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ACT ON THE ESTABLISHMENT OF DIPLOMATIC MISSIONS ABROAD OF THE REPUBLIC OF KOREA

Act No. 107, Mar. 9, 1950

Amended by Act No. 739, Oct. 2, 1961

Act No. 5454, Dec. 13, 1997

Act No. 8852, Feb. 29, 2008

Act No. 10098, Mar. 17, 2010

Act No. 10818, Jul. 14, 2011

 Article 1 (Establishment and Functions)
Missions of the Republic of Korea shall be established in foreign countries under the jurisdiction of the Minister of Foreign Affairs and Trade to take partial charge of diplomatic or consular affairs under the control of the Ministry of Foreign Affairs and Trade.
[This Article Wholly Amended by Act No. 10098, Mar. 17, 2010]
 Article 2 (Kinds)
The kinds of missions of the Republic of Korea (hereinafter referred to as "missions") shall be classified into Embassy, Legation, Representative Office, Consulate General and Consulate.
[This Article Wholly Amended by Act No. 10098, Mar. 17, 2010]
 Article 2-2 (Establishment Criteria, etc.)
(1) When a mission is established or changed, the kind and size, etc. thereof shall be determined, taking the following subparagraphs into consideration:
1. Political-affair relationship with the relevant state;
2. The trade and investment volume with the relevant state;
3. Status of the Korean people residing in the region concerned;
4. Status of human exchanges with the relevant state;
5. Matters deemed necessary by the Minister of Foreign Affairs and Trade in accordance with the changed international environment.
(2) The necessary matters concerning each subparagraph of paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No.10818, Jul. 14, 2011]
 Article 3 (Branch Offices and Sub-Branches)
Branch offices and sub-branches may be established in the missions, as prescribed by Presidential Decree, if necessary to assign the said offices and sub-branches with affairs under the jurisdiction of the missions.
[This Article Wholly Amended by Act No. 10098, Mar. 17, 2010]
 Article 4 (Names, etc. of Branch Offices)
The name and location of, and area under the jurisdiction of each branch office shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 10098, Mar. 17, 2010]
 Article 5 (Head of Each Mission)
(1) A head shall be assigned to each mission.
(2) The heads of Embassy, Legation, Consulate General, and Consulate shall be an ambassador extraordinary and plenipotentiary, envoy extraordinary and minister plenipotentiary, consul general and consul, respectively, and the head of Representative Office shall be an ambassador extraordinary and plenipotentiary or envoy extraordinary and minister plenipotentiary. <Amended by Act No.10818, Jul. 14, 2011>
(3) An ambassador extraordinary and plenipotentiary or envoy extraordinary and minister plenipotentiary shall exercise overall control over the affairs of the mission concerned and direct and supervise public officials under his/her control, upon the order of the Minister of Foreign Affairs and Trade.
(4) A consul general or consul shall exercise overall control over the affairs of the mission concerned and direct and supervise public officials under his/her control, upon the order of the Minister of Foreign Affairs and Trade, ambassador extraordinary and plenipotentiary or envoy extraordinary and minister plenipotentiary.
[This Article Wholly Amended by Act No. 10098, Mar. 17, 2010]
 Article 6 (Organization of Office, etc.)
Matters concerning the organization of any mission, and categories, fixed number, remunerations, and duties of public officials under its control shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 10098, Mar. 17, 2010]
 Article 7 (Honorary Consul Generals, etc.)
The Ministry of Foreign Affairs and Trade may, if deemed necessary, assign an honorary consul general or honorary consul in any area in which neither Consulate general nor Consulate is established.
[This Article Wholly Amended by Act No. 10098, Mar. 17, 2010]
ADDENDUM
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 739, Oct. 2, 1961>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM<Act No. 10098, Mar. 17, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 10818, Jul. 14, 2011>
This Act shall enter into force on the date of its promulgation.