〈Relief procedures for Bank officers who disagree with Bank’s personnel management decision〉
Article 53
Bank officers who believe their rights or interests are unlawfully or improperly
undermined by the administrative action of the Bank are entitled to file an
administrative appeal in accordance with the Administrative Appeal Act within thirty days
from the day after the administrative action is served. Bank officers may do the same if
they believe their rights or interests are undermined due to Bank’s inaction on their
applications have been made under these Regulations within the statutory period.
If the period referred to in the preceding Paragraph is not specified by applicable laws
and regulations, it shall be two months from the date the Bank accepts the application.
If a Bank officer believes a management measure or relevant working condition rendered by
the Bank is improper and impairs his/her rights or interests, the staff may, within
thirty days from the day after the management measure or action is in place, appeal
to the Bank for reconsideration by stating the reasons in writing and submitting
supporting documents.
Where an appeal has merits, the Bank shall, within the scope of the objection expressed
by the appellant, revoke the original management measure or action in whole or in part,
and render another management measure or action. However, within the scope of the
objection expressed by the appellant, the Bank shall not adopt a new management measure
or take another action less favorable to the interests of the appellant.
In the event of any of the following circumstances, the Bank should sustain its original
management measure or action:
1. The appeal for reconsideration is without merits.
2. Although reasons on which the originally rendered management measure or action is
based are mildly inappropriate, there are other valid reasons to support such
management measure or action.
3. Even if the original management measure or action rendered was unlawful or clearly
inappropriate however, its revocation or modification will cause serious damage to
public interest, and after considering the damage sustained by the appellant, the
extent of compensation, and the method of damage prevention and other relevant
circumstances, the Bank concludes that the revocation or modification of the
management measure or action is apparently against public interest.
For appeal for reconsideration, the Bank shall, within two months from the next day
following the receipt of the appeal, send the appellant a reply with reasons for the
decision made on the appeal provided in details. If necessary, the reply period may be
extended for another month provided the appellant is notified.