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Laws of the Republic of Korea |
OFFICIALS
[Enforcement Date: Jul. 16, 2009] [Presidential Decree No. 21627, Jul. 16, 2009, Partial Amendment]
Ministry of Education, Science and Technology (Teacher Policy Planning Division) Tel.: 02-2100-6310
CHAPTER I GENERAL PROVISIONS
Article 1 (Scope of Application)
Except as especially prescribed in other laws and regulations, the appointment of public
education officials shall be in accordance
with this Decree.
Article 2
(1) Pursuant to the provisions of Article 33 of the Public Education officials Act (hereinafter
referred to as the "Act", the following
appointment authority of the President shall be
delegated to the Minister of Education, Science and Technology (hereinafter referred
to as
the "Minister"): 1. Leave of absence, cancellation of official position, and reinstatement of heads of
universities/colleges as prescribed in Article
24 (1) of the Act (including industrial
colleges, colleges of education, junior colleges, and correspondence colleges referred to
in subsection 5 of Article 2 of the Higher Education Act);
2. Appointment of professors and associate professors as prescribed in Article 25 (1) of the
Act;
3. Promotion to higher grade, holding concurrent positions, leave of absence, cancellation
of official position, and reinstatement
of supervisory officials and educational
researchers referred to in Article 29 (1);
3-2. Appointment of supervisory officials and educational researchers referred to in Article
29 (2);
4. Appointment of principals as prescribed in Article 29-2 (1) (excluding the appointment
authority for appointing principals); and
5. Leave of absence, cancellation of official position, and reinstatement of heads of
universities/colleges and junior colleges.
(2) The Minister shall delegate the following appointment authority to the heads of
universities/colleges pursuant to the provisions
of Article 33 of the Act:
1. Assignment of vice-president, deans of graduate schools, and deans of colleges under
his/her control, who are not the heads of
universities/colleges;
2. Appointment of assistant professors and educational research workers;
3. 4. Transfer of educational researchers who have no positions under his/her control within
the relevant universities/colleges;
5. Appointment of teachers of the attached schools (excluding the principals); and
6.
1. Appointment of supervisory officials and educational research workers under his/her
control;
2. 3. Transfer of supervisory officials and educational researchers under his/her control who
do not hold any positions within the relevant
agency.
(4) The Minister shall delegate the following appointment to the director general of the
Korea National Institute for Special
Education: 1. 2. Appointment of educational research workers under his/her control.
(5) The Minister shall delegate the following appointment authority
to the relevant
superintendent of the Office of Education:
1. Transfer of principals referred to Article 29-2 (7);
2. 3. Appointment of heads, vice-principals, supervisors, and teachers;
4. Transfer of supervisory officials and educational researchers referred to in Article 29 (2)
of the Act;
5. Promotion to higher grade, holding concurrent positions, cancellation of official position,
leave of absence, and reinstatement
of supervisory officials and educational researchers
under the control of the Superintendent of the Office of Education (excluding
supervisory officials and educational researchers referred to in Article 29 (2));
6. 7. Appointment of school inspectors and educational research workers under the
jurisdiction of the superintendent of the Office of
Education; and
8. Appointment of supervisory officials and educational researchers as prescribed in Article
29 (3) of the Act.
(6) The Minister shall delegate the following appointment authority to the principals of
national high schools (excluding high schools
attached to universities/colleges), national
special schools, and other types of national schools: 1. Appointment of teachers under his/her control; and
2. Promotion to higher grade of vice-principals under his/her control.
[This Article Wholly Amended by Presidential Decree No. 10756,
Mar. 11, 1982]
Article 3-2 (Re-delegation of Appointment Authority)
(1) The Minister shall re-delegate the following appointment
authority to the heads of
universities/colleges in accordance with the latter part of Article 6 (1) of the Government
Organization
Act:
1. Appointment of professors and associate professors under his/her control;
2. Promotion to higher grade, leave of absence, cancellation of official position, and
reinstatement of educational researchers under
his/her control; and
3. Appointment of principals of the schools attached to the relevant university/college
among the delegated appointment authority
in accordance with Article 3 (1) 4.
(2) The Minister shall re-delegate the appointment authority for promotion to higher grade,
leave of absence, cancellation of official position, and reinstatement of supervisory officials
and educational researchers under
his/her control to the principal of the National Institute of
Korean History in accordance with the latter part of Article 6 (1)
of the Government
Organization Act.
(4) The Minister shall re-delegate the following appointment authority to the relevant
superintendent of the Office of Education
in accordance with the latter part of Article 6 (1)
of the Government Organization Act: 1. Appointment of supervisory officials and educational researchers delegated by the
President in accordance with Article 3 (1) 3-2;
and
2. Appointment of principals (excluding appointment of principals referred to in section (1)
3) delegated by the President in accordance
with Article 3 (1) 4.
[This Article Newly Inserted by Presidential Decree No. 20111, Jun. 28, 2007]
Article 4 (Timely Filling of
Vacancies)
In the event that there is any vacancy in the relevant institution, the person having
appointment authority or the person having
recommendation authority for appointment shall
immediately take measures to fill such vacancy.
Article 4-2
1. Basic examination: examination on whether or not the major of the applicant is
consistent with the major field subject to recruitment,
etc.;
2. Major examination: examination on academic superiority and educational ability, etc. for
the major of the candidate for recruitment
who has passed the basic examination; and
3. Interview examination: examination on personality, etc. of the candidate of recruitment
who has passed the major examination.
(4) The examiners for the examination for recruitment under section (3) shall be appointed
or commissioned by the head of a university/college
among the faculty members of the
relevant university/college or related specialists having profound academic knowledge and
experiences.
In this case, in examining whether or not the major of the applicant is
consistent with the major field subject to recruitment and
to examine the academic
superiority for the major of the candidate for recruitment, not less than one third of the
examiners shall
be persons other than faculty members of the relevant university/college.
(6) In the event that any person who applied for recruitment of new faculty members of a
university/college requests for opening
the examination standards for new recruitment and
the examination result per applicant to the public, such information shall be
disclosed to the
public after the persons who are newly recruited are decided upon. In this case, the
information to be opened
to the public shall be prepared so that no specific person can be
identified.
(1) A public education official shall be deemed to be appointed on the date stated in the
letter of appointment or written notice
of appointment: Provided that the dismissal from
office due to death shall be deemed to be effective on the day following the date
of death.
(1) Appointment of faculty members of a university/college referred to in Article 11-3 of the
Act shall be implemented by specifying
the contract terms within the scope of the following
subsections:
1. Service period;
(a) Professors: it shall be the period until the retirement age as prescribed in Article 47 of
the Act, provided
that it may be the period specified by the relevant contract desired by
the relevant person or the relevant person is appointed
as a professor for the first time
(excluding the case where an associate professor of the relevant university/college is
appointed
as a professor);
(b) Associate professor: the period until the retirement age as prescribed in Article 47 of
the Act or the period specified by the
relevant contract; and
(c) Assistant professor and full-time lecturer: the period specified by the relevant contract.
2. Salary: remuneration as prescribed in the Public Officials Remuneration Regulations and
allowances as prescribed in the Regulations
Concerning Allowances, etc. for Public
Officials;
3. Conditions for service: matters concerning teaching hours, department, etc.
4. Achievement and performance: matters concerning performance records of research,
guidance of theses, academic and career counseling,
and guidance of students, etc.;
5. Terms of re-contract and its procedures: matters concerning terms and procedures for
reappointment after expiration of the service
period; and
6. Other matters deemed necessary by the head of a university/college.
(2) Where deemed necessary, the head of a university/college
may change the agreed upon
contract terms upon the consent of the relevant person.
(3) The head of a university/college shall determine
the detailed standards for the contract
terms as prescribed in section (1) through the deliberation of the university/college
personnel
committee.
(4) A teaching assistant shall be appointed with a service period of one year.
[This Article Wholly Amended by Presidential Decree
17470, Dec. 31, 2001]
Article 5-3 (Calculation of Appointment Period of Faculty Members of
University/College)
(1) The appointment period as prescribed in Article 5-2 shall be calculated on the basis of
the appointment date as prescribed in
Article 5, and in the event of promotion, change of
post, or demotion during the period of holding office, such period shall be
recalculated
starting from the date of such events.
(2) In the event that the appointment period as prescribed in Article 5-2 ends in the middle
of a semester or quarter, the last
day of the semester or quarter during which the ending date
of such period belongs to shall be deemed as the ending date of the
appointment period.
(3) Where the appointment period as prescribed in Article 5-2 of the person who has been
dispatched abroad
or is on an official business trip ends during the period of such dispatch
or business trip, the appointment period shall be deemed
to be until the ending date of the
remaining period of such dispatch or business trip.
(4) The period of leave of absence as prescribed
in Article 44 (1) 2, 4 through 9 or Article
44 (2) and (3) shall not be calculated in the appointment period as prescribed in Article
5-2.
[This Article Newly Inserted by Presidential Decree No. 13448, Aug. 8, 1991]
Article 5-4 (Examination of Tenured Faculty Members)
(1) An examination committee for appointment of tenured faculty members (hereinafter
referred to as the "committee" in this Article)
shall be established in a university/college in
order to examine the faculty members to be appointed for the period until they reach
their
retirement ages, prior to the approval of the university/college personnel committee.
(2) The committee shall examine the
performance records of research, etc. of the relevant
faculty members in accordance with the standards for examination of the tenured
faculty
members determined by the relevant university/college.
(3) Matters necessary for the organization and operation, etc. of
the committee shall be
determined by the head of the relevant university/college.
(4) The quota of faculty members appointed for
the period until their retirement ages
advents shall be determined by the head of the relevant university/college within the scope
of the quota of the faculty members of the relevant university/college.
[This Article Newly Inserted by Presidential Decree No.
13448, Aug. 8, 1991]
Article 6 (Prohibition of Retroactive Application of Appointment Date)
Excluding the cases applicable to any
of the following subsections, the appointment date of
public education officials shall not be retroactively applied.
1. Where a person of remarkable achievements while in office has died in the line of duty,
and he/she is posthumously honored by
designating the day before the date of his/her
death as the appointment date;
2. 3. Where a person is removed from office ex officio as prescribed in Article 70 (1) 4 of the
State Public Officials Act or Article
62 (1) 4 of the Local Public Officials Act, and the
relevant person is removed from office by designating the expiration date of
the period
of his/her leave of absence or the date of the reason for his/her leave of absence has
disappeared.
[This Article Wholly Amended by Presidential Decree No. 10756, Mar. 11, 1982]
Article 6-2 (Committee for Gender Equality for Appointment
of Faculty Members of
University/College)
(1) The Committee for Gender Equality for Appointment of Faculty Members of
University/College (hereinafter referred to as the "Committee
for Gender Equality") shall be
established under the jurisdiction of the Minister in order to comply with counseling of the
Minister
in respect to the establishment and implementation of the policies to promote
gender equality in appointment of faculty members
of universities/colleges in accordance
with Article 11-4 of the Act.
(2) The Committee for Gender Equality shall deliberate on the matters applicable to the
following subsections.
1. Matters concerning the policies to promote gender equality in appointment of faculty
members of universities/colleges;
2. Matters concerning plans necessary for implementation of positive disposition such as
appointment plan for gender equality of
universities/colleges pursuant to Article 11-4 (2)
of the Act (hereinafter referred to as the "disposition plan for gender equality"),
and
evaluation of the performance records of promotion thereof;
3. Matters concerning administrative and financial assistance following the evaluation
under section (2); and
4. Other matters deemed necessary by the Minister.
(3) The Committee for Gender Equality shall be composed of not more than fifteen
members including a chairperson.
(4) A person commissioned by the Minister from among the members shall be the
chairperson. 1. Persons having profound academic knowledge and experiences in gender equality or
personnel affairs of faculty members of universities/colleges;
and
2. Grade 3 public officials or public officials in general service being high-ranking public
officials in the Ministry of Education,
Science and Technology.
(6) Other matters necessary for the operation of the Committee for Gender Equality shall be
determined
by the Minister.
(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) shall establish the disposition plan for
gender equality pursuant to Article 11-4 (2) of the Act as provided by the
Minister by Oct.
31 of the year prior to the year of implementation thereof to the Minister, and submit the
performance records
of the promotion thereof to the Minister by Apr. 30 of each year.
(4) The committee pertaining to gender equality shall be established in the local
governments to evaluate the disposition plan for
gender equality and the performance
records of the promotion thereof.
(5) Matters necessary for the organization and operation of the committee as prescribed in
section (4) and the evaluation of the
performance records of the promotion thereof shall be
prescribed by the Municipal Ordinance of the relevant local government.
[This
Article Newly Inserted by Presidential Decree No. 18114, Nov. 4, 2003]
Article 7 (Standards for Management of Assignment to Post)
(1) The person having appointment authority or the person having recommendation
authority for appointment shall appoint the public
education official under his/her control to
a position, excluding the cases separately prescribed by the laws and regulations and
the
cases applicable to any of the following subsections:
1. Where a temporary retiree for whom a separate quota is recognized, a dispatched person,
or a person who was discharged, removed,
or dismissed from office as prescribed in
Article 43 (1) through (3) of the State Public Officials Act or Article 41 (1) through
(3)
of the Local Public Officials Act returns or reinstated to his/her office, and where he/she
has to serve without position until
the time there is vacancy in the quota of the relevant
post as there is no vacancy corresponding to the relevant post of the relevant
agency. In
this case, the term "relevant agency" refers to the educational institution, educational
administrative agency, or educational
research institute; in which the head is the person
having authority for new recruitment or having recommendation authority for
appointment for the relevant public education official;
2. Where a public education official under his/her jurisdiction is to serve without position
for a period within two months among
the dispatched persons for whom the
supplementation of the vacancy is approved pursuant to the provisions of Article 7-4, as
deemed
especially necessary for the preparation of the dispatch service for a special
long-term training for a period not less than a year
as prescribed in Article 40 of the Act,
or long-term overseas training for a period not less than one year as prescribed in the
Regulation for International Science and Technology Cooperation; and
3. Where a public education official under his/her jurisdiction is to serve without position
for the preparation, etc. of establishment
of the institutions for a period not exceeding
two months in the event of establishment, alteration, or abolition for the organization
of
offices, schools or departments.
(2) In assigning positions to public education officials under his/her jurisdiction, the person
having appointment authority or
the person having recommendation authority for
appointment shall appoint them upon taking into consideration the requirements for
duties
of the posts and personal requirements of the public education officials under his/her control
as prescribed in the following
subsections:
1. Requirements for duties of the posts:
(a) Types of duties and degree of specialization;
(b) Levels of abilities for duties;
(c) Personality characters necessary for duties;
(d) Relative importance of duties in the organization; and
(e) Other conditions necessary for performance of the relevant duties;
2. Personal requirements of public education officials:
(a) Category;
(b) Experience, academic background, major fields, and qualifications;
(c) Performance records of training;
(d) Judgment of policies or abilities for performing duties;
(e) Leadership abilities;
(f) Characters and degree of confidence;
(g) Degree of integrity;
(h) Health; and
(i) Other special remarks.
(3) The person having appointment authority or the person having recommendation
authority for appointment shall assign the public
education officials under his/her
jurisdiction to the respective positions in accordance with the difficulties and responsibilities
of the duties and the experience and performance records of such officials so that they may
appropriately develop their abilities.
(4) Public education officials who have taken special training such as training in a foreign
country or entrusted education in the
country, or who have taken training for a period not
less than six months shall be assigned to the positions related to the contents
of such
trainings, unless there exist any special situations not to.
(5) Public education officials shall be assigned to the positions
related to the qualifications
or certificates of qualifications obtained by such officials.
(6) Public education officials shall
be assigned after due consideration of their personally
hometowns, unless there exist any special situations not to.
[This Article
Wholly Amended by Presidential Decree No. 10756, Mar. 11, 1982]
Article 7-2 (Holding Concurrent Positions)
(1) The person having appointment authority or the person having recommendation
authority for appointment may have the public education
officials hold concurrent positions
pursuant to the provisions of Article 18 of the Act in the cases applicable to any of the
following
subsections:
1. Where it is needed for securing specialized manpower to be in charge of the related
subjects or affairs; and
2. Where the faculty members of the Korea National Open University and industrial
colleges, and members of teaching staff for the
various levels of training institutions are
appointed.
(2) Holding concurrent positions as prescribed in section (1) shall be limited to the cases
applicable to any of the following subsections
within the scope of not interfering with
performing the duties of the main post:
1. Between public officials in general service of various kinds of series of class in
technology or research in the technology field
and the public education officials of
various levels of schools not lower than high school in the area of natural sciences,
where
the contents of their duties are similar;
2. Between public officials in general service of the occupational groups of liberal arts,
public security, and public administration
and the public education officials in the area
of humanities and social sciences of various levels of schools not lower than junior
colleges, where the contents of their duties are similar;
3. Between teachers of various levels of schools and the teachers of adjacent schools where
their contents of duties are similar,
or between teachers of the attached school and the
school which attached the relevant school;
4. Between executives and staff of the organizations under the Government such as
government invested institutions or government
contributed institutions, etc. prescribed
by the Minister, and the public education officials, where the contents of their duties
are
similar; and
5. Between executives and staff of the industrial enterprises which meet the standards
prescribed by the Minister and the public
education officials, where the contents of their
duties are similar.
(3) The period of holding concurrent positions as prescribed in subsections 1, 2, 4, and 5 of
section (2) shall be within two years,
and it may be extended within the extent of two years
where it is especially necessary: Provided, that the period of holding concurrent
positions of
the heads of university hospitals as prescribed in Article 9 of the Establishment of Seoul
National University Hospital
Act and Article 13 of the Act on the Establishment of National
University-Affiliated Hospitals, the heads of dental hospitals as
prescribed in Article 9 of
the Establishment of Seoul National University Dental Hospital Act and Article 11 of the
Act on the
Establishment of National University-Affiliated Dental Hospitals, and the head of
the National Cancer Center as prescribed in Article
6 of the National Cancer Center Act
shall be within three years, and it may be extended within the extent of three years where it
is especially necessary.
[This Article Newly Inserted by Presidential Decree No. 10756, Mar. 11, 1982]
Article 7-3 (Dispatch Service)
(1) The heads of educational institutions, educational administrative agencies, and
educational research institutes may dispatch
the public education officials under their
jurisdiction pursuant to the provisions of Article 32-4 of the State Public Officials
Act or
Article 30-4 of the Local Public Officials Act in the case applicable to one the following
subsections:
1. Where it is especially necessary for performing the affairs of education, research, and
academic promotion, etc. as national projects
by institutions or organizations other than
educational institutions, educational administrative agencies, or educational research
institutes;
2. Where it is necessary for the administrative assistance for other institutions due to
business congestion;
3. Where it is necessary for the joint performance of the affairs of which the jurisdiction is
unclear, or special affairs which
require close cooperation between related institutions;
4. Where it is necessary for the training of public education officials as prescribed in the
Regulations for Training of Teachers,
etc.;
5. Where he/she is selected as a faculty member of the training institution for public
education officials as prescribed in the laws
and regulations or ordinances;
6. Where it is necessary between educational institutions, between educational
administrative agencies, between educational research
institutes, or among educational
institutions, educational administrative agencies, and educational research institutes, for
seeking
academic promotion and balanced development of education between the
regions;
7. Where there is a need to dispatch public education officials to educational institutions or
educational research institutes home
or abroad for developing the abilities of such
officials;
8. Where there is a need to dispatch public education officials to governments, international
organizations, or research institutes
abroad for performing the cooperative projects
between the countries or with international organizations; and
9. Where it is necessary for collecting, etc. of data related to the performance of the related
affairs, development of abilities,
or establishment of national policies of the research
institutes, private institutions and organizations in the country.
(2) The
period of dispatch under section (1) shall be as follows:
1. The period of dispatch as prescribed in section (1) 1, 2, 6, and 8 shall be within two
years, and the period of dispatch as prescribed
in subsections 3 and 5 of the same section
shall be within one year, and where it is especially necessary, such periods of dispatch
may be extended for a period within the scope of one year;
2. The period of dispatch as prescribed in section (1) 4 shall be the period necessary for the
relevant training;
3. The period of dispatch as prescribed in section (1) 7 shall be one year and six months,
and where it is especially necessary,
it may be extended for a period within the scope of
six months; and
4. The period of dispatch for the faculty members of universities/colleges shall be within
two years, and the period of dispatch
for the teachers of various levels of schools not
higher than high school shall be within one year, among the dispatches prescribed
in
section (1) 9, and where it is necessary, such period may be extended for a period within
the scope of one year only for the
faculty members of universities/colleges.
(3) In dispatching any public education official under his/her authority in accordance
with
section (1) 1 through 3, 5, and 6, there shall be a prior request from the head of the
institution to which such public education
official is to be dispatched; and, in the event that
any public education official under his/her jurisdiction is to be dispatched
or the period of
dispatch thereof is to be extended in accordance with section (1) 1 through 3, 8, and 9,
where the relevant public
education official belongs to the state agency, consultation shall
be held with the Minister of Public Administration and Security
(referring to the approval
from the Minister in the cases of reciprocal dispatches between national educational
institutions, educational
administrative agencies, educational research institutes, or among
educational institutions, educational administrative agencies,
and educational research
institutes, other than the dispatches to the Ministry of Education, Science and Technology,
and the case
where a period of dispatch is less than one year), and, where the relevant public
education official belongs to the Office of Education
of the Special Metropolitan City,
Metropolitan City, Do, or Special Self-Governing Province, the approval from the
Superintendent
of the Office of Education shall be obtained.
(4) A dispatch order shall be given by the head of the relevant institution having the
authority for transfer or authority for recommendation
of transfer of the relevant public
education official: Provided, that the orders of dispatching faculty members of a
university/college
shall be given by the head of the institution who has the authority for
transfer, and the dispatch order of the head of an institution
and the dispatches other than
those, for which a separate quota is recognized pursuant to the provisions of Article 7-4,
shall
be given by the head of their institution.
(5) In the case of dispatch for which there is no need to consult with the Minister of Public
Administration and Security, the Minister
shall notify such fact to the Minister of Public
Administration and Security.
[This Article Wholly Amended by Presidential Decree No. 10756, Mar. 11, 1982]
Article 7-4 (Filling Vacancy Caused by Dispatch)
Where the period of dispatch is at least one year, a separate quota is deemed to exist
pursuant to the provisions of Article 43
(2) of the State Public Officials Act or Article 41 (2)
of the Local Public Officials Act, and hence such vacancy may be filled.
In this case, where
it is intended to fill the vacancy caused by the dispatch for a period not less than one year
(excluding the
dispatch for a period not less than one year as prescribed by Article 40), there
shall be prior consultation with the Minister of
Public Administration and Security.
[This Article Wholly Amended by Presidential Decree No. 12406, Feb. 24, 1988]
Article 7-5 (Standards, etc. for Permission of Concurrent
Position of Outside Director
for Faculty Members of University/College)
(1) When the head of a university/college intends to permit holding concurrent positions of
outside directors for the faculty members
under his/her jurisdiction pursuant to the
provisions of Article 19-2, he/she shall undergo a deliberation of the university/college
personnel committee to examine the following matters:
1. Necessity of permission;
2. Appropriateness of permission period;
3. Suitability of the enterprise subject to permission; and
4. Other matters deemed necessary by the head of the university/college in order to prevent
any interference with the education and
guidance of students and academic researches.
(2) Detailed standards for the permission of concurrent positions as prescribed in
section (1)
shall be determined by the head of the university/college.
[This Article Newly Inserted by Presidential Decree No.
17930, Mar. 11, 2003]
Article 8 (Provisions for Mutatis Mutandis Application)
The Regulations for Physical Examination for Recruiting
Public Officials shall apply
mutatis mutandis to physical examination for the new recruitment of public education
officials.
Article 9 (New Appointment of Teachers)
(1) Teachers to be newly appointed shall be the persons selected by open screening.
(2) The open screening as prescribed in section
(1) shall be performed by the person having
appointment authority of the relevant teachers, and the heads of national schools may
entrust
such screening to the Superintendent of the Office of Education of the location of the
relevant school. In this case, where
the person having implementation authority deems it
necessary for the promotion of appointing disabled persons (referring to the
disabled
persons as prescribed in subsection 1 of Article 2 of the Employment Promotion and
Vocational Rehabilitation of Disabled
Persons Act, and the same shall apply hereinafter) as
public officials, he/she may implement the open screening separating part
of the planned
number of persons to be appointed for only disabled persons to take examination.
1. In the case of appointing pursuant to the provisions of Article 12 (1) 1 of the Act: any
person whose cause for retiring from
office has been identified upon inquiring into
his/her previous records (where a public education official has retired from office
to
become a public official in general service, he/she shall be a person who was appointed
as a public official in general service
within one month from his/her retirement);
2. In the case of appointing pursuant to the provisions of Article 12 (1) 2 of the Act: any
person who applies to the standards for
qualification as prescribed in Article 22 of the
Early Childhood Education Act, Article 21 of the Elementary and Secondary Education
Act, Article 16 of the Higher Education Act, or Article 9 of the Act (excluding the case
where the person having appointment authority
appoints the principal of a school in
accordance with the procedures of public advertisement for which Article 21 (1) of the
Elementary
and Secondary Education Act pursuant to Article 61 of the same Act), and
has research or service records of not less than three
years in the fields of duties having
relationship with the post he/she is to be appointed to (including career prior to meeting
the standards for qualification);
3. In the case of appointing pursuant to the provisions of Article 12 (1) 3 of the Act:
teachers to serve in islands and remote areas
as prescribed in Article 2 of the Act on the
Promotion of Education in Islands and Remote Areas, teachers to take charge of
vocational
subjects in secondary schools with certificates of qualification in industrial
subject, and other teachers to take charge of the
subjects deemed especially necessary by
the Minister for the supply and demand of teachers;
4. In the case of appointing pursuant to the provisions of Article 12 (1) 4 of the Act: state
or local public officials of the posts
equivalent to or higher than grade 7 (including
public officials belonging to high-ranking public officials) based on the day to
be
appointed, who have been continuously serving for not less than five years, and meet the
standards for qualification as prescribed
in Article 22 of the Early Childhood Education
Act, Article 21 of the Elementary and Secondary Education Act, Article 16 of the
Higher
Education Act, or Article 9 of the Act, and having nine years or more of experience in
education, educational administration,
or educational research; and
5. In the case of appointing teachers of private schools to public education officials
pursuant to the provisions of Article 12 (1)
5: persons having experience in serving
private schools for not less than three years, and persons who are to retire from office
or
persons over the staff quota due to closing of private schools or departments.
[This Article Newly Inserted by Presidential
Decree No. 8850, Feb. 9, 1978]
Article 9-3 (Appointment of Principals, etc.)
(1) A person who has completed his/her first term as the principal may be reappointed as a
principal in the event that the remaining
term until his/her retirement age as prescribed in
Article 47 of the Act is less than four years.
(2) A person who has completed his/her term as the principal may be appointed as a teacher
pursuant to the provisions of Article
29-2 (5) of the Act unless there is any special reason for
disqualification.
(2) The senior teachers as prescribed in section (1) shall be preferentially treated by
reducing teaching hours, exemption of night
duty, preferential consideration of person
subject to voluntary retirement, and other preferential treatment in various kinds of
school
events.
(3) A senior teacher as prescribed in section (1) may, where there is any request from the
head of the school to which he/she belongs,
comply with counseling of newly appointed
teachers, guidance on encouragement of learning in school, and other advices necessary
for
the operation of the school.
[This Article Newly Inserted by Presidential Decree No. 13448, Aug. 8, 1991]
Article 10 (Appointment Ranking of Candidates for Appointment)
(1) The person having appointment authority shall prepare and maintain a register of
candidates for appointment for the persons
who have passed the open screening for selecting
candidates as provided by Ordinance of the Ministry of Education, Science and Technology.
(2) When newly recruiting teachers, the teachers shall be appointed or recommended for
appointment within the scope of three times
the planned number of recruitment by the order
of highest ranking in the register of candidates for appointment as prescribed in
section (1).
[This Article Wholly Amended by Presidential Decree No. 6572, Mar. 14, 1073]
Article 11 (Method, etc. of Open Screening)
(1) The open screening as prescribed in Article 11 (1) of the Act shall be based on the
methods such as written examinations, practical
examinations, and interview examinations.
(2) The elements for evaluation such as grades, etc. during the period of attendance at
school
which are deemed necessary for selecting superior candidates for appointment of teachers
may be converted to points and
added to the result of written examinations as prescribed in
section (1).
(3) Matters necessary for the implementation of the open screening as prescribed in section
(1) shall be prescribed by the Ordinance
of the Ministry of Education, Science and
Technology.
(1) For any person who has cheated in the appointment examination, the relevant
examination shall be suspended or invalidated, and
that person shall not be permitted to
apply for any examination under this Decree for two years from the date of such disposition.
(2) Any person who cheated in the appointment examination of the state public officials or
local public officials under other laws
and regulations, resulting in his/her qualification for
applying for the relevant examination to be suspended shall be prohibited
from applying for
any examination under this Act during the period of such suspension.
(3) When the head of an institution implementing
appointment examination of public
education officials has taken any disposition as prescribed in section (1), he/she shall,
without
delay, give a notice attached with the reasons thereof to the person who has received
such disposition, and report or notify the
Minister and other local educational administrative
agencies of the person who has received such disposition and the reasons for
such
disposition.
(4) In the event that the person who has cheated is a public official, the head of an institution
implementing appointment examination
of public education officials shall request for
resolution of disciplinary action to the competent disciplinary committee, or request
such to
the head of the agency to which the relevant public official belongs to.
[This Article Newly Inserted by Presidential Decree
No. 17009, Nov. 28, 2000]
Article 12 (Effective Period of Register of Candidates for Appointment)
(1) The effective period of the
register of candidates for appointment shall be one year from
the date such register is prepared.
(2) Where the person having appointment authority or the person having recommendation
authority for appointment deems necessary,
he/she may extend the effective period of the
register of candidates for appointment for a period within the scope of one year.
CHAPTER II-2 RECOMMENDATION FOR APPOINTMENT OF HEAD
OF UNIVERSITY/COLLEGE
Article 12-2 (Recommendation for Head of University/College)
Where a university/college makes a recommendation for the appointment
of the head of the
university/college pursuant to the provisions of Article 24 (1) or Article 55 (1) of the Act, it
shall recommend
at least two candidates to the Minister (referring to the head of the local
government where a public university/college recommends
the appointment of the head
thereof) no later than thirty days prior to the expiration date of the term of office of the head
of
the university/college (where the head of a university/college is unable to perform his/her
duties due to accidents, etc., within
60 days from the date such cause has occurred).
[This Article Wholly Amended by Presidential Decree No. 14167, Feb. 17, 1994]
Article 12-3 (Organization and Operation of Recommendation
Committee for
Appointment of Head of University/College
(1) The recommendation committee for appointment of head of university/college as
prescribed in Article 24 (3) of the Act (hereinafter
referred to as the "committee") shall be
composed of members not less than ten and not more than fifty, as provided by the relevant
university/college, and members shall be among the faculty members not lower than
associate professor: Provided, that in the case
where deemed necessary, persons outside the
relevant university/college may be the members.
(2) The percentage of female members in the committee shall be not less than twenty-
hundredths, and in the case of a university/college
where the percentage of female members
is not satisfied due to the shortage of female faculty members who are eligible as members,
such percentage may be otherwise prescribed by school regulations.
(3) A chairperson and a vice-chairperson shall be placed in the committee, and they shall be
elected among the members by the members.
(4)
(7) The committee shall continue to exist until the date the candidate recommended by the
committee is appointed to the head of
the university/college.
[This Article Newly Inserted by Presidential Decree No. 13448, Aug. 6, 1991]
CHAPTER II-3 Invitation of Teachers by Various Levels
of Schools Not
Higher than High School
Article 12-4 (Request, etc. for Appointment of Invited Principal or Invited Teacher)
Where the heads of various levels of schools
not higher than high school intend to request
the appointment of invited principals or invited teachers pursuant to the provisions
of Article
31 (2) of the Act, they shall pass through the deliberations of the school operating
committee established pursuant
to the provisions of Article 31 (1) of the Elementary and
Secondary Education Act
[This Article Newly Inserted by Presidential Decree No. 15012, Jun. 3, 1996]
CHAPTER III APPOINTMENT OF TEMPORARY TEACHERS
Article 13 (Appointment of Temporary Teachers)
(1) The term "reasons prescribed by the Presidential Decree such as dispatch, training,
suspension, or cancellation of official
position, etc." in Article 32 (1) 2 of the Act refers to
the cases applicable to any of the following subsections: 1. Where it is inevitable to supplement the successor because a teacher is unable to be
engaged in his/her duties for at least one
month due to dispatch, training, demotion,
suspension, or vacation;
2. Where it is not possible to newly recruit teachers as there is no person subject to
appointment in the register of candidates
for appointment of teachers despite the
occurrence of the cause for new recruitment because teachers have retired from office;
and
3. Where a teacher who received a disposition of removal from office, release from office,
or dismissal has requested an application
for examination with the Teacher's Appeal
Examination Committee pursuant to the provisions of Article 9 of the Special Act on the
Improvement of Teachers' Status, and thus the order for supplementary appointment of
the successor is not possible.
(2) The appointment period of the temporary teachers appointed pursuant to the provisions
of section (1) shall be less than one
year, and where it is necessary, such period may be
extended for a period within the scope of three years.
[This Article Wholly
Amended by Presidential Decree No. 15287, Feb. 25, 1997]
CHAPTER III-2 CHANGE OF POST AND TRANSFER
Article 13-2 (Restriction on Change of Post, etc.)
(1) The term "cases where there is any other special ground prescribed by Presidential
Decree" refers to the cases applicable to one of the following subsections:
1. A case of transfer between the institutions for which the persons having transfer
authority or the persons having recommendation
authority for appointment for transfer
are different;
2. A case of assigning a person who has received any special training related to the planned
post of appointment or has service career
or research records corresponding to the
planned post of appointment;
3. A case of receiving a disposition of disciplinary action;
4. A case where there is a suspicion related to a criminal case; and
5. A case prescribed by the Minister as it is deemed extremely inappropriate for the
educational purpose to continuously serve at
the relevant post or work place.
(2)
(1) The person having appointment authority or the person having recommendation
authority for appointment shall establish and implement
a plan for exchanging personnel in
order to prevent slackened work performance due to long-term service at the same post or in
the same region while promoting efficient performance of duties.
(2) In establishing and implementing a plan for exchanging personnel
under section (1), the
person having appointment authority or the person having recommendation authority for
appointment shall
transfer a person who has served in islands or remote areas as prescribed
in Article 2 of the Act on the Promotion of Education
in Islands and Remote Areas for not
less than three years to a place other than islands or remote areas upon taking into account
the desires of the relevant person: Provided, that the same shall not apply where the relevant
person does not wish to be transferred
to another place.
(3) In establishing and implementing a plan for exchanging personnel under section (1), the
person having appointment authority
or the person having recommendation authority for
appointment may, where a public education official who is serving in the place
to which
there are few persons to be transferred is deemed to be needed to serve continuously, have
him/her serve for a long-term
service according to the relevant person's hope.
(4) The person having appointment authority shall not change the post of or transfer the
teachers specially appointed pursuant to
the provisions of Article 12 (1) 3 of the Act to any
institution other than the relevant region or work institution for five years
from the date
he/she is appointed.
(5)
Article 14 (Method for Appointment of Promotion)
(1) When the person having appointment authority or the person having recommendation
authority for appointment intends to promote
a public education official under his/her
jurisdiction (excluding faculty members of universities/colleges, and this shall apply
hereinafter in this chapter), he/she shall appoint or recommend appointment within the scope
of three times the planned number
of persons to be promoted by the order of highest ranking
in the register of candidates for promotion.
(2) The term "a person who has special qualification" refers to a person who has a certificate
of qualification or graduated from
the department prescribed by the Minister among the
persons having certificates of teacher qualification of secondary schools in,
or educational
specialists graduating from, the fields of agriculture, industry, fishery, sea transportation,
arts and physical
science.
Article 15 (Appointment of Special Promotion)
(1) When the person having appointment authority or the person having recommendation
authority for appointment intends to appoint
a special promotion pursuant to the provisions
of Article 15 of the Act, he/she shall promote persons among the public education
officials
who apply to one of the following subsections:
1. In the case as prescribed in Article 15 (1) 1 of the Act, the public education officials who
has received awards pursuant to the
provisions in respect to the cheongbaekni awards
dedicated to public officials with fair and distinguished services;
2. In the case as prescribed in Article 15 (1) 2 of the Act, the public education officials who
are deemed by the Minister to have
remarkable performance records in contribution to
the development of education due to their superior abilities of performing duties.
In this
case, he/she shall obtain a prior approval from the President;
3. In the case as prescribed in Article 15 (1) 3, the public education officials who received
bronze medals or higher grades of the
original plan;
4. The public education officials who voluntarily retire from office pursuant to the
provisions of Article 15 (1) 4; and
5. In the case as prescribed in Article 15 (1) 5, the public education officials who are
deemed by the Minister to have special achievements
while they were in office.
(2). In the event of appointing a special promotion pursuant to the provisions of section (1) 1
through
3, the relevant public education official shall not be subject to restriction on
appointment of promotion as prescribed in Article
16.
(3) In appointing a special promotion pursuant to the provisions of section (1) 1 through 3,
notwithstanding the ranking in
the register of candidates for promotion, the appointee may
be appointed for a promotion to the next higher post; and where the
relevant person does not
have a certificate of qualification for the higher post despite the fact that he/she meets the
standards
for qualification for the higher post, he/she may preferentially receive the
qualification training to acquire a certificate of
qualification for the higher post as provided
by the Ordinance of the Ministry of Education, Science and Technology. 1. Where he/she is under request for resolution of disciplinary action, disciplinary action,
cancellation of post, or leave of absence;
2. Where the following periods have not passed from the date that the execution of
disposition of disciplinary action is completed:
(a) Demotion and suspension: eighteen months
(b) Reduction of salary: twelve months
(c) Reprimand: six months
(2) Where a public official under the application of Acts different from those for public
education officials under this Decree
in respect to disciplinary actions becomes a public
education official under this Act, he/she shall not be appointed for a promotion
for the
eighteen months from the date that the execution of such disposition is completed in the
event that he/she has received
a disposition of demotion, and for the six months from the
date that the execution of such disposition is completed in the event
that he/she has received
other disposition of disciplinary action similar thereto.
(3) Where a person who is in the period of restriction on appointment of promotion referred
to in sections (1) or (2) has received
another disposition of disciplinary action, such period
shall include the period of restriction on appointment of promotion pursuant
to the new
disposition of disciplinary action starting from the date that the execution of the first
disposition of disciplinary
action is completed.
(4) Where a person who is in the period of restriction on the appointment of promotion due
to a disposition of disciplinary action
goes on a leave of absence, the remaining period of
restriction on the appointment of promotion shall start from the date of reinstatement.
In the event of demoting public education officials, in principle they shall be demoted to the
next lower post, and it shall be
implemented by the order of lower ranking person in service
record rating, career rating, record of reeducation and training, and
other records of drills:
Provided, that where a person desires to be demoted, he/she may be demoted regardless of
the order.
Article 19 (Method for Appointment of Preferential Promotion of Demoted Person)
In the event of appointing a preferential promotion
pursuant to the provisions of Article 73-4
(2) of the State Public Officials Act and Article 65-3 (2) of the Local Public Officials
Act,
the order of appointment of a preferential promotion where the persons demoted to the same
posts are at least two persons,
it shall be the order of the date of demotion, and if the dates of
demotion are same, it shall be by the order of the date of appointment
of the previous post
prior to the demotion.
[This Article Wholly Amended by Presidential Decree No. 10756, Mar. 11, 1982]
Article 19-2 (Leave of Absence for Child Care)
The order of leave of absence due to Article 44 (1) 7 of the Act may be placed by separating
such leave in the event that the relevant
official desires.
[This Article Newly Inserted by Presidential Decree No. 20454, Dec. 20, 2007]
Article 19-3 (Leave of Absence
for Employment)
The term "private organization prescribed by Presidential Decree" refers to corporations or
institutions applicable to any of the
following subsections:
1. Non-profit corporations which obtained permission from the Minister or the
Superintendent of the Office of Education of the Special
Metropolitan City, a
Metropolitan City, a Do, and the Special Self-Governing Province pursuant to Article 32
of the Civil Act;
2. In the case of leave of absence of public education officials applicable to the teachers
under Article 14 (2) of the Higher Education
Act, non-profit corporations referred to in
section (1), and corporations established for the purpose of profit-making (including
foreign companies under Article 614 of the Commercial Act) such as unlimited
partnership companies, limited partnership companies,
limited-liability companies, stock
companies, etc. established pursuant to the Commercial Act, which are located in the
country,
and corporations, organizations, associations, etc. established pursuant to the
Special Acts, which are located in the country.
[This Article Newly Inserted by Presidential Decree No. 21264, Jan. 16, 2009]
CHAPTER V SUPPLEMENTARY PROVISIONS
Chapter 20 (Order of Removal from Office Due to Alteration or Abolition of
Organization of Office, etc.)
In the event of removing public education officials from office due to abolition of posts or
excessive staff caused by alteration
or abolition of organization of office, changes in staff
quota, or reduction of budget, the person having appointment authority
or the person having
recommendation authority for appointment shall remove or recommend removal of the
relevant public education
officials from office in the order of lowest ranking person upon
taking into account the service record rating, career rating, record
of reeducation and
training, other records of drills, and dispositions of disciplinary action.
Article 21 (Submission of Register of Persons Removed from Office)
(1) Where public education officials are removed from office
pursuant to the provisions of
Article 20, the head of the educational institution, educational administrative agency, or
educational
research institution having appointment authority or recommendation authority
for appointment shall prepare the register of persons
removed from office according to the
order of service records thereof and submit to the Minister within 30 days from the date that
the relevant public education officials are removed from office.
(2) The effective period of the register under section (1) shall be two years.
Article 22 (Preferential Appointment of Persons Removed from Office)
In the event that the person having appointment authority or
the person having
recommendation authority for appointment intends to fill vacancies, where there is any
person listed in the register
as prescribed in Article 21, he/she may appoint or recommend
for appointment the person listed in the register in priority to other
candidates for
appointment. In this case, the appointment or the recommendation for appointment shall be
in the order of highest
ranking person of such register.
The term "services at special work place" in subsection 2 of the remarks of the attached
Table of the Act refers to services in
official offices abroad.
[This Article Newly Inserted by Presidential Decree No. 10756, Mar. 11, 1982]
Article 24 (Provisions for
Entrustment)
Matters necessary for the implementation of this Decree shall be prescribed by the
Ordinance of the Ministry of Education, Science
and Technology.
This Decree shall enter into effect on the date of its promulgation.
Article 2 (Amendment of Other Laws and Regulations)
Part of
the Decree on Disciplinary action of Public Education Officials shall be amended as
follows:
The term "dismissal or suspension" subsection 1 of Article 1-2 shall be changed to
"dismissal, demotion, or suspension."
Article 3 (Application Example of Restriction on Appointment of Promotion)
The amended provision of Article 16 (4) shall apply starting
from the person who receives
the disposition of disciplinary action after this Decree enters into effect.
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