Regulations Governing the Handling of Cyber Security Matters by Personnel of Government Agencies 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.