Law Viewer

Back Home

KOREA INTERNATIONAL COOPERATION AGENCY ACT

Act No. 4313, Jan. 14, 1991

Amended by Act No. 4985, Dec. 6, 1995

Act No. 5638, Jan. 21, 1999

Act No. 6475, May 24, 2001

Act No. 7428, Mar. 31, 2005

Act No. 8316, Mar. 29, 2007

Act No. 10095, Mar. 17, 2010

Act No. 11482, Aug. 13, 2012

Act No. 11528, Dec. 11, 2012

Act No. 11690, Mar. 23, 2013

Act No. 11892, Jul. 16, 2013

Act No. 12771, Oct. 15, 2014

Act No. 13350, jun. 22, 2015

Act No. 14404, Dec. 20, 2016

 Article 1 (Purpose)
The purpose of this Act is to contribute to the promotion of international cooperation by establishing the Korea International Cooperation Agency and having it perform various cooperative projects in order to promote the friendly and cooperative relationship and mutual exchange between the Republic of Korea and developing countries and assist the economic and social development of developing countries.
[This Article Wholly Amended by Act No. 10095, Mar. 17, 2010]
 Article 2 (Definition)
The term "developing countries" in this Act means countries determined by the Minister of Foreign Affairs in consideration of the level of national income, the industrial structure, stages of economic development or such. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10095, Mar. 17, 2010]
 Article 3 (Legal Personality)
The Korea International Cooperation Agency (hereinafter referred to as the "Cooperation Agency") shall be a juristic person.
[This Article Wholly Amended by Act No. 10095, Mar. 17, 2010]
 Article 4 (Establishment)
(1) The Cooperation Agency shall be duly established when its establishment is registered with the registry having jurisdiction over its principal place of business.
(2) Matters required to be registered for incorporation pursuant to paragraph (1) shall be as follows:
1. Its objectives;
2. Its name;
3. The principal office;
4. Names and addresses of executive officers;
5. A method of giving public notice.
(3) The provisions on registration for incorporated foundations of the Civil Act shall apply mutatis mutandis to registration other than registration for incorporation.
[This Article Wholly Amended by Act No. 10095, Mar. 17, 2010]
 Article 5 (Establishment of Offices)
The Cooperation Agency may, where necessary, establish branch offices in Korea and abroad with approval of the Minister of Foreign Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10095, Mar. 17, 2010]
 Article 6 (Articles of Association)
(1) Matters referred to in the following subparagraphs shall be included in the articles of association of the Cooperation Agency:
1. Its objectives;
2. Its name;
3. Matters concerning the head office, branch offices and affiliated institutions;
4. Matters concerning projects;
5. Matters concerning property and accounting;
6. Matters concerning executive officers and employees;
7. Matters concerning the board of directors;
8. Matters concerning the amendment of the articles of association;
9. Matters concerning public notice;
10. Matters concerning the enactment, amendment and repeal of the internal regulations.
(2) Where the Cooperation Agency intends to amend the articles of association, it shall obtain approval from the Minister of Foreign Affairs therefor. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10095, Mar. 17, 2010]
 Article 7 (Projects)
In order to achieve the purposes referred to in Article 1, the Cooperation Agency shall carry out the following projects:
1. The following projects for developing countries:
(a) Invitation of trainees;
(b) Dispatch of professional human resources;
(c) Dispatch of Korea Overseas Volunteers;
(d) Research in development;
(e) Disaster relief;
(f) Assistance with goods, funds and facilities;
2. The following international cooperation projects:
(a) Support for international cooperation activities of non-governmental organizations;
(b) Cooperation with foreign aid-related organizations and international organizations;
(c) Research and study on the formulation of ideologies and policies on international cooperation;
(d) Other projects necessary for the promotion of international cooperation;
3. Projects entrusted by the Government;
4. Education and training, publicity and other projects incidental to projects under subparagraphs 1 through 3.
[This Article Wholly Amended by Act No. 10095, Mar. 17, 2010]
 Article 8 (Executive Officers)
(1) The Cooperation Agency shall have 15 directors or fewer, including one Chairman, and one auditor. <Amended by Act No. 11528, Dec. 11, 2012>
(2) Executive officers, other than the Chairman and standing directors prescribed by the articles of association, shall be non-standing executives. <Amended by Act No. 11528, Dec. 11, 2012>
(3) The Chairman of the Cooperation Agency shall be appointed by the President on the recommendation of the Minister of Foreign Affairs. <Amended by Act No. 11528, Dec. 11, 2012; Act No. 11690, Mar. 23, 2013>
(4) Directors, except ex officio directors prescribed by Presidential Decree, shall be appointed by the Minister of Foreign Affairs on the recommendation of the president. In such cases, at least one person from civic groups or academia, having abundant knowledge and experience in international cooperation, shall be included. <Amended by Act No. 11528, Dec. 11, 2012; Act No. 11690, Mar. 23, 2013; Act No. 11892, Jul. 16, 2013>
(5) The auditor shall be appointed by the Minister of Foreign Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
(6) The term of office of the Chairman and directors shall be three years, the term of office of the auditor shall be two years and each of them may be consecutively reappointed for a second term only once. <Amended by Act No. 11528, Dec. 11, 2012>
[This Article Wholly Amended by Act No. 10095, Mar. 17, 2010]
 Article 9 (Grounds for Disqualification for Executives)
No person who falls under any of the following subparagraphs shall be an executive officer of the Cooperation Agency: <Amended by Act No. 12771, Oct. 15, 2014>
1. A non-national of the Republic of Korea;
2. A minor;
3. A person under adult guardianship or a person under limited guardianship;
4. A person declared bankrupt and not yet reinstated;
5. A person for whom three years have not passed since his/her imprisonment without labor or greater punishment declared by a court was completely executed or the non-execution of such sentence became final;
6. A person who is disqualified or whose qualification is suspended pursuant to court judgement or other Acts.
[This Article Wholly Amended by Act No. 10095, Mar. 17, 2010]
 Article 10 (Duties of Executive Officers)
(1) The Chairman shall represent the Cooperation Agency, have general supervision and control of its affairs, and direct and supervise employees under his/her control. <Amended by Act No. 10095, Mar. 17, 2010; Act No. 11528, Dec. 11, 2012>
(2) Deleted. <by Act No. 5638, Jan. 21, 1999>
(3) Standing directors shall take charge of the affairs of the Cooperation Agency by sharing them among themselves as prescribed by the articles of association, and where the Chairman is unable to perform his/her duties by any unavoidable cause, they shall perform his/her duties on his/her behalf in accordance with order prescribed by the articles of association. <Amended by Act No. 10095, Mar. 17, 2010; Act No. 11528, Dec. 11, 2012>
(4) The auditor shall audit the affairs and accounts of the Cooperation Agency. <Amended by Act No. 10095, Mar. 17, 2010>
 Article 11 (Restrictions on Holding Concurrent Office by Executive Officers and Employees)
The executive officers (excluding non-standing directors and the auditor; hereafter in this Article the same shall apply) and employees of the Cooperation Agency shall not engage in any profit-making business outside their duties, and any executive officer shall not hold concurrent office without permission of the Minister of Foreign Affairs and any employee without permission of the president. <Amended by Act No. 11528, Dec. 11, 2012; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10095, Mar. 17, 2010]
 Article 12 (Board of Directors)
(1) The board of directors shall be established in the Cooperation Agency in order to deliberate and decide on important matters concerning the affairs thereof.
(2) The board of directors shall be comprised of the Chairman and directors. <Amended by Act No. 11528, Dec. 11, 2012>
(3) The Chairman shall convene and preside over meetings of the board of directors. <Amended by Act No. 11528, Dec. 11, 2012>
(4) The auditor may attend a meeting of the board of directors and state his/her opinion.
[This Article Wholly Amended by Act No. 10095, Mar. 17, 2010]
 Article 13 (Appointment and Dismissal of Employees)
Employees of the Cooperation Agency shall be appointed and dismissed by the Chairman of the Cooperation Agency as prescribed by the articles of association. <Amended by Act No. 11528, Dec. 11, 2012>
[This Article Wholly Amended by Act No. 10095, Mar. 17, 2010]
 Article 14 (Dispatch of Public Officials)
(1) The Cooperation Agency may request any State agency through the Minister of Foreign Affairs to dispatch public officials, if especially necessary to achieve its purposes. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The head of a State agency upon receipt of a request to dispatch public officials pursuant to paragraph (1) may dispatch public officials under his/her control to the Cooperation Agency.
[This Article Wholly Amended by Act No. 10095, Mar. 17, 2010]
 Article 15 (Operating Funds)
The Cooperation Agency shall be funded through the followings: <Amended by Act No. 14404, Dec. 20, 2016>
1. Contributions made by the Government or persons other than the Government;
2. Borrowings under Article 18;
3. Deleted; <by Act No. 14404, Dec. 20, 2016>
4. Other revenues.
[This Article Wholly Amended by Act No. 10095, Mar. 17, 2010]
 Article 16 (Contributions)
(1) The Government shall grant contributions necessary for the Cooperation Agency to appropriate it for expenses incurred in the operation thereof within budgetary limits.
(2) Matters necessary for grant, use, etc., of contributions provided for in paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10095, Mar. 17, 2010]
 Article 17 (Gratuitous Loan, etc. of State Property, etc.)
If necessary for the establishment and operation of the Cooperation Agency, the Government may lend State property and goods to the Cooperation Agency gratuitously and make it use or benefit from the same.
[This Article Wholly Amended by Act No. 10095, Mar. 17, 2010]
 Article 18 (Borrowing of Funds)
(1) The Cooperation Agency may borrow funds (including borrowings from international organizations, foreign governments, or foreigners) necessary for the projects referred to in Article 7.
(2) If the Cooperation Agency intends to borrow funds pursuant to paragraph (1), it shall obtain approval from the Minister of Foreign Affairs therefor. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10095, Mar. 17, 2010]
 Articles 18-2 and 18-3 Deleted. <by Act No. 14404, Dec. 20, 2016>
 Article 19 (Business Year)
The business year of the Cooperation Agency shall coincide with the fiscal year of the Government.
[This Article Wholly Amended by Act No. 10095, Mar. 17, 2010]
 Article 20 (Approval of Business Plan and Budget)
The Cooperation Agency shall prepare a business plan and a budget forecast for each business year as prescribed by Presidential Decree and shall obtain approval from the Minister of Foreign Affairs therefor. The same shall apply where it intends to modify the same. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10095, Mar. 17, 2010]
 Article 21 (Submission of Settlement of Accounts)
The Cooperation Agency shall prepare an annual statement of the settlement of accounts concerning revenue and expenditure and submit it to the Minister of Foreign Affairs by the end of February of the following business year. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10095, Mar. 17, 2010]
 Article 22 (Collection of Fees, etc.)
The Cooperation Agency may collect fees and other actual expenses incurred in carrying out the projects referred to in Article 7.
[This Article Wholly Amended by Act No. 10095, Mar. 17, 2010]
 Article 23 (Direction and Supervision, etc. of Affairs)
(1) The Minister of Foreign Affairs shall direct and supervise the Cooperation Agency. <Amended by Act No. 11690, Mar. 23, 2013>
(2) If deemed particularly necessary in connection with directions and supervision of the projects referred to in Article 7, the Minister of Foreign Affairs shall consult with the head of a relevant central administrative agency. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The Minister of Foreign Affairs may have the Cooperation Agency report necessary matters concerning the affairs, accounting, and property, and have public officials under his/her control inspect the books, documents and other things of the Cooperation Agency. <Amended by Act No. 11690, Mar. 23, 2013>
(4) Any public official who conducts an inspection pursuant to paragraph (3) shall carry an identification indicating his/her authority and present it to interested persons.
[This Article Wholly Amended by Act No. 10095, Mar. 17, 2010]
 Article 24 (Entrustment of Authority)
The Minister of Foreign Affairs may entrust part of his/her authority granted under this Act to the head of a relevant central administrative agency, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10095, Mar. 17, 2010]
 Article 25 (Affiliated Institutions)
The Cooperation Agency may establish affiliated institutions under its control in order to effectively carry out projects referred to in Article 7.
[This Article Wholly Amended by Act No. 10095, Mar. 17, 2010]
 Article 26 (Duty of Confidentiality)
No current or former executive officer or employee of the Cooperation Agency shall reveal any confidential information he/she has learned while performing his/her duties.
[This Article Wholly Amended by Act No. 10095, Mar. 17, 2010]
 Article 27 (Prohibition of Use of Similar Name)
Any person who is not the Cooperation Agency under this Act shall not use the title "Korea International Cooperation Agency" or any title similar thereto.
[This Article Wholly Amended by Act No. 10095, Mar. 17, 2010]
 Article 28 (Application Mutatis Mutandis of the Civil Act)
Except as prescribed in this Act, the provisions on incorporated foundations of the Civil Act shall apply mutatis mutandis to the Cooperation Agency.
[This Article Wholly Amended by Act No. 10095, Mar. 17, 2010]
 Article 29 (Legal Fiction as Public Officials in Application of Penalty Provisions)
For the purposes of Articles 129 through 132 of the Criminal Act, executive officers and employees of the Cooperation Agency shall be deemed public officials.
[This Article Wholly Amended by Act No. 10095, Mar. 17, 2010]
 Article 30 (Penalty Provisions)
Any person who divulges confidential information he/she has learned while performing his/her duties, in violation of Article 26, shall be punished by imprisonment with labor for not more than two years or a fine not exceeding 20 million won. <Amended by Act No. 13350, Jun. 22, 2015>
[This Article Wholly Amended by Act No. 10095, Mar. 17, 2010]
 Article 31 (Administrative Fines)
(1) Any person who uses the title "Korea International Cooperation Agency" or any title similar thereto, in violation of Article 27, shall be punished by an administrative fine not exceeding two million won.
(2) Administrative fines prescribed in paragraph (1) shall be imposed and collected by the Minister of Foreign Affairs. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10095, Mar. 17, 2010]
 Article 32 Deleted. <by Act No. 6475, May 24, 2001>
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Preparation for Establishment)
(1) The Minister of Foreign Affairs shall entrust seven or less members of an establishment committee within 30 days from the date when this Act enters into force and have them discharge the duties concerning the establishment of the Cooperation Agency.
(2) The members shall prepare the articles of association of the Cooperation Agency which require authorization from the Minister of Foreign Affairs.
(3) The members shall, upon obtaining authorization referred to in paragraph (2), make a registration for incorporation of the Cooperation Agency in their joint names without delay.
(4) The members shall hand over the duties to the president of the Cooperation Agency immediately after the registration for incorporation is completed.
(5) The members shall be deemed to have been decommissioned when the duties are completely transferred under paragraph (4).
Article 3 (Incorporation Expenses)
The incorporation expenses of the Cooperation Agency shall be borne by the Korea Overseas Development Corporation (hereinafter referred to as the "Corporation").
Article 4 (Repeal of Other Act)
The Korea Overseas Development Corporation Act shall be repealed on the date on which the registration for incorporation of the Cooperation Agency is completed.
Article 5 (Succession, etc. of Rights and Duties)
(1) The Corporation shall be dissolved at the same time as the Korea Oversea Development Corporation Act is repealed, and the Cooperation Agency shall generally succeed to the rights and duties of the Corporation.
(2) The Government contributions remaining at the time of dissolution of the Corporation shall be deemed to have been contributed to the Cooperation Agency on the date of dissolution of the Corporation.
(3) The name of the Corporation entered in the registry or any other public account book on properties, rights and duties to which the Corporation Agency generally succeeds pursuant to paragraph (1), shall be deemed to be the name of the Cooperation Agency at the same time as the establishment of the Cooperation Agency.
(4) Value of the property generally succeeded to pursuant to paragraph (1) shall be equivalent to the book value on the date immediately preceding the date of registration for incorporation of the Cooperation Agency.
(5) Acts done by or toward the Corporation before the establishment of the Cooperation Agency shall be deemed acts done by or toward the Cooperation Agency.
Article 6 (Succession, etc. of Related Affairs)
(1) The Cooperation Agency shall succeed to the following affairs from the relevant agencies at the same time as its establishment: Provided, That the time of succession to the gratuitous construction technical services shall be determined in consultation between the Minister of Foreign Affairs and the Minister of Construction:
1. Inviting trainees from and dispatching specialists to any specified cooperation area by the Ministry of Foreign Affairs, the Ministry of Construction, the Ministry of Labor, and the Ministry of Science and Technology;
2. Gratuitous construction technical services by the Ministry of Construction;
3. Development and research projects by the Ministry of Finance and Economy and the Ministry of Science and Technology;
4. Providing assistance for vocational training by the Ministry of Labor;
5. Projects executing grant aid and dispatch of medical teams and taekwondo masters by the Ministry of Foreign Affairs; and
6. Dispatching the Korea Youth Overseas Service Corps by the Ministry of Education.
(2) Acts done by or toward the central administrative agencies falling under any of subparagraphs of paragraph (1) before the establishment of the Cooperation Agency shall be deemed the acts done by or toward the Cooperation Agency.
Article 7 (Transfer of Budget)
The relevant portion of the budgets of central administrative agencies which has carried out the projects referred to in Article 7, and Article 6 of the Addenda shall be transferred to the budget under the jurisdiction of the Ministry of Foreign Affairs at the same time as the establishment of the Cooperation Agency.
Article 8 (Relations with Other Statutes)
Where other statutes cite the Korea Overseas Development Cooperation Act or the Korea Overseas Development Cooperation at the time of establishment of the Cooperation Agency, it shall be deemed to have cited the Korea International Cooperation Agency Act or the Korea International Cooperation Agency, respectively.
ADDENDA <Act No. 4985, Dec. 6, 1995>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures) In applying the penalty provisions for the acts done before this Act enters into force, the previous provisions shall apply.
ADDENDA <Act No. 5638, Jan. 21, 1999>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Penalty Provisions) In applying the penal provisions for the acts committed before this Act enters into force, the previous provisions shall apply.
(3) Omitted.
ADDENDUM <Act No. 6475, May 24, 2001>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8316, Mar. 29, 2007>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) Deleted. <by Act No. 14404, Dec. 20, 2016>
ADDENDUM <Act No. 10095, Mar. 17, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11482, Aug. 13, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Deleted. <by Act No. 14404, Dec. 20, 2016>
ADDENDA <Act No. 11528, Dec. 11, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures with regard to the President)
The president appointed pursuant to previous provisions as at the time this Act enters into force shall be considered the Chairman appointed pursuant to the amended provisions of Article 8 (3).
Article 3 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 11892, Jul. 16, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 12771, Oct. 15, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Incompetent Person, etc.)
Notwithstanding the amended provisions of subparagraph 3 of Article 9, former provisions shall apply to the persons for whom the effect of declaration of incompetence or quasi-incompetence is maintained.
ADDENDUM <Act No. 13350, Jun. 22, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14404, Dec. 20, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2017.
Articles 2 and 3 Omitted.