Article 13(Requirements for competitive employment, etc. of experienced personnel as senior executives in general service) #
Competitive employment, etc. of experienced personnel as senior executives in general service under Article 28 (2) of the Act shall be performed in any of the following cases; provided, Articles 7, 7-2 and 8 of the Regulations on Senior Researchers and Senior Technical Advisors shall apply to the competitive employment, etc. of experienced personnel as senior researchers and senior technical advisors: <Amended on Mar. 12, 2009; Jun. 15, 2010; Aug. 30, 2011; Dec. 11, 2013; Jan. 7, 2016; Oct. 22, 2019>
1. Where a senior executive in general service (excluding public officials in fixed term positions; hereafter in this subparagraph, and subparagraphs 4 and 5, the same shall apply) who has served in a Senior Executive Service position or equivalent position is reappointed pursuant to Article 28 (2) 1 of the Act, he or she shall be a person whose reason for retirement has been verified by inquiring into his or her past record of the agency in which he or she previously served, and where a senior executive in general service who retired from office to become a public official in special career service or public official in other type of career service is reappointed pursuant to the aforesaid subparagraph, he or she shall be reappointed before 30 days have passed after his or her retirement from office. In such cases, the Regulations on Handling of Public Officials Personnel Records, Statistics and Personnel Affairs shall apply to the inquiry into his or her past record;
2. Where a person who holds a certificate of qualification concerning duties of the same kind is employed through competitive employment, etc. of experienced personnel pursuant to Article 28 (2) 2 of the Act, he or she shall be a person meeting standards for career in Grade III prescribed in Appendices 7 and 8 of the Decree on Examination for Appointment of Public Officials (hereinafter referred to as the "Decree on Examination"), who holds a certificate of qualification related to duties of a position to which he or she is expected to be appointed, among certificates of qualification for each position to which he or she is expected to be appointed under Article 27 (1) of the Decree on Examination;
3. Where a public official is employed through competitive employment, etc. of experienced personnel pursuant to Article 28 (2) 3 of the Act, he or she shall be a person in whose case three years have not passed after his or her retirement as of the date on which an examination is required, who falls under any of the following; provided, in the cases falling under item (d), he or she shall hold office as of the date an examination is required:
(a) A person serving as a public official in special service belonging to the Senior Executive Service (hereinafter referred to as "senior executive in special service");
(b) A person who has served for at least 2 years as a senior executive in general service or in a Senior Executive Service position or an equivalent position in the National Assembly, a court, the Constitutional Court, the National Election Commission, or the Board of Audit and Inspection as a public official in general service; in such cases, service as a public official in a fixed-term position shall be excluded, except where the person was a public official who met the requirements for a candidate for the Senior Executive Service under Article 7 at the time such fixed-term service;
(c) A person whose period of service or research career meeting standards for career experience defined under Appendix 9 of the Decree on Examination in the field of duties related to a position to which he or she is expected to be appointed is at least three years (where he or she has served as a public official in extraordinary civil service, he or she shall be a person who has served or conducted research in a position related to which he or she is expected to be appointed in the Senior Executive Service or positions equivalent thereto);
(d) A person who meets all the requirements prescribed in the subparagraphs of Article 9 (3) of the Regulations on Opening and Open Recruitment Positions;
4. Competitive employment, etc. of experienced personnel under Article 28 (2) 5 of the Act shall apply where a person is employed as a senior executive in general service in a position in the highest grade of duties allocated pursuant to Article 23 of the Act;
5. Where a local public official is employed as a senior executive in general service through competitive employment, etc. of experienced personnel pursuant to Article 28 (2) 7 of the Act, he or she shall be a person who has served as a public official in general service (excluding public officials in fixed-term positions) in a position in a local government or local educational administrative agency equivalent to a Senior Executive Service position;
6. Where a person who has served or conducted research in the field of science and technology, statistics, electronic computation, foreign trade, environment, transportation, or urban engineering related to a position to which he or she is expected to be appointed pursuant to Article 28 (2) 10 of the Act, or in the field of specialty prescribed by the competent Minister is employed through competitive employment, etc. of experienced personnel because he or she deems it impracticable to fill the vacancy through an open competitive employment examination, he or she shall be a person who meets standards for career experience in Grade III under Appendix 4 of the Decree of Appointment, and holds a doctoral degree.
[This Article Wholly Amended on Feb. 27, 2009]
[Title Amended on Dec. 11, 2013]