Article 1(Purpose) #
The purpose of this Decree is to prescribe matters delegated by the Special Act on the Reinstatement of Dismissed Public Officials in Relation to Public Officials' Labor Unions and matters necessary for the enforcement thereof.
Article 2(Matters subject to deliberation and decision by the Deliberation Committee on Reinstatement and Honor Restoration of Dismissed Public Officials, etc.) #
"Matters prescribed by Presidential Decree" in Article 3 (2) 4 of the Special Act on the Reinstatement of Dismissed Public Officials in Relation to Public Officials' Labor Unions (hereinafter referred to as the "Act") means the following:
1. Fact-finding surveys, etc. under Article 9 of the Act;
2. Other matters referred to meetings by the chairperson (hereinafter referred to as the “chairperson”) of the Deliberation Committee on Reinstatement and Honor Restoration of Dismissed Public Officials, etc. under Article 3 of the Act (hereinafter referred to as the "Committee"), as deemed necessary to be deliberated on in relation to the reinstatement of dismissed public officials and disciplinary public officials (hereinafter referred to as "dismissed public officials, etc.") and restoration of their honor.
Article 3(Duties of chairperson) #
(1) The chairperson of the Committee shall represent the Committee and exercise general supervision over its affairs.
(2) When the chairperson is unable to perform his or her duties due to any unavoidable reason, a member designated in advance by the chairperson shall act on his or her behalf.
Article 4(Meetings of the Committee) #
(1) The chairperson shall convene and preside over meetings of the Committee.
(2) Any decision of meetings of the Committee shall require the attendance of at least 2/3 of the members and the concurring vote of a majority of those present.
Article 5(Term of office of Committee members) #
The term of office of commissioned members under Article 4 (2) of the Act among the members of the Committee shall be 2 years, and they may be reappointed only twice.
Article 6(Exclusion of, challenge to, and recusal of, Committee members) #
(1) If a member of the Committee falls under any of the following subparagraphs, he or she shall be excluded from deliberation and determination on a relevant agenda item:
1. Where the member is or was a relative of a party to the agenda item;
2. Where the member has given testimony, appraisal, or legal advice on the agenda item;
3. Where the member or a public institution, corporation, organization, etc. to which the member belongs is or was involved in the agenda item as an agent of a party to the item.
(2) If the circumstances indicate that it would be impracticable to expect fair deliberations and determinations by a member of the Committee, any party to an agenda item subject to deliberation or determination by the Committee may file a motion for challenge to the member with the Committee, and the Committee shall decide whether or not to accept the motion by resolution. In such cases, the challenged member shall not participate in the resolution.
(3) If a member of the Committee falls under any of the grounds for exclusion referred to in the subparagraphs of paragraph (1), he or she shall recuse himself or herself from deliberation and determination on the relevant case.
Article 7(Dismissal of Committee members) #
If a member of the Committee falls under any of the following cases, the head of an affiliated institution under Article 3 (1) of the Act (hereinafter referred to as "affiliated institution") may dismiss the relevant member:
1. Where he or she is incapable of performing his or her duties due to mental or physical disability;
2. Where he or she has committed any misconduct in connection with his or her duties;
3. Where he or she is deemed unsuitable as a member due to neglect of duties, injury to dignity, or any other cause;
4. Where he or she fails to recuse himself or herself despite falling under any of the grounds for exclusion referred to in each subparagraph of Article 6 (1);
5. Where the member voluntarily admits that it is difficult for him or her to perform the duties.
Article 8(Allowances) #
(1) Allowances and travel expenses may be paid to members attending the Committee within the budget; provided, if a member who is a public official attends committee meetings in direct connection with his or her duties, no payment shall be made.
(2) Travel expenses and actual expenses may be paid to a witness or an expert witness who has appeared in the Committee, etc. pursuant to Article 9 (1) of the Act, within the budget.
Article 9(Deliberation and determination by personnel committees of local governments) #
If the personnel committee of a relevant local government deliberates on and determines matters referred to in the subparagraphs of Article 3 (2) of the Act in lieu of the Committee pursuant to Article 3 (3) of the Act, Article 6 shall apply to the exclusion of, challenge to, or recusal of, members from the agenda item.
Article 10(Application for determination as dismissed public officials) #
(1) A person seeking recognition as a dismissed public official, etc. pursuant to Article 5 (1) of the Act shall submit an application for determination as a dismissed public official, etc. in Appendix 1 to the Committee, along with the following documents or data:
1. A career certificate as a public official;
2. An explanatory note specifying the grounds for dismissal or disciplinary action, along with relevant data such as a written resolution, appeals review committee decision, or court judgment;
3. If he or she is receiving or has received retirement benefits under the Public Officials Pension Act (referring to survivors’ benefits where the dismissed public official has passed away and his or her bereaved family is receiving these benefits; hereinafter the same shall apply), a pension certificate proving such fact and other relevant data;
4. Data on records of family relationship (only required if a bereaved family member applies);
5. A letter of selection of the representative of bereaved family members in Appendix 2 (applicable only where the application is filed by the representative of bereaved family members under paragraph (2) 2);
6. Other data proving the applicant’s status as a dismissed public official, etc.
(2) If the survivor under Article 5 (1) of the Act intends to receive notification of the decision as a dismissed public official, he or she shall file an application in the following order:
1. A person who receives survivors’ benefits under the Public Officials Pension Act;
2. If there is no person falling under subparagraph 1, a survivor in priority order under Article 31 of the Public Officials Pension Act shall file the application, and if there are 2 or more survivors in the same priority order, the representative of survivors determined in accordance with the letter of selection of the representative of survivors in Appendix 2.
(3) A person who is unable to apply for determination as a dismissed public official, etc. by July 13, 2021 pursuant to the proviso of Article 5 (2) of the Act due to any unavoidable reason, shall prepare and submit a written reason for extension of the period for application for determination as a dismissed public official, etc. to the Committee by September 30, 2021.
(4) Upon receiving the documents submitted under paragraph (3), the Committee may extend the application period until October 13, 2021, if the reason for extension is deemed reasonable. In such cases, the Committee shall notify the applicant of the extended period without delay.
(5) If the Committee identifies any deficiencies in the documents submitted pursuant to paragraphs (1) and (3), it may request supplementation within a specified period.
Article 11(Deliberation and determination by the Committee and service of written determination) #
(1) Pursuant to Article 9 (1) of the Act, the Committee may request the head of an affiliated institution to inquire of the Public Officials Pension Service established under the Public Officials Pension Act (hereinafter referred to as the "Service") about matters related to public officials' career experience, etc.
(2) If the Committee intends to extend the deliberation and determination period pursuant to the proviso of Article 6 (1) of the Act, it shall notify the parties to the relevant agenda item at least 10 days before the expiration of the original period of such fact in accordance with the written notice of extension of the deliberation and determination period for dismissed public officials, etc. in Appendix 4.
(3) Pursuant to Article 7 (1) of the Act, the Committee shall serve a written notice of a determination as dismissed public official, etc. as specified in Appendix 5 on the applicant, along with an authentic copy of the written determination.
Article 12(Application for re-deliberation) #
(1) A person who intends to apply for re-deliberation pursuant to Article 8 (1) of the Act shall submit to the Committee an application for re-deliberation on the determination as a dismissed public official, etc. in Appendix 7, along with supporting data proving the grounds for the application.
(2) If the Committee decides to extend the period of re-deliberation and determination pursuant to the proviso of Article 8 (2) of the Act, it shall notify the parties to the relevant agenda item at least 10 days before the expiration of the original period of the extension in accordance with the written notice of extension of the period of re-deliberation and determination on dismissed public officials, etc. in Appendix 4.
Article 13(Notification of decision by the Committee) #
(1) When notifying the head of an affiliated institution of the details of the decision pursuant to Article 10 (1) of the Act, the Committee shall specify the measures that the head of the affiliated agency shall take in accordance with the decision regarding a dismissed public official, etc.
(2) The head of an affiliated institution shall notify the Service of the matters he or she was notified of by the Committee pursuant to Article 10 (1) of the Act and other matters necessary for the payment of retirement benefits to the relevant dismissed public official.
Article 14(Reemployment and personnel management of dismissed public officials) #
(1) The reemployment of dismissed public officials under Article 11 (2) of the Act shall be conducted through competitive recruitment examinations, etc. for career service positions under the main clause and the proviso, with the exception of the subparagraphs of, Article 28 (2) of the State Public Officials Act (including reemployment prescribed by statutes or regulations governing personnel management pursuant to Article 2 (4) of that Act) and through career-based competitive examinations, etc. for appointment under the main clause and proviso, with the exception of the subparagraphs of, Article 27 (2) of the Local Public Officials Act (including appointment prescribed by statutes or regulations governing personnel affairs pursuant to Article 2 (4) of that Act).
(2) A dismissed public official reemployed pursuant to Article 11 (2) of the Act (hereafter in this Article referred to as "reemployment") shall be exempted from various examinations and physical examinations prescribed in statutes or regulations governing public officials’ personnel affairs.
(3) Notwithstanding statutes or regulations governing public officials’ personnel affairs, any provisions requiring reemployment of persons who had served for at least a certain period of time at the intended position for appointment and for whom a certain period of time has not elapsed since retirement as public officials shall not apply to the reemployment of dismissed public officials.
(4) If a public official in technical service, contractual service, or extraordinary civil service under the previous State Public Officials Act (before being partially amended by Act No. 11530) or the Local Public Officials Act (before being partially amended by Act No. 11531) who was in service at the time of dismissal is reemployed, he or she shall be reemployed as a public official as follows, notwithstanding statutes or regulations governing public officials’ personnel affairs. In such cases, if he or she is reemployed as a public official in a fixed term position pursuant to subparagraph 2, his or her service period shall be the remainder of the original contract period specified in the employment contract entered into at the time of the dismissal (excluding any period recognized as career experience during the dismissal period under Article 14 of the Act):
1. A public official in technical service: A public official belonging to the management and operation job family at an equivalent class, reflecting changes in the classification of public officials and other relevant matters after dismissal; provided, if no equivalent class exists in that category, he or she shall be reemployed in general service, instead of in the management and operation job family;
2. A public official in contractual service: A public official in fixed term, general service position at a class or position corresponding to his or her position at the time of dismissal;
3. A public official in extraordinary civil service: A public official in extraordinary civil service or in general service at a class, position, or grade corresponding to his or her position at the time of dismissal according to the following classification:
(a) A public official in extraordinary civil service who performed assistant duties, such as a secretary, at the time of dismissal: A public official in extraordinary civil service;
(b) A public official in extraordinary civil service (including public officials designated as those in extraordinary civil service pursuant to statutes or regulations to perform specific duties at the time of dismissal) other than those referred to in item (a): A public official in general service (referring to those appointed to an exclusive position or as professional career officials) or a public official in extraordinary civil service, reflecting changes in the classification of public officials since dismissal, or public officials in extraordinary civil service.
(5) If a public official who was in the period of probationary appointment at the time of dismissal is reemployed, he or she shall be appointed as a regular public official at the intended class for appointment at the time, notwithstanding statutes or regulations governing public officials’ personnel affairs. In such cases, notwithstanding the relevant statutes or regulations, he or she shall be deemed to have undergone the necessary procedures for appointment as a regular public official.
(6) Notwithstanding statutes or regulations governing public officials’ personnel affairs, if a dismissed public official who had not reached the retirement age (referring to the maximum age for service in the case of a public official in extraordinary civil service; hereafter in this paragraph the same shall apply) as of April 13, 2021, but has reached the retirement age at the time of reemployment, his or her appointment shall be deemed to occur one day before his or her retirement date.
(7) During the tenure of a dismissed public official, who has been reemployed (hereinafter referred to as "reinstated public official") at a relevant class, grade, or equivalent grade (if the relevant public official is promoted for continuous service in accordance with statutes or regulations governing public officials’ personnel affairs after appointment, referring to the class or grade to which he or she is promoted; hereafter in this paragraph the same shall apply), the relevant affiliated institution shall be deemed to have a separate personnel quota for such class, grade, or equivalent grade.
(8) Reinstated public officials shall not be subject to the mandatory service period applicable to public officials reemployed through competitive recruitment examinations for career service positions or career-based competitive examinations for appointment, etc. pursuant to statutes or regulations governing public officials’ personnel affairs.
(9) The head of an affiliated institution who intends to promote reinstated public officials for continuous service, may prepare a list of candidates for promotion exclusively for reinstated public officials, notwithstanding statutes or regulations governing public officials’ personnel affairs.
Article 15(Claims for benefits by persons subject to special cases concerning restrictions on retirement benefits) #
(1) The Service shall pay the full amount of retirement benefits pursuant to the main clause of Article 13 (1) of the Act starting from the month immediately following the month in which the date of receiving notification under Article 13 falls. In such cases, any reduced portion of retirement benefits payable from April 2021 to the month in which the date of receiving notification pursuant to Article 13 falls shall be paid in a lump sum when the first full retirement benefit payment is made.
(2) A person who intends to claim a lump-sum retirement pension, lump-sum retirement pension after deductions, or lump-sum payment on retirement pursuant to the proviso of Article 13 (1) of the Act shall submit an application for payment of special retirement benefits in Appendix 8 to the Service, along with the following documents:
1. Where a dismissed public official makes a claim on behalf of himself or herself: A copy of the written determination served by the Committee pursuant to Article 7 of the Act;
2. Where the bereaved family of a dismissed public official makes a claim: The document referred to in subparagraph 1, data on records of family relationship with the dismissed public official, and a letter of selection of the representative of bereaved family members in Appendix 2 (limited to where the representative of the bereaved family under Article 10 (2) 2 applies).
(3) The Service shall calculate the additional financial resources necessary to pay retirement benefits under Article 13 (1) of the Act (hereafter in this Article referred to as "contributions") and notify the affiliated institution of the dismissed public official.
(4) The State and local governments shall reflect the contributions in the budget of each account that appropriates them to the remuneration budget and shall pay such amount to the Service.
(5) If the amount paid by the State or a local government pursuant to paragraph (4) by the end of the relevant fiscal year is less or more than the actual expenses incurred, the difference shall be settled by January 31 of the following year, and if the settlement is not completed by that date, the unpaid amount shall accrue interest based on the highest time deposit rate applied by banks operating nationwide as established under the Banking Act as of January 1 of each relevant year, and such interest shall be compounded each fiscal year.
Article 16(Special cases concerning recognition of career during dismissal period) #
(1) The provisions of statutes or regulations governing public officials’ personnel affairs, which require the recognition of only certain periods of service before appointment under Article 14 (1) of the Act, shall not apply to the period recognized as work experience pursuant to Article 14 (1) of the Act (hereinafter referred to as "dismissal period recognized as work experience").
(2) In the case of the dismissal period recognized as work experience, during which no work performance evaluation was conducted, the average of the 2 work experience evaluations conducted immediately before the first performance valuation after employment shall be deemed the evaluation for the relevant period.
(3) The dismissal period recognized as work experience shall be excluded when calculating the education and training hours required for the promotion of a reinstated public official.
Article 17(Special cases concerning aggregation and inclusion of service period) #
(1) If a reinstated public official intends to aggregate his or her service period prior to dismissal pursuant to Article 15 (1) of the Act or to include his or her dismissal period recognized as work experience in the total service period pursuant to Article 15 (2), he or she shall submit to the Service an application for aggregation or inclusion, covering the period from the date of appointment pursuant to Article 11 of the Act to the day before retirement (If he or she is appointed under Article 14 (6), referring to the period before claiming retirement benefits; in such cases, the application shall be deemed submitted at the time of such appointment).
(2) Upon receiving an application under paragraph (1), the Service shall determine whether to aggregate the period of service or include the dismissal period recognized as work experience in the total service period and notify the reinstated public official and the head of the agency responsible for pensions under Article 11 of the Enforcement Decree of the Public Officials Pension Act the results of this determination.
(3) If the service period prior to dismissal is aggregated under paragraph (1), retirement benefits payable after the enforcement date of the Act shall not be reduced due to the grounds prescribed in the items of subparagraph 1 of Article 2 of the Act.
(4) The retroactive contributions referred to in the latter part of Article 15 (2) of the Act (hereafter in this Article referred to as "retroactive contributions") may be paid in full at the request of the public official himself or herself, and if the public official paying retroactive contributions retires or dies, only the portion of the dismissal period recognized as work experience equivalent to the retroactive contributions paid before the date on which a decision is made to grant retirement benefits shall be included in the period of service of the public official.
(5) If the payment of retroactive contributions is completed or where the relevant public official retires or dies while making the payment of retroactive contributions, the Service shall notify the National Pension Service of the specified period to be included in the period of service pursuant to Article 15 (2) of the Act.
Article 18(Public announcement) #
The head of a central personnel management agency under each subparagraph of Article 6 (1) of the State Public Officials Act, the competent Minister defined in each item of subparagraph 3 of Article 2 of the Decree on the Appointment of Public Officials, and the head of a local government under Article 6 (1) of the Local Public Officials Act shall make a public announcement of the following matters in the Official Gazette by April 30, 2021; and may also publicly announce such matters through daily newspapers, websites, broadcasting, etc.:
1.Eligibility criteria and qualifications for persons applying for determination as dismissed public officials, etc. under Article 5 (1) of the Act;
2. Institutions responsible for receiving applications and the required documents;
3. Application period;
4. Procedures for the deliberation and determination on dismissed public officials, etc.;
5. Other matters necessary for the application for, deliberation and determination, etc. on the dismissed public official, etc.
Article 19(Processing of personally identifiable information) #
The Committee may process data containing resident registration numbers under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act to deliberate and decide on matters under Article 3 (2) of the Act.