Temporary Retirement from Office
Temporary Retirement from Office
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Overview
- (Concept) A system for guaranteeing the status of a civil servant who is not to be dismissed from office when he/she is unable to perform his/her duties for certain reasons while in service and instead does not have to engage in his/her duties so that his/her status is maintained for a certain period of time
- (Legal Grounds) State Public Officials Act (Articles 71 – 73), Decree on the Appointment of Public Officials (Article 7), etc.
Reasons and Period
| Type | Reasons | Period |
|---|---|---|
| Ex-officio Leave of Absence | Where a civil servant is in need of long-term medical care due to any physical or mental disability * Up to three years for an occupational disease |
Max. 1 year (may be extended for up to 1 year) |
| Where a civil servant is enlisted or called up for military service under the Military Service Act | Period of service | |
| Where it is unknown whether a civil servant is alive or dead due to any force majeure, war, emergency or for other reasons | Max. 3 months | |
| Where a civil servant deserts office in order to discharge duties as prescribed by other Acts | Period of service | |
| Where a civil servant takes exclusive charge of affairs of a labor union under Article 7 of the Act on the Establishment and Operation of Public Officials' Unions | Period of full-time service | |
| Requested Leave of Absence | Where a civil servant is employed temporarily by an international organization or foreign institution, college/university or research institution in Korea or abroad, or a private enterprise | Period of recruitment |
| Where a civil servant is going to study abroad | Max. 3 years (may be extended for 2 years) |
|
| Where a civil servant is to receive training at a research or educational institute, etc. designated by the head of the central civil service management agency | Max. 2 years | |
| Where it is required for raising a child under 8 years of age or a child in the second grade or below, or when any female civil servant becomes pregnant or gives birth | Max. 3 years | |
| Where it is required for supporting or taking care of a grandparent, parent (including parents of a spouse), spouse, child or grandchild *For grandparents and grandchildren, allowed only when the cases fall under Article 57-8 of the Decree on the Appointment of Public Officials |
Max. 1 year (3 years in total) | |
| Where a civil servant accompanies his/her spouse who will work, study or train abroad | Max. 3 years (may be extended for 2 years) |
|
| Where a civil servant conducts learning/research activities for the purpose of performing job-related research tasks or self-development | Max. 3 years (may be extended for 2 years) |
Effects of Temporary Retirement
While the status is maintained, duties may not be performed and a certain amount of the pay is provided during the leave of absence
- Leave of absence due to physical or mental disability: 70% of the pay for up to one year of sick leave (60% of the monthly salary), 50% of the pay for over one year and up to two years (40% of the monthly salary)
- Leave of absence due to an occupational disease or injury: full payment
- Leave due to studying abroad for up to 2 years: 50% of the pay (40% of the monthly salary)
- Childcare leave: up to 80% of the monthly pay (KRW 0.7 – 1.5 million / month); the payment period is within one year from the commencement date of leave
If both parents take childcare leave for the same child and the parent who takes the second parental leave is a civil servant, the civil servant's childcare leave allowance for the first three months shall be an amount equivalent to the monthly pay, and the upper limit shall be KRW 2.5 million