REGULATIONS ON SPECIAL CASES CONCERNING THE PERSONNEL MANAGEMENT OF PUBLIC OFFICIALS

Article 1(Purpose) #

The purpose of this Decree is to swiftly respond to rapidly changing administrative environment and contribute to enhancing policy performance by prescribing special cases necessary for increasing the flexibility of personnel management of State public officials in the executive branch.

Article 2(Definitions) #

1. The term "competent Minister" means the Minister defined in subparagraph 3 of Article 2 of the Decree on the Appointment of Public Officials;

1. The term "competent Minister" means a competent Minister defined in subparagraph 3 of Article 2 of the Decree on the Appointment of Public Officials;

2. The term "agency responsible for special cases concerning personnel management" means an agency designated by the Minister of Personnel Management to fully or partially apply regulations on special cases prescribed in Chapter III (hereinafter referred to as "regulations on special cases") pursuant to Article 5.

Article 3(Relationship to other statutes or regulations) #

Except as provided in this Decree, other statutes or regulations relating to the personnel management of public officials shall apply to the appointment, etc. of public officials belonging to administrative agencies responsible for special cases concerning personnel management.

Article 4(Application for designation as agencies responsible for special cases concerning personnel management) #

(1) In any of the following cases, the competent Minister may file an application for designation as an agency responsible for special cases concerning personnel management with the Minister of Personnel Management:

1. Where it is necessary to apply regulations on special cases due to the size of the agency and the special characteristics of its personnel composition;

2. Where it is necessary to apply regulations on special cases due to the characteristics of the agency's business;

3. Where it is necessary to apply regulations on special cases to smoothly perform major duties, such as national affairs;

4. Where it is necessary to apply regulations on special cases due to other reasons equivalent to those referred to in subparagraphs 1 through 3.

(2) If the competent Minister intends to apply for designation as an agency responsible for special cases concerning personnel management pursuant to paragraph (1), he or she shall submit an application for designation, including the following matters, to the Minister of Personnel Management, as determined by the Minister of Personnel Management:

1. A reason referred to in any subparagraph of paragraph (1);

2. Regulations on special cases to be applied to the relevant agency and the period of their applicability;

3. Detailed implementation plans for the application of regulations on special cases.

(3) Except as provided in paragraphs (1) and (2), details necessary for the application for the designation as an agency responsible for special cases concerning personnel management shall be determined by the Minister of Personnel Management.

Article 5(Designation of agencies responsible for special cases concerning personnel management) #

(1) If an application for designation filed under Article 4 meets all of the following requirements, the Minister of Personnel Management may designate the relevant agency as one responsible for special cases concerning personnel management:

1. The agency falls under any subparagraph of Article 4(1);

2. There is no risk of undermining the principles of the personnel management system, such as objectivity and fairness in personnel management and expertise in public office.

(2) If the Minister of Personnel Management intends to designate an agency responsible for special cases concerning personnel management pursuant to paragraph (1), he or she shall determine the following matters in consultation with the competent Minister:

1. Regulations on special cases to be applied to the relevant agency and the period of their applicability;

2. Detailed implementation plans for the application of regulations on special cases.

(3) Except as provided in paragraphs (1) and (2), details necessary for designation procedures for an agency responsible for special cases concerning personnel management, the operation of such agency, and other relevant matters shall be determined by the Minister of Personnel Management.

Article 6(Inspection of operation results of agencies responsible for special cases concerning personnel management) #

(1) The competent Minister, who is the head of an agency responsible for special cases concerning personnel management, shall notify the Minister of Personnel Management of the operation results of such agency designated pursuant to Article 5 at least once a year.

(2) If an agency responsible for special cases concerning personnel management violates any matter agreed upon under Article 5(2) or this Decree or other statutes or regulations related to personnel affairs, the Minister of Personnel Management may revoke the designation of such agency or suspend the application of all or part of the regulations on special cases for a certain period, and may, if necessary, conduct a fact-finding investigation, request the submission of relevant data, and perform a personnel audit under the Regulations on Personnel Audit.

(3) Except as provided in paragraphs (1) and (2), details necessary for the inspection of the operation results, such as notification of the operation results of the agency responsible for special cases concerning personnel management, and the revocation of designation shall be determined by the Minister of Personnel Management.

Article 7(Temporary and continuing application of regulations on special cases) #

Even if the period of applicability of regulations on special cases under Article 5(2)1 expires or if a designation of an agency responsible for special cases concerning personnel management is revoked pursuant to Article 6(2) or the application of regulations on special cases is suspended for a certain period of time, the regulations on special cases may continue to apply when the following procedures are underway until completed:

1. Recruitment procedures under Articles 9 and 10;

2. Deleted; <Dec. 29, 2023>

3. Payment procedures for performance-based annual salary, etc. under Article 19;

4. Other procedures under the application of regulations on special cases, which the Minister of Personnel Management deems necessary.

Article 8(Special cases concerning delegation of appointment authority) #

Notwithstanding Article 5(2) and (4) of the Decree on the Appointment of Public Officials, the competent Minister who is the head of an agency responsible for special cases concerning personnel management may delegate the authority to appoint public officials of Grade III or lower in the agency to which he or she belongs (including the head of a university, the superintendent of education of the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province, the Prosecutor General, the chief prosecutor of a high prosecutors' office, the chief prosecutor of a district prosecutors' office, and the dean of a university to which he or she belongs) to the head of the agency; provided, this shall not apply to authority related to release from position, suspension from office, demotion, dismissal, release, and removal of public officials of Grade III or lower or Grade V or higher. <Amended on Feb. 25, 2020>

Article 8-2(Special cases concerning methods of recommending appointments for disaster response) #

Notwithstanding the main clause of Article 13(3) of the Decree on the Appointment of Public Officials, the competent Minister who is also the head of an agency responsible for special cases concerning personnel management may appoint recommended candidates for Grades VII and IX even if 1 year has not passed since they passed the final examination, if there is an urgent need to hire human resources to respond to and recover from large-scale disasters under Article 14(1) of the Framework Act on the Management of Disasters and Safety. In such cases, if the current number of public officials exceeds the prescribed number, the relevant institution shall be deemed to have a separate prescribed number of positions corresponding to the excess number of personnel until the prescribed number aligns with the current number.

[This Article Added on Dec. 27, 2022]

Article 9(Special cases concerning qualifications to apply for career-based competitive recruitment examination) #

(1) Notwithstanding Article 16(1)2 of the Decree on the Appointment of Public Officials, Article 27(1) and (2) and Appendices 7 and 8 of the Decree on Public Officials Appointment Examinations, the competent Minister, who is the head of an agency responsible for special cases concerning personnel management, may replace a certificate of qualification for each grade to be appointed prescribed in Appendices 7 and 8 of the Decree on Public Officials Appointment Examinations with a corresponding certificate for higher or lower grade, or may increase or decrease the required period of service by up to 3 years, without consulting the Minister of Personnel Management, in any of the following cases; provided, in cases where certificates of qualifications necessary for positions to be appointed among certificates of qualifications for each position to be appointed are replaced by those corresponding to lower ranks, the period of service shall not be reduced: <Amended on Dec. 27, 2022>

1. Where it is necessary to establish a particularly high level of difficulty, accountability, etc. for the duties associated with the positions to be appointed;

2. Where the recruitment process is not expected to go smoothly because the number of applicants is equal to or less than the number of applicants to be selected.

(2) Notwithstanding Article 16(1)3 of the Decree on the Appointment of Public Officials and Article 27(3) and Appendix 9 of the Decree on Public Officials Appointment Examinations, the competent Minister, who is the head of an agency responsible for special cases concerning personnel management, may reduce the required service period of a candidate expected to be appointed to Grade VI or higher according to the career standards specified in Appendix 9 of the Decree on Public Officials Appointment Examinations, and who has work experience in a different field of duties: <Added on Dec. 27, 2022>

1. In cases of Grade V or higher: 3 years (excluding career experience as a manager equivalent to a job class to which appointment is to be made);

2. In cases of Grade VI: 1 year.

(3) Notwithstanding Article 16(1)10 of the Decree on the Appointment of Public Officials and Appendix 4 of the Decree on Public Officials Appointment Examinations, in cases falling under any subparagraph of paragraph (1), the competent Minister, who is the head of an agency responsible for special cases concerning personnel management, may increase or decrease the required service years specified in Appendix 4 of that Decree by up to 2 years. <Added on Dec. 27, 2022>

Article 10(Special cases concerning appointment of persons who pass career-based competitive recruitment examination) #

(1) Notwithstanding Article 18(1) of the Decree on the Appointment of Public Officials, when appointing public officials of Grade IV or higher (including those equivalent thereto) selected through a career-based competitive recruitment examination, etc. in accordance with Article 3 of the Decree on Public Officials Appointment Examinations, which is conducted by determining a group of positions to be appointed with the same duties, the competent Minister, who is the head of an agency responsible for special cases concerning personnel management, may appoint a candidate to a position belonging to the group of positions to be appointed as determined at the time of the examination. <Amended on Dec. 27, 2022>

(2) When appointing a public official engaged in research and technical advice service falling under any of the following subparagraphs selected through a as career-based competitive recruitment examination, etc. conducted in accordance with Article 3 of the Public Officials Appointment Examinations by determining a group of positions to be appointed with the same duties, the competent Minister, who is the head of an agency responsible for special cases concerning personnel management, may appoint a candidate to any position belonging to the group of positions to which he or she is to be appointed as determined at the time of the examination, notwithstanding Article 7-3(1) of the Regulations on the Appointment of Public Officials Engaged in Research and Technical Advice Service: <Added on Dec. 27, 2022>

1. Officers in research service specified in Appendix 2 of the Regulations on the Appointment of Public Officials Engaged in Research and Technical Advice Service (excluding those in research service falling under subparagraph 3b of that Table);

2. Officers in technical advisory service specified in Appendix 2-2 of the Regulations on the Appointment of Public Officials Engaged in Research and Technical Advice Service (excluding those in technical advisory service falling under subparagraph 3b of that Table).

Article 10-2(Special cases concerning recruitment and evaluation of public officials in professional fixed-term positions) #

(1) If the competent Minister, who is the head of an agency responsible for special cases concerning personnel management, conducts a career-based competitive recruitment examination pursuant to Article 3 of the Decree on Public Officials Appointment Examinations to employ public officials in professional fixed-term positions, he or she may, notwithstanding Article 30 (2) of that Decree, select candidates in a number not exceeding 3 times the number of persons to be selected from among persons who do not meet the criteria for failing an oral examination, starting with those who have excellent evaluation grades, and recommend them to the appointing authority or the appointment-recommendation-recommendation authority, without following the usual order of recommendation. In such cases, the competent Minister, who is the head of an agency responsible for special cases concerning personnel management, may designate a person deemed fit for the jobs by the appointing authority or appointment-recommendation authority from among those recommended.

(2) Notwithstanding Article 22-3(1) of the Regulations on the Performance Evaluation of Public Officials, the competent Minister, who is the head of an agency responsible for special cases concerning personnel management, may conduct a regular evaluation of the work performance of public officials in professional fixed-term positions based on June 30 and December 31 each year.

[This Article Added on Dec. 26, 2023]

Article 11(Special cases concerning requirements for reassignment) #

Notwithstanding Article 29(1) of the Decree on the Appointment of Public Officials, if a public official belonging to an agency responsible for special cases concerning personnel management falls under any of the following subparagraphs, the appointing authority of the public official may transfer him or her to the position of a rank the same as or equivalent to the current rank after undergoing an examination for reassignment:

1. Where he or she has obtained a patent related to the duties of the position to be reassigned;

2. Where he or she has worked for an institution or organization determined by the Minister of Personnel Management, such as an international organization, foreign institution, domestic or foreign university, research institute, or private enterprise.

Article 12(Special cases concerning promotion) #

(1) Notwithstanding Article 31(1) of the Decree on the Appointment of Public Officials, the competent Minister, who is the head of an agency responsible for operating special cases concerning personnel management, may reduce the minimum number of years required for promotion prescribed in the subparagraphs of Article 31(1) of the Decree on the Appointment of Public Officials by up to such threshold for each promotion or increase it by up to 6 months, in any of the following cases: <Amended on Dec. 27, 2022>

1. Where a large number of vacancies arise or are expected to arise due to the establishment of an organization, an increase in the prescribed number of personnel, etc.;

2. Where necessary for fostering excellent human resources and improving performance.

(2) Notwithstanding Articles 33(1) and 34(3) and Appendix 5 of the Decree on the Appointment of Public Officials, the competent Minister, who is the head of an agency responsible for special cases concerning personnel management, may separately determine the scope of persons subject to promotion screening prescribed in Appendix 5 of that Decree.

(3) Notwithstanding Article 34(6) of the Decree on the Appointment of Public Officials, the competent Minister, who is the head of an agency responsible for special cases concerning personnel management, may, when preparing the list of persons eligible for promotion, separately determine the ratio of grades on the list of candidates for promotion to the training grades in the basic education and training courses corresponding to the class to be promoted.

(4) Notwithstanding Article 30(3) of the Regulations on Performance Evaluation of Public Officials, the competent Minister, who is the head of an agency responsible for special cases concerning personnel management, may separately determine the period for which work performance evaluation ratings for the relevant rank are calculated, which are reflected in the list of candidates for promotion, in consideration of the minimum number of years required for promotion adjusted pursuant to paragraph (1). In such cases, at least 1 recent service performance evaluation rating for the relevant rank shall be included. <Added on Dec. 27, 2022>

(5) Notwithstanding Article 30(3) of the Regulations on the Performance Evaluation of Public Officials, the competent Minister, who is the head of an agency responsible for special cases concerning personnel management, may separately determine the period for which work performance evaluation ratings for the relevant rank are calculated, which are reflected in the list of candidates for promotion, not exceeding the minimum number of years required for promotion under Article 31(1) of the Decree of the Appointment of Public Officials. In such cases, at least 1 recent work performance evaluation rating for the relevant rank shall be included. <Added on Dec. 24, 2024>

(6) The method of promotion changed pursuant to paragraphs (1) through (5) may apply starting the day after 6 months from the date of such changes. <Amended on Dec. 27, 2022; Dec. 24, 2024>

Article 13(Special cases concerning promotion based on length of service) #

(1) Notwithstanding Article 33(1) and Appendix 5 of the Decree on the Appointment of Public Officials, the competent Minister who is the head of an agency responsible for special cases concerning personnel management may, where he or she intends to make a promotion based on length of service under Article 35-5 of that Decree, determine differently the scope of persons subject to promotion screening specified in that Appendix. <Amended on Jul. 7, 2025>

(2) Deleted. <Jun. 27, 2024>

[This Article Wholly Amended on Dec. 26, 2023]

Article 14 #

Deleted. <Dec. 27, 2022>

Article 15(Special Cases concerning transfer of public officials appointed to professional positions) #

If a public official has been appointed to a professional service position under Article 2(1) of the Regulations on the Personnel Management of Public Officials in Professional Service at an agency responsible for special cases concerning personnel management, a public official appointed to a professional position or a professional position group may be transferred, as prescribed in the following subparagraphs:

1. In cases of public officials appointed to professional positions: Notwithstanding Article 43-3(4) of the Decree on the Appointment of Public Officials, they may be transferred to another position regardless of the period determined by the Minister of Personnel Management;

2. In cases of public officials appointed to professional position groups: Notwithstanding Article 43-3(4) of the Decree on the Appointment of Public Officials, they may be transferred to another position regardless of the period determined by the Minister of Personnel Management.

Article 16(Special cases concerning compulsory service period) #

(1) Notwithstanding the latter part of Article 45(1) and paragraph (2) of the Decree on the Appointment of Public Officials, the competent Minister, who is the head of an agency responsible for special cases concerning personnel management, may separately determine the compulsory service period in any of the following cases; in such cases, such period shall be determined in consultation with the Minister of Personnel Management: <Amended on Dec. 26, 2023>

1. Where a public official under his or her jurisdiction is transferred to a position with similar duties within the office or bureau of a central administrative agency or an equivalent auxiliary or assisting agency;

2. Where a public official is transferred to a position recognized as having similar duties in accordance with subparagraph 1;

3. Where there is any other unavoidable reason to separately set a compulsory service period due to the recognized characteristics of the relevant duties.

(2) Notwithstanding the subparagraphs of Article 45(6) of the Decree on the Appointment of Public Officials, in cases falling under any subparagraph of paragraph (1), the competent Minister, who is the head of an agency responsible for special cases concerning personnel management, may separately determine the compulsory service period prescribed in the subparagraphs of that paragraph. In such cases, such period shall be at least 2 years, except where the Minister of Personnel Management deems it particularly necessary to reduce the period to ensure the smooth personnel management of the relevant agency, in consideration of the timing of the establishment of the relevant agency, the special characteristics of the personnel composition, etc. <Amended on Aug. 20, 2024>

Article 17(Special cases concerning compulsory service period for professional career officials) #

Notwithstanding Article 18(2)1 and 2 of the Regulations on Professional Career Officials, the competent Minister, who is the head of agency responsible for special cases concerning personnel management, may separately determine the compulsory service periods as follows:

1. Where the competent Minister transfers the official to another agency: At least 5 years and less than 7 years;

2. Where the competent Minister transfers the official within the same agency: At least 3 years and less than 5 years.

[This Article Added on Dec. 24, 2024]

Article 18(Special cases concerning transfer to another agency by a competent Minister) #

If the competent Minister who is the head of an agency responsible for special cases concerning personnel management considers it necessary for the smooth operation of personnel administration in light of the particular characteristics of the relevant agency, he or she may, notwithstanding Article 45-2(2) of the Decree on the Appointment of Public Officials, determine differently the restriction period on transfer to another agency prescribed in the provisions, with the exception of the subparagraphs, of that paragraph. In such cases, where the competent Minister who is the head of an agency responsible for special cases concerning personnel management intends to determine a different restriction period on transfer to another agency, he or she shall have a prior consultation with the Minister of Personnel Management.

[This Article Added on Dec. 9, 2025]

Article 19(Special cases concerning payment of performance-based annual salary) #

(1) Notwithstanding Articles 39(2) and 58(2) of the Public Officials Remuneration Regulations, the competent Minister, who is the head of an agency responsible for special cases concerning personnel management may, in any of the following cases, determine and operate different grades in the performance-based annual salary system for public officials of Grade IV or higher appointed to director-level positions (in cases of foreign service officials, referring to those of Grade VII through IX), the number of eligible persons, and their salary amounts:

1. Where flexible performance management is necessary due to the characteristics of the duties, such as responding to serious and urgent national issues;

2. Where flexible performance management is necessary due to the special characteristics of the composition of occupational categories and grades or the nature of the composition of human resources, particularly in institutions composed of a large number of dispatched personnel.

(2) Notwithstanding Article 20(2) of the Regulations on the Personnel Management of the Senior Executive Service, Article 10(5) of the Regulations on the Performance Evaluation of Public Officials, and Article 70(2) of the Public Officials Remuneration Regulations, the competent Minister, who is the head of an agency responsible for special cases concerning personnel management, may, in cases falling under any subparagraph of paragraph (1), separately determine evaluation grades for performance-based contracts, etc. of members of the Senior Executive Service, the number of persons by evaluation grade, the grade in performance-based annual salary system, and the number of persons subject to the evaluation and their salary amounts. In such cases, the grade in the performance-based annual salary system and the number of eligible persons shall be determined based on the grade assigned as a result of the evaluation and the number of persons within each grade.

Article 20 #

Deleted. <Jan. 5, 2024>

Article 21(Special cases concerning use of annual leave and flexible work) #

Notwithstanding Articles 10(3) and 16(4) of the State Public Officials Service Regulations, in any of the following cases, the competent Minister who is the head of an agency responsible for special cases concerning personnel management shall, if a public official under his or her jurisdiction determines and notifies the date of use without applying for annual leave or flexible work, allow the official to use such annual leave or flexible work unless there is a special impediment to the performance of official duties: <Amended on Dec. 24, 2024>

1. One-day annual leave or half-day annual leave notified 4 days prior to the date of the intended use;

2. Flexible work arrangement notified 2 days before the date of the intended use, and which changes start time to arrive at work within 1 hour; in such cases, the working hours on the day of the flexible work shall be 8 hours in total, excluding lunch hours.

3. Flexible work arrangement notified by the official with a child under 8 years of age or in the second grade or lower of an elementary school 2 days before the date of the intended use, and which changes start time to arrive at work within 2 hours; in such cases, the working hours on the day of the flexible work shall be 8 hours in total, excluding lunch hours.

[This Article Added on Dec. 27, 2022]

Article 22(Request for presentation of opinions to the Proactive Administration Committee) #

If the Minister of Personnel Management finds it impracticable to actively perform his or her duties due to a lack of provisions in the relevant statutes or regulations or ambiguous provisions, he or she may request the Active Administration Committee established within the Ministry of Personnel Management pursuant to Article 50-2 (2) 2 of the State Public Officials Act to present opinions on the standards, procedures, methods, etc. for handling the relevant duties to ensure that the right persons are in the right positions at the right time as well as to improve unreasonable regulations.

[This Article Added on Dec. 27, 2022]