CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe matters necessary for the management of public records in order to realize transparent and responsible administration of public institutions as well as to safely keep and efficiently utilize public records.
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 2 (Scope of Application) |
This Act shall apply to public records, such as archival information and data deemed worth preserving on a national level, among archives created or received by public institutions in relation to the affairs thereof and archival information and data (including archival information and data held or managed by public institutions) created or obtained by individuals or organizations.
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
The terms used in this Act shall be defined as follows:
| 1. | The term "public institution" means a State agency, a local government and any other institution prescribed by Presidential Decree; |
| 2. | The term "archives" means archival information and data in all forms, such as documents, books, ledgers, cards, drawings, audiovisual materials and electronic documents created or received by public institutions in relation to the affairs thereof, and documentary art records; |
| 3. | The term "archives management" means the creation, classification, arrangement, transfer, collection, evaluation, discard, preservation, disclosure, utilization of archives, and all affairs incidental thereto; |
| 4. | The term "archives management institution" means an institution which performs the affairs of archives management upon being equipped with certain facilities and equipment, and specialists to operate such facilities and equipment, and which is classified into a permanent archives management institution, an archives institution and a special archives institution; |
| 5. | The term "permanent archives management institution" means an institution which permanently manages archives upon being equipped facilities and equipment necessary for permanently preserving archives, and specialists to operate such facilities and equipment, and which is classified into a central archives management institution, an archives management institution of a constitutional institution, a local archives management institution and the Presidential Archives. |
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 4 (Duty of Public Officials) |
| (1) | All public officials are bound to protect and manage archives, as prescribed by this Act. |
| (2) | The heads of public institutions and the heads of archives management institutions shall proactively endeavor to ensure that archives are disclosed and made available to the public. |
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 5 (Principles of Archives Management) |
The heads of public institutions and the heads of archives management institutions shall manage archives in such a manner that the authenticity, integrity, reliability, and availability thereof may be guaranteed throughout the whole process from the creation to utilization thereof.
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 6 (Electronic Creation and Management of Archives) |
The heads of public institutions and the heads of archives management institutions shall devise measures necessary to electronically create and manage archives, and endeavor to electronically manage archives that have not been created in electronic format.
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 7 (Principles of Standardization of Archives Management) |
The head of the Central Archives Management Institution shall formulate and implement a policy for standardizing archives management so that archives may be managed and utilized efficiently and uniformly.
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 8 (Relationships with other Acts) |
Unless otherwise expressly provided for in other Acts, this Act shall apply to archives management.
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
CHAPTER II ARCHIVES MANAGEMENT INSTITUTIONS
| Article 9 (Central Archives Management Institution) |
| (1) | The Minister of the Interior and Safety shall establish and operate a permanent archives management institution under his/her jurisdiction in order to exercise overall control of and coordinate archives management, and preserve and manage archives permanently. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The permanent archives management institution established and operated under the jurisdiction of the Minister of the Interior and Safety pursuant to paragraph (1) (hereinafter referred to as the "Central Archives Management Institution") shall perform the following affairs: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | Formulating the basic policy on archives management and the improvement of the systems related thereto; |
| 2. | Formulating a policy for standardizing archives management, and developing and operating standards for archives management; |
| 3. | Managing archives and compiling and managing statistics related to archives management; |
| 4. | Establishing and standardizing an electronic management system of archives; |
| 5. | Research on methods of archives management and preservation techniques of archives and the dissemination thereof; |
| 6. | Education and training of persons engaged in archives management; |
| 7. | Guidance, supervision, and evaluation on archives management; |
| 8. | Connection and cooperation with other archives management institutions; |
| 9. | Exchange and cooperation concerning archives management; |
| 10. | Other matters prescribed by this Act. |
| (3) | If necessary for efficiently managing archives transferred from public institutions, the head of the Central Archives Management Institution may establish and operate an intermediary management facility. |
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 10 (Archives Management Institutions of Constitutional Institutions) |
| (1) | The National Assembly, the Supreme Court, the Constitutional Court, and the National Election Commission may establish and operate a permanent archives management institution in order to permanently preserve and manage archives under the jurisdiction thereof. In such cases, when they fail to establish and operate a permanent archives management institution, they shall entrust the Central Archives Management Institution with archives management under their jurisdiction, as prescribed by Presidential Decree. |
| (2) | Permanent archives management institutions established and operated respectively by the National Assembly, the Supreme Court, the Constitutional Court, or the National Election Commission pursuant to paragraph (1) (hereinafter referred to as "archives management institution of a constitutional institution") shall perform the following affairs: |
| 1. | Formulating and implementing a master plan for archives management of public institutions under its jurisdiction; |
| 2. | Managing archives of public institutions under its jurisdiction and compiling and managing statistics related to archives management; |
| 3. | Guidance and supervision of and support for archives management of public institutions under its jurisdiction; |
| 4. | Mutual utilization and sharing the preservation of archives in cooperation with the Central Archives Management Agency; |
| 5. | Education and training of persons engaged in archives management of public institutions under its jurisdiction; |
| 6. | Other matters concerning archives management. |
| (3) | When the head of the Central Archives Management Institution requests the head of an archives management institution of a constitutional institution to cooperate with him/her relating to matters necessary for the efficient management of archives, such as implementing standards for archives management, and the current status of statistics related to archives management, the head of an archives management institution of a constitutional institution shall comply with such request. |
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 11 (Local Archives Management Institutions) |
| (1) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor shall establish and operate a permanent archives management institution (hereinafter referred to as "City/Do archives management institution") to permanently preserve and manage archives under his/her jurisdiction, as prescribed by ordinance of the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do"). |
| (2) | The Superintendent of the Office of Education in a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as "Superintendent of the Office of Education of a City/Do") may establish and operate a permanent archives management institution (hereinafter referred to as "archives management institution of the office of education of a City/Do") to permanently preserve and manage archives under his/her jurisdiction, as prescribed by ordinance of the relevant City/Do. In such cases, when the Superintendent of the Office of Education of a City/Do fails to establish and operate an archives management institution of the office of education of a City/Do, he/she shall transfer archives under his/her jurisdiction to a City/Do archives management institution, as prescribed by Presidential Decree. |
| (3) | The head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) may establish and operate a permanent archives management institution (hereinafter referred to as "archives management institution of a Si/Gun/Gu") to permanently preserve and manage archives under his/her jurisdiction, as prescribed by ordinance of a Si/Gun/autonomous Gu. In such cases, when the head of a Si/Gun/Gu fails to establish and operate an archives management institution of a Si/Gun/Gu, he/she shall transfer archives under his/her jurisdiction to an archives management institution of a City/Do, as prescribed by Presidential Decree. |
| (4) | If necessary for efficiently managing archives, the heads of local governments may jointly establish and operate a permanent archives management institution, as prescribed by Presidential Decree. |
| (5) | An archives management institution of a City/Do (including cases where it has acquired the transferred archives under the jurisdiction of the Superintendent of the Office of Education of a City/Do pursuant to the latter part of paragraph (2) or the head of a Si/Gun/Gu pursuant to the latter part of paragraph (3)), an archives management institution of the Office of Education of a City/Do, an archives management institution of a Si/Gun/Gu, and a permanent archives management institution jointly established and operated pursuant to paragraph (4) (hereinafter referred to as "local archives management institution") shall perform the following affairs: |
| 1. | Formulating and implementing a master plan for archives management of public institutions under its jurisdiction; |
| 2. | Managing archives of public institutions under its jurisdiction and compiling and managing statistics related to archives management; |
| 3. | Guidance and supervision of and support for archives management of public institutions under its jurisdiction; |
| 4. | Guidance on archives management of a local government under its jurisdiction (limited to an archives management institution of a City/Do); |
| 5. | Mutual utilization and sharing the preservation of archives in cooperation with the Central Archives Management Institution; |
| 6. | Education and training of persons engaged in archives management of public institutions under its jurisdiction; |
| 7. | Collecting folk materials, etc. related to public institutions under its jurisdiction; |
| 8. | Other matters concerning archives management. |
| (6) | The State may grant subsidies for some expenses incurred in establishing and operating local archives management institutions within budgetary limits. |
| (7) | When the head of the Central Archives Management Institution requests the head of a local archives management institution to cooperate with him/her relating to matters necessary for efficiently managing archives, such as implementing standards for archives management, the transfer of the original or duplicates of archives relating to the affairs delegated by the State, and the current status of statistics related to archives management, the head of a local archives management institution shall comply with such request. |
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 12 Deleted. <by Act No. 8395, Apr. 27, 2007> |
| Article 13 (Record Repositories) |
| (1) | A public institution prescribed by Presidential Decree shall establish and operate a record repository to efficiently manage its archives: Provided, That no public institution that establishes and operates a special record repository prescribed in Article 14 shall establish any record repository therein. |
| (2) | Record repositories shall perform the following affairs: |
| 1. | Establishing and implementing a master plan for archives management of the relevant public institution; |
| 2. | Collecting, managing, and utilizing archives of the relevant public institution; |
| 3. | Managing archives of public institutions under their jurisdiction, in which no record repository is established; |
| 4. | Transferring archives to a permanent archives management institution; |
| 5. | Receiving requests for disclosure of information on archives of the relevant public institution; |
| 6. | Guidance and supervision of and support for archives management of public institutions under its jurisdiction; |
| 7. | Other matters concerning archives management. |
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 14 (Special Record Repositories) |
| (1) | Where the head of a public institution that creates archives in the fields of unification, diplomacy, security, investigation, or intelligence intends to manage archives under his/her jurisdiction for a long period, he/she may establish and operate a special record repository in consultation with the head of the Central Archives Management Institution. |
| (2) | Special record repositories shall have facilities and equipment prescribed in Article 28 (1) and specialists to operate such facilities and equipment. |
| (3) | Special record repositories shall perform the following affairs: |
| 1. | Establishing and implementing a master plan for archives management of public institutions under their jurisdiction; |
| 2. | Collecting, managing and utilizing archives of the relevant public institution; |
| 3. | Managing archives of public institutions under their jurisdiction, in which no special record repository is established; |
| 4. | Transferring archives to the Central Archives Management Institution; |
| 5. | Receiving requests for disclosure of information on archives of the relevant public institution; |
| 6. | Guidance and supervision of and support for archives management of public institutions under their jurisdiction; |
| 7. | Other matters concerning archives management. |
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
CHAPTER III NATIONAL ARCHIVES MANAGEMENT COMMITTEE
| Article 15 (National Archives Management Committee) |
| (1) | The National Archives Management Committee (hereinafter referred to as the "Committee") shall be established under the jurisdiction of the Prime Minister to deliberate on the following matters: |
| 1. | Formulating basic policies on archives management; |
| 2. | Establishing, revising and repealing standards for archives management; |
| 3. | Matters for cooperation and collaboration between permanent archives management institutions; |
| 4. | Managing the Presidential Archives; |
| 5. | Approving disclosure of confidential archives and the extension of a timing for transfer thereof; |
| 6. | Designating and revoking State-designated archives; |
| 7. | Other matters referred to discussion by the chairperson of the Committee in relation to archives management. |
| (2) | The Committee shall be comprised of not more than 20 members, including one chairperson, and members shall be appointed or commissioned by the Prime Minister from among the following persons: |
| 1. | Affiliated public officials recommended by the Secretary General of the National Assembly Secretariat, the Minister of the National Court Administration, the Secretary General of the Department of Court Administration of the Constitutional Court, and the Secretary General of the National Election Commission; |
| 2. | The head of the Central Archives Management Institution; |
| 3. | Persons who have abundant knowledge and experience relating to archives management. |
| (3) | The Prime Minister shall appoint or commission the chairperson of the Committee from among its members. |
| (4) | The term of office of members under paragraph (2) 3 shall be three years, and they may be reappointed or recommissioned only once. |
| (5) | Where a member of the Committee falls under any of the following circumstances, the Prime Minister may dismiss or decommission such member: <Added by Act No. 14613, Mar. 21, 2017> |
| 1. | Where it is impracticable for the member to perform his/her duties due to any mental or physical impairment; |
| 2. | Where the member is prosecuted in a criminal case in which his/her duties are involved; |
| 3. | Where the member clearly expresses that he/she is unable to perform his/her duties; |
| 4. | Where the head of the institution who has recommended the member as a commissioned member (applicable only to a member commissioned under paragraph (2) 1), requests a release from his/her position. |
| (6) | The Committee shall take and preserve minutes in which the following matters are stated. In such cases, stenography, sound recording or video recording may be conducted, if deemed necessary: |
| 1. | The date and place of a meeting; |
| 2. | The number and names of members present; |
| 3. | Names of other participants and attendees; |
| 4. | Items on the agenda and decisions made at a meeting; |
| 5. | Other matters for discussion. |
| (7) | The Committee shall assign one executive secretary who is a public official of the Central Archives Management Institution to support its business affairs. |
| (8) | The Committee shall organize an expert committee or special committee therein for the efficient operation thereof. |
| (9) | Except as otherwise prescribed in paragraphs (1) through (8), matters necessary for the organization, operation, etc. of the Committee, expert committees and special committees shall be prescribed by Presidential Decree. <Amended by Act No. 14613, Mar. 21, 2017> |
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
CHAPTER IV CREATION OF ARCHIVES
| Article 16 (Principles of Creation of Archives) |
| (1) | For the efficient and responsible performance of affairs, a public institution shall take measures necessary for archives management based on the process of performing its affairs so that the whole process of performing its affairs from the planning to the completion stage of the affairs and results thereof may be created and managed as archives. |
| (2) | Matters necessary for archives management under paragraph (1) shall be prescribed by the Rules of the National Assembly, the Rules of the Supreme Court, the Rules of the Constitutional Court, the Rules of the National Election Commission, and Presidential Decree. |
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 17 (Duty to Create Archives) |
| (1) | Where a public institution intends to implement important policies, projects, etc., it shall create an investigation report, research report, examination report, etc. in advance, as prescribed by Presidential Decree. |
| (2) | A public institution shall take minutes, stenographic records or sound recordings of important meetings, as prescribed by Presidential Decree. In such cases, it may choose not to disclose stenographic records or sound recording during the period prescribed by Presidential Decree for smooth creation and protection of such archives. |
| (3) | A public institution shall create audiovisual archives, etc. relating to the performance of important affairs, as prescribed by Presidential Decree. |
| (4) | Where the head of a permanent archives management institution deems it necessary to directly create relevant archives for the preservation of important archives, he/she may dispatch affiliated public officials to such public institutions, events, etc. to make records in consultation with the heads of relevant public institutions. |
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 18 (Registration, Classification, Filing, etc. of Archives) |
When a public institution has created or received archives in the course of performing its duties, it shall take necessary measures for registration, classification, filing, etc. of such archives, as prescribed by Presidential Decree: Provided, That in cases of archives related to an investigation or trial deemed necessary to apply methods of such registration, classification, filing, etc. differently due to the nature of archives, the head of the relevant central administrative agency may determine different methods in consultation with the head of the Central Archives Management Institution.
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
CHAPTER V MANAGEMENT OF ARCHIVES
| Article 19 (Management, etc. of Archives) |
| (1) | Each public institution shall manage archives by classifying them by the period of preservation, whether to disclose, whether to keep them confidential, authority to access, etc., as prescribed by Presidential Decree. |
| (2) | Each public institution shall transfer its archives to the competent record repository or special record repository within the period prescribed by Presidential Decree: Provided, That a public institution in which no competent record repository or special record repository is established shall transfer its archives to a department designated by the head of such public institution, as prescribed by Presidential Decree. <Amended by Act No. 14613, Mar. 21, 2017> |
| (3) | Record repositories or special record repositories shall transfer archives classified to be preserved for at least 30 years to the competent permanent archives management institution within the period prescribed by Presidential Decree. <Amended by Act No. 14613, Mar. 21, 2017> |
| (4) | Notwithstanding the provisions of paragraph (3), special record repositories may extend the timeframe for transfer of confidential archives under their jurisdiction by up to 30 years after the end of the year of creation, and if necessary to use such archives in performing their duties even after 30 years have passed, they may request the head of the Central Archives Management Institution to extend the timeframe for transfer, as prescribed by Presidential Decree. |
| (5) | Notwithstanding the provisions of paragraph (4), the Director of the National Intelligence Service may extend the timeframe for transfer of confidential archives under his/her jurisdiction by up to 50 years after the end of the year of creation, and he/she may otherwise determine the timeframe for transfer of archives related to intelligence likely to substantially hinder national security, if disclosed, in consultation with the head of the Central Archives Management Institution, as prescribed by Presidential Decree. |
| (6) | For the smooth collection and transfer of archives, a public institution shall notify a competent archives management institution of the current status of the creation of archives each year, as prescribed by Presidential Decree. In such cases, where record repositories or special record repositories are established within an institution affiliated to a central administrative agency, record repositories or special record repositories of such central administrative agency shall collect data on the current status of creation and notify the Central Archives Management Institution thereof. <Amended by Act No. 14613, Mar. 21, 2017> |
| (7) | The head of the Central Archives Management Institution shall regularly or occasionally inspect the management conditions of archives of public institutions: Provided, That in cases of archives under the jurisdiction of the National Intelligence Service, he/she may otherwise determine the method of, and procedures, etc. for inspections in consultation with the Director of the National Intelligence Service. |
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 20 (Management of Electronic Archives) |
| (1) | For the safe and systematic management, utilization, etc. of archival information and data created and managed by data processing systems, such as computers, (hereinafter referred to as "electronic archives"), the head of the Central Archives Management Institution shall establish and operate an electronic archives management system including the following matters: |
| 1. | Matters concerning the standardization of management, such as functions, standards, items to be managed by the electronic archives management system, and preservation format and media of electronic archives; |
| 2. | Matters concerning the joint ownership of data of electronic archives, integrated search, and utilization among archives management institutions; |
| 3. | Matters concerning a data management system to maintain the authenticity of electronic archives; |
| 4. | Matters concerning the preservation, utilization, etc. of authentication records, such as administrative electronic signatures; |
| 5. | Matters concerning establishing a system to electronically connecting and utilizing archives among archives management institutions. |
| (2) | Other matters necessary for the electronic management of electronic archives and archives that have not been created electronically shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 21 (Dual Preservation of Important Archives) |
| (1) | In principle, important archives among archives classified as permanent archives shall be preserved dually by making a duplicate or recording in preservation media, etc. |
| (2) | Each archives management institution shall send a duplicate of the preservation media of important archives to the Central Archives Management Institution for the safe and decentralized preservation of such important archives recorded in the preservation media among archives it preserves, as prescribed by Presidential Decree. |
| (3) | The head of the Central Archives Management Institution may request archive management institutions to record archives worth preserving on a national level in the preservation media and send a duplicate of such preservation media. |
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 22 (Management of Publications) |
| (1) | When a public institution intends to issue a publication, it shall be issued a publication registration number from the competent permanent archives management institution, as prescribed by Presidential Decree. <Amended by Act No. 14613, Mar. 21, 2017> |
| (2) | Each public institution shall indicate a publication registration number issued under paragraph (1) on a publication it publishes, and when it has published a publication, it shall immediately send three copies of such publication respectively to the competent record repository or special record repository, and the competent permanent archives management institution and the Central Archives Management Institution so that such publication is preserved and utilized. <Amended by Act No. 14613, Mar. 21, 2017> |
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 23 (Management of Audiovisual Archives) |
Each public institution shall manage archives in image or voice, such as photographs, films, tapes, video, records, and discs created in relation to the performance of its duties, and transfer such archives to the competent permanent archives management institution, as prescribed by Presidential Decree. <Amended by Act No. 14613, Mar. 21, 2017>
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 24 (Management of Documentary Art Records) |
Each public institution shall manage archives with shapes created and utilized in relation to the performance of its duties, which are of great value in terms of administration, history, culture, and art, and transfer such archives to the competent permanent archives management institution, as prescribed by Presidential Decree. <Amended by Act No. 14613, Mar. 21, 2017>
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 25 (Management of Archives of Closed Institutions) |
| (1) | Where a public institution is closed and no institution succeeds to the affairs of the closed institution, the head of the closed institution shall transfer the archives thereof to the competent permanent archives management institution without delay: Provided, That in any of the following circumstances, archives shall be transferred, as prescribed by Presidential Decree: <Amended by Act No. 14613, Mar. 21, 2017> |
| 1. | Where a State agency or local government agency is converted into an institution prescribed by Presidential Decree which is provided for in subparagraph 1 of Article 3 or a nongovernmental institution; |
| 2. | Where an institution prescribed by Presidential Decree which is provided for in subparagraph 1 of Article 3 is converted into a nongovernmental institution. |
| (2) | Where a public institution is closed and an institution succeeds to the affairs of such closed institution, the head of the closed institution and the head of an institution succeeding to the affairs thereof shall take measures so that archives may be transferred and acquired smoothly, as prescribed by Presidential Decree. |
| (3) | If necessary for the systematic transfer, management, etc. of archives under the jurisdiction of a closed institution, the head of a permanent archives management institution may dispatch affiliated public officials. |
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 26 (Retrieval of Archives) |
| (1) | Where a private person holds or manages any leaked archives, the head of a public institution or the head of a permanent archives management institution shall take necessary measures, such as retrieval of such archives, preservation in trust, and collection of duplicates. In such cases, when he/she has retrieved archives, he/she may make compensation to a third party who has acquired such archives in good faith in accordance with the standards prescribed by Presidential Decree. |
| (2) | If the head of a public institution (only applicable to State agencies and local governments) or the head of a permanent archives management institution deems it necessary for the retrieval of archives under paragraph (1), he/she may assign the relevant public officials to check the list and details of archives held or managed by a private person and investigate other necessary matters. |
| (3) | A public official who conducts an investigation pursuant to paragraph (2) shall produce an identification card indicating his/her authority to relevant persons. |
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 27 (Discard of Archives) |
| (1) | Where a public institution intends to discard archives, it shall undergo an inspection by a specialist in archives management as provided for in Article 41 (1) and a deliberation by the Archives Evaluation Council established under Article 27-2, as prescribed by Presidential Decree. |
| (2) | Where a permanent archives management institution intends to discard archives by reclassifying the value of preservation of the archives being preserved, it shall observe the standards and procedures prescribed by Presidential Decree. |
| (3) | A public institution or permanent archives management institution may entrust a private person, etc. with the discard of archives under paragraph (1). In such cases, it shall take necessary measures so that archives may not leak, by assigning the relevant public official to attend and supervise the discard of archives until the completion of such discard. |
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 27-2 (Archives Evaluation Council) |
| (1) | The head of a public institution or the head of a permanent archives management institution shall organize and operate an Archives Evaluation Council comprised of civilian experts to evaluate and discard archives being preserved. |
| (2) | Matters necessary for the organization, operation, etc. of an Archives Evaluation Council shall be prescribed by the Rules of the National Assembly, the Rules of the Supreme Court, the Rules of the Constitutional Court, the Rules of the National Election Commission, and Presidential Decree. |
[This Article Added by Act No. 11391, Mar. 21, 2012]
| Article 28 (Facilities and Equipment of Archives Management Institutions) |
| (1) | For the systematic management, safe preservation, and efficient utilization of archives, the head of the Central Archives Management Institution shall determine the standards of facilities and equipment for each archives management institution, as prescribed by Presidential Decree. |
| (2) | The head of an archives management institution shall observe the standards of facilities and equipment prescribed in paragraph (1), and the head of the Central Archives Management Institution may request an archives management institution that fails to observe such standards to observe the standards. |
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 29 (Recording Media, Articles, etc.) |
| (1) | When an archives management institution manages archives by recording them in the microfilms or electronic media, it shall manage the archives in accordance with the standards established by the Central Archives Management Institution so that it may mutually exchange and utilize such archives in common with the Central Archives Management Institution. |
| (2) | The head of the Central Archives Management Institution shall establish the standards appropriate for recording media, materials, etc. used for archives management, and matters necessary for the establishment, management, authentication, etc. of such standards shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 30 (Measures for Security and Disaster Control of Archives) |
| (1) | The head of an archives management institution shall establish and implement measures for security and disaster control of archives in order to safely manage archives under his/her jurisdiction, as prescribed by Presidential Decree. |
| (2) | For the safe management of electronic archives, the head of a permanent archive management institution shall establish and operate a disaster recovery system. |
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 30-2 (Research and Development of Preservation and Restoration Techniques) |
The head of the Central Archives Management Institution shall endeavor to develop techniques to preserve and restore archives scientifically or systematically and to disseminate the developed techniques.
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
CHAPTER VI (Article 31) DELETED.
| Article 31 Deleted. <by Act No. 8395, Apr. 27, 2007> |
CHAPTER VII MANAGEMENT OF CONFIDENTIAL ARCHIVES
| Article 32 (Principles of Management of Confidential Archives) |
The head of an archives management institution shall have a confidential archives management system, such as a separate and exclusive library necessary for the management of confidential archives, designate management personnel exclusively responsible for such archives, and establish and implement security measures so that confidential information may not be divulged in the course of handling confidential archives, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 33 (Management of Confidential Archives) |
| (1) | When a public institution creates confidential archives, it shall determine the period of protection of confidentiality and the period of preservation on the original of such archives and manage the same until the period of preservation expires. In such cases, it shall determine the period of preservation to be longer than the period of protection of confidentiality. |
| (2) | Each public institution shall transfer the original confidential archives to the competent archives management institution for preservation, as prescribed by Presidential Decree. <Amended by Act No. 14613, Mar. 21, 2017> |
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 34 (Notification of Current Status, etc. of Creation of Confidential Archives) |
The head of a public institution shall notify the head of the competent permanent archives management institution of the current status of the creation, declassification and reclassification of the original confidential archives created by the relevant institution each year, as prescribed by Presidential Decree. In such cases, a notification form, etc. shall be prescribed by Ministerial Decree of the Interior and Safety following consultation with the Director of the National Intelligence Service. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14613, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
CHAPTER VIII DISCLOSURE, PERUSAL AND UTILIZATION OF ARCHIVES
| Article 35 (Classification as to Disclosure of Archives) |
| (1) | Where a public institution intends to transfer archives to a competent archives management institution, it shall transfer the archives after reclassifying whether to disclose such archives: Provided, That where a record repository or special record repository of a public institution transfers archives to a permanent archives management institution, and it has reclassified whether to disclose the relevant archives during the last five years before it transfers the archives pursuant to paragraph (2), it may transfer such archives without reclassifying whether to disclose them. <Amended by Act No. 14613, Mar. 21, 2017> |
| (2) | Each archives management institution shall reclassify whether to disclose archives reclassified as confidential every five years from the year they are reclassified. |
| (3) | In principle, confidential archives shall be disclosed when 30 years pass after the end of the year of creation: Provided, That this shall not apply to archives the timeframe for transfer of which is extended by 30 or more years pursuant to Article 19 (4) and (5). |
| (4) | Notwithstanding the main sentence of paragraph (3), if the head of a permanent archives management institution is requested to extend the period for non-disclosure of archives by an institution that has created archives, he/she may choose not to disclose the relevant archives through deliberation by the Archives Evaluation Council under Article 38 and the Committee, respectively. In such cases, he/she shall announce the current status of archives reclassified as confidential by type of non-disclosure in the Official Gazette or on the Internet homepage, etc., and reclassify whether to disclose such archives every five years from the year they are reclassified. |
| (5) | Where the head of an archives management institution intends to disclose archives in the fields of unification, diplomacy, security, investigation and intelligence, he/she shall first hear opinions of the heads of institutions that have created such archives. |
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 36 (Designation of Maximum Period for Non-disclosure of Archives Preserved by Permanent Archives Management Institutions) |
The head of the Central Archives Management Institution may otherwise determine a maximum period for non-disclosure of archives transferred to a permanent archives management institution by the nature of archives, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 37 (Perusal of Confidential Archives) |
| (1) | Where the head of a permanent archives management institution is requested to allow perusal of confidential archives under its management in cases falling under any of the following subparagraphs, he/she may allow restricted perusal of such confidential archives, as prescribed by Presidential Decree: |
| 1. | Where the person himself/herself (including his/her successor) or his/her agent delegated by him/her requests for perusal of personal information; |
| 2. | Where an individual or organization requests for perusal of such confidential archives for the relief, etc. of rights and the head of a permanent archives management institution deems it impossible to verify the relevant information without the relevant archives; |
| 3. | Where a public institution requests for perusal of confidential archives as necessary for performing its duties and the head of a permanent archives management institution deems it impossible to verify the relevant information without the relevant archives; |
| 4. | Where an individual or organization requests for perusal of confidential archives for nonprofit purposes, such as scientific research, and the head of a permanent archives management institution deems it impossible to verify the relevant information without the relevant archives. |
| (2) | No person who has perused confidential archives pursuant to paragraph (1) shall use information on such archives for any purpose, other than the purpose stated in an application for perusal. |
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 38 (Archives Disclosure Council) |
| (1) | A permanent archives management institution shall establish and operate an archives disclosure council to deliberate on the following matters: |
| 1. | Matters concerning a request for the extension of the period for non-disclosure filed under Article 35 (4); |
| 2. | Other matters requested by the head of a permanent archives management institution for deliberation in relation to whether to disclose archives. |
| (2) | An archives disclosure council shall be comprised of seven members, including one chairperson, and the term of office of the chairperson and members shall be two years, and they may be reappointed or recommissioned. |
| (3) | The head of a permanent archives management institution shall appoint or commission the members of the archives disclosure council from among affiliated public officials and persons who have abundant knowledge and experience relating to the disclosure of archives, and matters concerning the composition and operation thereof shall be prescribed by Presidential Decree. |
| (4) | Article 15 (6) shall apply mutatis mutandis to the preparation and preservation of the minutes of the archives disclosure council. <Amended by Act No. 14613, Mar. 21, 2017> |
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 38-2 (Utilization of Archives Preserved by Permanent Archives Management Institutions) |
The head of a permanent archives management institution shall perform projects, such as organizing, describing, and compiling archives, and developing contents, in order to disclose the archives preserved by it and provide convenience for the perusal thereof.
[This Article Added by Act No. 10010, Feb. 4, 2010]
CHAPTER IX STANDARDIZATION AND SPECIALIZATION OF ARCHIVES MANAGEMENT
| Article 39 (Standardization of Archives Management) |
The head of the Central Archives Management Institution shall establish and implement standards for the following matters for the systematic and specialized management and efficient utilization of archives: Provided, That this shall not apply to cases where matters related to archives management standards have been established by the Korean Industrial Standards under the Industrial Standardization Act: | 1. | A management system and items of electronic archives; |
| 2. | Standard functions by procedure for archives management; |
| 3. | Management standards and procedures by type of archives; |
| 4. | Standard model by type of archives management institutions; |
| 5. | Measures for security and disaster control of archives; |
| 6. | Other matters necessary for the efficient management of archives. |
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 40 (Procedures, etc. for Establishing Archives Management Standards) |
| (1) | Where the head of the Central Archives Management Institution intends to establish, amend or repeal archives management standards as prescribed in Article 39, he/she shall announce the details thereof in the Official Gazette, etc. and hear the opinions of persons involved, as prescribed by Presidential Decree. |
| (2) | The head of the Central Archives Management Institution shall take necessary measures, such as guidance and education, for the expansion and dissemination of archives management standards. |
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 41 (Specialists in Archives Management) |
| (1) | The head of an archives management institution shall employ specialists in archives management for the systematic and professional management of archives. |
| (2) | Matters necessary for the qualifications of specialists in archives management, the number of specialists employed, etc. shall be prescribed by the Rules of the National Assembly, the Rules of the Supreme Court, the Rules of the Constitutional Court, the Rules of the National Election Commission, and Presidential Decree. |
| (3) | The head of the Central Archives Management Institution shall formulate a plan covering demand for specialized human resources, including specialists in archives management, and the nurturing, etc. thereof. |
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 42 (Education and Training for Management of Archives) |
The head of the Central Archives Management Institution shall establish measures for education and training to improve the ability of persons engaged in archives management, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
CHAPTER X COLLECTION AND MANAGEMENT OF PRIVATE ARCHIVES, ETC.
| Article 43 (Designation and Cancellation of State-Designated Archives) |
| (1) | The head of the Central Archives Management Institution may manage private archives deemed worth preserving permanently on a national level, which are archival information, data, etc. created and obtained by individuals or organizations (hereinafter referred to as "private archives"), by designating such archives as State-designated archives after deliberation by the Committee. |
| (2) | A person who owns or manages private archives may file an application for designation of such private archives as State-designated archives with the head of the Central Archives Management Institution. |
| (3) | When the head of the Central Archives Management Institution deems it necessary for designating State-designated archives pursuant to paragraph (1), he/she may assign affiliated public officials to check the list of relevant private archives and the details thereof and conduct other necessary investigations. |
| (4) | Article 26 (3) shall apply mutatis mutandis to an investigation conducted under paragraph (3). |
| (5) | Where the head of the Central Archives Management Institution has designated private archives as State-designated archives pursuant to paragraph (1), he/she shall notify a person who owns or manages such private archives of the fact of designation. |
| (6) | Where the head of the Central Archives Management Institution acknowledges that archives designated pursuant to paragraph (1) have lost the worth of preservation as State-designated archives, or where the owner or manager of State-designated archives files an application, the head of the Central Archives Management Institution may cancel such designation after deliberation by the Committee. |
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 44 (Management of Changes in State-Designated Archives) |
Where any of the following changes is made with regard to State-designated archives, the owner or manager of State-designated archives designated pursuant to Article 43 (1) shall report such fact to the head of the Central Archives Management Institution, as prescribed by Presidential Decree: | 1. | Where the owner has been changed due to disposal, donation, transfer, etc. of the State-designated archives; |
| 2. | Where the owner has appointed or dismissed a manager; |
| 3. | Where the name or domicile (in cases of an organization, referring to its name and the seat of its principal office) of the owner or manager, or the place of preservation is changed; |
| 4. | Where State-designated archives have been destroyed, stolen, or damaged. |
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 45 (Preservation and Management of State-Designated Archives) |
| (1) | Where necessary for protecting State-designated archives, the head of the Central Archives Management Institution may request the owner or manager of State-designated archives to install facilities necessary for preservation. In such cases, the head of the Central Archives Management Institution may subsidize expenses incurred in installing, etc. facilities for preservation within budgetary limits. |
| (2) | Where the owner or manager of State-designated archives is unable to install facilities for preservation under paragraph (1) due to extenuating circumstances, the head of the Central Archives Management Institution may preserve such State-designated archives upon being entrusted with the management thereof by the owner or manager. |
| (3) | Where it is necessary to reproduce or make copies of State-designated archives, the head of the Central Archives Management Institution may request the owner or manager of such State-designated archives to cooperate with him/her in reproduction or making copies, and such owner or manager shall cooperate with him/her unless extenuating circumstances exist. |
| (4) | Except as otherwise expressly provided for in paragraphs (1) through (3), matters necessary for the preservation and management of State-designated archives shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 46 (Collection of Principal Archival Information, Data, etc.) |
| (1) | The head of the Central Archives Management Institution may collect principal archival information and data and private archives, which are located in the Republic of Korea or overseas and worth preserving on a national level. |
| (2) | The head of the Central Archives Management Institution may request the owner or manager of principal archival information and data and private archives, which are located in the Republic of Korea or overseas and worth preserving on a national level, to submit a list or copies of such archival information and data and private archives. In such cases, the owner or manager of such archival information and data and private archives shall comply with such request unless extenuating circumstances exists. |
| (3) | The head of the Central Archives Management Institution may request the owner or manager of a motion picture designated, in consultation with the Minister of Culture, Sports and Tourism, as being worth preserving permanently on a national level among the motion pictures, the rating of which has been classified pursuant to Article 29 (1) of the Promotion of the Motion Pictures and Video Products Act, to send him/her its negative film or one set of its reproduction and a copy of its script. |
| (4) | The head of the Central Archives Management Institution may designate a broadcasting program deemed worth preserving permanently on a national level, as a broadcasting program subject to collection among the programs broadcasted (excluding re-transmission) in consultation with the Minister of Science and ICT or the Korea Communications Commission. In such cases, the head of the Central Archives Management Institution may request a terrestrial broadcasting business operator defined in subparagraph 3 (a) of Article 2 of the Broadcasting Act to send him/her the original or a copy of the relevant broadcasting program. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (5) | Matters necessary for the collection, preservation, etc. of archival information and data, private archives, etc. under paragraphs (1) through (4) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
CHAPTER XI SUPPLEMENTARY PROVISIONS
| Article 47 (Prohibition of Divulging Confidential Information) |
No person who has been in charge of the control of confidential archives, gained access to, or perused such archives shall divulge confidential information he/she has learned in the course of such activities.
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 48 (Assumed Original of Archives Recorded in Preservation Media) |
Archives recorded in any preservation media by an archives management institution in accordance with the standards and procedures prescribed by Presidential Decree shall be assumed same as the original.
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 49 (Provisions of Delegation) |
Matters necessary for the enforcement of this Act shall be prescribed by the Rules of the National Assembly, the Rules of the Supreme Court, the Rules of the Constitutional Court, the Rules of the National Election Commission, and Presidential Decree.
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
CHAPTER XII PENAL PROVISIONS
| Article 50 (Penalty Provisions) |
Any person (excluding a person who is neither a public official, executive nor employee of a public institution at the time he/she obtains archives) 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 30 million won:
| 1. | A person who destroys archives without permission; |
| 2. | A person who takes archives out of Korea without permission. |
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 51 (Penalty Provisions) |
Any person (excluding a person who is neither a public official, executive nor employee of a public institution at the time he/she obtains archives in cases under subparagraphs 1 through 3) who falls under any of the following subparagraphs shall be punished by imprisonment for not more than three years or by a fine not exceeding 20 million won:
| 1. | A person who conceals or leaks archives without permission; |
| 2. | A person who destroys archives by gross negligence; |
| 3. | A person who damages archives intentionally or by gross negligence lest some of the details should be understood; |
| 4. | A person who uses information on confidential archives for any purpose, other than the intended purpose, in violation of Article 37 (2). |
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 52 (Penalty Provisions) |
Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than two years or by a fine not exceeding ten million won:
| 1. | A person who refuses, interferes with or evades an investigation under Article 26 (2) without a justifiable ground; |
| 2. | A person who divulges confidential information he/she has learned in the course of performing his/her duties, in violation of Article 47. |
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
| Article 53 (Administrative Fines) |
| (1) | Any person who falls under any of the following subparagraphs shall be punished by an administrative fine not exceeding one million won: |
| 1. | A person who refuses, interferes with, or evades an investigation under Article 43 (3); |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the head of the Central Archives Management Institution. |
[This Article Wholly Amended by Act No. 11391, Mar. 21, 2012]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 35 (3) shall enter into force on July 1, 2009.
Article 2 (Transitional Measures concerning Archive Management Institutions of Constitutional Institutions, etc.)
Special archive management institutions established at the National Assembly, the Supreme Court, the Constitutional Court, and the National Election Commission pursuant to the former provisions as at the time this Act enters into force shall be deemed archive management institutions of constitutional institutions prescribed in Article 10, and special archive management institutions established at the National Intelligence Service and military institutions shall be deemed special archives institutions prescribed in Article 14.
Article 3 (Transitional Measures concerning City/Do Archive Management Institutions)
| (1) | In establishing City/Do archive management institutions as prescribed in Article 11 (1), the Mayors/Do Governors shall formulate a plan for the establishment, operation, etc. of City/Do archive management institutions after consultation with the heads of relevant institutions, such as the Minister of Public Administration and Security, the Minister of Planning and Budget, etc. by no later than December 31, 2007. |
| (2) | The duties of City/Do archive management institutions shall be performed by the Central Archive Management Institution until City/Do archive management institutions are established as prescribed in paragraph (1) after this Act enters into force. |
Article 4 (Transitional Measures concerning Record Repositories and Special Record Repositories)
Data centers or special data centers established pursuant to the former provisions as at the time this Act enters into force shall be deemed record repositories or special record repositories prescribed in Articles 13 and 14; however, where both data center and special data center are established at a public institution pursuant to the former provisions as at the time this Act enters into force, only one archive management institution selected by the head of such public institution among the record repository or special record repository shall be deemed established.
Article 5 (Transitional Measures concerning Reclassification of Confidential Archives)
Archives classified as confidential among archives held by archive management institutions before this Act enters into force shall be reclassified as to whether to disclose to the public by no later than June 30, 2009.
ADDENDA <Act No. 8395, Apr. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
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.)
ADDENDUM <Act No. 10010, Feb. 4, 2010>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 25 (2), 30 (2), 30-2, 35 (4), and 38-2 shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 11391, Mar. 21, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 11 shall enter into force on July 1, 2012.
Article 2 (Applicability to Term of Office of Members of National Archives Management Committee)
The amended provisions of Article 15 (4) shall also apply to the public official members commissioned pursuant to Article 15 (2) 3 as at the time this Act enters into force.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Act No. 14613, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended proviso to Article 25 (1), shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Management of Archives Subsequent to Conversion into Nongovernmental Institution)
The amended proviso to Article 25 (1) shall begin to apply from the first conversion of an institution prescribed by Presidential Decree which is provided for in subparagraph 1 of Article 3, into a nongovernmental institution on or after the enforcement date referred to in the proviso to Article 1 of this Addenda.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation; provided,, where any Act amended by Article 5 of this Addenda has been promulgated but is yet to enter into force by the time this Act enters into force, amendments to such Act shall enter into force on the enforcement date of such relevant Act.