Keywords
: South Korea, public officials, civil servant, reforms.
Kalit so'zlari
: Janubiy Koreya, davlat amaldorlari, davlat xizmatchisi, islohotlar.
Ключевые слова:
Южная Корея, представители власти, государственный
служащий, реформы.
There is no concept of public or civil servant in South Korean public administration, but
in the system of governance, the institutional powers and procedures for the activities of public
servants are reviewed by the executive branch.
“DIGITAL TRANSFORMATION OF INDUSTRY AND SERVICES: TRENDS, MANAGEMENT,
STRATEGIES”
356
The legislation of the Republic of Korea has enacted “State public officials act”, “Public
service ethics act”, “Code of conduct for public officials” and “Public officials pension act”,
regulating the state of civil service.
Based on these laws, by-laws include Decree “On the appointment of public officials”,
Decree “On public officials appointment examinations”, Decree “On disciplinary action against
public officials”, procedures for appeals. Some types of public service are regulated by special
acts, such as police and military service. Public service procedures are also regulated by
“Government organization act”, “Board of audit and inspection act”, “Court organization act”,
“Prosecutors’ office act” and others. At the local level, it is regulated by laws similar to the
“Local public officials act” and acts of state importance.
It should be noted that the “Code of conduct for public officials” in South Korea imposes
various restrictions on the conditions of employment of public officials, movement in the
service, and compliance with these restrictions is strictly controlled. For example: use of illegal
property, receipt of funds, abuse of position by public officials during service and others. Article
2 of South Korean “State public officials act” divides public servants into two classes.
First Class Approved Servants. These include: prosecutors, judges, and others. They
follow the general service classifier and perform their service duty conscientiously throughout
their career. The second class is elected and approved by the National Assembly. These include:
political servants. Employees in this category are hired as long as they adhere to the standards of
a political classifier to manage senior management.
Article 2 of “State public officials act” also states that senior civil service is selected from
high-ranking officials for these public positions to organize the high level of management in the
management of the government.
Article 22 of this Act states that the classification of civil servants may be amended by
Presidential Decree of South Korea
On the bases of article 46 of this Act, it is stated that the remuneration of public servants
shall be determined by rank, by position or by level of duties as well as the set of duties and the
degree of responsibility. These include:
•
remuneration is based on the standard of living of society, the level of prices, and so
on. In addition, the remuneration is to ensure that the private sector’s wages are not less than;
•
equality between ranked and non-ranked service must be taken into account;
•
the salary in the remuneration of public officials, excluding those determined by Acts,
shall be determined by Presidential Decree;
•
no money or valuables may be paid as remuneration of public officials, unless it is
provided for by this Act.
The following matters concerning the remuneration are reflected by Presidential Decree:
1)
matters concerning salaries, salary classes, and raises in salary
2)
allowances;
3)
payment method, calculation, and payment of remuneration.
Payment of special benefits and bonuses, as well as special salary increases must be
based on other legal documents.
The types of remuneration and the order of additional payments are determined by the
Presidential Decree.
Article 48 of “State public officials act” states that reimbursement of actual expenses
incurred in performing his/her duties must be justified. Unlike the state agency, there is provision
in the Article 49 that provides remuneration of person dispatched by institution.
Other methods of remuneration include honorable retirement, as set out in Article 74-2.
Prior to enlistment, the candidate will be screened by South Korean security, who will
then take competitive exam to determine his or her professional skills.
According to Article 33 of “State public officials act”, in the Republic of Korea, the civil
service is not recruited in the following cases:
•
if the person is bankrupt;
Do'stlaringiz bilan baham: |