Article 1(Purpose) #
The purpose of this Act is to establish procedures for the reinstatement, etc. of public officials who have been dismissed or subjected to disciplinary action due to their involvement in the establishment and activities of labor unions for public officials to ensure the protection of the basic labor rights for public officials, thereby restoring the honor of the relevant public officials and contributing to the reform and unity of the public service sector.
Article 2(Definitions) #
The terms used in this Act are defined as follows:
1. The term "dismissed public official" means a public official (referring to a public official defined in Article 2 of the Act on the Establishment and Operation of Public Officials' Labor Unions; hereinafter the same shall apply) who was removed or dismissed from office, retired automatically, dismissed ex officio, or whose contract was terminated during the period from March 23, 2002 to March 25, 2018 for any of the following reasons:
(a) Establishment of, or membership in, a public officials' labor union;
(b) Any act that conflicts with the obligations of public officials under other statutes or regulations, such as violation of the obligation to prohibit collective activities under Article 66 of the State Public Officials Act or Article 58 of the Local Public Officials Act, absence without notice, and absence from post without leave, in connection with public officials' labor union activities;
(c) Other reasons similar to those referred to in item (a) or (b);
2. The term "disciplinary public official" means a public official who was subjected to disciplinary action, such as demotion, suspension from office, salary reduction, or reprimand, for any of the reasons referred to in the items of subparagraph 1, during the period from March 23, 2002 to March 25, 2018.
Article 3(Deliberation committee on reinstatement and honor restoration of dismissed public officials, etc.) #
(1) A deliberation committee on reinstatement and honor restoration of dismissed public officials, etc.(hereinafter referred to as the "Committee") shall be established in each institution (referring to the institution which succeeds to the authority or function, if the institution these officials belonged to at the time of their dismissal is abolished or changed; hereinafter referred to as "affiliated institution") to which dismissed or disciplinary public officials (hereinafter referred to as "dismissed public officials, etc.") belonged at the time of dismissal from office or imposition of disciplinary action.
(2) The Committee shall deliberate and decide on the following matters:
1. Determination as to whether the person qualifies as a dismissed public official, etc.;
2. Determination and notification of person eligible for reinstatement;
3. Recognition of the career of dismissed public officials;
4. Other matters prescribed by Presidential Decree regarding the reinstatement, restoration of honor, etc. of dismissed public officials, etc.
(3) Notwithstanding paragraph (1), if the affiliated institution is a local government, the Committee may be substituted by the personnel committee of the relevant local government.
Article 4(Composition and operation of the Committee) #
(1) The Committee shall be comprised of at least 7 but not more than 9 members, and the chairperson shall be elected from among the members.
(2) Members shall be appointed or commissioned by the heads of affiliated institutions from among the following persons who have abundant knowledge and experience, and at least 1/2 of all members shall be external members:
1. A person in charge of personnel affairs and affairs related to labor-management relations at an affiliated institution;
2. A person qualified as a judge, prosecutor, attorney-at-law, or certified public labor attorney;
3. A person with at least 5 years of work experience in labor relations;
4. A person who holds a position of professor, associate professor, assistant professor, or higher in the fields of law, public administration, business administration, or labor-related fields, etc. at a university or college.
(3) A member of the Committee who is not a public official shall be deemed a public official for purposes of applying penalty provisions under the Criminal Act or other statutes.
(4) Other matters necessary for the terms of office of members, operation of the Committee, meeting procedures, etc. shall be prescribed by Presidential Decree.
Article 5(Application for determination as dismissed public officials) #
(1) A person seeking recognition as a dismissed public official, etc. (including the survivor under Article 3 (1) 2 of the Public Officials Pension Act, if the dismissed public official is deceased; hereinafter referred to as "applicant") shall submit a written application to the Committee, along with relevant supporting documents, as prescribed by Presidential Decree.
(2) Application under paragraph (1) shall be filed within 3 months from the date this Act enters into force; provided, if extenuating circumstances prevent filing of an application within the application period, the period may be extended by up to 3 months, as prescribed by Presidential Decree.
Article 6(Deliberation and determination by the Committee) #
(1) The Committee shall deliberate and decide on the matters referred to in the subparagraphs of Article 3 (2) within 3 months of receiving an application under Article 5; provided, if a good reason prevents deliberation or determination within the period, the Committee may extend the period of deliberation and determination only once by its decision, for up to 3 additional months.
(2) Matters necessary for the procedures for deliberation and determination, extension of the period, etc. under paragraph (1) shall be prescribed by Presidential Decree.
Article 7(Service of written determination) #
(1) The Committee shall serve an authentic copy of the written determination on the applicant within 30 days from the date of its decision under Article 6.
(2) The provisions of the Civil Procedure Act governing service shall apply mutatis mutandis to the service of the written determination under paragraph (1).
Article 8(Re-deliberation) #
(1) An applicant who has an objection to a determination made by the Committee under Article 6 (1) shall file an application for re-deliberation with the Committee within 30 days of being served with an authentic copy of the written determination.
(2) The Committee shall re-deliberate and make a determination within 30 days of receiving an application for re-deliberation under paragraph (1); provided, if a good reason prevents a determination within such period, the Committee may extend the period only once by its decision, for up to 30 additional days.
(3) Articles 6 and 7 shall apply mutatis mutandis to the re-deliberation of the Committee and the service of the written determination, respectively.
Article 9(Fact-finding surveys) #
(1) In order to deliberate and decide on matters referred to in the subparagraphs of Article 3 (2), the Committee may hear testimony or statements from applicants, witnesses, or expert witnesses, or, if deemed necessary, conduct verification or investigation, and may request the heads of relevant agencies to provide necessary cooperation.
(2) Upon receiving the request for cooperation under paragraph (1), the heads of relevant agencies shall comply with such request unless there is a compelling reason not to do so.
Article 10(Notification of determination as dismissed public officials) #
(1) If the Committee makes a decision on the matters referred to in the subparagraphs of Article 3 (2) pursuant to Articles 6 and 8, it shall notify the head of the affiliated institution of the dismissed public official, etc. of the details of such decision within 30 days from the date of the decision. In such cases, the Committee's notification of persons eligible for reinstatement shall also include career records under Article 3 (2) 3.
(2) Upon receiving the Committee's notification of the decision, the head of the affiliated institution maintaining the personnel records, etc. of the dismissed public official, etc. shall cancel the records according to the following classifications:
1. For a dismissed public official, personnel records on the removal, dismissal, automatic retirement, ex officio dismissal, or termination of contracts for the reasons referred to in the items of subparagraph 1 of Article 2;
2. For a disciplinary public official, disciplinary records related to the reasons referred to in the items of subparagraph 1 of Article 2 among the personnel records.
Article 11(Reinstatement and employment of dismissed public officials) #
(1) Upon receiving notification under Article 10 (1), the head of the affiliated institution shall reinstate a person eligible for reinstatement falling under Article 3 (2) 2 within 3 months of receiving such notification; provided, in cases of a person who meets the grounds for disqualification referred to in Article 33 of the State Public Officials Act or Article 31 of the Local Public Officials Act for reasons related to public officials' labor union activities, reinstatement shall occur within 3 months from the date such grounds cease to exist.
(2) A dismissed public official reinstated pursuant to paragraph (1) shall be employed at the same class or equivalent rank held at the time of his or her dismissal from office.
(3) Procedures for employing dismissed public officials under paragraph (2), any quota, and other necessary matters shall be prescribed by Presidential Decree.
Article 12(Prohibition of disadvantageous treatment) #
No public official determined to be a dismissed public official, etc. pursuant to this Act shall be subjected to any disadvantageous personnel disposition or treatment and denial of rewards on the grounds that he or she engaged in public officials' labor union activities.
Article 13(Special cases concerning restrictions on retirement benefits) #
(1) If a person determined to be dismissed public official under this Act, who has exceeded the retirement age as at the time this Act enters into force, is receiving reduced retirement benefits pursuant to Article 64 (1) 2 of the Public Officials Pension Act (referring to the Act before the full amendment to the Public Officials Pension Act (Act No. 15523)), the full amount shall be paid beginning with the retirement benefits paid after this Act enters into force (referring to the survivors' pension if a retired public official dies and his or her bereaved family member is receiving a survivors' pension); provided, as for a person who has received a lump-sum retirement pension, lump-sum retirement pension after deductions, or lump-sum payment on retirement reduced pursuant to the Public Officials Pension Act at the time of retirement, the reduced portion shall be paid in a lump sum within 6 months from the date a decision to recognize him or her as a dismissed public official pursuant to Articles 6 through 8 is served on the applicant.
(2) The State and local governments shall provide additional financial resources necessary to pay retirement benefits pursuant to paragraph (1).
(3) Matters necessary for the methods, procedures, etc. for the payment of retirement benefits under paragraph (1) shall be prescribed by Presidential Decree.
Article 14(Special cases concerning recognition of career during dismissal period) #
(1) Notwithstanding the provisions of other statutes or regulations regarding the recognition of career experience as public officials, the period during which a dismissed public official appointed pursuant to this Act has engaged in the activities of a labor union established pursuant to the Act on the Establishment and Operation of Public Officials' Labor Unions (referring to the period from October 17, 2007 to October 19, 2009, and from March 26, 2018 to the date this Act enters into force), shall be recognized as a career experience (career experience necessary for promotion or determination of salary grade) in the grade or equivalent rank held at the time of his or her dismissal from office.
(2) Necessary matters, such as procedures for reflecting career experience recognized pursuant to paragraph (1), shall be prescribed by Presidential Decree.
Article 15(Special cases concerning aggregation and inclusion of period of service) #
(1) Notwithstanding the main clause of Article 26 (2) of the Public Officials Pension Act, if a dismissed public official appointed pursuant to this Act intends to aggregate his or her tenure of service prior to dismissal pursuant to that Act, he or she shall return to the Government Employees Pension Service the amount of retirement benefits he or she actually received at the time of his or her retirement, plus interest prescribed in the Enforcement Decree of that Act.
(2) Notwithstanding Article 25 of the Public Officials Pension Act, a dismissed public official whose career has been recognized pursuant to Article 14 (1) may include the relevant period in the total service period. In such cases, a person whose career is included in the period of service pursuant to the former part shall pay retroactive contributions equivalent to the contribution for the relevant month, starting from the month immediately following the month which includes the date on which the Government Employees Pension Service approves the inclusion.
(3) The period of dismissal to be included in the period pursuant to paragraph (2) shall not count toward the payment of retirement allowances under subparagraph 4 of Article 28 of the Public Officials Pension Act, and Article 13 (3) of the Addenda to the Public Officials Pension Act as wholly amended by Act No. 15523 shall apply mutatis mutandis to the calculation of the pension amount for the period of dismissal to be included in the period of dismissal.
(4) Matters necessary for the methods of aggregating or including service periods under paragraphs (1) and (2), procedures for filing applications, calculation of retirement benefits, etc. shall be prescribed by Presidential Decree.