amended on Dec. 19, 2017>

(5) Notwithstanding paragraph (4), a civilian military employee in general service who is subject to the general promotion examination shall not be requested or reassigned to a military unit with a different promotion candidate list preparation unit. <Amended on Dec. 19, 2017>

[This Article Wholly Amended on Mar. 26, 2010]

Article 38-2(Acting duties in cases of leave of absence) #

(1) Where a civilian military employee in general service falls under any of the following cases, the appointing authority or the recommending authority for appointment may instruct another civilian military employee in general service under his or her jurisdiction (including a military person responsible for related duties in consideration of the nature of the duties; hereafter the same shall apply in this Article) to act for the relevant civilian military employee in general service; provided, this shall not apply where the vacancy has been filled pursuant to Article 14(1)1 of the Act due to the leave of absence of the relevant civilian military employee in general service or where a fixed-term civilian military employee has been employed pursuant to Article 133(4):

1. Where the civilian military employee in general service takes a leave of absence pursuant to Article 71(1) or (2) of the State Public Officials Act;

2. Where the civilian military employee in general service takes a special leave under the main clause of Article 12(1)1 of the Enforcement Decree of the Framework Act on Military Status and Service, which is applied mutatis mutandis pursuant to Article 54(2), or under Article 54(3) of this Decree (hereinafter referred to as "medical leave");

3. Where the civilian military employee in general service takes maternity leave under Article 12(2) of the Enforcement Decree of the Framework Act on Military Status and Service as applied mutatis mutandis pursuant to Article 54(2) (hereinafter referred to as "maternity leave"), or miscarriage or stillbirth leave (hereinafter referred to as "miscarriage or stillbirth leave") under paragraph (3) of the same Article.

(2) The appointing authority or the recommending authority for appointment may direct a civilian military employee in general service under his or her jurisdiction to act on behalf of another civilian military employee in general service who is on a business trip or dispatch in response to a disaster under Article 3(1) of the Framework Act on the Management of Disasters and Safety or a calamity under Article 2(1) of the Countermeasures against Typhoons and Floods Act.

(3) The appointing authority or the authority recommending appointment may, pursuant to the Regulations on Allowances for Public Officials, pay allowances to a civilian military employee in general service who performs duties on behalf of another person pursuant to paragraph (1) or (2), within the budgetary limits. <Amended on Jul. 1, 2025>

[This Article Wholly Amended on Jul. 30, 2024]

Article 39(Minimum number of years required for promotion) #

(1) A civilian military employee in general service shall serve in the relevant grade for the period specified in each of the following subparagraphs to be eligible for promotion: <Amended on Jun. 21, 2013; Dec. 19, 2017; Dec. 31, 2019; Oct. 29, 2024>

1. Civilian military employees in general service of Grade V or higher: At least 3 years;

2. Civilian military employees in general service of Grade VI or higher: At least 2 years;

3. Civilian military employees in general service of Grades 7, 8, and 9: At least 1 year.

(2) The period referred to in paragraph (1) shall not include any period of leave of absence, removal from position, period of disciplinary action, or period of restriction on promotion under Article 40; provided, the periods of leave of absence and removal from position referred to in the following subparagraphs shall be included in the period referred to in paragraph (1): <Amended on Jun. 27, 2014; Dec. 19, 2017; Sep. 18, 2018; Dec. 31, 2019; Jul. 1, 2025>

1. The following periods during a leave of absence under Article 71 of the State Public Officials Act:

a. The period of leave of absence due to an occupational disease or injury under the Public Officials’ Accident Compensation Act during a leave of absence under Article 71(1)1 of the State Public Officials Act, or the period of leave of absence under subparagraphs 3 and 5 of the same paragraph or under paragraph (2)1 of the same Article;

b. The period equivalent to 50 percent of the leave of absence period under Article 71(2)2 of the State Public Officials Act.;

c. The period of leave under Article 71(2)4 of the State Public Officials Act (hereinafter referred to as "childcare leave");

2. In the case of a person who has been subject to a disposition of removal from position pursuant to Article 29(1)2 of the Act, the period of removal from position shall be counted when the disciplinary action that served as the grounds for such disposition is finally determined to be null and void or revoked by a decision of the Committee for Examination of Appeals of Civilian Military Employees under Article 43 of the Act or by a court ruling; and in the case of a person who has been subject to a disposition of removal from position pursuant to subparagraph 3 of the same paragraph, the period of removal from position shall be counted when the criminal case that served as the grounds for such disposition is finally determined to be not guilty by a court ruling.

(3) Deleted. <Dec. 19, 2017>

(4) Where a civilian military employee in general service who had been demoted or appointed to a lower grade is promoted to his or her original grade, the period served prior to such demotion or appointment to a lower grade shall be counted as the period referred to in paragraph (1). <Amended on Dec. 19, 2017>

(5) Where a civilian military employee in general service who had retired is appointed to a grade lower than or equal to the grade held at the time of retirement, the period served prior to retirement at a grade higher than or equal to the grade at the time of reappointment shall be counted as the period of service for the grade at the time of reappointment. In such cases, the period of service prior to retirement that is counted shall be limited to the period within 10 years, calculated from the date of promotion to a grade higher than or equal to the grade at the time of reappointment for civilian military employees of Grade III or higher in general service, and from the reference date for the preparation of the promotion candidate list for promotion to a grade higher than or equal to the grade at the time of reappointment for civilian military employees of Grade IV or lower in general service. <Amended on Dec. 19, 2017>

(6) Notwithstanding paragraph (1) and Article 41, a person who has passed an open competitive employment examination for a higher grade may be appointed by promotion when appointed to a lower grade.

(7) Where a general service public official who has been dismissed for a reason under Article 70(1)3 of the State Public Officials Act is appointed as a civilian military employee in general service, the period of service as a general service public official at a grade equivalent to or higher than the appointed grade shall be included in the period referred to in paragraph (1). In such cases, the period of service at a grade corresponding to a grade higher than the appointed grade shall be included only in the period of service for the appointed grade. <Amended on Dec. 19, 2017>

(8) Where a civilian military employee in general service who has been demoted or reassigned to a lower grade has served in a grade equivalent to or higher than the demoted or reassigned grade, such period of service shall be included in the period of service for the demoted or reassigned grade. <Amended on Dec. 19, 2017>

(9) Where a general service public official (including fixed-term public officials and special service officials), a special service public official (excluding civilian military employees in general service other than civilian military employees in general service for a fixed term position and professional civilian military employees with specialized experience), or a political service public official is appointed as a civilian military employee in general service after retirement, the period of service in a grade equivalent to or higher than the relevant grade may be included in the period under paragraph (1) as prescribed by the Minister of National Defense. <Added on Nov. 30, 2021>

[This Article Wholly Amended on Mar. 26, 2010]

Article 40(Restrictions on appointment by promotion) #

(1) A civilian military employee in general service shall not be appointed by promotion in any of the following cases: <Amended on Dec. 19, 2017; Sep. 18, 2018; Dec. 11, 2018; Nov. 5, 2019>

1. Where the employee is under request for disciplinary action, request for disciplinary resolution, disciplinary action, removal from position, leave of absence, or the probationary appointment period; provided, this shall not apply where a person who has taken a leave of absence under Article 71(1)1 of the State Public Officials Act due to an occupational disease or injury under the Public Officials' Accident Compensation Act is specially appointed by promotion pursuant to Article 46(1)3 or 4;

2. Where the following periods have not elapsed since the date of completion of the execution of a disciplinary action [in cases of disciplinary action taken for any of the reasons specified in the subparagraphs of Article 78-2(1) of the State Public Officials Act, or for passive administration, drunk driving (including refusal to undergo a sobriety test), sexual violence, sexual harassment, or prostitution, the relevant period shall be extended by 6 months, respectively]:

a. Demotion or suspension from duty: 18 months;

b. Reduction in salary: 12 months;

c. Reprimand: 6 months.

(2) Where a civilian military employee in general service, who is subject to restrictions on promotion under paragraph (1), receives another disciplinary action, the period of restriction on promotion shall be calculated from the day following the expiration of the period of restriction for the previous disposition, and where a person who is under a restriction on promotion due to a disciplinary action takes a leave of absence, the remaining period of restriction resulting from the disciplinary action shall be calculated from the date of reinstatement. <Amended on Dec. 19, 2017>

(3) Where a civilian military employee in general service receives an order, a decoration, a commendation from the Prime Minister or higher, or at least a bronze award under the Public Officials Suggestion Regulations after receiving a disciplinary action while in the relevant grade, the period of restriction on promotion under subparagraph 2 of paragraph (1) may be reduced by half only for the most recent and the heaviest disciplinary action received. <Amended on Jan. 6, 2017; Dec. 19, 2017>

(4) Deleted. <Jun. 21, 2013>

(5) Deleted. <Jun. 21, 2013>

[This Article Wholly Amended on Mar. 26, 2010]

Article 42-2(Conduct and utilization of competency evaluation) #

(1) The Minister of National Defense shall establish the abilities and qualities (hereinafter referred to as "competencies") necessary for successful performance of duties by civilian military employees in general service of Grade III, and shall evaluate the competencies of civilian military employees in general service of Grade IV who seek appointment to Grade III based on such competencies.

(2) A person to be appointed by promotion from among Grade IV civilian military employees in general service to civilian military employees of Grade III in general service shall be appointed by promotion from among those who have passed the evaluation under paragraph (1) (hereinafter referred to as "competency evaluation").

(3) The competency evaluation shall be conducted on a five-point scale for each competency item, and shall be graded as "Excellent," "Good," "Average," "Poor," or "Unsatisfactory" according to the score range, and the passing criteria for the competency evaluation shall be as follows:

1. Where the average score of the person subject to evaluation is "Average" or higher (referring to an average score of at least 2.5 points);

2. Where the average score of the person subject to evaluation is at least 2.3 points, and the person has received a score of at least 3 points in not less than 1/3 of the competency items subject to evaluation.

(4) A person who has failed to pass the competency assessment may undergo a reassessment after supplementing the lacking competencies; in such cases, if the person fails to pass the assessment 2 times in a row, the person may undergo a reassessment only after the lapse of the period prescribed by the Minister of National Defense within the range of 1 year.

(5) The Minister of National Defense may, if necessary, entrust the implementation of the competency assessment to the Minister of Personnel Management.

(6) Matters necessary for the implementation and methods of the competency assessment, other than those prescribed in paragraphs (1) through (5), shall be determined by the Minister of National Defense.

[This Article Added on Oct. 31, 2023]

Article 43-2(Promotion by length of service) #

(1) Where the fixed number of civilian military employees in general service is operated in an integrated manner pursuant to Article 8 of the Regulations on National Defense Organization and Fixed Number of Personnel, a civilian military employee in general service to be promoted by length of service shall have served in the relevant grade for the period (hereinafter referred to as "period for promotion by length of service") classified as follows: <Amended on Dec. 19, 2017; Nov. 5, 2019>

1. A civilian military employee of Grade VII in general service: At least 11 years;

2. A civilian military employee of Grade VIII in general service: At least 7 years;

3. A civilian military employee of Grade IX in general service: At least 5 years and 6 months.

(2) Notwithstanding paragraph (1), a civilian military employee in general service who has demonstrated excellent performance in promoting key national agenda or other major tasks, or has shown exemplary attitude in proactive administration, may have the period of service for promotion by length of service shortened by 1 year. <Added on Nov. 5, 2019>

(3) The calculation of the period of service in the relevant grade under paragraph (1) shall be governed by Article 39(2) through (9). <Amended on Nov. 5, 2019; Nov. 30, 2021>

(4) A candidate for appointment by length of service to a civilian military employee in general service of Grade VI under paragraph (1) shall be a civilian military employee in general service of Grade VII who is listed on the promotion candidate list and meets the requirements for appointment by length of service. <Amended on Dec. 19, 2017; Nov. 5, 2019>

(5) Where the appointing authority intends to appoint a person by length of service to a civilian military employee in general service of Grade VI under paragraph (1), the number of persons to be appointed by length of service each year shall not exceed 50/100 of the total number of candidates for appointment by length of service, with any fraction of a person rounded up to the next whole number. <Amended on Dec. 19, 2017; Nov. 5, 2019; Oct. 29, 2024>

(6) Deleted. <Oct. 29, 2024>

[This Article Added on Jun. 21, 2013]

Article 46(Appointment of by special promotion) #

(1) Persons eligible for appointment by special promotion pursuant to Article 15(2) of the Act shall be as follows: <Amended on Jan. 6, 2017; Dec. 19, 2017>

1. A civilian military employee in general service of Grade IV or lower whose job performance is recognized as outstanding and who is deemed to have made significant contributions to the development of the military;

2. A civilian military employee in general service of Grade V or lower who has received the Bronze Prize or higher in the suggestion grade pursuant to the Public Officials Suggestion Regulations;

3. A civilian military employee in general service of Grade II or lower who retires honorably pursuant to Article 74-2 of the State Public Officials Act and is recognized to have made distinguished contributions during his or her service;

4. A civilian military employee in general service who has died in the line of duty and is recognized to have made particularly outstanding contributions during his or her service.

(2) When making an appointment by special promotion pursuant to paragraph (1), the relevant civilian military employee in general service shall not be subject to the restrictions on promotion under Article 40 and shall meet the requirements classified as follows: <Amended on Jun. 25, 2019; Jul. 30, 2024>

1. In the case of subparagraphs 1 and 2 of paragraph (1): the civilian military employee in general service shall have completed the minimum required period for promotion under Article 39; provided, in the case of subparagraph 1 of paragraph (1), the minimum required period for promotion may be reduced by 1 year;

2. In the case of subparagraph 3 of paragraph (1): the person shall not have been subject to any heavy disciplinary action during his or her period of service, nor have received any minor disciplinary action on any of the following grounds:

a. Grounds for disciplinary action under Article 78-2(1) of the State Public Officials Act;

b. Sex offenses under Article 2 of the Act on the Protection of Children and Youth against Sex Offenses;

c. The offense of rape and indecent act under Chapter XVIII of Part I of the Military Criminal Act;

d. Prostitution under Article 2(1)1 of the Act on the Punishment of Arrangement of Commercial Sex Acts;

e. Sexual harassment under subparagraph 2 of Article 3 of the Framework Act on Gender Equality;

f. Drunk driving under Article 44(1) of the Road Traffic Act or refusal to comply with a breathalyzer test under Article 44(2) of that Act;

g. The offense of violating the Military Secret Protection Act;

h. Divulging military secrets under Article 80 of the Military Criminal Act.

(3) Appointment by special promotion under paragraph (1)1 or 3 shall be approved by the Minister of National Defense.

(4) Where a person is appointed by special promotion pursuant to paragraph (1)3, the appointment by special promotion shall be subject to deliberation on whether the person has made distinguished contributions. In such cases, matters concerning the methods and procedures for such deliberation shall be determined by the Minister of National Defense. <Amended on Jun. 25, 2019>

(5) The appointment by special promotion pursuant to paragraph (1)1 or 2 may be made regardless of the ranking on the promotion candidate list, and a civilian military employee in general service of Grade VI may be allowed to take the general promotion examination in priority.

(6) The appointment by special promotion pursuant to paragraph (1)3 or 4 may be made notwithstanding Articles 23, 39, and 41.

(7) Where a person who has been appointed by special promotion pursuant to paragraph (1)3 falls under subparagraphs 1, 1-2, or 1-3 of Article 74-2(3) of the State Public Officials Act and has his or her honorary retirement allowance recovered, the appointment by special promotion shall be canceled. In such cases, the person whose appointment by special promotion is canceled shall be deemed to have retired in the rank held prior to the appointment by special promotion. <Added on Jun. 25, 2019>

[This Article Wholly Amended on Mar. 26, 2010]

Article 49(Mandatory service of persons who complete entrusted education and training) #

(1) A civilian military employee in general service who has studied abroad or received entrusted education and training for at least 6 months pursuant to Article 18 of the Act (including a civilian military employee in general service who returned during the course of such study abroad or entrusted education and training and received education and training for at least 6 months; hereinafter the same shall apply) shall serve for a period within 6 years as specified in the following subparagraphs (hereinafter referred to as "mandatory service period"); provided, where it is necessary to exempt the service obligation due to special circumstances, such obligation may be exempted following deliberation by the Personnel Management Committee under the Ministry of National Defense: <Amended on Dec. 19, 2017>

1. A person who has completed study abroad shall serve for a period twice the duration of the education and training received;

2. A person who has completed entrusted education and training conducted in Korea shall serve for a period equivalent to the duration of the education and training received;

3. A person who has completed entrusted education and training conducted in Korea outside working hours shall serve for a period equivalent to one-half of the duration of the education and training received.

(2) Where a civilian military employee in general service who has studied abroad or received entrusted education and training for at least 6 months falls under any of the following cases during the mandatory service period, the head of the affiliated military unit shall report such fact to the Minister of National Defense without delay: <Amended on Dec. 19, 2017>

1. Where the person is first assigned to a position or his or her assignment is changed;

2. Where the person is to be dismissed or granted a leave of absence.

(3) Where a civilian military employee in general service who has studied abroad or received entrusted education and training does not serve in a job position related to the field of education and training, the Minister of National Defense may order the person with authority over assignments to correct such situation. <Amended on Dec. 19, 2017>

(4) The mandatory service period under paragraph (1) shall not include any period of leave of absence under Article 71(1)1 and 3 or paragraph (2) of the State Public Officials Act or any period of removal from position under Article 29 of the Act; provided, the period of leave of absence due to an occupational disease or injury under the Public Officials' Accident Compensation Act shall be included. <Amended on Nov. 22, 2016; Sep. 18, 2018>

(5) Matters concerning the reimbursement of expenses incurred for education and training by a person who fails to fulfill the mandatory service period under paragraph (1) shall be governed by Article 36 of the Enforcement Decree of the Act on the Education and Training of Public Officials. <Amended on Feb. 3, 2016>

[This Article Wholly Amended on Mar. 26, 2010]

Article 67(Exceptions to performance evaluations) #

(1) No performance evaluation shall be conducted where a civilian military employee in general service has actually worked for less than 1 month during the evaluation period due to a leave of absence, removal from position, or other reasons. <Amended on Nov. 22, 2016; Dec. 19, 2017>

(2) Where a civilian military employee in general service is newly appointed or promoted, a performance evaluation shall be conducted on the first regular evaluation date after 2 months have passed; provided, where a demoted civilian military employee in general service is appointed by promotion, an immediate evaluation shall be conducted based on the evaluation from the grade held before demotion, and where a civilian military employee in general service has been demoted, a performance evaluation shall be conducted on the first regular evaluation date after 1 month has passed, excluding the 3 months during which the employee did not perform duties. <Amended on Nov. 22, 2016; Dec. 19, 2017>

(3) Where a performance evaluation cannot be conducted due to parental leave, dispatch, or education and training during the evaluation period, the average of the most recent 2 performance evaluations shall be deemed the performance evaluation for the civilian military employee in general service, until the first regular evaluation is conducted after returning to duty. <Amended on Nov. 22, 2016; Dec. 19, 2017>

(4) Where a civilian military employee in general service is reassigned to another military unit with a different promotion candidate list preparation unit under Article 45, the performance evaluation of the employee shall be transferred to the new unit without delay; provided, where a regular evaluation is scheduled within 1 month after the reassignment, the previous unit shall conduct a performance evaluation for the period prior to the reassignment and forward the results, and the new unit shall take the forwarded evaluation results into account when conducting its evaluation. <Amended on Dec. 19, 2017>

(5) Where a civilian military employee in general service has changed position, the performance evaluation conducted for the previous position shall be deemed the evaluation for the current position. <Amended on Dec. 19, 2017>

[This Article Wholly Amended on Feb. 29, 2016]

Article 109(Composition of the disciplinary committee) #

(1) The disciplinary committee shall be comprised of not less than 5 and not more than 7 members, including 1 chairperson.

(2) The chairperson of the disciplinary committee shall be a person in a higher position among its members, and the members shall be appointed by the head of a military unit or agency (hereinafter referred to as "disciplinary authority") in which the relevant disciplinary committee is established, from among officers, civilian military employees in general service, or public officials in general service in a higher position than those subject to deliberation on disciplinary actions, etc. <Amended on Apr. 14, 2015; Nov. 30, 2015; Dec. 19, 2017>

(3) The disciplinary committee shall include at least 1 military judicial officer or person with sufficient legal knowledge, and at least 2 civilian military employees in general service or general service public officials; where it is not possible to constitute the committee with public officials belonging to the disciplinary authority, public officials from other military units or institutions of the State or local governments may be appointed. <Amended on Dec. 19, 2017>

(4) Where the disciplinary committee is constituted to deliberate on a case of sexual violence as defined in Article 2 of the Act on Special Cases concerning the Punishment of Sexual Crimes, or sexual harassment as defined in subparagraph 2 of Article 3 of the Framework Act on Gender Equality, at least 1/3 of the members shall be of the same gender as the victim; provided, where it is impracticable to constitute such a committee, the disciplinary authority shall obtain prior approval in accordance with the following classifications: <Added on Jul. 28, 2020>

1. In the following cases: The Minister of National Defense:

a. The Ministry of National Defense and the Joint Chiefs of Staff;

b. The Army, Navy, and Air Force Headquarters, and the Headquarters of the Marine Corps;

c. Military units or institutions established under Article 2(3) of the Act on the Organization of the Republic of Korea Armed Forces;

2. In the case of military units or institutions affiliated with the Army, Navy, or Air Force: The Chiefs of Staff of the Army, Navy, or Air Force;

3. In the case of military units or institutions affiliated with the Marine Corps: The Commandant of the Marine Corps.

(5) The chairperson shall represent the disciplinary committee, oversee its affairs, convene its meetings, and serve as the presiding officer. <Amended on Jul. 28, 2020>

(6) Where the chairperson is unable to perform his or her duties due to any unavoidable cause, a member designated in advance by the chairperson shall act on behalf of the chairperson. <Amended on Jul. 28, 2020>

(7) The disciplinary committee shall have a secretary to handle its administrative affairs, and the secretary shall be appointed by the disciplinary authority from among the public officials under his or her authority. <Amended on Jul. 28, 2020>

[This Article Wholly Amended on Mar. 26, 2010]

Article 111(Request for deliberation on disciplinary action) #

(1) Where the head of a unit or institution or the head of another administrative agency who does not have the authority to request a deliberation on disciplinary action, etc. recognizes that a civilian military employee has committed an act falling under Articles 37 and 37-2 of the Act, such person shall notify the head of the unit or institution with jurisdiction over or supervisory authority over the civilian military employee, who has the authority to request a deliberation on disciplinary action, etc., by attaching related materials falling under one of the following subparagraphs as evidence of the grounds for disciplinary action, etc.: <Amended on Oct. 17, 2023>

1. In the case of an investigation conducted by the Board of Audit and Inspection of Korea: records of investigation such as a disciplinary action, etc. request form, written responses and confirmations from the suspect or related persons;

2. In the case of an investigation by an investigative agency: records of investigation such as a notification of disposition of a criminal case, indictment, interrogation records, and written statements of the suspect, related persons, or witnesses;

3. In the case of a unit, institution, or administrative agency other than those referred to in subparagraphs 1 and 2: a notification of suspected facts for disciplinary action, etc. and related materials proving such suspected facts.

(2) In any of the following cases, the disciplinary authority shall investigate whether the reported or discovered misconduct constitutes grounds for disciplinary action, etc.: <Amended on Dec. 29, 2017; Oct. 17, 2023>

1. Where a notification is made under paragraph (1);

2. Where the disciplinary authority discovers any misconduct committed by a civilian military employee under its jurisdiction or supervision.

(3) After conducting an investigation under paragraph (2), if the disciplinary authority deems the misconduct to constitute grounds for disciplinary action, etc., or if a request for disciplinary action is made by the Board of Audit and Inspection of Korea under Article 32 of the Board of Audit and Inspection Act, the disciplinary authority shall request the disciplinary committee to deliberate on disciplinary action, etc. <Amended on Nov. 30, 2015; Oct. 17, 2023>

(4) If the affiliation of the person subject to deliberation on disciplinary action, etc. changes before the disciplinary committee renders a resolution on disciplinary action, etc. or a resolution on the reduction of a disciplinary surcharge under Article 112(5) or (6), the head of the former unit or institution to which the person belonged or which had supervisory authority shall transfer the alleged facts and related materials to the head of the new unit or institution to which the person currently belongs or which has supervisory authority. <Amended on Nov. 30, 2015; Jun. 22, 2021; Oct. 17, 2023>

[This Article Wholly Amended on Apr. 14, 2015]

Article 112(Disciplinary surcharges) #

(1) "Property benefits prescribed by Presidential Decree" in Article 37-2(1)1 of the Act means the following: <Added on Jun. 22, 2021>

1. Any property benefits including securities, accommodation vouchers, membership rights, admission tickets, discount coupons, invitation tickets, viewing tickets, and rights to use real estate;

2. Provision of entertainment such as golf or conveniences such as transportation or lodging;

3. Waiver of debts, employment offers, grants of interests, and other tangible or intangible economic benefits.

(2) Upon being requested to adopt a resolution to impose a disciplinary surcharge under Article 37-2(1) of the Act, the disciplinary committee may resolve to impose such surcharge within 5 times the amount of money or property benefits acquired or provided by the acts under each subparagraph of the same paragraph (hereinafter referred to as "amount related to pecuniary misconduct," which in the case of non-monetary benefits refers to their monetary equivalent). <Amended on Jun. 22, 2021>

(3) If, before the disciplinary committee adopts a resolution to impose a disciplinary surcharge, the person subject to deliberation on disciplinary action, etc. is criminally punished under other laws or fulfills liability for compensation, etc. for the acts under the subparagraphs of Article 37-2(1) of the Act (including cases of confiscation or forfeiture), or pays an amount recovered or additionally collected under procedures provided in other statutes or regulations, then when adjusting and resolving the disciplinary surcharge under Article 37-2(2) of the Act, the total of fines, compensation amounts, confiscated or forfeited amounts, recovered amounts, or additionally collected amounts, together with the disciplinary surcharge, shall not exceed 5 times the amount related to pecuniary misconduct. <Amended on Jun. 22, 2021>

(4) Where any of the following grounds arises, the disciplinary authority shall, within 30 days, request the disciplinary committee to adopt a resolution to reduce the disciplinary surcharge, and shall simultaneously send a copy of the request to the person subject to deliberation on disciplinary action, etc.; provided, this shall not apply where the person refuses to receive the copy: <Amended on Nov. 30, 2015; Jun. 22, 2021>

1. Where the person against whom a disciplinary surcharge was resolved applies for a reduction within 60 days from the date on which the court's decision (including a judgment of confiscation or forfeiture) is finalized, liability for compensation is fulfilled, or recovered or additionally collected amounts are paid;

2. Where the disciplinary authority becomes aware that a court's decision has been finalized, or liability for compensation has been fulfilled, or recovered or additionally collected amounts have been paid, with respect to the person against whom a disciplinary surcharge was resolved.

(5) In the case of a request under paragraph (4), the disciplinary committee shall resolve to reduce the disciplinary surcharge within the limit where the total of fines, compensation amounts, confiscated or forfeited amounts, recovered or additionally collected amounts, and the disciplinary surcharge does not exceed 5 times the amount related to pecuniary misconduct, in accordance with Article 37-2(3) of the Act. In such cases, Article 40(3) of the Act shall apply mutatis mutandis to the deadline for such resolution. <Amended on Nov. 30, 2015; Jun. 22, 2021>

(6) Where the person subject to deliberation on disciplinary action, etc. or the person against whom a disciplinary surcharge was resolved is sentenced to a punishment other than a fine (including cases where a fine is imposed concurrently), and it is difficult to apply paragraph (3) or (5), the disciplinary committee shall comprehensively consider the type and amount of the sentence, and whether it is an actual sentence, suspended sentence, or sentence suspended by stay of execution, and shall adjust or reduce the disciplinary surcharge accordingly. <Amended on Jun. 22, 2021>

[This Article Wholly Amended on Apr. 14, 2015]

Article 115-2(Mitigation of disciplinary action) #

(1) The disciplinary authority may mitigate the disciplinary action in accordance with the mitigation standards prescribed in Appendix 5 where the person subject to disciplinary deliberation falls under any of the following subparagraphs; provided, where the civilian military employee has previously received a disciplinary action or a warning under this Decree, any merit earned before such disciplinary or warning disposition shall be excluded from merits eligible for mitigation: <Amended on Nov. 22, 2016; Dec. 19, 2017>

1. Where the person subject to disciplinary deliberation has any of the following merits:

a. A merit for which a decoration or medal has been awarded pursuant to the Awards and Decorations Act;

b. A merit for which a commendation from the Prime Minister or higher has been awarded pursuant to the Regulations on Government Commendations (limited to merit awards and creative proposal awards);

c. In the case of a civilian military employee of Grade VI or lower at the time of the misconduct, a merit for which a commendation from the Chief of Staff or the head of a central administrative agency (including agency heads of vice ministerial level) has been awarded (limited to merit awards and creative proposal awards);

2. Where the misconduct of the person subject to disciplinary deliberation occurred due to negligence during a diligent and proactive performance of duties.

(2) Notwithstanding paragraph (1), the disciplinary authority shall not mitigate the disciplinary action where the reason for disciplinary action falls under any of the following subparagraphs: <Amended on Oct. 14, 2021>

1. Any misconduct falling under any subparagraph of Article 37-2(1) of the Act;

2. Failure to report or file a complaint regarding any misconduct falling under any subparagraph of Article 37-2(1) of the Act;

3. The offense of violating the Military Secret Protection Act;

4. Disclosure of military secrets under Article 80 of the Military Criminal Act;

5. Crimes of rape and indecent acts under Chapter XV of Part II of the Military Criminal Act;

6. Sexual crimes under Article 2 of the Act on Special Cases concerning the Punishment of Sexual Crimes;

7. Prostitution under Article 2(1)1 of the Act on the Punishment of Arrangement of Commercial Sex Acts;

8. Sexual harassment under subparagraph 2 of Article 3 of the Framework Act on Gender Equality;

9. Drunk driving under Article 44(1) of the Road Traffic Act or refusal to comply with a breathalyzer test under Article 44(2) of the same Act;

10. Violation of obligations related to property registration or disposal and trust of stocks under Article 3 or Article 14-4 of the Public Service Ethics Act;

11. Passive administration as defined in subparagraph 2 of Article 2 of the Regulations on the Management of Proactive Administration (hereafter referred to as "passive administration" in this Article);

12. Acts of omission or neglect of duty (excluding passive administration);

13. Any unfair conduct under Article 13-3 of the Code of Conduct for Public Officials;

14. Concealing sexual misconduct or any unfair conduct under Article 13-3 of the Code of Conduct for Public Officials, or failure to take necessary measures regarding such misconduct;

15. Engaging in improper solicitation, coercion, or other unfair conduct related to the recruitment of public officials (including military personnel and civilian military employees), or engaging in misconduct related to recruitment duties;

16. Improper solicitation falling under any subparagraph of Article 5 of the Improper Solicitation and Graft Act;

17. Performing duties under improper solicitation in violation of Article 6 of the Improper Solicitation and Graft Act;

18. Engaging in improper conduct using confidential or undisclosed information obtained in the course of duty (referring to information that could significantly affect judgments on the acquisition of property or economic gain and has not yet been disclosed to the general public).

[This Article Added on Apr. 14, 2015]

Article 133(Classification of civilian military employees in general service for a fixed term position) #

(1) A civilian military employee in general service for a fixed term position shall be classified into general civilian military employees in general service for a fixed term position (hereinafter referred to as "general fixed-term employees"), professional civilian military employees in general service for a fixed term position (hereinafter referred to as "professional fixed-term employees"), and temporary civilian military employees in general service for a fixed term position (hereinafter referred to as "temporary fixed-term employees"). <Amended on Dec. 19, 2017>

(2) A general fixed-term employee means a civilian military employee in general service appointed to a position determined by the Minister of National Defense within the authorized strength of civilian military employees in general service among the following fields: <Amended on Feb. 29, 2016; Dec. 19, 2017; Dec. 31, 2019; Feb. 20, 2025>

1. Fields requiring specialized knowledge, technology, or qualifications, such as computing, information technology, and foreign languages;

2. Fields that can be filled only through a career-based competitive examination for appointment, etc.;

3. Fields corresponding to the duties of professional civilian military employees, such as instructors at various educational institutions.

(3) A professional fixed-term employee means a civilian military employee in general service appointed to perform duties in any of the following fields; in such cases, professional fixed-term employees shall be classified into Grade A, Grade B, Grade C, Grade D, and Grade E, according to the characteristics, difficulty, and required proficiency of the duties: <Amended on Dec. 19, 2017; Dec. 31, 2019>

1. Fields requiring professional qualifications such as attorneys, certified public accountants, or medical doctors, etc.;

2. Fields requiring effective response for the implementation of specific projects.

(4) A temporary fixed-term employee means a civilian military employee in general service for a fixed term position appointed for a period of up to 2 years to act on behalf of a civilian military employee in general service performing any of the duties specified in the following subparagraphs and working fewer hours than regular working hours pursuant to Article 26-2 of the State Public Officials Act (referring to the hours set by the appointing authority within the range of 15 to 35 hours per week); in such cases, temporary fixed-term employees shall be classified from Grade V to Grade IX based on the characteristics, difficulty, and required proficiency of the duties: <Added on Dec. 19, 2017; Nov. 30, 2021>

1. A civilian military employee in general service on a leave of absence under Article 71(1) or (2) of the State Public Officials Act;

2. A civilian military employee in general service on leave of 30 days or more under Article 54(1).

(5) Notwithstanding paragraphs (2) through (4), a civilian military employee in general service for a fixed term position shall not be appointed to any position falling under any of the following subparagraphs as determined by the Minister of National Defense: <Amended on Dec. 19, 2017>

1. A position where there is a concern of involvement in vested interests;

2. A position that requires a high level of military security and confidentiality.

[This Article Wholly Amended on Mar. 26, 2010]

[Title Amended on Dec. 19, 2017]

ENFORCEMENT DECREE OF THE ACT ON THE PERSONNEL MANAGEMENT OF CIVILIAN MILITARY EMPLOYEE

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Classification of ranks) #

Article 4(Criteria for each rank of civilian military employees in general service) #

Article 5(Personnel records) #

Article 6(Functions) #

Article 7(Composition) #

Article 8(Duties of chairperson) #

Article 8-2(Meetings) #

Article 8-3(Secretary) #

Article 9(Timely filling of vacancies) #

Article 9-2(Persons subject to appointment) #

Article 9-3(Procedure for recommendation for appointment and delegation of appointing authority) #

Article 10(Requirements for appointment through career-based competitive examination for appointment and other examinations) #

Article 10-2(Recommendation-based appointment and probationary service of local talent) #

Article 10-3(Restrictions on eligibility for recruitment examinations for non-majority candidates) #

Article 11 #

Article 12(Requirements for transfer) #

Article 13(Principles of conducting examinations) #

Article 13-2(Expansion of employment opportunities for persons with severe disabilities) #

Article 14(Types of examinations) #

Article 15(Methods and subjects of examinations) #

Article 16(Level of examination) #

Article 17(Physical examination) #

Article 18(Determination of successful candidates for examinations) #

Article 19(Announcement of successful candidates) #

Article 20(Reporting on results of conducting examinations) #

Article 21(Joint or entrusted conduct of employment examinations) #

Article 22(Frequency of conducting transfer examinations) #

Article 23(Promotion examinations for Grade V) #

Article 24(Qualifications for application) #

Article 25(Public announcement of employment examination) #

Article 26(Partial exemption from examinations) #

Article 27(Registration of successful candidates in open competitive employment examination) #

Article 28(Preparation of list of candidates for employment) #

Article 29(Appointment of candidates for employment) #

Article 30(Transfer or demotion of candidates for employment) #

Article 31(Guidance and supervision of probationer civilian military employees) #

Article 32(Education and training of probationer civilian military employees) #

Article 33(Exemption from probationary appointment) #

Article 34(Dismissal of probationer civilian military employees) #

Article 35(Criteria for managing assignments) #

Article 36(Reassignment) #

Article 37(Personnel exchange) #

Article 38(Concurrent holding of positions) #

Article 38-2(Acting duties in cases of leave of absence) #

Article 38-3(Training for cultivating social adaptability) #

Article 39(Minimum number of years required for promotion) #

Article 40(Restrictions on appointment by promotion) #

Article 41(Appointment by promotion) #

Article 42(Promotion examination) #

Article 42-2(Conduct and utilization of competency evaluation) #

Article 43(Promotion and appointment to civilian military employee of Grade V in general service) #

Article 43-2(Promotion by length of service) #

Article 44(Selection and designation of civilian military employees eligible for preferential treatment and essential working-level personnel) #

Article 45(Preparation of promotion candidate list) #

Article 46(Appointment of by special promotion) #

Article 46-2(Confirmation of grounds for ipso facto retirement) #

Article 46-3(Conferment of certificates of appointment) #

Article 47(Application mutatis mutandis) #

Article 48(Oath) #

Article 49(Mandatory service of persons who complete entrusted education and training) #

Article 50(On-duty and emergency duty) #

Article 51(Attire) #

Article 52(Identification cards) #

Article 53(Working hours) #

Article 54(Leave) #

Article 55(Approval for overseas travel) #

Article 56(Prohibition of engagement in for-profit activities and concurrent positions) #

Article 57 #

Article 58(Education and training plans) #

Article 59(Education and training courses) #

Article 60(Methods of education and training) #

Article 61(Education and training at affiliated military units) #

Article 62(Entrusted education and training) #

Article 63(Education and training and personnel management) #

Article 64(Subjects of evaluation) #

Article 65(Evaluators and confirmers) #

Article 66(Types and timing of performance evaluations) #