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ENFORCEMENT DECREE OF THE PUBLIC DIPLOMACY ACT

Presidential Decree No. 27438, Aug. 4, 2016

Amended by Presidential Decree No. 28211, Jul. 26, 2017

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated from the Public Diplomacy Act and matters necessary for the enforcement of the aforesaid matters.
 Article 2 (Formulation, etc. of Action plan of Public Diplomacy Activities)
(1) The Minister of Foreign Affairs shall prepare guidelines for formulating action plans of public diplomacy activities (hereinafter referred to as "action plan") under Article 7 (1) of the Public Diplomacy Act (hereinafter referred to as the "Act") and for submitting the results of the implementation thereof, and notify the heads of related central administrative agencies, the Mayor of the Special Metropolitan City, Mayors of Metropolitan Cities, Mayor of Special Self-Governing City, Governors of Dos, and the Governor of the Special Self-governing Province (hereinafter referred to as "Mayors/Do Governors") of such guidelines by September 30 each year.
(2) The heads of related central administrative agencies and Mayors/Do Governors shall formulate the following plans and results in accordance with guidelines pursuant to paragraph (1) and submit them to the Minister of Foreign Affairs by November 30 each year:
1. An action plan for the following year;
2. Outcomes from implementing an action plan for the year.
(3) An action plan shall include the following:
1. Results of the implementation of an action plan for the year;
2. Direction-setting for conducting public diplomacy in the following year;
3. A detailed plan to conduct public diplomacy in each region and each field in the following year;
4. Other matters the heads of related central administrative agencies or Mayors/Do Governors deem necessary for public diplomacy activities.
(4) The Minister of Foreign Affairs shall formulate a comprehensive action plan (hereinafter referred to as "comprehensive action plan") consolidating an action plan under Article 7 (1) of the Act with an action plan formulated by the Ministry of Foreign Affairs by December 31 each year pursuant to paragraph (2) of the aforesaid Article.
(5) A comprehensive action plan shall include the following:
1. Outcome from implementing the comprehensive action plan for the year;
2. Prospects and direction of the implementation of public diplomacy activities in the following year;
3. A detailed plan to conduct public diplomacy in each region and each field in the following year;
4. Other matters the Minister of Foreign Affairs deems necessary for public diplomacy activities.
(6) The heads of diplomatic missions abroad shall prepare the following plan and results in accordance with a comprehensive action plan and submit them to the Minister of Foreign Affairs by January 31 each year:
1. A plan of public diplomacy activities (hereinafter in this Article referred to as "plan of public diplomacy activities") under Article 7 (3) of the Act for the year;
2. Outcome from implementing public diplomacy activities based on a plan of public diplomacy activities in the previous year.
 Article 3 (Request for Submission of Data for Formulation of Basic Plan, etc.)
Where necessary to formulate a master plan for public diplomacy under Article 6 (1) of the Act and a comprehensive action plan, the Minister of Foreign Affairs may request the heads of related central administrative agencies and Mayors/Do Governors to submit data. In such cases, the heads of related central administrative agencies and Mayors/Do Governors in receipt of a request shall comply with such request unless there are special circumstances.
 Article 4 (Composition of Public Diplomacy Committee)
(1) The Public Diplomacy Committee (hereinafter referred to as the "Committee") under Article 8 (1) of the Act shall be comprised of the chairperson and the following members: <Amended by Act No. 28211, Jul. 26, 2017>
1. The Vice Minister of Strategy and Finance, the Vice Minister of Education, the Vice Minister of Science, and ICT, the Vice Minister of Foreign Affairs, the Vice Minister of Unification, the Vice Minister of Interior and Safety, the Vice Minister of Culture, Sports and Tourism, the Vice Minister of Agriculture, Food and Rural Affairs and the Vice Minister of the Office for Government Policy Coordination. In such cases, in case of agencies that have more than one Vice Minister, the Vice Minister designated by the head of the relevant agency;
2. Five persons appointed by the Minister of Foreign Affairs on the recommendation of the heads of the relevant central administrative agencies for each meeting of the Committee from among Vice Ministers or public officials ranking equivalent to a Vice Minister of such central administrative agencies (excluding agencies to which members under subparagraph 1 belong);
3. Five persons commissioned by the Minister of Foreign Affairs from among the following persons:
(a) Persons who have at least ten years’ experience engaging in a diplomacy-related field at a university, research institute, etc.;
(b) Persons who have extensive knowledge and experience in public diplomacy.
(2) Each member under paragraphs (1) 3 shall hold office for a term of two years, and may be reappointed for only one consecutive term.
 Article 5 (Dismissal of Members)
Where a member commissioned pursuant to Article 8 (3) of the Act falls under any of the following, the Minister of Foreign Affairs may dismiss the relevant member:
1. Where he/she becomes unable to perform his/her duties due to mental disabilities;
2. Where he/she engages in any misdeed related to his/her duties;
3. Where he/she is deemed unsuitable as a member due to neglect of his/her duties, injury to dignity or on other grounds;
4. Where he/she personally expresses that it is difficult to perform his/her duties.
 Article 6 (Operation of Committee)
(1) The chairperson shall represent the Committee and preside over its affairs.
(2) Where the chairperson is unable to perform his/her duties for reasons beyond his/her control, a member of the Committee pre-appointed by him/her shall perform his/her duties on his/her behalf.
(3) Where the chairperson intends to convene a meeting, he/she shall notify members of the Committee in writing of the date, time, venue and items on the agenda of the meeting by no later than seven days before he/she holds the meeting: Provided, That where he/she should hold the meeting in case of urgency or there are reasons beyond his/her control, he/she may give notice by the day before he/she holds the meeting.
(4) The Committee shall open a meeting with attendance of a majority of the incumbent members under Article 4 (1), and pass resolutions with the consent of a majority of the members present.
(5) Where Committee deems it necessary to deliberate on items on the agenda and conduct other affairs related to the Committee, it may require interested persons or related experts to attend its meetings to hear their opinions, or request them to submit their opinions.
(6) The Committee may conduct teleconferences using a video link for members at different localities equipped with telecommunications system that receives and transmits video and audio simultaneously. In such cases, the relevant members shall be deemed present in the same conference room.
 Article 7 (Working Committee, etc.)
(1) A working committee may be established in the Committee to hold consultations about and coordinate items on the agenda to be discussed at meetings of the Committee, and hold consultations about other matters the chairperson demands.
(2) One administrative secretary shall be assigned to the Committee to conduct its affairs, and he/she shall be appointed by the Minister of Foreign Affairs from among public officials under the jurisdiction of the Ministry of Foreign Affairs.
 Article 8 (Detailed Rules for Operation)
In addition to matters provided in Articles 6 and 7, matters necessary for the operation of the Committee shall be prescribed by the chairperson following a resolution made by the Committee.
 Article 9 (Support to Local Governments and Private Sector)
The Minister of Foreign Affairs may provide the following support to local governments and the private sector pursuant to Article 9 (1) and (2) of the Act:
1. Support for the establishment of a cooperation platform with foreign governments, private institutions or international organizations;
2. Cooperation and support to conduct affairs with foreign diplomatic agencies or diplomatic missions stationed in the Republic of Korea;
3. Provision of information and administrative support for the development of public diplomacy programs with foreign countries;
4. Other matters the Minister of Foreign Affairs deems necessary to revitalize public diplomacy.
 Article 10 (Institutions and Organizations Subject to, Methods, etc. of Fact-Finding Surveys)
(1) The Minister of Foreign Affairs may conduct fact-finding surveys (hereafter referred to as "fact-finding survey" in this Article) concerning the status of the implementation of public diplomacy activities of institutions and organizations both at home and abroad that conduct public diplomacy activities pursuant to Article 10 (1) of the Act.
(2) The Minister of Foreign Affairs shall conduct fact-finding surveys according to the following methods:
1. Regular survey: A survey conducted every two years to regularly ascertain the status of public diplomacy activities;
2. Occasional survey: A survey conducted where the Minister of Foreign Affairs deems the survey necessary to ascertain the current status of public diplomacy activities to effectively formulate and implement public diplomacy policy.
(3) Where the Minister of Foreign Affairs conducts a fact-finding survey, he/she shall notify a person subject to the fact-finding survey of a plan therefor including the date, time, objective, method, etc. thereof by no later than 30 days before he/she intends to conduct the survey.
(4) Where the Minister of Foreign Affairs formulates a fact-finding survey plan under paragraph (3), he/she shall hold pre-consultations with related institutions and organizations.
(5) The Minister of Foreign Affairs shall notify the heads of related central administrative agencies and Mayors/Do Governors of the findings from a fact-finding survey so that they may utilize such findings for public diplomacy.
 Article 11 (Designation of Institution That Conducts Public Diplomacy)
(1) The Minister of Foreign Affairs may designate an institution that conducts public diplomacy (hereinafter referred to as "institution that pursues public diplomacy") under Article 12 (1) of the Act from among the following institutions or organizations:
1. The Korea Foundation under the Korea Foundation Act;
2. Institutions or organizations the Minister of Foreign Affairs deems to have professional manpower, organization, and facilities to efficiently perform activities under the subparagraphs of Article 12 (2) of the Act.
(2) An institution or organization that intends to obtain designation as an institution that pursues public diplomacy pursuant to Article 12 (1) of the Act shall submit an application for designation of an institution that conducts public diplomacy in the attached Form to the Minister of Foreign Affairs along with the following documents:
1. Articles of incorporation (only applicable to a corporation);
2. A business plan;
3. Current status of professional manpower, organizational structure and facilities necessary to perform activities under the subparagraphs Article 12 (2) of the Act.
(3) Upon receipt of an application under paragraph (2), the Minister of Foreign Affairs shall verify the relevant certificate of matters of registration of a corporation (only applicable where an applicant is a corporation) through the common use of administrative information under Article 36 (1) of the Electronic Government Act.
(4) Where the Minister of Foreign Affairs designates an institution that conduct public diplomacy pursuant to Article 12 (1) of the Act, he/she shall officially announce the fact on the Internet website of the Ministry of Foreign Affairs.
(5) The head of an institution that conducts public diplomacy shall submit the following to the Minister of Foreign Affairs by December 31 each year:
1. An implementation plan of programs under the subparagraphs of Article 12 (2) of the Act for the following year;
2. A spending plan for expenditure provided pursuant to Article 12 (3) for the following year.
(6) In addition to the matters provided in paragraphs (1) through (5), the Minister of Foreign Affairs shall prescribe and announce matters necessary for the designation and operation of institutions that conduct public diplomacy.
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 8 Omitted.