Article 5(Minimum length of service required for promotion) #
(1) To be promoted, a firefighting official shall have served in the relevant rank for at least the period under each of the following classifications: <Amended on Dec. 27, 2010; Dec. 28, 2012; Mar. 10, 2020; Jan. 2, 2024>
1. A fire chief: 3 years;
2. A deputy fire chief: 2 years;
3. A fire captain: 2 years;
4. A fire lieutenant: 1 year;
5. A fire sergeant: 1 year;
6. A senior firefighter: 1 year;
7. A firefighter: 1 year.
(2) Periods of leave of absence, release from position, disciplinary action, and restriction on promotion appointment under Article 6(1)2 shall not be included in the period under paragraph (1); provided, the following periods shall be included in the period under paragraph (1): <Amended on Dec. 28, 2012; May 6, 2015; May 2, 2017; Sep. 18, 2018; Dec. 24, 2018; Mar. 10, 2020; Aug. 31, 2021; Jan. 2, 2024; Jan. 24, 2025>
1. The following periods during a leave of absence under Article 71 of the State Public Officials Act:
a. Where a public official takes a leave of absence under Article 71(1)1 of the State Public Officials Act due to a disease or injury in the line of duty under the Public Officials' Accident Compensation Act, the period of such leave of absence;
b. Where a public official takes a leave of absence under Article 71(1)3, 5, or 6 or Article 71(2)1 of the State Public Officials Act, the period of such leave of absence;
c. Where a public official takes a leave of absence under Article 71(2)2 of the State Public Officials Act, a period equivalent to 50 percent of the period of such leave of absence;
d. The period of leave of absence under Article 71(2)4 of the State Public Officials Act (hereafter in this Article referred to as "childcare leave"); provided, the period included under paragraph (1) shall not exceed 3 years per child when aggregated with the period during which a firefighting official serves as a firefighting official converted to part-time service in lieu of childcare leave under paragraph (8)3;
2. The period of release from position where any of the following applies:
a. Where a disciplinary action that constituted the grounds for a disposition of release from position imposed on a person under Article 73-3(1)3 of the State Public Officials Act is confirmed to be null and void or canceled by a decision of the appeals review committee or a court judgment (including cases where the competent disciplinary committee resolves not to impose disciplinary action upon a request for disciplinary action);
b. Where a criminal case that constituted the grounds for a disposition of release from position imposed on a person under Article 73-3(1)4 of the State Public Officials Act is confirmed as not guilty by a court judgment;
c. Where misconduct (hereafter in this Article referred to as "misconduct") that constituted the grounds for a disposition of release from position imposed on a person under Article 73-3(1)6 of the State Public Officials Act falls under both 1) and 2):
1) Where, in relation to disciplinary procedures relating to such misconduct, any of the following applies;
2) Where, as a result of an investigation or criminal investigation into such misconduct, any of the following applies.
(3) If a retired firefighting official is appointed to a rank not higher than the rank he or she held at the time of retirement, the period during which he or she served, prior to retirement, in a rank not lower than the rank at the time of reappointment shall be included in the period under paragraph (1), limited to the rank at the time of reappointment. <Amended on Aug. 31, 2021>
(4) If a person who had served under the status of a public official under other statutes or regulations is appointed as a firefighting official of at least fire sergeant, the period during which he or she served under his or her previous status shall be included in the period under paragraph (1), as converted in accordance with standards prescribed by Decree of the Ministry of the Interior and Safety, limited to service within 10 years from the date of reappointment; provided, if a person is appointed as a firefighting official and is subsequently promoted, any period during which he or she served as another public official in a position corresponding to the rank to which he or she was promoted or a higher rank shall not be included in the period under paragraph (1). <Amended on Sep. 9, 1999; Dec. 31, 2008; Dec. 27, 2010; Mar. 23, 2013; Nov. 19, 2014; May 6, 2015; Jul. 26, 2017; Mar. 10, 2020; Aug. 31, 2021>
(5) The period during which a person served as a trainee of the Judicial Research and Training Institute under Article 72 of the Court Organization Act shall be included in the minimum length of service required for promotion of firefighting officials of deputy fire chief or lower under paragraph (1). <Added on Mar. 31, 2009; May 6, 2015; Mar. 10, 2020>
(6) If a firefighting official is demoted or reduced in rank, the period during which he or she served in the rank to which he or she is demoted or reduced or in a higher rank shall be included in his or her length of service in the rank to which he or she is demoted or reduced. <Added on Dec. 27, 2010>
(7) If a firefighting official who has been demoted or reduced in rank is promoted to his or her original rank, the period during which he or she served in the rank held prior to such demotion or reduction shall be included in his or her length of service in the original rank. <Added on Dec. 27, 2010>
(8) The period of service of a firefighting official who works fewer hours than the normal working hours under Article 26-2 of the State Public Officials Act (hereafter in this Article referred to as a "firefighting official converted to part-time service") shall be included in the period under paragraph (1) in accordance with the following criteria: <Added on Dec. 27, 2010; Dec. 24, 2018; Mar. 10, 2020; Jan. 24, 2025>
1. In the relevant rank, if a firefighting official serves as a firefighting official converted to part-time service for a period not exceeding 1 year, the entire period;
2. In the relevant rank, if a firefighting official serves as a firefighting official converted to part-time service for a period exceeding 1 year, a period proportionate to his or her working hours;
3. In the relevant rank, if a firefighting official is designated to serve as a firefighting official converted to part-time service in lieu of childcare leave, the entire period within 3 years per child.