Law Viewer

Back Home

SUPPORT FOR DOKDO VOLUNTEER DEFENSE TEAM ACT

Act No. 7644, Jul. 29, 2005

Amended by Act No. 8852, Feb. 29, 2008

Act No. 11028, Aug. 4, 2011

 Article 1 (Purpose)
The purpose of this Act is to grant appropriate and honorable treatment of and support to the members of the Dokdo volunteer defense team who have made extraordinary sacrifices to protect Dokdo, and their bereaved families, etc., through the establishment of a Dokdo volunteer defense team commemorative association, thereby contributing to enhancing the prestige of the members of the Dokdo volunteer defense team and to fostering the patriotic spirit of the public.
[This Article Wholly Amended by Act No. 11028, Aug. 4, 2011]
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term "Dokdo volunteer defense team" means a body organized by 33 residents of Ullung-do, who were the members of the volunteer defense team, and landed on Dokdo on April 20, 1953 and went into action in order to defend our territory, Dokdo, from the plunder of Japan until they handed over the guard duty and all equipment to the Korean National Police on December 30, 1956;
2. The term "bereaved families, etc." means those who fall under Article 5 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State from among bereaved family members or family members of the Dokdo volunteer defense team.
[This Article Wholly Amended by Act No. 11028, Aug. 4, 2011]
 Article 3 (Corporate Personality)
The Dokdo volunteer defense team commemorative association (hereinafter referred to as "Commemorative Association") shall be a corporation.
 Article 4 (Establishment of Commemorative Association)
(1) The commemorative association shall come into existence by registering its establishment at the jurisdiction of its main office.
(2) Matters for establishment registration under paragraph (1) shall be as follows:
1. Objectives;
2. Title;
3. Address of the main office;
4. Name and address of executives;
5. Methods of public announcement.
[This Article Wholly Amended by Act No. 11028, Aug. 4, 2011]
 Article 5 (Articles of Association)
(1) The articles of association of the Commemorative Association shall include the following:
1. Objectives;
2. Title;
3. Address of the main office;
4. Matters concerning projects and their execution;
5. Matters concerning the organization;
6. Matters concerning executives and employees;
7. Matters concerning the operation of the board of directors;
8. Matters concerning asset and accounting;
9. Matters concerning modification of the articles of association;
10. Matters concerning public announcement.
(2) When the Commemorative Association intends to modify the articles of association, it shall obtain authorization from the Minister of Patriots and Veterans Affairs.
[This Article Wholly Amended by Act No. 11028, Aug. 4, 2011]
 Article 6 (Projects)
(1) The Commemorative Association shall conduct the following projects:
1. Construction and operation of a memorial hall (hereinafter referred to as "Memorial Hall") and monument for the Dokdo volunteer defense team;
2. Collection, preservation, management, exhibition, investigation and research of material for the Memorial Hall;
3. Publicity and education related to material for the Memorial Hall and commemorative projects, and printing and distribution of all kinds of publications related thereto;
4. Artistic and scientific activities related to Dokdo;
5. Research into the history of Dokdo;
6. Honorable treatment of and support to the members of the Dokdo volunteer defense team and their bereaved families, etc.;
7. Projects incidental to those listed in subparagraphs 1 through 6.
(2) The term "material for the Memorial Hall" in paragraph (1) 2 and 3 means material collected, preserved, managed and exhibited by the Commemorative Association to verify the historical records of Dokdo and the Dokdo volunteer defense team, which have positiveand historical value.
(3) Weapons, such as firearms, swords, explosives, etc. among the material for the Memorial Hall under paragraph (2) shall be collected, preserved, managed and exhibited with the approval of the Minister of the Ministry of Patriots and Veterans Affairs, and the Control of Firearms, Swords, Explosives, etc. Act shall not apply to such weapons.
(4) Matters necessary for the collection, preservation, management and exhibition of material for the Memorial Hall shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11028, Aug. 4, 2011]
 Article 7 (Executives)
(1) As for executives, the Commemorative Association shall be composed of 11 or fewer directors, including one chairperson and three vice chairpersons, and one auditor.
(2) The chairperson shall be appointed or dismissed by the Minister of Patriots and Veterans Affairs, vice chairpersons shall be appointed by the board of directors, and the directors shall be appointed or dismissed by the Minister of Patriots and Veterans Affairs on the recommendation of the chairperson, but directors recommended respectively by the Minister of National Defense and by the Minister of Culture, Sports and Tourism shall be included therein.
(3) The auditor shall be appointed or dismissed by the Minister of Patriots and Veterans Affairs.
(4) Executives except for the chairperson shall serve on a part-time basis.
[This Article Wholly Amended by Act No. 11028, Aug. 4, 2011]
 Article 8 (Term of Office of Executives)
(1) The term of office of directors including the chairperson and vice chairpersons shall be three years, and that of the auditor shall be two years, who may be reappointed.
(2) The term of office of an executive filling a vacancy shall be the remaining term of office of his/her predecessor.
[This Article Wholly Amended by Act No. 11028, Aug. 4, 2011]
 Article 9 (Duties of Executives)
(1) The chairperson shall represent the Commemorative Association, take full charge of the affairs thereof, and lead and supervise its employees.
(2) When the chairperson fails to continue his her duty due to unavoidable causes, the board of directors shall select one of the vice chairpersons to perform on behalf of the chairperson.
(3) The directors shall attend the meetings of the board of directors, deliberate and decide upon important matters concerning the affairs of the Commemorative Association, and handle matters delegated by the board of directors or the chief director.
(4) The auditor shall audit matters concerning the affairs and accounting of the Commemorative Association.
 Article 10 (Grounds for Disqualification of Executives)
No person falling under any of the following subparagraphs shall be eligible to be an executive of the Commemorative Association:
1. A person who is not a national of the Republic of Korea;
2. A person falling under any of subparagraphs of Article 33 of the State Public Officials Act;
3. A person stipulated by the articles of association as ineligible to be an executive.
[This Article Wholly Amended by Act No. 11028, Aug. 4, 2011]
 Article 11 (Board of Directors)
(1) In order to deliberate and decide on important matters concerning the affairs of the Commemorative Association, the board of directors shall be established at the Commemorative Association.
(2) The board of directors shall consist of directors including a chairperson and vice chairpersons.
(3) The chief director shall be elected by mutual votes from among directors, convoke meetings of the board of directors and chair the meetings: Provided, That where a meeting of the board of directors is called with the approval of 1/3 or more of the incumbent directors, the chief director shall convoke a meeting of the board of directors without delay.
(4) Unless specifically stipulated in the articles of association, a resolution shall be passed with the attendance of a majority of the incumbent directors and with the approval of a majority of directors present.
(5) This auditor may attend the meetings of the board of directors and state his/her opinions.
[This Article Wholly Amended by Act No. 11028, Aug. 4, 2011]
 Article 12 (Functions of Board of Directors)
The board of directors shall deliberate and decide on the following:
1. Matters concerning project plans, budget and settlement of accounts;
2. Matters concerning the modification of the articles of association;
3. Matters concerning honorable treatment of and support to the members of the Dokdo volunteer defense team, bereaved families, etc.
4. Matters concerning the appointment and dismissal of executives;
5. Matters concerning the acquisition, management and disposal of property;
6. Matters within its authority pursuant to the provisions of the articles of association;
7. Other important matters for the operation of the Commemorative Association, which the chief director brings before the meetings of the board of directors.
[This Article Wholly Amended by Act No. 11028, Aug. 4, 2011]
 Article 13 (Secretariat)
(1) A secretariat shall be established at the Commemorative Association in order to handle the duties of the Commemorative Association.
(2) Matters concerning the secretariat shall be stipulated by the articles of association.
[This Article Wholly Amended by Act No. 11028, Aug. 4, 2011]
 Article 14 (Subsidies, Contributions, etc.)
(1) The State and local governments may subsidize the costs necessary for the Commemorative Association's projects and the performance of affairs thereof within budgetary limits.
(2) Individuals, corporations or organizations may contribute or donate money or other property to the Commemorative Association in order to support the performance of affairs thereof.
[This Article Wholly Amended by Act No. 11028, Aug. 4, 2011]
 Article 15 (Gratuitous Lease, etc. of State Property or Public Property)
(1) When necessary for the establishment and operation of Commemorative Association, notwithstanding the provisions of State Property Act or the Public Property and Commodity Management Act, the State or local governments may lease State property or public property to the Commemorative Association without charge.
(2) Where it is deemed necessary for the operation of the Commemorative Association, the State may transfer or lease military supplies to the Commemorative Association without charge.
(3) Matters necessary for the conditions of lease or transfer under paragraphs (1) and (2), and procedures, etc. therefor shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11028, Aug. 4, 2011]
 Article 16 (Admission Fees and Usage Fees)
The Commemorative Association may collect admission fees for the Memorial Hall and usage fees for the use of material for the Memorial Hall or facilities for the Memorial Hall.
 Article 17 (Fiscal Year)
The fiscal year of the Commemorative Association shall coincide with the fiscal year of the Government.
 Article 18 (Approval for Project Plans and Budgets)
The Commemorative Association shall submit a project plan and draft budget to the Minister of Patriots and Veterans Affairs before the relevant fiscal year begins, and obtain approval therefor. The same shall apply to the modification of the important matters of approved project plan and draft budget.
[This Article Wholly Amended by Act No. 11028, Aug. 4, 2011]
 Article 19 (Settlement of Accounts)
The Commemorative Association shall report the closing accounts of revenue and expenditure examined by a certified public accountant designated by the Minister of Patriots and Veterans Affairs within 60 days from the last day of the relevant fiscal year.
[This Article Wholly Amended by Act No. 11028, Aug. 4, 2011]
 Article 20 (Request, etc. for Perusal, Copying, etc. of Material)
(1) The Commemorative Association may request the State, local governments, education institutions, research organizations and other interested persons for the perusal, copying, lease, exhibition on commission, etc. of material.
(2) Where the Commemorative Association requests for the perusal, copying, lease, exhibition on commission, etc. of material as prescribed in paragraph (1), it shall pay resonable remuneration, as prescribed by Presidential Decree, to those other than the State and local governments.
[This Article Wholly Amended by Act No. 11028, Aug. 4, 2011]
 Article 21 (Guidance and Supervision)
The Minister of Patriots and Veterans Affairs shall provide guidance and supervision to the Commemorative Association in its duties.
 Article 22 (Support)
The members of the Dokdo volunteer defense team, the bereaved families thereof, etc. may be granted honorable treatment and support as prescribed in Article 6 (1) 6 in addition to the honorable treatment and support under the provisions of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State.
[This Article Wholly Amended by Act No. 11028, Aug. 4, 2011]
 Article 23 (Application Mutatis Mutandis)
Except for those prescribed by this Act concerning the Commemorative Association, provisions concerning incorporated foundation among the Civil Act shall apply mutatis mutandis.
[This Article Wholly Amended by Act No. 11028, Aug. 4, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Preparation for Establishment)
(1) Before this Act enters into force, the Minister of Patriots and Veterans Affairs shall commission eight or fewer founding members of the Commemorative Association and have them take charge of the affairs of establishment thereof.
(2) The founding members shall prepare the articles of incorporation under Article 5 (1) within 30 days from the date on which they were commissioned and obtain authorization from the Minister of Patriots and Veterans Affairs.
(3) The first chairperson of the Commemorative Association shall be appointed by the Minister of Patriots and Veterans Affairs.
(4) When the founding members have obtained authorization from the Minister of Patriots and Veterans Affairs for the articles of incorporation as prescribed in paragraph (2), they shall, without delay, sign jointly and register the establishment of the Commemorative Association prescribed in Article 3, and transfer their affairs to the chairperson.
(5) The founding members shall be deemed to have been decommissioned when they transfer their affairs as prescribed in paragraph (4).
Article 3 (Special Cases concerning Date from which Term of Office of Executives Are Counted)
As for the executives who have been appointed first after this Act enters into force, the date from which the term of office of executives are counted shall be the date of registration for the establishment of the Commemorative Association.
Article 4 (Burden of Expenses)
The expenses necessary for the establishment of the Commemorative Association shall be borne by the State.
Article 5 (Submission, etc. of Project Plans)
The project plan and draft budget for the fiscal year to which the date on which this Act enters into force belongs shall be submitted within two months from the date of registration for the establishment of the Commemorative Association.
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. 11028, Aug. 4, 2011>
This Act shall enter into force from the date of its promulgation.