Section 58. Where any civil servant holding an executive position has performed the same duties for four consecutive years, the supervising official authorized to make an instatement order under section 57 shall undertake proceedings to effect an exchange of duties, relocation or transfer to perform other duties, except where it is necessary for the benefit of the government service, in which case the approval of the Council of Ministers may be requested for such person to continue performing the same duties for not more than two years, in accordance with the rules and procedures prescribed by the CSC.

The provisions of paragraph one does not apply to holders of positions prescribed by the CSC as positions having specific nature of work.

Section 59. A person instated and appointed under section 53 paragraph one or section 55 shall perform official duties on a probationary basis and shall be developed to learn on the regulations and arrangements of the government service and the good conduct of officials, as prescribed by CSC Regulation.

Where a person performing official duties on a probationary basis under paragraph one has achieved an evaluation result on the probationary performance of official duties as prescribed by CSC Regulation which is not lower than the prescribed standards, the supervising official authorized to make an instatement order under section 57 shall order such person to continue serving in the government service. If such person addresses an evaluation result on the probationary performance of official duties which is lower than the prescribed standards, the supervising official authorized to make an instatement order under section 57 may discharge such person from government service regardless of whether or not the probation period has expired.

A person discharged from government service under paragraph two shall be regarded as if such person has never been a civil servant.

However, there shall be no prejudice to any acts of such person in the performance of official duties or the receipt of salaries or other benefits received or entitled to receive from the government service while such person remained in the probation period.

Where a person in the probation period is subject to reasonable grounds to allege a breach of discipline, the supervising official shall undertake disciplinary proceedings as provided in Chapter 7 Disciplinary Proceedings, and if such person is also subject to a cause for discharge from government service under paragraph two, the supervising official shall preliminarily proceed under paragraph two.

The provisions of paragraph one, paragraph two and paragraph three shall apply mutatis mutandis to officials or employees in the local administration transferred under section 64 during the probationary performance of official duties.

Section 60. Where a civil servants serving in the probation period is discharged from government services under section 111 and it subsequently appears that such person is subject to a cause for discharge from government service under section 59 or other sections, the supervising official authorized to make an instatement order under section 57 or an authority under other sections, as the case may be, shall have the power to modify the order as a discharge from government service under section 59 or under such other section.

Section 61. The appointment of a civil servant to a position in a class series not provided in the class specifications shall not be made.

Section 62. A person appointed to any civil servant position must possess the qualification requirement for such position as provided under the class specifications.

In the case where there are reasons and necessity, the CSC may approve the appointment of a civil servant possessing qualifications different from the qualification requirements as provided under the class specifications.
In the case where the CSC stipulates a degree, vocational certificate or any credential as a qualification requirement, it shall mean degrees, vocational certificates or credentials recognized by the CSC.

Section 63. The relocation, transfer or promotion of a civil servant to a civil servant position within the same or other ministry or department, as the case may be, shall be as prescribed by CSC Regulation.

The temporary transfer and reappointment of a civil servant from a ministry or department to a civil servant position in a foreign country under another ministry or department for a specified period may be effected under the rules and procedures prescribed by the CSC.

The relocation or transfer and reappointment of a civil servant to a position at a lower level may not be effected, except where the consent of such civil servant has been obtained.

The instatement of a civil servant who has retired due to being discharged from government service for entry to the military service under the law on military service, or who has received the approval of the Council of Ministers to perform any work whereby such period shall be fully included in the calculation of gratuities and pensions as official working period, or a retirement from government service which was not a retirement during the probation period, back to government service in the ministry or department, including the instatement and appointment of such person to position categories, class series, levels, and the determination of salary amount of such person, may be effected under the rules and procedures prescribed by the CSC.

For the purposes of government service period determination under this Act and under the law on official gratuities and pensions, a civil servant who has retired due to being discharged from government service for entry military service under the law on military service, or who has received the approval of the Council of Ministers to perform any work whereby such period shall be fully included in the calculation of gratuities and pensions as government service period, upon reinstatement to the government service, shall be entitled to aggregate the days in government service prior to the discharge from government service with the days in military service under the law on military service or days of performing any work as approved by the Council of Ministers, as the case may be, and days in government service upon reinstatement to the government service as a consecutive government service period as if such person was never discharged from the government service. A person discharged from government service which was not a discharge during the probation period, and reinstated to the government service under paragraph four, shall be entitled to include government service time prior to the discharge from government service for the purpose of counting government service periods under this Act.

Section 64. The transfer of local officials, transfer of officials who are not civil servants under this Act and not political officials, and the transfer of personnel from other State agencies prescribed by the CSC, to instatement as civil servants, as well as the appointment to any position category, class series, level, and the determination of salary amount, may be effected under the rules and procedures prescribed by the CSC.

For the purposes of government service period determination, the government service period or working period of the person transferred to government service under paragraph one shall also be deemed as government service period of civil servants under this Act.

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