Article 1(Purpose) #
The purpose of this Decree is to prescribe matters necessary for the recruitment conditions, procedures for appointment, and maximum age for service of public officials in extraordinary civil service belonging to the executive branch under Article 2 (4) of the State Public Officials Act.
[This Article Added on Dec. 11, 2013]
[Previous Article 1 moved to Article 1-2 <Dec. 11, 2013>]
Article 1-2(Scope of application) #
Except as otherwise expressly provided in others statutes or regulations, the appointment, service, efficiency, etc. of public officials in extraordinary civil service belonging to the executive branch shall be governed by this Decree.
[This Article Wholly Amended on May 21, 2009]
[Moved from Article 1 <Dec. 11, 2013>]
Article 2(Appointing authority for public officials in extraordinary civil service receiving remuneration equivalent to that of Grade III or lower) #
Public officials in extraordinary civil service who receive remuneration equivalent to that of State public officials in general service (hereinafter referred to as “general service position”) of Grade III, IV, or V shall be appointed by the competent Minister as defined in subparagraph 3 of Article 2 of the Decree on the Appointment of Public Officials (hereinafter referred to as the “competent Minister”), and public officials in extraordinary civil service who receive remuneration equivalent to that of Grade VI or lower shall be appointed by the head of each agency (where the relevant agency is a collegiate body comprised of multiple members and the person representing the collegiate body is not a public official, referring to a public official who has the authority to exercise overall control and supervision over the affairs of the agency; hereinafter the same shall apply). <Amended on Jan. 26, 2012>
[This Article Wholly Amended on May 23, 2011]
Article 3(Qualification requirements for appointment) #
(1) Deleted. <Feb. 25, 2005>
(2) When appointing members in extraordinary civil service of the Senior Executive Service or public officials in extraordinary civil service who receive remuneration equivalent to that of general service positions of Grade III or lower, the appointing authority or the appointment-recommendation authority shall appoint, or recommend for appointment, persons who meet the qualification requirements equivalent to the relevant positions. <Amended on Dec. 11, 2013>
(3) The Minister of Personnel Management shall determine the qualification requirements for appointment under paragraph (2) by job field, equivalent position, or equivalent grade. <Amended on May 23, 2011; Mar. 23, 2013; Nov. 19, 2014>
[This Article Wholly Amended on Jul. 8, 1980]
Article 3-2(Appointment of foreigners as public officials in extraordinary civil service) #
The appointing authority or the appointment-recommendation authority may appoint a foreigner as a public official in extraordinary civil service in accordance with Article 26-3 of the State Public Officials Act.
[This Article Wholly Amended on May 23, 2011]
Article 3-3(Examination-administering agencies for public officials in extraordinary civil service receiving remuneration equivalent to that of Grade III or lower) #
(1) The recruitment examination for public officials in extraordinary civil service who receive remuneration equivalent to that of general service positions of Grade III, IV, or V shall be administered by the competent Minister, and the recruitment examination for public officials in extraordinary civil service who receive remuneration equivalent to that of Grade VI or lower shall be administered by the head of each agency.
(2) The competent Minister or the head of each agency administering the recruitment examination under paragraph (1) may, if deemed necessary, conduct all or part of the recruitment examination jointly with the head of another institution or a private institution, or entrust the examination to such institution. In such cases, matters necessary for the joint administration or entrustment of the examination shall be determined through consultation among the relevant institutions.
[This Article Added on May 23, 2011]
Article 3-4(Procedures for recruitment) #
(1) If the competent Minister or the head of each agency administering a recruitment examination (including the head of an agency or a private institution entrusted with the administration of a recruitment examination under Article 3-3 (2); hereafter in this Article and Article 3-5 referred to as "head of an examination-administering agency") intends to employ a public official in extraordinary civil service who receives remuneration equivalent to that of general service positions of Grade III or lower, he or she shall publicly announce such recruitment in a daily newspaper, the Official Gazette, an information and communications network, or by other effective means; provided, that public announcement may be omitted in any of the following cases: <Amended on Jan. 26, 2012; Mar. 23, 2013; Dec. 11, 2013; Jul. 26, 2017; Jun. 23, 2020; Dec. 27, 2022>
1. Where the public official is employed as a secretary to the Minister, a secretary, or a policy advisor under the Regulations on Establishment and Operation of Office of Policy Advisor (hereinafter referred to as "policy advisor"), or in any other position corresponding thereto;
2. Where the quota of public officials in extraordinary civil service is transferred to another institution, etc. due to reorganization or changes in the organizational structure or personnel quota, etc. and the relevant public official in extraordinary civil service is continuously appointed to the same grade and job field without any change;
3. Where the competent Minister or the head of each agency continuously appoints a public official in extraordinary civil service to another position within the same agency that is in the same or similar job field;
4. Where the expenses incurred in the recruitment examination are excessively high;
5. Where a foreigner or a North Korean refugee as defined in subparagraph 1 of Article 2 of the North Korean Defector Protection and Settlement Support Act is appointed due to any unavoidable reason.
(2) When the head of an examination-administering agency hires a public official in extraordinary civil service who receives remuneration equivalent to that of general service positions of Grade III or lower, he or she shall review his or her qualification in writing and examine the knowledge, ability, eligibility, etc. necessary for the performance of the relevant duties through a written examination, practical examination, or interview (the written or practical examination shall be conducted only where the head of the examination-administering agency deems it necessary). <Amended on Jan. 26, 2012>
Article 3-5(Prior consultation on, and management of recruitment examinations) #
(1) If the competent Minister or the head of each agency under Article 3-3 (1) intends to conduct a recruitment examination for public officials in extraordinary civil service (excluding where the recruitment procedures are omitted under Article 3-4 (3)), he or she shall have a prior consultation with the Minister of Personnel Management on the necessity, method of, examination, etc. <Amended on Mar. 23, 2013; Nov. 19, 2014>
(2) When conducting a recruitment examination for public officials in extraordinary civil service, the head of the examination-administering agency shall organize an independent committee before announcing persons who ultimately pass the examination to inspect whether the recruitment process has been conducted appropriately, and shall, without delay, notify the competent Minister of the results of the examination and of the self-inspection after the announcement. In such cases, the competent Minister shall notify the Minister of Personnel Management of the results of the examination and the self-inspection notified. <Amended on Dec. 11, 2013; Nov. 19, 2014>
(3) Specific details regarding the prior consultation under paragraph (1), the organization and operation of the committee, inspection of the recruitment process, notification of the results of examination under paragraph (2), and other necessary matters shall be determined by the Minister of Personnel Management. <Added on Dec. 11, 2013; Nov. 19, 2014>
[This Article Added on May 23, 2011]
[Title Amended on Dec. 11, 2013]
Article 3-6 #
Deleted. <Dec. 11, 2013>
Article 4(Appointment procedure) #
In appointing public officials in extraordinary civil service, the form of the written appointment recommendation and of the certificate of appointment or dismissal, and other appointment procedures, shall be governed by the appointment procedures applicable to the general service positions.
[This Article Wholly Amended on May 23, 2011]
Article 5 #
Deleted. <Dec. 11, 2013>
Article 6(Maximum age for service) #
(1) The maximum age for service of a public official in extraordinary civil service shall be 60 years old; provided, for public officials in extraordinary civil service under Article 6 of the Presidential Security Act, the appointing authority or the appointment-recommendation authority may separately determine the maximum age for service. <Amended on Dec. 11, 2013>
(2) Notwithstanding paragraph (1), the maximum age for service shall not apply to any of the following public officials in extraordinary civil service: <Amended on Jun. 23, 2020; Dec. 27, 2022>
1. A secretary, a secretary to the Minister (including secretaries to the Minister referred to in Article 6 (1) of the Honorable Treatment of Ex-Presidents Act), a policy advisor, and any other position equivalent thereto;
2. A public official in extraordinary civil service who is determined by the appointing authority or appointment-recommendation authority not to have a maximum age for service due to a fixed period of service, etc.
(3) A public official in extraordinary civil service shall automatically retire from office on June 30, if the date on which he or she attains the maximum age for service falls in the period between January and June, or on December 31, if the date on which he or she attains the maximum age for service falls in the period between July and December.
[This Article Wholly Amended on May 23, 2011]
Article 6-2 #
Deleted. <Dec. 21, 2006>
Article 7 #
Deleted. <Dec. 11, 2013>
Article 7-2(Work performance ratings) #
(1) The head of each organization shall conduct objective and strict evaluations of the performance of public officials in extraordinary civil service under his or her jurisdiction on a regular or ad hoc basis, and may reflect the results in various aspects of personnel management, such as remuneration and appointment.
(2) Article 5 (1) and Sections 1 and 3 of Chapter II of the Regulations on the Performance Evaluation of Public Officials shall apply mutatis mutandis to the work performance ratings of public officials in extraordinary civil service who receive remuneration equivalent to that of general service positions of Grades III and IV, and Article 5 (2) and (3) and Sections 2 and 3 of Chapter II of that Regulations shall apply mutatis mutandis to the work performance ratings of public officials in extraordinary civil service who receive remuneration equivalent to the general service positions of Grade V or lower.
(3) Except as matters provided in paragraphs (1) and (2), the head of each agency may separately determine matters necessary for the work performance ratings of public officials in extraordinary civil service. taking into account the characteristics of duties, etc. of the relevant agency.
[This Article Wholly Amended on May 23, 2011]
Article 7-3(Personnel management following leave of absence) #
(1) If a public official in extraordinary civil service takes a leave of absence of at least 6 months (at least 3 months in the case of a child-care leave under Article 71 (2) 4 of the State Public Officials Act) under Article 73-2 (2) of the State Public Officials Act (excluding a leave of absence under Article 71 (1) 4 of that Act), the appointment period of a public official in extraordinary civil service appointed to fill the vacancy of the relevant person on leave under Article 43 (1) of that Act shall be the duration of such leave (including the period of maternity leave where he or she takes a child-care leave following maternity leave). <Amended on Jul. 4, 2011>
(2) An order for leave of absence issued on the grounds provided in Article 71 (2) 4 of the State Public Officials Act may be granted in installments, if the relevant public official in extraordinary civil service so desires.
[This Article Wholly Amended on May 23, 2011]
[Title Amended on Jul. 4, 2011]
Article 7-4(Conversion to part-time service) #
(1) If a public official in extraordinary civil service so requests, the appointing authority or the appointment-recommendation authority may designate him or her as a public official working shorter hours than the ordinary working hours (hereinafter referred to as a "public official converted to part-time service") under Article 26-2 of the State Public Officials Act. <Amended on Jun. 23, 2020>
(2) Notwithstanding Article 9 of the State Public Officials Service Regulations, the working hours of public officials converted to part-time service designated under paragraph (1) shall be determined by the competent Minister within the range of not less than 15 hours and not more than 35 hours per week. <Amended on Jun. 23, 2020>
(3) Upon designating public officials converted to part-time service under paragraph (1), the appointing authority or the appointment-recommendation authority may appoint a public official in fixed term position converted to part-time service in accordance with the Decree on the Appointment of Public Officials Civil Service Appointment Decree, within the scope of the remaining working hours of the designated public official. <Amended Dec. 11, 2013; Dec. 16, 2013; Jun. 23, 2020>
(4) Except as provided in paragraphs (1) through (3), the Minister of Personnel Management shall determine matters necessary for the designation of public officials converted to part-time service. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jun. 23, 2020>
[This Article Wholly Amended on May 23, 2011]
[Title Amended on Jun. 23, 2020]
Article 8(Employment to general service positions) #
If a public official in extraordinary civil service is appointed to a general service position, no preferential treatment shall be granted.
[This Article Wholly Amended on May 23, 2011]
[Title Amended on Nov. 1, 2011]
Article 9(Dismissal procedures) #
(1) If a public official in extraordinary civil service is to be dismissed ex officio, the dismissal shall be subject to a resolution of the Appointment Review Committee under Article 10-4 (1) of the Decree on the Appointment of Public Officials (hereinafter referred to as the “Appointment Review Committee”).
(2) Notwithstanding Article 10-4 (3) of the Decree on the Appointment of Public Officials, if an Appointment Review Committee is organized under paragraph (1), the appointing authority or the appointment-recommendation authority may serve as the chairperson.
(3) Notwithstanding Article 10-4 (4) of the Decree on the Appointment of Public Officials, if an Appointment Review Committee is organized under paragraph (1), external experts may be commissioned as its members.
(4) The Appointment Review Committee shall notify the person subject to dismissal of the reasons for dismissal and matters relating to the statement of opinions no later than 10 days prior to the meeting, and the person subject to dismissal may attend the meeting of the Appointment Review Committee in person or submit a written statement of opinion.
(5) Except as provided in paragraphs (1) through (4), matters necessary for the procedures for dismissal of public officials in extraordinary civil service shall be determined by the Minister of Personnel Management.
[This Article Wholly Amended on Dec. 26, 2023]
Article 9-2(Disciplinary action) #
(1) If a public official in extraordinary civil service has grounds for disciplinary action or the imposition of an additional disciplinary charge under the subparagraphs of Article 78 (1), or Article 78-2 (1) of the State Public Officials Act, he or she may be dismissed ex officio or be subject to disciplinary action or the imposition of an additional disciplinary charge (hereinafter referred to as "disciplinary action, etc.").
(2) Articles 78, 78-2 through 78-4 (excluding Article 78-4 (3)), 79 through 83 (excluding matters relating to demotion under Article 79, and Article 80 (1)), and 83-2 of the State Public Officials Act shall apply mutatis mutandis to disciplinary actions, etc. against public officials in extraordinary civil service and restrictions on their retirement. In such cases, "Appeals Review Committee" in Articles 78-3 and 83-2 (3) of the State Public Officials Act shall be construed as "Administrative Appeals Commission", and "decision" as "ruling", respectively.
(3) Details necessary for disciplinary action, etc. against, and restrictions on retirement of, public officials in extraordinary civil service shall be governed by the Decree on Disciplinary Action against Public Officials.
[This Article Added on Jun. 23, 2020]
Article 10(Issuance of explanatory note on grounds for disciplinary action) #
When making any of the following dispositions, the appointing authority or the appointment-recommendation authority shall issue an explanatory note specifying the grounds for disciplinary action to the relevant public official in extraordinary civil service: <Amended on Jun. 23, 2020>
1. Where the public official is ordered to take a leave of absence under Article 73-2 (2) or (4) of the State Public Officials Act (excluding a leave of absence granted as he or she wishes);
2. Where the public official in extraordinary civil service is to be dismissed ex officio.
[This Article Added on Dec. 11, 2013]