ACT ON THE MANAGEMENT OF PRESIDENTIAL ARCHIVES
Act No. 8395, Apr. 27, 2007
Amended by Act No. 9401, Jan. 30, 2009
Act No. 10009, Feb. 4, 2010
CHAPTER Ⅰ GENERAL PROVISIONS
The purpose of this Act is to heighten the transparency and accountability of national administration by prescribing matters necessary for the efficient management of Presidential records, such as the protection, preservation, utilization, etc. of Presidential records and the establishment and operation of Presidential Archives.
The terms used in this Act shall be defined as follows:
<Amended by Act No. 10009, Feb. 4, 2010>
| (b) | Institutions, the function of which is to assist, advise or guard the President; |
| (c) | Presidential transitional committee prescribed in
Article 6 of the Presidential Transitional Act (hereinafter referred to as "Presidential transitional institutions");
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1-2. The term "records and materials" prescribed in subparagraph 1 means the following:
| (b) | Presidential symbols worth preservation on a national scale (referring to materials, administrative materials, etc on which patterns symbolizing the President are engraved; hereinafter the same shall apply); |
| 2. | The term "Presidential Archives" means an institution that manages Presidential records permanently, equipped with facilities and equipment necessary for the permanent preservation of Presidential records and specialists for the operation thereof; |
| 3. | The term "private records" means private diaries, journals, records related to private political activities, etc., which are private records of the President not directly related to the duties of the President or do not directly affect the performance of such duties. |
The ownership of Presidential records shall belong to the State, and the State shall manage Presidential records, as prescribed by this Act.
| Article 4 (Relationship with Other Acts) |
Taking precedence over other Acts, this Act shall apply to the management of Presidential records, and the
Act on the Management of Public Archives (hereinafter referred to as "Act on the Management of Public Archives") shall apply to matters not prescribed by this Act.
CHAPTER Ⅱ SPECIAL COMMITTEE FOR MANAGEMENT OF PRESIDENTIAL RECORDS
| Article 5 (Special Committee for Management of Presidential Records) |
| (1) | In order to deliberate on matters concerning the management of Presidential records, the National Records Management Committee prescribed in
Article 15 (1) of the Act on the Management of Public Archives (hereinafter referred to as "national records management committee") shall have a Special Committee for the management of Presidential records.
<Amended by Act No. 10009, Feb. 4, 2010> |
| (2) | The Special Committee for the management of Presidential records prescribed in paragraph (1) (hereinafter referred to as "special committee") shall deliberate on the following matters:
<Amended by Act No. 10009, Feb. 4, 2010> |
| 1. | Basic policy on the management of Presidential records and perusal thereof by former Presidents; |
| 2. | Approval for the destruction of Presidential records and the extension of time of transfer thereof; |
| 3. | Rescission of protective measures of Presidentially designated records prescribed in
Article 17 (1);
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| 4. | Reclassification of confidential records and classified Presidential records; |
| 5. | Matters concerning the establishment of individual Presidential libraries; |
| 6. | Important matters concerning the operation of Presidential libraries; |
| 7. | Other matters concerning the management of Presidential records. |
| (3) | The Special Committee shall be comprised of nine members or less including a chairperson, and the chairperson shall be appointed or commissioned by the chairperson of the National Records Management Committee from among the following persons:
Provided, That no less than 1/2 of the members shall be commissioned from among persons under subparagraph 3:
<Amended by Act No. 10009, Feb. 4, 2010> |
| 1. | Members of the National Records Management Committee; |
| 2. | Head of the Presidential Archives; |
| 3. | Persons with abundant knowledge and experience in the management of Presidential records. |
| (4) | The chairperson of the Special Committee shall be designated by the chairperson of the National Records Management Committee from among members under paragraph (3).
<Amended by Act No. 10009, Feb. 4, 2010> |
| (5) | The term of office of members, other than public officials, shall be three years. |
| (6) | In order to support the affairs of the special committee, the Special Committee shall have one executive secretary who is designated by the chairperson of the Special Committee from among public officials belonging to the Presidential Archives.
<Amended by Act No. 10009, Feb. 4, 2010> |
| (7) | Matters deliberated on by the Special Committee among matters prescribed in subparagraphs 2 through 4, 6 and 7 of paragraph (2) shall be deemed to have been deliberated on by the National Records Management Committee prescribed in
Article 15 of the Act on the Management of Public Archives.
<Amended by Act No. 10009, Feb. 4, 2010> |
| (8) | Matters necessary for the composition, operation, etc. of the Special Committee shall be prescribed by Presidential Committee.
<Amended by Act No. 10009, Feb. 4, 2010> |
| Article 6 (Maintenance, etc. of Political Neutrality of Members) |
In performing duties pertaining to their authority, the members of the Special Committee shall maintain political neutrality and the independence and objectivity of duties.
<Amended by Act No. 10009, Feb. 4, 2010>
CHAPTER Ⅲ MANAGEMENT OF PRESIDENTIAL RECORDS
| Article 7 (Principles of Creation and Management) |
| (1) | The President and the heads of institutions prescribed in subparagraph 1 (b) and (c) of
Article 2 shall have all the process and results relating to the performance of duties by the President created and managed as records.
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| Article 8 (Electronic Creation and Management) |
The heads of institutions prescribed in subparagraph 1 (b) and (c) of
Article 2 (hereinafter referred to as "Presidential record creation institutions"), record repositories of Presidential record creation institutions and Presidential Archives shall have Presidential records created and managed electronically, and have records not created in electronic form managed electronically.
| Article 9 (Record Repositories of Presidential Record Creation Institutions) |
| (1) | The heads of Presidential record creation institutions shall establish and operate a record repository, as prescribed by Presidential Decree, for systematic management of Presidential records:
Provided, That in cases of a Presidential record creation institution in which the establishment of a record repository is difficult, the record repository established by institutions assisting the President shall perform duties prescribed in paragraph (2) 1 through 3, 5 and 6.
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| (2) | The heads of record repositories of Presidential record creation institutions shall perform the following duties: |
| 1. | Establishment and implementation of a basic plan concerning the management of Presidential records of relevant institutions; |
| 2. | Collection, management, utilization and destruction of Presidential records of relevant institutions; |
| 3. | Transfer of Presidential records to the central records management institution; |
| 4. | Receipt of opening of information on Presidential records of relevant institutions; |
| 5. | Guidance and supervision of and support to the management of Presidential records of affiliated Presidential record creation institutions; |
| 6. | Other matters concerning the management of Presidential records. |
| Article 10 (Notification of Present Status of Creation) |
| (1) | For swift collection and transfer of Presidential records, the heads of Presidential record creation institutions shall notify the heads of affiliated record repositories of the present status of creation of Presidential records every year, and the heads of record repositories shall notify the head of the central records management institution of such situation:
Provided, That in cases of the present status of the year in which the term of office ends and that of the previous year, such situations shall be notified before the term of office ends.
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| (2) | Matters necessary for procedures for the method, time, etc. of notification of the present status of Presidential records shall be prescribed by Presidential Decree. |
| (1) | The heads of Presidential record creation institutions shall transfer Presidential records to affiliated record repositories within the period prescribed by Presidential Decree, and record repositories shall transfer Presidential records subject to transfer to the central records management institution before the term of office of the President ends:
Provided, That the records of the Presidential transition institutions shall be transferred to the central records management institution before the period of existence prescribed in
Article 6 of the Presidential Transition Act expires.
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| (2) | When the head of institution guarding the President intends to extend the time of transfer of records on the guard of the President in order to utilize them for the performance of duties, notwithstanding paragraph (1), he/she may request the head of the central records management institution to extend the time of transfer, as prescribed by Presidential Decree. In such cases, the head of the central records management institution may determine separate time of transfer after consultation with the head of institution guarding the President. |
| (3) | When Presidential records have been transferred to the head of the central records management institution pursuant to paragraphs (1) and (2), he/she shall have the Presidential Archives manage such Presidential records. |
| (4) | The heads of record repositories of Presidential record creation institutions shall devise measures necessary for transfer, such as ascertainment, preparation of lists, adjustment, etc. of Presidential records subject to transfer from six months before the term of office of the President ends. In such cases, the head of the central records management institution may support matters necessary for the transfer of Presidential records, such as persons to adjust records, etc. |
Where Presidential records are divulged from public institutions or fail to be transferred pursuant to
Article 11 (1) and (2), the head of the central records management institution shall devise measures to retrieve them or to have them transferred to himself/herself.
| (1) | When the heads of Presidential record creation institutions intend to destroy Presidential records, the period of preservation of which has elapsed, they shall destroy such Presidential records after deliberation of the Special Committee.
<Amended by Act No. 10009, Feb. 4, 2010> |
| (2) | Where the heads of Presidential record creation institutions intend to destroy Presidential records pursuant to paragraph (1), they shall send a list of Presidential records subject to destruction to the head of the Presidential Archives no later than 60 days before the date such Presidential records are to be destroyed, and the head of the Presidential Archives shall have the list deliberated on by the Special Committee and notify the result to the heads of Presidential record creation institutions within 50 days from the date he/she received such list. In such cases, the heads of Presidential record creation institutions shall publicly announce the list of Presidential records determined to be destroyed in the Official Gazette or information and communications networks without delay.
<Amended by Act No. 10009, Feb. 4, 2010> |
| (3) | Where the head of the Presidential Archives intends to destroy Presidential records, the period of preservation of which has elapsed among Presidential records transferred pursuant to
Article 11 (1) and (2), they shall have such Presidential records deliberated on by the Special Committee. In such cases, the head of the Presidential Archives shall announce the list of Presidential records determined to be destroyed in the Official Gazette or information and communications networks without delay.
<Amended by Act No. 10009, Feb. 4, 2010> |
| (4) | Matters necessary for the procedures, etc. for the destruction of Presidential records shall be prescribed by Presidential Decree. |
| Article 14 (Prohibition of Destruction, Removal, etc. without Permission) |
No one shall destroy, damage, conceal, break, divulge or remove Presidential records from Korea without permission.
| Article 15 (Security Measures and Disaster Measures) |
For the protection and safe management of Presidential records under jurisdiction, the head of Presidential record creation institutions and the head of the Presidential Archives shall establish and implement security measures and disaster measures for Presidential records, as prescribed by Presidential Decree.
CHAPTER Ⅳ DISCLOSURE OF PRESIDENTIAL RECORDS TO THE PUBLIC AND PERUSAL THEREOF
| (1) | In principle, Presidential records shall be disclosed to the public:
Provided, That in cases of Presidential records including information falling under
Article 9 (1) of the Official Information Disclosure Act, such Presidential records need not to be disclosed to the public.
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| (2) | When the heads of Presidential record creation institutions intend to transfer Presidential records to the affiliated record repository, they shall classify whether relevant Presidential records are to be disclosed to the public and transfer such Presidential records. |
| (3) | The head of the Presidential Archives shall reclassify Presidential records classified as not to be disclosed to the public, within one year after an elapse of five years from transfer, whether to disclosed to the public, and reclassify whether to disclosed to the public every two years after such first reclassification, following deliberation by the Special Committee.
<Amended by Act No. 10009, Feb. 4, 2010> |
| (4) | In principle, Presidential records undisclosed to the public shall be disclosed to the public when 30 years pass after the end of the year of creation. |
| (5) | Notwithstanding paragraph (4), the head of the Presidential Archives need not to be disclosed Presidential records to the public, which are expected to cause serious obstacle to national security if disclosed to the public after deliberation of the Special Committee. In such cases, they may hear the opinions of the heads of institutions prescribed in subparagraph 1 (b) of
Article 2.
<Amended by Act No. 10009, Feb. 4, 2010> |
| Article 17 (Protection of Presidentially Designated Records) |
| (1) | The President shall be allowed not to permit Presidential records falling under any of the following subparagraphs (hereinafter referred to as "Presidentially designated records") to be perused, duplicated, etc., or may determine a separate period during which requests for submission of data can be denied (hereinafter referred to as "protection period"): |
| 1. | Confidential records concerning military affairs, diplomacy and unification prescribed by Acts and subordinate statutes, which may seriously threaten national security if disclosed to the public; |
| 2. | Records concerning domestic and foreign economic policies, trade and finance, which may obstruct the stability of the national economy if disclosed to the public; |
| 3. | Records concerning the personnel affairs of public officials in political position, etc.; |
| 4. | Records concerning the private life of individuals, which may incur infringement on the name, body, property and honor of individuals and interested persons if disclosed to the public; |
| 5. | Records of communication created among the President, institutions assisting the President and institutions advising the President, among institutions assisting the President and institutions advising the President, among institutions assisting the President or among institutions advising the President, which should not be disclosed to the public; |
| 6. | Records representing the political view or standing of the President, which may incur political turmoil if disclosed to the public. |
| (2) | The protection period shall be designated, by record, before records are transferred to the central records management institution, and matters necessary for the procedures, etc. for designation shall be prescribed by Presidential Decree. |
| (3) | The protection period may be determined within the extent of 15 years:
Provided, That in cases of records concerning the privacy of individuals, the protection period may be determined within the extent of 30 years.
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| (4) | During a protection period, records shall be made available to be perused, duplicated and submitted for data within the minimum extent in any of the following cases, and shall not be subject to requests for submission of data prescribed by other Acts: |
| 1. | Where 2/3 or more of the members of the National Assembly have resolved approval; |
| 2. | Where a writ issued by the head of the competent high court, judging relevant Presidential records correspond to important evidence, has been presented:
Provided, That in cases where the head of the competent high court judges that perusal, duplication and submission of data may incur serious danger to national security, and it is worried that perusal, duplication and submission of data may seriously obstruct diplomatic relationship and the stability of the national economy, etc. he/she shall not issue a writ;
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| 3. | Where a staff member of the Presidential Archives has obtained prior approval from the head of the Presidential Archives as needs for the performance of duties of records management exist. |
| (5) | The head of the Presidential Archives may rescind protective measures on Presidentially designated records after deliberation of the Special Committee, which are recognized to be not in need of actual protection because former Presidents or representatives designated by former Presidents have publicized through publications, press, etc. the contents that are not confidential among the contents perused as prescribed in
Article 18.
<Amended by Act No. 10009, Feb. 4, 2010> |
| (6) | Matters necessary for the perusal, duplication, method of submitting data and procedures, etc. therefor under paragraph (4) shall be prescribed by Presidential Decree. |
| Article 18 (Perusal by Former Presidents) |
| (1) | Notwithstanding
Article 17 (4), where a former President intends to peruse Presidential records created during his/her term of office, the head of the Presidential Archives shall proactively cooperate in offering convenience necessary for perusal, etc., record the process of consultation on offering convenience, details of offered convenience, etc. in documents, and specially manage such documents.
<Amended by Act No. 10009, Feb. 4, 2010> |
| (2) | For perusal under paragraph (1), former Presidents may designate representatives within the extent of necessity including one of the secretaries prescribed in
Article 6 (1) of the Honorable Treatment of Ex-Presidents Act.
<Added by Act No. 10009, Feb. 4, 2010><<Enforcement Date; Aug. 5, 2010>> |
| (4) | Matters necessary for the method of perusal by former Presidents and their representatives and procedures therefor, and security measures, etc. for online perusal under paragraphs (1) through (3) shall be prescribed by Presidential Decree.
<Added by Act No. 10009, Feb. 4, 2010><<Enforcement Date: Aug. 5, 2010>> |
| Article 19 (Prohibition of Leaking, etc. Presidentially Designated Records) |
Those who are or have been in charge of the duties of managing Presidential records, or those who have accessed or perused Presidential records shall not leak confidential information that they have learned in the course or details included in the Presidential records in the protection period:
Provided, in cases of facts that are not confidential information among the details included in the Presidentially designated records perused by former Presidents or representatives designated by former Presidents pursuant to
Article 18, this shall not apply.
| Article 20 (Reclassification of Confidential Records) |
| (1) | Where the head of the Presidential Archives intends to rescind the confidentiality of confidential records or to extend protection period, etc. of confidential records in preservation, they shall reclassify such records after deliberation by the Special Committee, as prescribed by Presidential Decree. In such cases, they may hear the opinions of relevant institutions.
<Amended by Act No. 10009, Feb. 4, 2010> |
| (2) | Where Presidentially designated records are confidential records in cases under paragraph (1), such records shall be reclassified after the end of protection period. |
CHAPTER Ⅴ ESTABLISHMENT AND OPERATION OF PRESIDENTIAL ARCHIVES
| Article 21 (Establishment of Presidential Archives) |
For efficient preservation, perusal and utilization of Presidential records, the head of the central records management institution shall establish the Presidential Archives under his/her jurisdiction.
| Article 22 (Function of Presidential Archives) |
The Presidential Archives shall perform the following duties:
| 1. | Establishment and implementation of a basic plan on the management of Presidential records; |
| 2. | Collection, classification, appraisal, recording, preservation and destruction of Presidential records, and preparation and management of statistics thereon; |
| 3. | Reclassification of confidential records and classified Presidential records; |
| 4. | Rescission of protective measures for Presidentially designated records; |
| 5. | Open perusal, exhibition, education and publicity of Presidential records; |
| 6. | Support to research activities on Presidential records; |
| 7. | Collection and management of private records under
Article 26;
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| 8. | Other matters necessary for the management of Presidential records. |
| Article 23 (Head of Presidential Archives) |
| (1) | The head of the Presidential Archives shall take overall charge of various duties concerning the management of the Presidential records and the operation of the Presidential Archives, and direct and supervise affiliated staff members. |
| (2) | The term of office of the head of the Presidential Archives shall be five years. |
| Article 24 (Operation of Presidential Archives) |
| (1) | Where the head of the Presidential Archives intend to determine important matters concerning the operation of the Presidential Archives, he/she shall have such matters deliberated on by the Special Committee and respect the results of deliberation thereof. |
| (2) | When it is necessary for the efficient utilization and publicity of the Presidential records, the head of the Presidential Archives may establish an exhibition hall, library, research support center, etc. at the Presidential Archives. |
| (3) | Other matters concerning the operation of the Presidential Archives shall be prescribed by Presidential Decree. |
| Article 25 (Establishment, etc. of Individual Presidential Libraries) |
| (1) | Where it is necessary for the management of records of a specific President, the head of the central records management institution may establish an individual Presidential library. |
| (2) | Where an individual or organization constructs a facility for the management of records of a specific President in accordance with the standards prescribed by Presidential Decree and donates such facility to the State as prescribed in
Article 13 of the State Property Act, such facility shall be deemed an individual Presidential library established pursuant to paragraph (1) after deliberation by the special committee.
<Amended by Act No. 9401, Jan. 30, 2009; Act No. 10009, Feb. 4, 2010> |
| (3) | Where an individual or organization intends to construct a facility for the management of records of a specific President with the purpose of donating such facility to the State, the head of the central records management institution may support part of necessary expenses after deliberation by the Special Committee.
<Amended by Act No. 10009, Feb. 4, 2010> |
| (4) | The heads of individual Presidential libraries under paragraphs (1) and (2) shall perform duties under subparagraphs 2 through 8 of
Article 22 over relevant Presidential records.
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| (5) | Where an individual Presidential library is established pursuant to paragraph (2), the relevant former President may recommend a person as the head of such individual Presidential library. |
CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS
| Article 26 (Collection and Management of Private Records) |
| (1) | Where the private records of successive Presidents (referring to the relevant former President in cases of individual Presidential libraries prescribed in
Article 25), which have been created before, during or after the term of office of such Presidents, are recognized as worth preservation on a national scale, the head of Presidential Archives may collect and manage such records with the consent of relevant Presidents and the owners of such records.
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| (2) | When the head of the Presidential Archives collects private records prescribed in paragraph (1), he/she shall consult on and determine detailed matters concerning management conditions, such as ownership of relevant records, whether to disclose relevant records or to submit data, etc. with the President and interested persons. |
| (3) | The head of the Presidential Archives may make compensation, if it is necessary for the collection of private records prescribed in paragraph (1), and matters necessary for the amount of compensation, procedures for compensation, etc. shall be prescribed by Presidential Decree. |
| Article 27
Deleted.<by Act No. 10009, Feb. 4, 2010> |
| Article 28 (Support to Research Activities, etc.) |
The head of the central records management institution may support part of research expenses to education and research institutions, etc. performing research of Presidential records within budgetary limits after deliberation by the Special Committee.
<Amended by Act No. 10009, Feb. 4, 2010>
| Article 29 (Legal Fiction as Public Official in Applying Penal Provisions) |
The members of the Special Committee other than public officials shall be deemed public officials for the purpose of applying penal provisions under
Articles 129 through 132 of the Criminal Act.
<Amended by Act No. 10009, Feb. 4, 2010>
CHAPTER Ⅶ PENAL PROVISIONS
| Article 30 (Penal Provisions) |
| (1) | Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than ten years or by a fine not exceeding 30 million won: |
| 1. | A person who destroys Presidential records without permission, in violation of
Article 14;
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| 2. | A person who removes Presidential records from Korea without permission, in violation of
Article 14.
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| (2) | Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than seven years or by a fine not exceeding 20 million won: |
| 1. | A person who conceals or divulges Presidential records without permission, in violation of
Article 14;
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| 2. | A person who damages or brakes Presidential records without permission, in violation of
Article 14;
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| (3) | Any person who violates prohibition, etc. on divulging confidential information prescribed in
Article 19 shall be punished by imprisonment or imprisonment without labor for not more than three years, or by suspension of qualification for not more than seven years.
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| (4) | Any person who brakes Presidential records through gross negligence or damaged Presidential records so that part of the contents thereof is not recognizable shall be punished by a fine not exceeding ten million won. |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Special Cases of Establishment and Operation of Presidential Archives)
The head of the central records management institution shall establish a plan for the establishment, etc. of Presidential Archives after consultation with relevant institutions, such as the Minister of Public Administration and Security, the Minister of Planning and Budget, etc. within three months after this Act enters into force pursuant to
Article 21, and devise measures necessary for the establishment and operation of the Presidential Archives.
Article 3 (Special Cases of Management of Presidential Records before Enforcement of This Act)
| (1) | The head of the Presidential Archives shall take necessary measures so that records created in the course of performance of duties by former Presidents before this Act enters into force, and institutions assisting, advising and guarding such Presidents may be collected and managed. |
| (2) | Where the head of Presidential Archives collect records prescribed in paragraph (1), he/she may disburse expenses incurred in the maintenance and preservation of such records. |
Article 4 Omitted.
ADDENDA<Act No. 9401, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA<Act No. 10009, Feb. 4, 2010>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation:
Provided, That the amended provisions of
Article 18 shall enter into force six months after the date of its promulgation.
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| (2) | (Transitional Measures concerning Composition of Members following Change of Name from Presidential Records Management Committee) The members of the Presidential Records Management Committee appointed or commissioned in accordance with previous provisions at the time this Act enters into force shall be deemed the members of the Special Committee for the management of Presidential records appointed or commissioned in accordance with this Act. |