Secondment of Civil Servants (State Public Officials Act: Article 32-4 and Article 43; Decree on the Appointment of Public Officials: Article 41)
Definition
If deemed necessary for the performance of any national project, or for any administrative support, training, ability development, etc. related to the performance of such project, competent civil servants may be seconded to another State agency to work there for a certain period.
Reasons and Period, etc.
| Subparagraph | Reasons | Period | Seconded to |
|---|---|---|---|
| No. 1 | Where it is to conduct national projects at institutions or organizations other than national institutions | Max. 2 years (The total secondment period may be extended to a maximum length of 5 years) |
Local government /committee of an international event |
| No. 2 | Where it is to support administrative affairs of another institution due to its heavy workload | Max. 2 years (The total secondment period may be extended to a maximum length of 5 years) |
State agency |
| No. 3 | Where the jurisdiction of administrative affairs is not clear or it is necessary to jointly perform special duties | Max. 2 years (The total secondment period may be extended to a maximum length of 5 years) |
State agency |
| No. 4 | Learning and development | Required period | Learning and development institution |
| No. 5 | Where a civil servant is selected as teaching personnel for a maximum length of 1 year | Max. 1 year (may be extended for 1 additional year if necessary) |
Learning and development institution |
| No. 6 | Where it is for the performance of duties and development of abilities in international organizations or foreign governments / research institutions | Required period | International organization, foreign government / research institute |
| No. 7 | Where it is for collection of data, etc. relevant to the performance of duties, development of abilities or formulation of national policies at domestic research institutes and private institutions/organizations | Max. 2 years (The total secondment period may be extended to a maximum length of 5 years) |
Domestic research institute, private agency/organization |
Procedures
- In the case of secondment under Nos. 1, 2, 3 and 5, the request of the head of the agency to receive a seconded civil servant is required.
When the seconded civil servant is decided, the head of the agency to send the civil servant on secondment shall undergo consultations with the head of the agency to receive the seconded civil servant.
- In the case of secondment or extension of the secondment period according to the provisions of Nos. 1, 2, 3, 6 and 7, consultations with the Minister of Personnel Management are required in advance.
If the secondment period is less than one year, the competent minister gives approval
Filling of Vacancies
If the remaining secondment period is two months or shorter, vacancies may not be filled.
Promotion of Secondees
Promotion is possible within a quota prescribed by law or Presidential Decrees regulating the organization and quota of agencies at each level or within a separate quota prescribed through consultations with the Ministry of the Interior and Safety under Article 24-2 of the “General Rules on the Organization and Quota of Administrative Institutions“ (there shall be no excessive number of current personnel in the organization of the original agency).
Service
- If there is a disciplinary ground during the secondment period, the head of the seconded agency shall notify the head of the original agency
- If a civil servant on secondment neglects his/her duties or damages dignity as a civil servant, he/she shall be returned or replaced.
Remuneration
- If there are special provisions in laws and regulations or if there is a separate agreement between the original agency and the agency to receive a secondee, payment may be made by the seconded agency.
- In addition to remuneration, compensation for actual expenses, such as travel expenses necessary for the performance of duties, may be paid by the seconded agency.
Secondment of Non-governmental Experts to the Civil Service (State Public Officials Act: Article 32-4; Decree on the Appointment of Public Officials: 41-2)
Requirements for Secondment
Where it is deemed necessary for the joint performance of a national project or for the efficient performance of special functions requiring expertise
Eligible Secondees
Executives or employees of private institutions who have a direct interest in the work to be performed by a secondee may not be seconded.
Secondment Procedures
The competent minister shall notify the Minister of Personnel Management of the secondment within 10 days after secondment, attaching the deliberation result, the purpose of each secondment, duties to be performed during secondment and the necessity for secondment, etc. (including the case of period extension)
In the case of inappropriate secondment as a result of the status check by the Minister of Personnel Management, requests for measures, such as returning of the secondee, shall be made
Secondment Period
- Competent minister – 2 years (may be extended up to one year if necessary)
- If the ground for secondment ceases to exist, the purpose of secondment is achieved (where no prospect of accomplishing exists) or the purpose of secondment is violated, returning to the original agency shall be possible even during the secondment period.
Service
The head of the State agency to which a non-governmental expert has been seconded shall direct and supervise.
Remuneration
- If necessary, the seconded agency may pay remuneration in consultation with the agency that sent the secondee
- Compensation for actual expenses may be paid by the seconded agency.
Actions while in Service
Executives or employees seconded from private institutions shall be deemed civil servants in conducting actions while in service under the Criminal Act or other Acts (Paragraph 3, Article 32-4 of the Act).