Article 1(Purpose) #
The purpose of these Regulations is to prescribe procedures relating to petitions filed by public officials belonging to administrative agencies.
Article 2(Filing of petition for review) #
(1) If a public official files a petition for review with the Petition Review Committee (hereinafter referred to as the "Committee") seeking review of a disciplinary action, demotion, leave of abs ence, suspension from office, dismissal, or any other disadvantageous disposition against his or her will, or omission, he or she shall submit to the Committee a written petition for review (hereinafter referred to as the "petition") stating the following matters: <Amended on Dec. 16, 1972; Mar. 30, 1973; Nov. 9, 2000; Sep. 6, 2007>
1. Address, name, resident registration number, and telephone number;
2. Name of the affiliated agency or former affiliated agency, and position or former position;
3. Respondent (in cases of a disposition or omission by the President, the recommending authority);
4. Purpose of the petition;
5. Grounds for the petition and methods of proof;
6. Where the petition for review is filed after the petition filing period has elapsed from the date stated in the written explanation of the grounds for disposition or the notice of personnel action due to delay in receipt thereof, materials proving such delay in receipt.
(2) If a petition for review filed under paragraph (1) does not fall within the jurisdiction of the Committee, the Committee shall, without delay, transfer it to the competent committee and notify the person who filed the petition for review (hereinafter referred to as the "petitioner") of such fact. <Added on Sep. 6, 2007>
(3) Deleted <Dec. 30, 1989>
Article 3(Suspension of running of filing period) #
(1) Any period during which the petitioner is unable to file a petition for review due to a reason not attributable to him or her shall not be included in the petition filing period (hereinafter referred to as the "petition filing period") under Article 76(1) of the State Public Officials Act (hereinafter referred to as the "Act"). <Amended on Sep. 6, 2007>
(2) Whether a reason not attributable to the petitioner exists under paragraph (1) shall be determined by the Committee. <Amended on Oct. 27, 1978>
Article 4(Designation or appointment of petition representative) #
(1) If a petition for review is filed under Article 2(1), the respondent in the relevant case may designate or appoint a relevant public official or an attorney as his or her representative to respond to the petition. <Amended on Dec. 30, 1989; Nov. 9, 2000>
(2) If an attorney is appointed as the representative of the petitioner in accordance with Article 76(1) of the Act, or if a public official or an attorney is designated or appointed as the representative of the respondent under paragraph (1), the power of attorney or the written designation shall be submitted to the Committee. <Amended on Dec. 30, 1989; Nov. 9, 2000; Sep. 6, 2007>
Article 4-2(Submission of written answer by respondent) #
(1) If the Committee requires the respondent to submit a written answer to a petition for review under Article 12(2) of the Act, the respondent shall submit the written answer and copies thereof corresponding to the number of petitioners within the designated period. <Amended on May 4, 2020>
(2) If the contents of the written answer submitted under paragraph (1) are insufficient or evidentiary materials are required, the Committee may require the respondent to supplement the contents of the written answer or to submit evidentiary materials. <Added on Sep. 6, 2007; May 4, 2020>
(3) When the respondent submits a written answer and evidentiary materials, he or she shall take measures to ensure that the personal information of persons related to the case, etc. is not disclosed. <Added on May 4, 2020>
(4) The Committee shall, without delay, serve the petitioner with copies of the written answer submitted under paragraphs (1) and (2), any additional written answer submitted, and evidentiary materials. <Added on Dec. 30, 1989; Amended on Sep. 6, 2007; May 4, 2020>
[This Article Added on Dec. 16, 1972]
[Title Amended on May 4, 2020]
Article 5(Notification of provisional decision) #
If the Committee makes a provisional decision on a petition case under Article 76(3) of the Act, it shall notify the appointing authority thereof without delay. In such cases, where the matter is urgent, the notification shall be made by telephone, fax, e-mail, etc. prior to notification in writing. <Amended on Sep. 6, 2007; Jan. 5, 2021>
[Title Amended on Jan. 5, 2021]
Article 6(Request for correction) #
(1) If the Committee finds that a petition contains any defect, it shall, within 7 days from the date on which the petition is received, require correction by specifying a reasonable period; provided, where the defect is minor, the Committee may correct it ex officio. <Amended on Dec. 30, 1989; Nov. 9, 2000>
(2) If the petitioner fails to make the correction within the correction period under paragraph (1), the petition for review shall be deemed to have been withdrawn. <Added on Dec. 30, 1989>
(3) If the whereabouts of the petitioner are unknown, the request for correction under paragraph (1) shall be published in the Official Gazette, and such request for correction shall be deemed to have been served on the petitioner on the day when 10 days have elapsed from the date of such publication. <Amended on Dec. 16, 1972; Oct. 27, 1978; Nov. 9, 2000>
(4) If the Committee requires each agency to submit materials for review, each agency shall submit such materials within the designated period.
(5) The period for processing a petition case for which correction has been requested under paragraph (1) shall be counted from the date on which such correction is completed. <Amended on Nov. 9, 2000>
Article 7(Withdrawal of petitions) #
A petitioner may withdraw all or part of a petition until the Committee renders its decision.
Article 7-2 #
Deleted. <Dec. 16, 2025>
Article 8(Notice of designation of hearing date) #
(1) If the Committee conducts a review of a petition case, it shall notify the petitioner and the respondent or his or her representative (hereinafter referred to as the "parties to the petition") of the date, time, and place of the review so that they may appear. In such cases, if a person who has received such notice is unable to appear for good cause or if it is necessary to postpone the review, he or she may request postponement of the review in writing, and the Committee may designate another date for review. <Amended on Nov. 9, 2000; May 4, 2020>
(2) If a person who appears after receiving the notice under paragraph (1) is a public official, the head of the institution to which he or she belongs shall grant him or her official leave. <Amended on Oct. 27, 1978>
(3) Deleted. <Nov. 9, 2000>
(4) The notice under paragraph (1) to parties to the petition whose whereabouts are unknown shall be published in the Official Gazette, and such notice shall be deemed to have been served on such parties on the date when 10 days have elapsed from the date of publication. <Amended on Dec. 16, 1972; Nov. 9, 2000>
Article 9(Challenge to, or recusal of, a member) #
(1) If any of the parties to the petition has grounds for exclusion under Article 14(3) of the Act with respect to a member of the Committee or if there exist circumstances under which it is difficult to expect fair deliberation and resolution by a member, a party to the petition may file a request for challenge to such member, and the member may be recused. <Amended on Nov. 9, 2000; Jun. 7, 2023>
(2) The Committee shall decide on a request for challenge under paragraph (1). In such cases, the member against whom the request has been made shall not participate in the resolution thereon. <Amended on Oct. 27, 1978; Nov. 9, 2000>
Article 10(Right to make statements) #
(1) The Committee shall hear the statements of the parties to the petition who appear and, if necessary, may question them orally.
(2) Notwithstanding paragraph (1), the Committee may render a decision without requiring the parties to the petition to appear if any of the following applies; in such cases, the Committee shall give the parties to the petition an opportunity to state their opinions in writing. <Added on Dec. 16, 2025>
1. Where the petition for review is unlawful due to the expiration of the petition filing period or because it is not within the jurisdiction of the Committee, and a decision of dismissal is to be rendered;
2. Where a disposition subject to a petition for review has a clear procedural defect and a decision declaring it null and void or revoking it is to be rendered.
(3) A party to the petition who fails to appear after receiving the notice under Article 8(1) may state his or her opinion in writing. <Amended on Dec. 16, 2025>
(4) If a petitioner is unable to appear before the Committee because he or she is detained in a criminal case or due to other reasons and fails to submit a written statement within the date designated under Article 8(1) or within the date separately designated by the Committee for submitting written statements, the Committee may render a decision without hearing the statement. <Added on Dec. 16, 1972; Dec. 16, 2025>
Article 10-2(Right of the victim to make statements) #
If a victim of misconduct constituting a sexual crime defined in Article 2 of the Act on Special Cases concerning the Punishment of Sexual Crimes or sexual harassment defined in subparagraph 2 of Article 3 of the Framework Act on Gender Equality in relation to a petition case files an application, the Committee shall give him or her an opportunity to appear before the Committee or to state his or her opinion on the relevant case in writing; provided, this shall not apply if any of the following applies:
1. If it is deemed that the victim has already sufficiently stated his or her opinion in the course of disciplinary action, etc. relating to the relevant misconduct and that there is no need for the victim to state his or her opinion again;
2. If the victim's statement is likely to significantly delay the proceedings of the Committee.
[This Article Added on Jun. 7, 2023]
Article 11(Right to submit evidence) #
(1) A party to the petition may apply for the summoning and questioning of a witness or for an order to submit evidence or other review materials, or may submit such evidence or materials.
(2) The Committee shall decide whether to grant an application under paragraph (1). <Amended on Oct. 27, 1978>
(3) The travel expenses of a witness requested by a party to the petition shall be borne by the applicant.
(4) If a witness accepted by the Committee is a public official, the head of the institution to which he or she belongs shall grant official leave to the witness. <Added on Dec. 16, 1972>
(5) Upon application filed after a petition case has been decided, the Committee may return to the person who submitted them the evidence or other review materials submitted under paragraph (1). <Added on Nov. 9, 2000>
Article 12(Preparation of record) #
The Committee shall prepare a record of the review proceedings of a petition case.
Article 13(Revocation of disposition) #
(1) If the respondent revokes or modifies the disposition in a case pending before the Committee or issues a disposition on an omission, he or she shall notify the Committee and the petitioner of such fact. <Amended on Nov. 9, 2000>
(2) In cases falling under paragraph (1), the Committee shall decide whether to continue the review. <Amended on Oct. 27, 1978>
Article 14(Scope of review) #
The Committee shall not review any facts other than those constituting the grounds for the disciplinary action or the petition.
Article 14-2(Deferral of Committee decision) #
If the Committee deems it particularly necessary to make a clear determination of the facts constituting the grounds for a disciplinary action, etc., it may, upon resolution, defer its decision. In such cases, it shall, without delay, notify the parties to the petition of such fact.
[This Article Added on May 4, 2020]
Article 14-3(Use of remote video conferencing) #
(1) The Committee may review and resolve matters by remote video conferencing, in which persons attending the meeting, such as members of the Committee, the parties to the petition, witnesses, and other persons related to the case (hereafter in this paragraph referred to as "attendees"), participate from different locations equipped with devices enabling simultaneous transmission and reception of video and audio. In such cases, the members of the Committee and the attendees shall be deemed to have attended the same meeting place.
(2) If the Committee reviews matters by remote video conferencing under paragraph (1), it shall take necessary security measures to prevent the personal information of the petitioner, witnesses, and other persons related to the case, and the contents, results, etc. of the meeting, from being disclosed.
[This Article Added on Mar. 16, 2021]
Article 15(Preparation of written decision) #
When rendering a decision on a petition for review, the Committee shall prepare a written decision stating the following matters, and the Chairperson and attending members shall sign and affix their seals thereto:
1. The parties to the petition;
2. The operative part of the decision;
3. A summary of the grounds for the decision;
4. Assessment of evidence.
Article 15-2(Correction of decision) #
If it is clear that a written decision on a petition for review contains clerical errors or other similar errors, the Committee may, ex officio or upon application by a party to the petition, correct the decision.
[This Article Added on Dec. 16, 2025]
Article 16(Service of written decision) #
(1) A written decision on petition for review (including a corrected decision where a correction is made under Article 15-2; hereafter in this Article the same shall apply) shall be prepared in an original and served on the parties to the petition without delay. <Amended on Jun. 11, 2004; Dec. 16, 2025>
(2) In serving a written decision on petition for review under paragraph (1), if the written decision is not served on the petitioner without fault on the part of the Committee, the petitioner's name and address and the operative part of the decision shall be published in the Official Gazette, and the written decision shall be deemed to have been served on the relevant petitioner on the date 2 weeks after the date of such publication. <Added on Oct. 27, 1978; Nov. 9, 2000>
[This Article Wholly Amended on Dec. 16, 1972]
Article 16-2(Notification of results of measures taken) #
If a decision of the Committee falls under Article 14(6)3 through 5 of the Act, the respondent to the petition shall notify the Committee of the results of measures taken in accordance with the intent of that decision.
[This Article Added on Dec. 24, 2024]
Article 17(Reexamination upon request of the Board of Audit and Inspection) #
(1) A request for reexamination under Article 32(6) of the Board of Audit and Inspection Act shall be made by a written request for reexamination stating the grounds. <Amended on Jun. 11, 2004>
(2) Upon receipt of a written request for reexamination under paragraph (1), the Committee shall, without delay, serve a copy thereof on the petitioner and request the submission of response materials. <Amended on Oct. 27, 1978; May 4, 2020>
(3) The Committee may, unless it deems the attendance of the parties necessary, decide a reexamination case without the parties' attendance.
(4) If the Committee has reviewed and decided a reexamination case, it shall prepare a written decision on reexamination and serve an original on the parties to the petition and the Chairperson of the Board of Audit and Inspection without delay. In such cases, the written decision shall be served on the Chairperson of the Board of Audit and Inspection through the Ministry of Personnel Management. <Amended on Nov. 9, 2000; Jun. 11, 2004; Dec. 31, 2008; Mar. 23, 2013; Nov. 19, 2014>
(5) If the grounds for reexamination are not specified in the written request for reexamination under paragraph (1), or if there is any other defect, the Committee shall, within 7 days after the date of receipt of such request, specify a reasonable period and require the correction; in such cases, the processing period shall be calculated from the date on which such correction is completed. <Added on Mar. 30, 1973; Nov. 9, 2000>
(6) A decision on a request for reexamination shall be made within 30 days after the date of the request for reexamination, unless there are special circumstances. <Added on Nov. 9, 2000>
[This Article Wholly Amended on Dec. 16, 1972]
[Title Amended on Jun. 11, 2004]
Article 18(Notification of results of administrative litigation) #
If the petitioner files an administrative litigation under Article 16 of the Act, the respondent to the petition shall notify the Committee of the fact that such litigation has been filed and the results thereof.
[This Article Added on Nov. 9, 2000]
Article 19 #
Deleted. <Mar. 30, 1973>
Article 20 #
Deleted. <Mar. 30, 1973>
Article 21(Reimbursement of actual expenses) #
The daily allowance for a witness under Article 12(5) of the Act shall be paid only if the witness is not a public official, and the amount shall be calculated on a daily basis from the monthly salary corresponding to Grade VI, salary grade 5 of State public officials; travel expenses shall be paid, if the witness is a public official, in accordance with the prescribed amount in "Appendix 1" of the Regulations on Travel Expenses for Public Officials, and if the witness is not a public official, in accordance with the prescribed amount applicable to persons falling under subparagraph 4 of "Appendix 1" of the Regulations on Travel Expenses for Public Officials. <Amended on Dec. 30, 1989; Feb. 24, 1998>
[This Article Wholly Amended on Oct. 27, 1978]
Article 22(Processing of sensitive information and personally identifiable information) #
The Committee may, if unavoidable to perform the affairs set forth in the following subparagraphs, process data containing admission to or withdrawal from a trade union under Article 23 of the Personal Information Protection Act, information relating to health (limited to the affairs under subparagraphs 1 and 2), information constituting criminal history data under subparagraph 2 of Article 18 of the Enforcement Decree of that Act (limited to the affairs under subparagraphs 1 and 2), or data including resident registration numbers under subparagraph 1 of Article 19 of that Decree: <Amended on Apr. 23, 2024>
1. Affairs relating to the review of a petition under Article 12 of the Act;
2. Affairs relating to the receipt and processing of a petition under Article 2;
3. Affairs relating to the designation or appointment of a petition representative under Article 4.
[This Article Added on May 4, 2020]