Chapter II. Suitability Review |
| Article 3 | The phrase “when necessary” in Paragraph 1, Article 19 of the Act refers to cases where dedicated cyber security personnel fall under any of the following circumstances:
1. The affairs handled involve national secrets referred to in the Classified National Security Infor mation Protection Act, or military secrets or national defense secrets referred to in the Guideline for Categories, Scopes and Levels of Military Secrets and Defense Secrets.
2. Other matters determined by a government agency, upon comprehensive assessment of the nature of its operations and the actual circumstances of its personnel.
The term “successful candidates” in Paragraph 2, Article 19 of the Act means persons who have passed the cyber security personnel recruitment examination and meet the condition set out in Subparagraph 1 of the preceding paragraph. |
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| Article 4 | The following are the items for suitability reviews carried out under Paragraph 1 or 2, Article 19 of the Act:
1. Any of the circumstances specified in Paragraph 1, Article 28 of the Public Functionaries Appoint ment Act.
2. Persons who meet any of the conditions listed in Subparagraphs 1, 3, 8, or 10, Paragraph 1, Article 3 of the Regulations on Special Checks of Civil Servants Involved in National Security or Significant Interests.
3. Individuals who have been convicted by a final judgment of offenses against computer security as defined in the relevant chapter of the Criminal Code, or who are currently wanted in unresolved cases related to such offenses.
Where the circumstance set out in Subparagraph 1 of the preceding paragraph exists, the person shall be deemed to have failed the review.
When the circumstances described in Subparagraph 2 or 3, Paragraph 1 arise, the government agency must send the case to its Personnel Selection and Evaluation Committee to assess the seriousness and the nature of the intended position, then submit the committee’s recommendation to the agency head for approval. Appointment decisions made by the head must include a written explanation of the reasons. When a review finds a potential threat to national security or significant interests, the review will be considered as failed.
In the event that the government agency referred to in the preceding Paragraph has not set up a Personnel Selection and Evaluation Committee, the matter shall be handled through another appropriate meeting.
Current civil servants who believe that the decisions mentioned in Paragraphs 2 and 3 are unlawful or clearly inappropriate and have harmed their rights or interests may seek remedies under the Civil Service Protection Act. Persons who are not incumbent civil servants may seek remedies under the Administrative Appeal Act. |
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| Article 5 | When a government agency or the competent authority conducts a suitability review, it shall, with the appended form attached, send an official request to the Ministry of Justice Investigation Bureau to conduct the review, and shall notify the individual concerned.
After the Ministry of Justice Investigation Bureau responds with the review results, the government agency or competent authority shall notify the individual concerned in writing within three days, counted from the day following receipt. |
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| Article 6 | Where the individual concerned considers the review results referred to in the preceding Article to be inconsistent with the facts, he or she may, within 15 days from receipt of the written notice, submit a statement and defense to the government agency or the competent authority, limited to one submission.
After receiving the statement and defense referred to in the preceding paragraph, the government agency or competent authority shall send an official request to the Ministry of Justice Investigation Bureau to conduct a renewed review.
After the Ministry of Justice Investigation Bureau responds with the renewed review results, the government agency or competent authority shall notify the individual concerned in writing within three days, counted from the day following receipt. |
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| Article 7 | Where the duties of dedicated cyber security personnel referred to in Paragraph 1, Article 19 of the Act are performed on an acting basis by the same incumbent personnel for more than three months, the provisions of this Chapter shall apply mutatis mutandis to the conduct of a suitability review. |
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