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Laws of the Republic of Korea |
[Enforcement Date: Mar. 14, 2008] [Act No. 8889, Mar. 14, 2008, Partial Amendment] Ministry of Education, Science and Technology (Teacher Policy Planning Division) Tel.: 02-2100-6310
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to provide for the special cases of both the State Public Officials
Act and the Local Public Officials
Act that shall apply to the public education officials in
respect to qualifications, appointment, salary, study and training, status
guarantee, etc., upon
taking into account the special character of their duties and responsibilities of serving the
entire nation
through education.
Article 2 (Definitions)
(1) The term "public education official" used in this Act means any person who applies to
any of the following subsections:
1. Teaching staff and teaching assistants who are employed in educational institutions;
2. Supervisory officials or school inspectors who are employed in educational
administrative agencies; and
3. Educational researchers or educational research workers who are employed in
educational institutions, educational administrative
agencies, or educational research
institutes.
(2) The term "educational institutions" used in this Act means national or public schools or
institutions which apply to any of
the following subsections:
1. Kindergartens as prescribed in subsection 2 of Article 2 of the Early Childhood
Education Act, and various levels of schools as
prescribed in Article 2 of the Elementary
and Secondary Education Act and Article 2 of the Higher Education Act;
2. Training institutes as prescribed in Article 39 (1); and
3. Educational training institutes such as student training institutes which are established
under the laws and regulations or municipal
ordinances related to education.
(3) The term "educational administrative agencies" used in this Act means the Ministry of
Education,
Science and Technology, its affiliated organizations, and the government offices
of education of the Seoul Special Metropolitan
City, the Metropolitan Cities, or the Dos
(hereinafter referred to as the "City/Do").
(6) The term "position" used in this Act means the duties and responsibilities which may be
granted to a public education official.
(7) The term "change of post" used in this Act means the employment which changes the
classification and qualification of a public
education official.
(8) The term "transfer" used in this Act means the employment which changes one's place of
work or post under
the same position and qualification of a public education official.
(9) The term "reinstatement" used in this Act means a return
to the former position of a
public education official who is in leave of absence from office, in cancellation of official
position,
or in suspension.
(10) The term "demotion" used in this Act means the assignment to a lower position within
the same type duties.
CHAPTER II PERSONNEL COMMITTEE OF PUBLIC EDUCATION
OFFICIALS
Article 3 (Establishment of Personnel Committee)
(1) A personnel committee of public education officials (hereinafter referred to as the
"personnel committee") shall be established
in the Ministry of Education, Science and
Technology to comply with the consultation of the Minister of Education, Science and
Technology (hereinafter referred to as the "Minister") on the important matters concerning
the personnel affairs of the public education
officials (excluding the public education
officials who are working at public universities/colleges; hereafter the same shall apply
up
to Article 4).
(3) The Vice Minister of Education, Science and Technology shall be the chairperson of the
personnel committee, and the members
shall be commissioned by the President upon
recommendation by the Minister from those who have seven years or more of teaching
experience or educational administration experience and have profound knowledge in
personnel administration.
Article 4 (Function of Personnel Committee)
The Minister shall refer the matters stated in the following subsections to deliberation by the
personnel committee:
1. Matters concerning decisions on the personnel administration policy and standards for
public education officials and establishment
of the basic plans;
2. Matters concerning enactments, alterations and abolitions of the laws and regulations
related to the personnel affairs of public
education officials; and
3. Other important matters concerning the personnel affairs of public education officials.
Article 5 (University/College Personnel
Committee)
(1) A personnel committee (hereinafter referred to as the "university/college personnel
committee") shall be established
at universities/colleges (including industrial colleges,
colleges of education, junior colleges, and air and correspondence universities,
except
colleges in a university; hereinafter the same shall apply) to deliberate on the approval for
assignment to the position
of the vice president of the university/college, the head of the
graduate school, or the deans of colleges, approval for the appointment
of professors,
associate professors, assistant professors, or full-time lecturers, and important matters
concerning the personnel
affairs of other teaching staff of the university/college.
CHAPTER III QUALIFICATIONS
Article 6 (Qualifications of Teacher)
Teachers shall have qualifications according to the provisions of Article 21 (2) of the
Elementary and Secondary Education Act.
Article 7 (Qualifications for Principal, Vice-Principal, etc.)
A principal, a vice-principal, a head or a supervisor of the children's
educational institution
shall have qualifications according to the provisions of Article 21 (1) of the Elementary and
Secondary
Education Act.
A professor, an associate professor, an assistant professor, a full-time lecturer, or a teaching
assistant shall have qualifications
according to the provisions of Article 16 of the Higher
Education Act.
Article 9 (Qualification of Officers Specializing in Education)
A supervisory official, an educational researcher, a school inspector,
or an educational
research worker shall have qualifications applicable to the qualification standard as stated in
the attached
Table 1.
CHAPTER IV APPOINTMENT
Article 10 (Principle of Appointment)
(1) Public education officials shall be appointed pursuant to their qualifications, results of
reeducation, service records, and
actual proof of other capabilities.
(2) In appointing public education officials, equal opportunities for appointment by their
capabilities shall be given to those who are qualified as teachers and desire to be appointed.
Article 10-2 (Foreign Faculty Members)
A university/college may appoint foreigners as its faculty members for teaching or research
purposes.
[This Article Newly Inserted by Act No. 5717, Jan. 29, 1999]
Article 10-3 (Restriction on Appointment)
(1) Any person who has been dismissed or removed from office on the grounds applicable to
the following subsections while a person
having appointment authority is employed as a
teacher at a public school under this Act or a teacher at a private school under the
Private
School Act shall not be newly appointed or specially appointed as a teacher of various levels
of schools not higher than
high schools: Provided, that this shall not apply where the
disciplinary committee for public education officials referred to in
Article 50 (1) has passed
a resolution determining that such person is able to perform his/her duties as a teacher upon
taking
into account the degree of regret, etc. of the relevant teacher:
1. Activities of sexual crimes against juveniles referred to in Article 2 of the Act on the
Punishment of Sexual Crimes and Protection
of Victims Thereof;
2. Activities of receiving money and other valuables;
3. Corrupt activities in relation to students' school record such as disclosing exam
questions or fabrication of school records,
etc.; or
4. Activities of physical violence against students.
(2) The resolution of the disciplinary committee for public education officials
referred to in
the proviso of section (1) shall require two thirds of the registered members and consenting
volts of the majority
of the present members.
[This Article Newly Inserted by Act No. 8889, Mar. 14, 2008]
Article 11 (New Appointment of Teachers, etc.
(1) New appointment of teachers shall be made by open screening tests.
(2) In conducting the open screening test under section (1), matters necessary for age
requirements and other qualifications necessary
for performing their respective duties and
other matters concerning the conducting of the test such as the procedures, methods,
and
evaluation factors shall be determined by Presidential Decree.
(3)
(4) In appointing new faculty members, universities/colleges shall avoid attaching excessive
importance to those candidates who
have acquired bachelor's degrees from a specific
university/college, and the detailed ratio of such appointees to others shall be
prescribed by
Presidential Decree.
[This Article which was declared unconstitutional in the Constitutional Court on Oct. 8,
1990 is revised by Act No. 4304, Dec. 31,
1990]
Article 11-2 (Additional Points in Appointment Examination)
In the open screening test conducted pursuant to the provisions of Article
11 (1), the person
having appointment authority may give any applicant who applies to the attached Table 2
additional points of
up to 10/100 of the full points of the primary examination.
[This Article Newly Inserted by Act No. 7223, Oct. 15, 2004]
[The previous
Article 11-2 has moved to Article 11-3
(2) When the appointment period of the teacher appointed pursuant to the provisions of
section (1) is to expire, the person having
appointment authority shall give a notice
(referring to a notification in writing; hereafter in this Article the same shall apply)
not later
than four months prior to the expiration date of the appointment period to the relevant
teacher of the fact that his/her
appointment period is to be expired and that he/she may apply
for reappointment.
1. Matters concerning education of students;
2. Matters concerning academic research; and
3. Matters concerning guidance for students.
(6) Where the teacher whose reappointment has been refused intends to file an objection
against the disposition of refusing reappointment, he/she may file within 30 days from the
date of becoming aware of such disposition
an application for examination with the
Teacher's Appeal Examination Committee as prescribed in Article 7 of the Special Act on
the Improvement of Teachers' Status.
[This Article Newly Inserted by Act No. 5717, Jan. 29, 1999]
[This Article has been moved from Article 11-2, and the previous Article
11-3 has been
moved to Article 11-4
(1) The State and local governments shall formulate and implement policies necessary for
the promotion of equal opportunities for
both genders in appointing the faculty members of
universities/colleges.
(2) The heads of universities/colleges (referring to the schools under subsections 1 through 3
and 5 of Article 2 of the Higher
Education Act; hereafter the same shall apply in this
Article) shall formulate and implement every three years such plans as necessary
for the
implementation of positive measures, including appointment plans which specify
appointment target ratio by a department,
so as not to attach excessive importance to a
specific gender in appointing the faculty members of their schools. In this case,
the
performance record of the relevant promotion shall be reported each year to the Minister.
[This Article Newly Inserted by Act No. 6932, Jul. 25, 2003]
[This Article has moved from Article 11-3
(1) In the cases applicable to any one of the following subsections, the persons to be
appointed may be specially appointed as prescribed
by Presidential Decree: 1. Where a public education official ,who has retired due to the expiration of the period of
leave of absence for reasons stated
under Article 44 (1) 1 or who has retired on account
of the reasons under Article 70 (1) 3 of the State Public Officials Act or
Article 62 (1) 3
of Local Public Officials Act, is appointed as a public education official for a post
equivalent to the post at
the time of his/her retirement within two years after his/her
retirement, or when a public education official who has retired from
office to become a
State or local public official in general services is appointed as a public education
official for a post equivalent
to the post at the time of his/her retirement;
2. Where a person who has research achievements corresponding to the designated post for
employment or who has not less than three
years of service record is appointed;
3. Where a person who is to work in a special area such as an island or a remote place
where filling vacancies by a competitive examination
is difficult, or a person who is to
teach special subjects is appointed;
4. Where it is not appropriate to appoint, by competitive examination, a public official who
has educational experience, educational
administrative experience or research
experience; and
5. Where a teacher who is employed in a private school is appointed as a public education
official.
(2) Anyone who was discharged from office on account of the reasons under Article 70 (1) 3
of the State Public Officials Act or
Article 62 (1) 3 of the Local Public Officials Act may be
specially appointed with priority as provided by Presidential Decree.
Promotion of public education officials to a certain post shall be implemented among the
persons of subordinate levels under such
post who are engaged in the same type of duties,
based on the actual evidence of evaluation of his/her experience, record of his/her
reeducation, his/her service record, or other abilities as provided by Presidential Decree.
Article 14 (List of Eligible Candidates
for Promotion)
(1) The person having appointment authority or the person having recommendation
authority of a public education
official shall prepare and maintain a list of eligible
candidates for promotion in accordance with their standings and qualifications
pursuant to
the provisions of Article 13 and the conditions as prescribed by the Presidential Decree.
(2) In appointing the promotion of public education officials, the public education officials
within the limit of triple the number
of the vacant positions shall be promoted or shall be
recommended for promotions in the order of highest ranking in the list of
eligible candidates
for promotion: Provided, that this shall not apply where a person who has special
qualifications prescribed
by Presidential Decree is promoted or is recommended to be
promoted.
Article 15 (Special Promotion of Excellent Public Education Officials, etc.)
(1) In the event that a public education official applies
to any of the following subsections
and has superior certificates of qualifications or satisfies the qualification standards, such
official may be specially promoted, notwithstanding the provisions of Articles 13 and 14:
Provided, that where a public education
official applies to subsections 4 or 5, such official
may be specially appointed for promotion, even if that person does not possess
the
certificate of qualification or satisfy the qualification criteria: 1. An educator who is a person of respectable personality and ingenuity, and who is a
model to other public education officials in
the reform of the educational culture by
diligently attending to his/her duties with an upright and consistent spirit of service;
2. A person who is outstanding in his/her ability to perform his/her duties such as teaching,
guidance, and research, and has made
a great contribution to the development of
education;
3. A person who has made remarkable achievement in the development of the
administrative operation such as reducing expenditures
in the budget by adopting and
executing proposals as prescribed in Article 53 of the State Public Officials Act or
Article 78 of
the Local Public Officials Act;
4. When a person who has rendered remarkable services while in office is honorably retired
pursuant to the provisions of Article
74-2 of the State Public Officials Act or Article 66-
2 of the Local Public Officials Act; and
5. When a person who has rendered great services while in office dies in the line of public
duty.
(2) Requirements for the special promotion and other necessary matters under section (1)
shall be prescribed by Presidential Decree.
Article 16 (Physical Examination)
When public education officials are newly appointed, a physical examination shall be made
as provided by Presidential Decree, and
a person having appointment authority or the person
having recommendation authority shall not appoint or recommend appointment of
any
person who does not satisfy the passing standards of the physical examination.
Article 17 (Principles of Management of Assignment
of Position)
(1) The persons having appointment authority or the persons having recommendation
authority shall grant the public
education officials under his/her control certain posts
corresponding to their qualifications excluding the cases separately prescribed
by other laws
and regulations.
(2) In the event of assigning posts to the public education officials under the person having
appointment authority, they shall
be appointed to the competent posts upon taking into
consideration their qualifications, major fields, reeducation experiences,
service records, and
aptitudes
Article 18 (Holding Concurrent Positions)
(1) The public education officials, public officials in general service, other specified
officials, or other officers or staff of
the related educational institutions, research institutes,
or other related administrative agencies or associations prescribed by
Presidential Decree
may be appointed to hold concurrent positions, as provided by Presidential Decree, where
the posts and job
specifications of them are similar and where it is recognized that there
shall be no trouble in performing their duties.
(2) In the event that a public education official is appointed to hold concurrent positions
pursuant to the provisions of section
(1), that person shall meet the qualification standards or
have the certificate of qualification as prescribed in Article 9 of this
Act or Article 21 (1)
and (2) of the Elementary and Secondary Education Act, and Article 16 of the Higher
Education Act.
(1) Any of the professors, associate professors, assistant professors and full-time instructors
as prescribed in Article 14 (2)
of the Higher Education Act may concurrently hold a position
as an outside director (referring to a director who is not engaged
in the business affairs of
the relevant corporation under Article 2 (19) of the Capital Market and Financial Investment
Business
Act) of a private corporation in the commercial, industrial or financial business, or
of other profit-making business, with the
permission of the head of the school whereto they
belong, within the extent of not interfering with the education and guidance of
the students
and academic researches.
(2) Matters necessary for detailed standards, methods and procedures of the permission
under section (1) shall be prescribed by
the Presidential Decree.
[This Article Newly Inserted by Act No. 6741, Dec. 5, 2002]
Article 20 (Interchange of Personnel)
The positions of the public education officials who are employed in junior colleges and
secondary schools may be interchanged or
transferred with each another.
Article 21 (Restriction on Change of Position, etc.)
The person having appointment authority or the person having recommendation
authority of
a public education official shall not take the personnel measures such as the change of the
position or the place
of work within one year after the public education official belonging to
his/her office has been appointed to the position concerned,
excluding the cases applicable
to any of the following subsections:
1. Where there is a restructuring of the organization, an alteration or abolition of the
organization of an office, or an alteration
of the quota;
2. Where such change of the position or the place of work is caused by the promotion or
demotion of the relevant public education
official; and
3. Where there are any other special grounds prescribed by Presidential Decree.
Article 22 (Placement of Teaching Staff in Educational
Training Institute, etc.)
Where deemed necessary for education, professional survey or research on education, the
Minister or the
Superintendent of the Office of Education may place teaching staff in the
educational training institute or educational research
institute as prescribed in Article 2 (2) 3.
(2) Teachers placed in the City/Do educational administrative agencies pursuant to the
provisions of section (1) shall take charge
of education at schools designated by the heads of
their affiliated agencies, and receive guidance and supervision from the heads
of the schools.
[This Article Newly Inserted by Act No. 6710, Aug. 26, 2002]
Article 23 (Personnel Record)
The head of an educational institution, educational administrative agency, or educational
research institute shall prepare, maintain,
and keep the personnel records of the public
education officials belonging thereto as provided by the Ordinance of the Ministry
of
Education, Science and Technology.
(2) Matters necessary for the establishment and operation of the system as prescribed in
section (1) shall be prescribed by Presidential
Decree.
[This Article Newly Inserted by Act No. 6741, Dec. 5, 2002]
Article 24 (Appointment of Head of University/College)
(1)
The head of a university/college (excluding a public university/college; hereinafter the
same shall apply up to Article 27) shall
be appointed by the President upon the request of
the Minister after receiving recommendation from the university/college concerned.
Where
the head of a newly established university/college is appointed, or where a person who holds
office as the dean is appointed
as the president of the university/college concerned, or a
person who holds office as the president becomes appointed as the dean
of the
university/college concerned during his/her term of office on account of the change of the
title of the head of the university/college
concerned, he/she shall be appointed by the
President upon recommendation from the Minister.
(2) Where the Minister intends to recommend the appointment of the head of a
university/college to the President as prescribed in
sections (1) and (6), he/she shall undergo
consultation with the personnel committee.
(3) The Recommendation Committee for Appointment of Head of University/College
(hereinafter referred to as the "Committee") shall
be established in a university/college for
the purpose of recommendation of the appointment for the head of the university/college
as
prescribed in the text of section (1). 1. Selection by the Committee; and
2. Selection under the methods and procedures agreed by the teaching staff of the relevant
university.
(5) Where the person who is appointed as the head of a university/college during his/her
term of office as part of the teaching
staff in the university/college finishes his/her term
under subsection 1 of Article 28, he/she shall be considered to have returned
to the former
position of the teaching staff, on the next day after the date of expiration of his/her term as
the head of the university/college,
notwithstanding the provisions of Article 25.
(6) Where the relevant university/college fails to recommend the candidate for the head of
the university/college within three months
after the expiration of the term of the head of the
university, notwithstanding the provisions of section (1), the head of the relevant
university/college shall be appointed by the President upon recommendation from the
Minister.
(7) Matters necessary for the organization and operation, etc. of the Committee shall be
prescribed by Presidential Decree, provided
that more than a specific ratio of the members
shall be women. 1. Activities of offering, indicating or promising to offer money, valuables, entertainment,
other property benefits, or public or
private positions to the voters (including the persons
having qualifications for entering to the voters' roster before preparing
the voters roster)
from 180 days prior to the election date of the candidate for the head of the
university/college to the date
of election;
2. Activities provided for in subsection 1 to the persons intending to become a candidate, or
the candidate for the purpose of making
him/her/her not to become a candidate or to
withdraw from the candidacy; and
3. Activities of receiving an offer of benefits or positions provided for in subsection 1 or 2,
consenting to an indication of such
intent, or demanding or arranging such offer.
(2) No person shall perform the activities of visiting the voters door to door or
making such
visits, or gathering at a specific place or making such gathering in connection with the
election for the candidacy
for the head of the university/college.
(3) No person shall publicly announce false facts and slander the candidate by the means
of
speeches, posters, or other methods, in connection with the election for the candidacy for the
head of university/college.
(4) No person shall perform the activities other than those applicable to the following
subsections in connection with the election
for selecting the candidate for the head of the
university/college:
1. Attaching propaganda posters;
2. Distribution of official election reports;
3. Distribution of s small printed materials;
4. Holding joint speech meetings or opened discussion meetings; and
5. Appeals for support via telephones and computer communications.
[This Article Newly Inserted by Act No. 7537, May 31, 2005]
Article
24-3 (Entrustment of Election Affairs for Recommendation of Candidate for
Head of University/College)
(1) In recommending the candidate for the head of a university/college, in the case of direct
elections under the agreed methods
and procedures of the teaching staff of the relevant
university/college according to the provisions of Article 24 (4) 2, the relevant
university/college shall entrust the election management to the Gu/City/Gun election
commission (hereinafter referred to as the
"Gu/City/Gun election commission") as
prescribed in the Election Commission Act, which has jurisdiction over it.
(2) In the case
where the Gu/City/Gun election commission is entrusted with and manages
an election for recommending the candidate for the head
of a university/college under the
provisions of section (1), where the National Election Commission intends to provide the
necessary
matters, such as registration of candidates, election period, election campaigns,
election expenses, voting, ballot counting, etc.
by the regulations of the National Election
Commission as provided for in Article 3 (5) of the Election Commission Act, the National
Election Commission shall consult in advance with the Minister. In this case, the Minister
shall listen to the opinions of each
university/college.
(3) Where the Gu/City/Gun election commission is entrusted with and manages an election
for recommending the
candidate for the head of a university/college according to the
provisions of section (2), the provisions of Article 272-2 of the
Act on the Election of Public
Officials and the Prevention of Election Malpractices and Article 14-2 of the Election
Commission
Act shall apply mutatis mutandis to the control of, investigation of, suspension
of, and warning against the violations pursuant
to this Act.
(4) The relevant university/college may be made to bear the expenses required for the
management of the election for
recommending the candidate for the head of the
university/college.
[This Article Newly Inserted by Act No. 7537, May 31, 2005]
Article 25 (Appointment of Professors, etc.)
(1) A professor or an associate professor shall be appointed by the President through the
Minister upon the recommendation of the
head of the university/college concerned, and the
assistant professor shall be appointed by the Minister upon the recommendation
of the head
of the university/college.
Article 26 (Appointment of Full-time Lecturers and Teaching Assistants)
(1) Full-time lecturers and teaching assistants shall be
appointed by the head of the
university/college concerned.
(1) The vice-president shall be assigned among the professors, and the dean of a graduate
school or a college shall be assigned
among the professors or associate professors, by the
Minister upon the recommendation of the head of the university/college.
(2) Where the head of a university/college intends to recommend the assignment of the
positions of public education officials under
section (1), he/she shall obtain the approval of
the university/college personnel committee concerned.
Article 28 (Term of Head of University/College, etc.)
The terms of office of the president and vice-president of a university/college,
the dean of a
graduate school, and the dean of a college shall be as follows: Provided, that the term of the
appointee under the
latter part of Article 24 (1) or the latter part of Article 55 (1) shall be the
remaining period of the head of the university/college
concerned, notwithstanding the
provisions of subsection 1: 1. For the president of a university/college: four years; and
2. For the vice-president of a university/college, the dean of a graduate school, or the dean
of a college: two years.
Article 29 (Appointment of Supervisory Official, etc.)
(1) The supervisory official and educational researcher who works for the
Ministry of
Education, Science and Technology and its affiliated agencies shall be appointed by the
President upon the recommendation
of the Minister.
(2) A person who applies to any of the following subsections among the supervisory
officials and educational researchers under the
jurisdiction of the Superintendent of the
Office of Education shall be appointed by the President at the request of the Minister
upon
the recommendation of the Superintendent: 1. A person who holds an office in the educational administrative agencies and whose
position is equivalent to the position equal
to or higher than the post of the director of a
section in the Office of Education of the City/Do;
2. The head of the educational training institute of the City/Do;
3. The head of the educational research institute of the City/Do; and
4. The head of the training institute for the teaching staff of the City/Do.
(3) The supervisory official and educational researcher
under the jurisdiction of the
Superintendent of the Office of Education other than the specialized education officials as
prescribed
in sections (1) and (2) shall be appointed by the Minister upon the
recommendation of the relevant Superintendent.
(4) The specialized education official who is appointed by the President pursuant to the
provisions of sections (1) and (2) may
be transferred to another position by the Minister, and
the specialized education official who is appointed by the Minister pursuant
to the
provisions of section (3) may be transferred to another position by the relevant
Superintendent of the Office of Education.
[This Article Wholly Amended by Act No. 4620, Dec. 27, 1993]
Article 29-2 (Appointment of Principal)
(1) A principal shall be appointed by the President upon the recommendation of the Minister.
(2) The principal's tenure in office shall be four years.
(3) The principal may be reappointed for one time: Provided that the number of times which
the principal holds office pursuant to
the provisions of Article 31 (2) and (3) shall not be
included in this.
(7) The principal may be transferred by the Minister to another position during his/her term
of office.
1. The teaching staff other than those prescribed by Articles 24 through 26, and 29-2; and
2. A school inspector and an education research worker.
Article 31 (Invited Teaching Staff)
(1) A university/college may appoint a person having qualifications as prescribed in Article
16 of the Higher Education Act as an
invited professor from among the persons working at
state agencies, research institutes, public organizations, industrial enterprises,
or the
residents in a foreign country, or foreigners: Provided, that where the university/college
appoints an invited professor
for a special subject, the provisions of Article 16 of the Higher
Education Act may not apply.
(2) Where the heads of various levels of schools not higher than high school intend to invite
persons who are especially needed
for the relevant schools (limited to the persons who have
a principal's certificate or a teacher's certificate) as teachers, they
may request the person
having appointment authority of invited teachers to appoint them as invited principals or
invited teachers.
(4) Matters necessary for the appointment, salary, and service of the invited teaching staff
shall be prescribed by Presidential
Decree.
Article 32 (Temporary Teaching Staff)
(1) The persons having authority to appoint teachers of the various levels of schools not
higher than higher school may appoint
teachers by specifying their service periods from
those having teaching certificates within the limit of the budget in the cases
of any of the
following subsections:
1. Where a teacher is on a leave of absence for the reason applicable to any of the
subsections of Article 44 (1), and it is inevitable
to fill the vacancy due to his/her leave
of absence;
2. Where a teacher quits his/her job for one of the reasons prescribed by the Presidential
Decree such as dispatch, training, suspension,
or cancellation of official position, etc.,
and it is inevitable to fill the vacancy due to the above reasons;
3. Where a teacher who takes charge of a special subject is needed for a limited period of
time; and
4. Where there is need for utilizing knowledge or experience of a person who served as a
public education official.
(2) The teacher who is appointed pursuant to the provisions of section (1) (hereinafter
referred to as a "temporary teacher") shall
not be given any priority for being appointed as a
regular teacher and, excluding the person appointed pursuant to the provisions
of subsection
4 of the same section, such teacher shall not be appointed to the supervisory position with
heavy responsibilities.
(2) The Superintendent of the Office of Education may offer a scholarship to the persons
who have entered or enrolled into the college
of education by the recommendation as
prescribed in section (1).
(3) The Superintendent of the Office of Education may have the persons receiving the
scholarship pursuant to the provisions of section
(2) take open screening examinations of
teachers executed in the competent districts within the scope of four years after graduation
of the college of education, and in the event of passing the open screening, he/she may
require service in the areas as determined
by the Superintendent of the Office of Education
for the period prescribed by the Municipal Ordinance of City/Do within the scope
of two
times the period during which they received scholarships.
(4) Where a person who is receiving or has received the scholarship
pursuant to the
provisions of section (2) applies to any of the following subsections, the Superintendent of
the Office of Education
may order the principal or joint guarantor to return the whole or part
of the scholarship as provided by the Municipal Ordinance
of City/Do, and where he/she
fails to carry out such order, the Superintendent may collect it according to the practices of
dispositions
on default local taxes: Provided, that this shall not apply where there exist
inevitable reasons prescribed by the Municipal Ordinance
of City/Do, such as where he/she
has retired during the obligatory service period due to diseases incurred in the line of duties,
etc.:
1. Where he/she has been dismissed from or has voluntarily left the school, or has
transferred to another school;
2. Where reasons for disqualification as a public official have occurred;
3. Where he/she has refused to receive the scholarship while in school; or
4. Where he/she has declined to take the open screening examination during the period as
prescribed in section (3), or has failed
to perform the obligatory services.
[This Article Newly Inserted by Act No. 7353, Jan. 27, 2005]
Article 33 (Delegation, etc. of
Appointment Authority)
(1) The President may delegate part of the appointment authority to the Minister, and the
Minister may delegate
part of the appointment authority to the heads of educational
institutions, educational administrative agencies, or educational
research institutes, as
provided by Presidential Decree.
(2) Matters concerning the appointment of the faculty belonging to various types of schools
whose authority for the matters concerning
the establishment and operation is delegated to
the related central administrative agency as prescribed in Article 59 (3) of the
Higher
Education Act may be separately prescribed in accordance with the standards for
appointment as prescribed in section (1)
pursuant to the conditions as prescribed by
Presidential Decree.
Article 34 (Principle for Settlement of Salary)
(1) The salary of a public education official shall be preferentially paid.
(2) The salary of a public education official shall
be prescribed by Presidential Decree in
accordance with his/her qualification or experience, the difficulty of duties, or the degree
of
responsibility.
Article 35 (Provisions on Salary)
In the Presidential Decree of Article 34 (2), the following matters as well as the matters
prescribed in Article 47 of the State
Public Officials Act and in Article 45 of the Local
Public Officials Act shall be prescribed:
1. Matters concerning the special allowances for the teaching staff of the schools or for the
special subjects prescribed by Presidential
Decree;
2. Matters concerning the salary of temporary faculty;
3. Matters concerning research allowances; and
4. Matters concerning teaching allowances.
Article 36 (Honorary Retirement)
(1) Where a public education official who has continuously served for not less than twenty
years voluntarily retires from office
before his/her retirement age, an honorary retirement
allowance may be granted to him/her within the limit of the budget.
(2) Where
a principal among the public education officials as prescribed in section (1)
voluntarily retires from office before the end of
his/her tenure in office, the retirement age
shall be the same as that as prescribed in Article 47.
(3) Matters necessary for the
scope of the objects to be granted, the amount granted, and the
procedures for being granted the honorary retirement allowances
under section (1) and other
necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No.
5158, Aug. 14, 1996]
CHAPTER VI TRAINING
Article 37 (Equal Training Opportunity)
The opportunity to be reeducated or to be trained in training institutes shall be equally
provided to public education officials.
Article 38 (Expense for Training and Teaching Materials)
(1) Public education officials shall continuously make efforts in research
and training for the
sake of performing their duties.
(2) The State or local governments shall formulate a plan for the training of public education
officials and the facilities needed
for the training, its promotion and make efforts to execute
it, and may provide them with the expenses for teaching materials needed
for such training
as provided by Presidential Decree.
(3) The State may subsidize all or part of the expenses needed for the training to the local
government which provides the expenses
for teaching materials pursuant to the provisions
of section (2) within the limit of the budget.
Article 39 (Establishment of Training Institute)
(1) A training institute shall be established in order to reeducate and train the public
education officials.
(2) Matters necessary for the establishment and operation of the training institute under
section (1) shall be prescribed by Presidential
Decree.
Article 40 (Special Training)
(1) The State or local governments may prepare a plan for special training and have public
education officials receive training
in educational institutions or research institutes within
the country or overseas for a specified period of time.
(2) The State
or local governments may pay the expenses needed for the special training as
prescribed in section (1) within the limit of the budget.
(3) The Minister shall guide and supervise the public education officials in special training
pursuant to the provisions of section
(1) so that they may achieve the objectives of the
training, and the matters necessary for such guidance and supervision shall be
prescribed by
the Presidential Decree.
(4) Obligatory service may be imposed on the public education officials who have been
specially trained pursuant to the provisions
of section (1) for a specific period of time within
the limit of six years as prescribed by the Presidential Decree.
(5) Where
the public education officials who are being specially trained or were specially
trained pursuant to the provisions of section (1)
do not follow the instructions for the
guidance and supervision as prescribed in section (3), or do not perform the obligatory
service as prescribed in section (4), the Minister may order the said persons or the joint
guarantors to return all or part of the
expenses spent for such special training to the State or
the local government concerned pursuant to the conditions as prescribed
by the Presidential
Decree; and if it is not performed, all or part of the expenses shall be collected according to
the practices
of disposition on the default national or local taxes depending on the expenses
spent for the special training.
Article 41 (Training in Places Other than Training Institute and Office)
A teacher may be trained in facilities or places other
than training institutes or his/her office
with the approval of the head of the administrative agency to which he/she belongs as
long
as this does not interfere with his/her classes.
Article 42 (Evaluation of Training and Service Record)
(1) The head of an educational institution, educational administrative agency,
or educational
research institute shall regularly or occasionally evaluate the actual results of the
reeducation and training,
and the service record of the public education officials under
his/her jurisdiction, and reflect such evaluation to the personnel
management.
(2) Matters necessary for the evaluation of the actual results of reeducation and training, and
the service records
under section (1) shall be prescribed by Presidential Decree.
CHAPTER VII GUARANTEE OF STATUS, DISCIPLINARY ACTION,
AND APPEAL
Article 43 (Respect of Educational Authority and Guarantee of Status)
(1) The educational authority shall be respected and any faculty
member shall be free from
unjust interference affecting his/her special position or status.
(2) A public education official shall not be laid off, demoted, or discharged against his/her
intention except as a sentence for
punishment, a disciplinary action, or any other grounds
prescribed by this Act.
(3) A public education official shall not be recommended to resign.
Article 44 (Leave of Absence)
(1) Where a public education official intends to have a leave of absence on the account of
one of the following subsections, the
person having appointment authority may grant
him/her a leave of absence: Provided, that in the cases of subsections 1 through 4
and 11,
the person having appointment authority shall order the public education official a leave of
absence despite his/her intention,
and in the case of subsection 7, the person having
appointment authority shall order the public education official a leave of absence
if he/she
wishes so:
1. Where he/she requires a long period of recuperation on the account of physical or mental
disorder;
2. Where he/she is conscripted or mobilized for military service as prescribed in the
Military Service Act;
3. Where his/her fate or whereabouts is unknown on the account of a natural disaster, war,
national emergency, or other reasons;
4. Where he/she has left his/her job to execute the duties under other Acts;
5. Where he/she studies abroad to obtain a degree or participates in researches or receives
training abroad for not less than one
year;
6. Where he/she is temporarily employed in an international organization, foreign
institution, domestic or foreign university/college
or research institute, another state
agency, educational institution for nationals residing abroad (referring to educational
institution
for nationals residing abroad under subsection 2 of Article 2 of the Act on the
Educational Support, etc. for Korean Nationals Residing
Abroad), or a private
organization prescribed by Presidential Decree;
7. Where it is necessary to raise children (referring to preschool children not older than six
years old), or where a female public
education official becomes pregnant or gives birth;
8. Where he/she receives training in the research institute or educational institution in a
country designated by the Minister;
9. Where he/she is required to take care of his/her parents, spouse, children, or his/her
spouse's parents who require a long period
of recuperation on the account of an accident
or a disease, etc.;
10. Where his/her spouse is to work abroad or applies to subsection 5; and
11. Where he/she works full-time for a teachers' union pursuant to the provisions of Article
5 of the Act on the Establishment and
Operation of Teachers' Unions.
(2) Where a teacher who is entitled to become a member of a political party under the
provision
of Article 6 of the Political Parties Act is elected as a member of the National
Assembly, he/she shall resign from his/her office
as a teacher during his/her term of
membership under Article 29 (3) of the National Assembly Act.
Article 45 (Period of Leave of Absence, etc.)
(1) The period of leave of absence shall be as follows:
1. The period of leave of absence due to the reasons referred to in Article 44 (1) 1 shall be
within one year;
2. The period of leave of absence due to the reasons referred to in Article 44 (1) 2 and 4
shall be until the expiration of the service
period;
3. The period of leave of absence due to the reasons referred to in Article 44 (1) 3 shall be
within three months;
4. The period of leave of absence due to the reasons referred to in Article 44 (1) 5 shall be
within three years: Provided, that
in the case of obtaining a degree, the period may be
extended to up to three years;
5. The period of leave of absence due to the reasons referred to in Article 44 (1) 6 shall be
the same as the employment period;
6. The period of leave of absence due to the reasons referred to in Article 44 (1) 7 shall be
within one year for one child: Provided,
that in case of a female public education official,
the person having appointment authority may extend the relevant period of leave
of
absence within the limit of two years;
7. The period of leave of absence due to the reasons referred to in Article 44 (1) 8 shall be
within three years;
8. The period of leave of absence due to the reasons referred to in Article 44 (1) 9 shall be
within one year, and shall not exceed
three years during one's total tenure in office;
9. The period of leave of absence due to the reasons referred to in Article 44 (1) 10 shall be
within three years, and the period
may be extended to up to three years: Provided, that
the total period of leave of absence shall not exceed the period of the overseas
service,
study, research, or training of one's spouse; and
10. The period of leave of absence due to the reasons referred to in Article 44 (1) 11 shall
be the period of full-time service in
the union.
(2) In the case of a faculty member who holds an office in a university/college, the period of
leave of absence under section (1)
may not exceed the remaining period in the term of the
appointment under Article 11 (3): Provided, that this shall not apply in
the case of leave of
absence as prescribed in Article 44 (1) 2 and 4 through 10, or 44 (2) and (3).
(1) The age limit of a public education official shall be 62 years: Provided that the age limit
of a public education official,
who is a teacher as prescribed in Article 14 of the Higher
Education Act, shall be 65 years.
(2) A public education official (including a public education official with a designated term
of office) shall retire from his/her
office as a matter of course on August 31 where the day
on which his/her age limit reached is between March and August, and on the
end of
February next year where it is between September and February next year.
Article 48 (Teachers' Privileges of Freedom from Arrest)
No teacher shall be arrested in a school without the consent of the head
of the school to
which he/she belongs, except in the case where he/she is flagrante delicto.
Article 49 (Grievance Settlement)
(1) Any public education official (excluding the public education official who holds office
in a public university/college; hereafter
the same shall apply in this Article) may request
consultation of the personal affairs concerning all conditions of duties such
as personnel
affairs, organizations, or treatment, etc., or other personal affairs, or the examination of the
grievance, and shall
not be disadvantageously treated or punished on account of it.
(2) The person having appointment authority or the person having recommendation
authority (including the person having nomination
authority; hereinafter the same shall
apply) who has received the request pursuant to the provisions of section (1) shall refer
it to
the committee for the grievance examination, or have the public education officials under
his/her control consult with him/her,
and shall make efforts for fair treatment such as the
grievance settlement according to its results.
(3) A central grievance examination committee for public education officials shall be
established in the Ministry of Education,
Science and Technology to examine the grievances
of public education officials, and a general grievance examination committee for
public
education officials shall be organized by the person having appointment authority or the
person having recommendation authority,
and the function of the central grievance
examination committee for public education officials shall be managed by the Teacher's
Appeal Examination Commission under the Special Act on the Improvement of Teachers'
Status.
(5) The general grievance examination committee for public education officials shall
examine the grievances of the faculty of universities/colleges
not higher than assistant
professors and the grievances of public education officials who are appointed by the
Minister pursuant
to the provisions of Articles 29 (3) and 30.
(6) Notwithstanding the provisions of section (5), where the grievances of public education
officials which are prescribed in section
(5) relate to not less than two agencies where the
persons having appointment authority are different from each other, the central
grievance
examination committee for public education officials may examine such grievances; and
where it is recognized as unsuitable
for the general grievance examination committee for
public education officials of the original agency to which the appealing person
belong to
examine the grievances, the general grievance examination committee for public education
officials of the immediately
higher level agency may examine them.
(7) Where deemed necessary after examining the grievance, the person having appointment
authority
or the person having recommendation authority may request the head of the
disposition administration or the related administrative
agency to correct it, and the head of
the disposition administration or the related administrative agency who has received such
request shall perform as requested unless there exists any special situation not to, and notify
the result of the disposition to
him/her/her: Provided, that where he/she is unable to perform
as requested due to inevitable reasons, he/she shall notify such reason.
(8) Matters necessary for the organization, authority, and examination procedures of the
grievance examination committee for public
education officials and other necessary matters
shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 4620, Dec. 27, 1993]
Article 50 (Organization of Disciplinary Committee)
(1) A disciplinary
committee for public education officials (hereinafter referred to as the
"disciplinary committee") shall be established in the educational
institution, educational
administrative agency, local government, and educational research institute as provided by
Presidential
Decree to deliberate on a disciplinary action against a public education official
and the matters concerning employment of teachers
referred to in the proviso of the part
other than each subsection of Article 10-3 (1).
(2) Matters concerning the type, organization, authority, examination procedure of the
disciplinary committee, the matters concerning
the exclusion of or challenge to a member of
the disciplinary committee, and the matters necessary for the right to statement of
the person
subject to the disciplinary action shall be prescribed by Presidential Decree.
(3) Where the opportunity to make a statement
is not given to the person subject to the
disciplinary action, the resolution of the disciplinary action shall be void.
Article
51 (Request of Decision on Discipline)
(1) Where the head of an educational institution, educational administrative agency, local
government, or educational research institute
deems that a public education official under
his/her control applies to any of the disciplinary reasons of subsections of Article
78 (1) of
the State Public Officials Act or of subsections of Article 69 (1) of the Local Public
Officials Act, he/she shall request
the disciplinary committee which has jurisdiction over the
relevant disciplinary case for disciplinary decisions without delay.
However, in the case
when the disciplinary committee which has jurisdiction over the relevant disciplinary case is
established
in a higher administrative agency, he/she shall file the request of the disciplinary
decision with the head of the higher administrative
agency.
(2) In the case of section (1) the disciplinary decision on the disciplinary case of the person
recommending disciplinary decision
shall be requested by the head of the immediately
higher supervisory authority.
Article 52
(2) In applying the provisions of Article 43 (1) of the State Public Officials Act to public
education officials, the term "provisions
of Article 71 (1) 3 or 5 or Article 71 (2)" in the
same section of the same Article shall be deemed as "provisions of Article 44
(1) 2 and 4
through 11 or of Article 44 (2) or (3) of the Public Education officials Act".
(5) The provisions of Articles 6, 17, 19-2, 21 through 24, 28-2, 28-3, 31 through 32-2, 34,
36 through 39, 40-2, 41, 42 (2), and
50 of the State Public Officials Act shall not apply to
the public education officials, and the provisions of Article 76 of the
same Act shall not
apply to the teaching staff (excluding the teaching staff in public universities/colleges),
respectively.
UNIVERSITY/COLLEGE
Article 54 (Local Personnel Committee for Public Education Officials)
(1) A local personnel committee for public education officials
shall be established in a local
government to comply with the consultation of the head of the local government in respect
to the
important matters concerning the personnel affairs of public education officials who
hold office in a public university/college
(hereinafter referred to as the "public education
officials in a public university/college").
(2) The local personnel committee for public education officials shall be composed of seven
members including one chairperson of
the committee, and the deputy-head of the relevant
local government shall be the chairperson of the committee. In this case, where
the local
government has not less than two deputy-heads, the chairman shall be the deputy-head
prescribed by Presidential Decree.
(3) The members of the local personnel committee shall be appointed or commissioned by
the head of the relevant local government
among those who have educational experience,
educational administrative experience, or administrative experience for not less than
seven
years and who have profound knowledge in personnel administration.
(4) The head of the local government shall refer the matters
of the following subsections to
the deliberation of the local personnel committee for public education officials:
1. Matters concerning the decision on policies and standards, and establishment of the basic
plan for the personnel administration
for public education officials in a public
university/college;
2. Matters concerning enactment, alteration, or abolition of the Municipal Ordinance or
Municipal Rule on personnel affairs of the
public education officials in a public
university/college; and
3. Other important matters concerning the personnel affairs of public education officials in
a public university/college.
(5) Matters necessary for the organization and operation of the local personnel committee
for public education officials shall be
prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 5207, Dec. 30, 1996]
Article 55 (Appointment of Head,
etc. of Public University/College)
(1) The head of a public university/college shall be appointed by the head of a local
government
through the consultation of the local personnel committee for public education
officials, upon the recommendation of the public
university/college concerned, according to
the conditions as prescribed by Presidential Decree. Where the head of a newly established
public university/college is appointed, or where a person who holds office as the dean is
appointed as the president of the public
university/college concerned, or a person who holds
office as the president is appointed as the dean of the public university/college
concerned
during his/her term of office on account of the change of title, he/she shall be appointed by
the head of the local government
through consultation with the local personnel committee
for public education officials.
(2) Professors, associate professors, or assistant professors shall be appointed by the head of
the local government on the recommendation
of the head of the public university/college
concerned, and full-time lecturers and the teaching assistants shall be appointed by
the head
of the public university/college.
(3) In the event that professors, associate professors, or assistant professors are
recommended to be appointed, or where a full-time
lecturer is appointed pursuant to the
provisions of section (2), approval from the respective university/college personnel
committee
shall be obtained, and a newly established public university/college in which the
university/college personnel committee was not
organized shall obtain the approval thereof
from the local personnel committee for public education officials until the respective
university/college personnel committee is organized.
(4) The vice-president shall be appointed from among professors and the dean
of a graduate
school or a college shall be assigned from among professors or associate professors by the
head of the public university/college
with the approval of the university/college personnel
committee.
(6) The provisions of Article 24 (4) shall apply mutatis mutandis to the appointment of the
head of a public university/college.
In this case, the term "university/college" shall be
considered as "public university/college" and the term "Article 25" shall be
considered as
"Article 55 (2) and (3)".
[This Article Newly Inserted by Act No. 5207, Dec. 30, 1996]
Article 56 (Settlement of Grievances of Public Education Officials
in Public
University/College)
(1) Any public education official in a public university/college may request personnel
consultation or grievance examination concerning
all types of office conditions such as
personnel affairs, organization, or treatment, and shall not be disadvantageously treated
or
punished on account of it.
(2) The person having appointment authority or the person having recommendation
authority who was requested pursuant to the provisions
of section (1) shall refer the matters
to the grievance examination committee for examination thereon, or have the public official
under his/her control consult with the public education official concerned, and shall make
efforts to fairly deal with such request
by settling the grievance, etc.
(3) A grievance examination committee for public education officials of public
universities/colleges
(hereinafter, referred to as the "public university/college grievance
committee") shall be established in a local government to
examine the grievances of the
public education officials of public universities/colleges, and a general grievance
examination committee
for public education officials of public
universities/colleges(hereinafter, referred to as the "general grievance committee of public
universities/colleges") shall be established in the public universities/colleges; and the
function of the public university/college
grievance committee shall be managed by the local
personnel committee for public education officials.
(4) The public university/college
grievance committee shall examine the reexamination
request of the grievance which has passed through the examination of the general
grievance
committee of public universities/colleges, and the grievance of public education officials in
public universities/colleges
who are not lower than associate professors.
(5) The general grievance committee of public universities/colleges shall examine the
grievance of public education officials in public universities/colleges who are not higher
than assistant professors.
(6) Notwithstanding the provisions of section (5), where the grievance of a public education
official of a public university/college
under section (5) is related to not less than two
agencies in which persons having appointment authority are different from each
another, or
where it is deemed unsuitable to examine the grievance of the public education official by
the general grievance committee
of the relevant public university/college of the original
agency to which the person filing the grievance belongs, it may be examined
by the public
university/college grievance committee.
(7) Where the person having appointment authority or the person having recommendation
authority deems it necessary after the grievance
examination, he/she may request the head of
the disposition administration or the related administrative agency for correction,
and the
head of the disposition administration or the related administrative agency who is requested
for correction shall perform
such correction unless there exists any special situations not to,
and notify its result: Provided, that where such correction cannot
be performed due to
unavoidable reason, such reason shall be notified.
(8) Matters concerning the organization, authority, or examination
procedures of the public
university/college grievance committee, and other necessary matters shall be prescribed by
the Municipal
Ordinance of the local government concerned.
[This Article Newly Inserted by Act No. 5207, Dec. 30, 1996]
Article 57 (Relation
with Local Public Officials Act
(1) In applying the provisions of Article 20-2 of the Local Public Officials Act to the
teaching staff who are public education
officials in public universities/colleges, the term
"examination committee" in the same Article shall be deemed as the "Teacher's
Appeal
Examination Committee."
(2) In applying the provisions of Article 41 (1) of the Local Public Officials Act to the
public education officials in public universities/colleges,
the term "provisions of Article 63
(1) 3 or 5, or (2)" in the same section of the same Article shall be deemed as "provisions of
Article 44 (1) 2, 4 through and 10 or Article 44 (2) and (3) of the Public Education Officials
Act".
(3) The alteration and abolition of the organization of an office in Article 62 (1) 3 of the
Local Public Officials Act and the
alteration of the organization of an office in Article 65-4
(1) of the same Act shall be deemed to include the abolition of colleges,
departments, or
undergraduate schools of public universities/colleges.
(4) In applying the provisions of Article 30-4 of the Local Public Officials Act to the public
education officials of public universities/colleges,
the term "head of the local government"
in section (1) of the same Article shall be deemed as "person having appointment authority
or the person having recommendation authority".
(5) The provisions of Articles 6, 7 through 11, 22 through 24, 29-2 through 30-2, 32, 34
through 37, 39, 39-2, 40, and 74 of the
Local Public Officials Act shall not apply to the
public education officials of public universities/colleges, and the provisions
of Article 67 (2)
of the same Act shall not apply to the teaching staff who are public education officials of
public universities/colleges,
respectively.
(1) A person violating the provisions of Article 24-2 (1) shall be punished by imprisonment
not exceeding two years or a fine not
exceeding 20 million won.
(2) A person violating the provisions of Article 24-2 (2) and (4) shall be punished by
imprisonment not
exceeding one year or a fine not exceeding ten million won.
(3) A person who has obstructed the access or has not complied with
the demand for
submission of data, or has submitted false data in violation of the provisions of Article 272-
2 (3) of the Act
on the Election of Public Officials and the Prevention of Election
Malpractices to be applied mutatis mutandis in accordance with
the provisions of Article 24-
3 (3) shall be punished by imprisonment not exceeding one year or a fine not exceeding two
million
won.
(4) A person violating the provisions of Article 24-2 (3) shall be punished by a fine not less
than five million won and not exceeding
30 million won: Provided, that when it is a true fact
which is related only to public interest, he/she shall not be punished.
(5)
The arraignment prescription of the crime provided for in sections (1) through (4) shall
expire by an elapse of six months after
the relevant election date: Provided that where the
criminal has escaped, the relevant period shall be three years.
[This Article
Newly Inserted by Act No. 7537, May 31, 2005]
Article 59 (Fine for Negligence)
(1) A person who has not complied, without any justifiable ground, with the demand for
attendance pursuant to the provisions of
Article 272-2 (4) of the Act on the Election of
Public Officials and the Prevention of Election Malpractices to be applied mutatis
mutandis
in accordance with the provisions of Article 24-3 (3) shall be punished by a fine for
negligence not exceeding one million
won.
(2) The fine for negligence under section (1) shall be imposed and collected by the
Gu/City/Gun election commission.
(3) A person who is dissatisfied with a disposition of fine for negligence pursuant to the
provisions of section (2) may raise an
objection to the imposing authority within 30 days
from the date of receiving notice of such disposition.
(4) When any person subjected
to a disposition of the fine for negligence pursuant to the
provisions of section (2) has raised an objection pursuant to the provisions
of section (3), the
imposing authority shall promptly notify such fact to the competent court, and the court in
receipt of such
said notice shall bring the case to trial for the fine for negligence under the
Non-Contentious Case Litigation Procedure Act.
(5) If neither an objection is raised nor the fine for negligence paid within the period as
prescribed in section (3), it shall
be collected in accordance with the practices of dispositions
on default national taxes.
[This Article Newly Inserted by Act No. 7537, May 31, 2005]
ADDENDA
(1) (Enforcement Date) This Act shall enter into effect on the date of its promulgation:
Provided, that the amended provisions of
Article 44 (1) 6 shall enter into effect on Jan. 1,
2009.
(2) (Application Example for Appointment of Teachers) The amended provisions of Article
10-3 shall apply starting from the
first person who is removed from the office or dismissed
after this Act enters into effect, due to disciplinary dispositions when
the reason for
disciplinary action pursuant to the amended provisions under each subsection of the same
Article has occurred.
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