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ENFORCEMENT DECREE OF THE MANAGEMENT OF PRESIDENTIAL ARCHIVES

Presidential Decree No. 20191, Jul. 26, 2007

Amended by Presidential Decree No. 20741, Feb. 29, 2008

Presidential Decree No. 20979, Aug. 27, 2008

Presidential Decree No. 22009, Feb. 4, 2010

Presidential Decree No. 22321, Aug. 4, 2010

Presidential Decree No. 23383, Dec. 21, 2011

Presidential Decree No. 24425, Mar. 23, 2013

Presidential Decree No. 25336, Apr. 29, 2014

Presidential Decree No. 27103, Apr. 26, 2016

Presidential Decree No. 27345, Jul. 19, 2016

Presidential Decree No. 28211, Jul. 26, 2017

 Article 1 (Purpose)
The purpose of this Decree is to provide for the matters delegated by the Act on the Management of Presidential Archives and matters necessary for the enforcement thereof.
 Article 2 (Operation of Special Committee for Management of Presidential Records)
(1) The chairperson (hereinafter referred to as the "Chairperson") of the Special Committee for the Management of Presidential Records (hereinafter referred to as the "Special Committee") established under Article 5 of the Act on the Management of Presidential Archives (hereinafter referred to as the "Act") shall preside over affairs and meetings of the Special Committee. <Amended by Presidential Decree No. 22009, Feb. 4, 2010>
(2) Meetings of the Special Committee shall be held quarterly: Provided, That where the Chairperson deems it necessary or upon request by at least one-third of incumbent members, the Chairperson may hold a meeting. <Amended by Presidential Decree No. 22009, Feb. 4, 2010>
(3) Meetings of the Special Committee shall be open with the attendance of a majority of incumbent members and resolutions shall be passed with the concurrence of a majority of the members present at the relevant meeting. <Amended by Presidential Decree No. 22009, Feb. 4, 2010>
(4) Where the Chairperson deems it necessary to deliberate on any matter specified under the subparagraphs of Article 5 (2) of the Act, he/she may request the head of the institutions referred to in subparagraph 1 (b) and (c) of Article 2 of the Act (hereinafter referred to as "Presidential record creation institutions"), the head of record repositories of the Presidential record creation institutions (hereinafter referred to as "competent repositories") under Article 9 (1) of the Act, and the head of Presidential Archives, to submit data necessary for the management of relevant Presidential records or require relevant public officials, interested persons, other witnesses, etc. to attend meetings to present opinions. <Amended by Presidential Decree No. 27345, Jul. 19, 2016>
(5) The Special Committee may pay to its members allowances, and reimburse travel expenses and other expenses incurred within budgetary limits: Provided, That the foregoing shall not apply where a public official-member attends meetings of the Special Committee in direct relation to his/her official duties. <Amended by Presidential Decree No. 22009, Feb. 4, 2010>
(6) In addition to those matters provided for in paragraphs (1) through (5), matters necessary for the operation of the Special Committee shall be prescribed by the Chairperson subject to a resolution passed by the Special Committee. <Amended by Presidential Decree No. 22009, Feb. 4, 2010>
(7) The head of the Presidential Archives shall support the following in order to efficiently operate the Special Committee: <Amended by Presidential Decree No. 22009, Feb. 4, 2010>
1. Matters concerning a budget, manpower, and administrative affairs necessary for the operation of the Special Committee;
2. Matters concerning the arrangement of meetings of the Special Committee and the preparation of agenda items;
3. Matters concerning research and study on affairs related to the functions of the Special Committee;
4. Other matters requested by the Chairperson in relation to support for the affairs of the Special Committee.
 Article 3 (Establishment of Archives)
(1) The Presidential record creation institutions required to establish and operate archives pursuant to Article 9 of the Act shall be as follows: <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 20979, Aug. 27, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 28211, Jul. 26, 2017>
1. The Office of the President, the Office of National Security, and the Presidential Security Service;
2. The National Economic Advisory Council, the National Security Council, the Presidential Advisory Council on Science and Technology, and the National Unification Advisory Council;
3. Other Presidential Advisory Councils designated by the head of the Presidential Archives in consultation with the heads of Presidential record creation institutions where he/she deems the establishment of archives necessary.
(2) In principle, the archive of a Presidential record creation institution shall be established in the records management department: Provided, That the archive of a Presidential record creation institution under paragraph (1) 3 may be established in the department designated by the head of such institution.
 Article 4 (Timing for and Methods of Notification of Present Status of Creation)
(1) Pursuant to Article 10 (2) of the Act, the head of a Presidential record creation institution shall notify the head of the archive under his/her jurisdiction by May 31 each year, and the head of the archive shall notify the head of the central archives management institution established under Article 9 of the Act on the Management of Public Archives (hereinafter referred to as "central archives management institution") by August 31 each year, of the present status of the creation of Presidential records for the preceding year, respectively. <Amended by Presidential Decree No. 22321, Aug. 4, 2010>
(2) The present status of the creation of Presidential records referred to in paragraph (1) shall include a list specifying the department that has created the Presidential records, the year of creation, the function, the volume created for each function.
 Article 5 (Period of Transfer)
(1) The head of a Presidential record creation institution shall transfer Presidential records to the archive under his/her jurisdiction within two years from the commencement of the preservation period pursuant to the main sentence of Article 11 (1) of the Act after preservation in a handling division (hereinafter referred to as "handling division") defined in subparagraph 4 of Article 3 of the Regulations concerning Promotion of Administrative Efficiency and Collaboration: Provided, That where no office takes over affairs from the handling division of the Presidential record creation institution because it has been disbanded, he/she shall transfer the Presidential records to the archives under his/her jurisdiction without delay. <Amended by Presidential Decree No. 23383, Dec. 21, 2011; Presidential Decree No. 27103, Apr. 26, 2016>
(2) Notwithstanding paragraph (1), Presidential records created in the year in which the term of office of the President expires and in the year preceding it shall be transferred to the archive under the jurisdiction of the head of a Presidential record creation institution before the term of the President expires.
(3) Notwithstanding paragraph (1), where the record repositories under the main sentence of Article 9 (1) of the Act have not been established or it is necessary to frequently consult records, the head of a Presidential record creation institution may extend the period of the transfer of Presidential records until the end of the year before the year in which the term of office for President expires. <Newly Inserted by Presidential Decree No. 27345, Jul. 19, 2016>
(4) Where the head of a Presidential record creation institution intends to extend the period of the transfer of Presidential records pursuant to paragraph (3), he/she shall prepare and submit a list of files containing Presidential records the period of the transfer of which he/she intends to extend to the competent repository until the period of the transfer thereof under paragraph (1). <Newly Inserted by Presidential Decree No. 27345, Jul. 19, 2016>
(5) As soon as the term of office of the President commences, the heads of the archives of the Office of the President, the Office of National Security, and the Presidential Security Service shall, without delay, acquire the Presidential records created in relation to the official duties the President has performed as the President-elect to the archives thereof. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Act No. 24425, Mar. 23, 2013; Presidential Decree No. 28211, Jul. 26, 2017>
(6) When an acting President becomes disqualified from acting as President, he/she shall transfer Presidential records created in relation to the official duties he/she has performed as the acting President to the archives of the Office of the President, the Office of National Security, and the Presidential Security Service, without delay. <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 28211, Jul. 26, 2017>
(7) Where no institution takes over affairs from a Presidential record creation institution because it has been disbanded, the head of the Presidential record creation institution shall transfer the Presidential records it preserves to the archive under his/her jurisdiction or the central archives management institution without delay.
 Article 6 (Extension, etc. of Time to Transfer Records on Guard of President)
(1) Where the head of an institution guarding the President intends to extend the time for transfer of records regarding the guard of the President pursuant to Article 11 (2) of the Act, he/she shall request the head of the central archives management institution to grant an extension of the time to transfer records by no later than six months before the term of office of the President expires, specifying a list of the relevant Presidential records, the scheduled time for extension, grounds therefor, etc. <Amended by Presidential Decree No. 20741, Feb. 29, 2008>
(2) The head of the archives management institution requested to grant an extension of the time for transfer pursuant to paragraph (1) shall determine whether to grant such extension, the time for extension, etc. subject to deliberation by the Special Committee. <Amended by Presidential Decree No. 22009, Feb. 4, 2010>
 Article 7 (Reevaluation and Procedures for Destruction, etc.)
(1) Notwithstanding the latter part of Article 53 (1) of the Enforcement Decree of the Public Records Management Act, the head of Presidential Archives shall reevaluate the preservation value of Presidential records, of which preservation period has been classified as reserved pursuant to the former part of the aforesaid paragraph, every 30 years. <Amended by Presidential Decree No. 27345, Jul. 19, 2016>
(2) Where the head of a Presidential record creation institution sends a list of Presidential records subject to destruction to the head of the Presidential Archives pursuant to Article 13 (2) of the Act, he/she shall notify the major details of such list, his/her opinion on destruction, etc., with the list.
(3) The heads of Presidential record creation institutions and the head of the Presidential Archives shall destroy the list of Presidential records, the destruction of which has been determined pursuant to Article 13 (2) and (3) of the Act by melting or crushing them after publicly notifying the list for at least ten days, and irrecoverably delete the electronic Presidential records from the storage device.
 Article 8 (Formulation and Implementation of Security and Disaster Measures)
The heads of Presidential record creation institutions and the head of the Presidential Archives shall formulate and implement the following security and disaster measures for Presidential archives and preservation facilities:
1. Security measures to manage visitors, locking mechanisms, computer systems, etc.;
2. Disaster measures, such as priority in the evacuation of Presidential records and worker safety rules, where a disaster occurs due to fire, flooding, etc.;
 Article 9 (Procedures, etc. for Designation of Presidentially-designated Records)
(1) Where the head of a Presidential record creation institution deems that any Presidential record falls under any of the subparagraphs of Article 17 (1) of the Act, he/she shall give opinion on whether such Presidential record is required to be designated as presidentially-designated record and the designation of the period for protection thereof when he/she transfers the Presidential record to the archive under his/her jurisdiction pursuant to Article 5. <Amended by Presidential Decree No. 27345, Jul. 19, 2016>
(2) The President shall designate presidentially-designated records and determine the period for protection thereof, referring to the opinion given pursuant to paragraph (1), before he/she transfers Presidential records to the central archives management institution.
(3) The initial date of the period for protection under Article 17 (3) of the Act shall be the day after the date the term of office of the President ends.
 Article 10 (Methods and Procedures for Perusal, etc. of Presidentially-designated Records)
(1) Where the Speaker of the National Assembly requests perusal or duplication of presidentially-designated records, or submission of data (hereinafter referred to as "perusal, etc.") pursuant to Article 17 (4) 1 of the Act, he/she shall present to the head of the Presidential Archives, evidentiary documents attesting that at least two-thirds of the incumbent members of the National Assembly have approved such perusal, etc. and shall specify the relevant presidentially-designated records and method of perusal, etc. (which means perusal, duplication, or submission of data).
(2) Where the head of the competent high court issues a writ pursuant to Article 17 (4) 2 of the Act, he/she shall specify the relevant presidentially-designated records, method of perusal, etc. (which means perusal, duplication, or submission of data).
(3) Where the Speaker of the National Assembly makes a request under paragraph (1) or a writ issued by the head of the competent high court under paragraph (2) is produced, the head of the Presidential Archives shall allow the relevant perusal, etc. within ten days. In such cases, the method of perusal, etc. shall be as follows:
1. In cases of perusal, it shall be made at a special place designated by the head of the Presidential Archives;
2. In cases of duplication or the submission of data, in principle, the head of the Presidential Archives shall require an official approved pursuant to paragraph (4) to produce copies and an official he/she designates to deliver data in person.
(4) The head of the Presidential Archives shall grant approval for perusal, etc. to officials under his/her supervision only where necessary to conduct any of the following affairs: <Amended by Presidential Decree No. 25336, Apr. 29, 2014>
1. Transfer of Presidential records under Article 11 of the Act;
1-2. Affairs concerning the formulation and implementation of security and disaster measures for Presidential records under Article 15 of the Act;
2. Rescission of protective measures following the expiry of the period for protection under Article 17 (1) of the Act;
3. Affairs concerning the perusal or duplication of presidentially-designated records, or submission of data under Article 17 (4) 1 or 2 of the Act;
4. Rescission of protective measures under Article 17 (5) of the Act;
5. Provision of convenience necessary for perusal by the former President under Article 18 of the Act;
6. Affairs concerning inspection of the condition of presidentially-designated records and their storage media conducted because it is deemed necessary for the preservation and management of presidentially-designated records, or recovery or recording in storage media following inspection of the condition thereof.
(5) Where the head of the Presidential Archives grants approval for perusal, etc. to an official pursuant to paragraph (4), personally identifiable information, details of affairs he/she conducts, a place in which he/she conducts affairs, a future plan, etc. shall be included in the details of approval.
(6) Deleted. <by Presidential Decree No. 22009, Feb. 4, 2010>
 Article 10-2 (Perusal by Former Presidents)
(1) Where a former President intends to peruse Presidential records created during his/her term of office pursuant to Article 18 (1) of the Act, the head of the Presidential Archives shall provide him/her with a place and facilities for his/her exclusive use for perusal or other convenience for his/her perusal. In such cases, the place and facilities exclusively for his/her perusal shall be established in the Presidential Archives.
(2) A former President who intends to peruse Presidential records pursuant to paragraph (1) or an agent designated by him/her pursuant to Article 18 (2) of the Act (hereinafter referred to as "agent") shall submit an application for perusal prescribed by the head of the Presidential Archives. In such cases, the agent shall submit a deed of power of attorney to the head of the Presidential Archives.
(3) The perusal under paragraph (1) shall be made based on the following methods:
1. As for Presidential records retained or managed in an electronic form, peruse via a system prescribed by the head of the Presidential Archives;
2. As for Presidential records not retained or managed in an electronic form, peruse their copies.
(4) The head of the Presidential Archives shall destroy the copies of Presidential records perused by a former President or his/her agent pursuant to paragraph (3) 2 immediately after his/her perusal.
[This Article Newly Inserted by Presidential Decree No. 22321, Aug. 4, 2010]
 Article 10-3 (Online Perusal by Former Presidents)
(1) Where a former President requests online perusal under Article 18 (3) of the Act (hereinafter referred to as "online perusal"), the head of the Presidential Archives may install a private line, a personal computer for exclusive use for perusal, or other equipment necessary for online perusal (hereinafter referred to as "equipment for perusal"). In such cases, the place where the equipment for perusal is installed shall be limited to one place, either the private residence or the office of the former President, determined by the head of Presidential Archives in consultation with the former President. <Amended by Presidential Decree No. 27345, Jul. 19, 2016>
(2) Where the head of the Presidential Archives intends to install equipment for perusal, he/she shall consult on the management of such equipment for perusal, designation of an agent, other matters necessary for online perusal, etc. with the former President.
(3) Where the head of the Presidential Archives installs equipment for perusal to provide an online perusal service, he/she shall formulate and implement security measures to prevent the forgery, falsification, divulging of and damage to Presidential records, such as denying unauthorized access, prevention of attacks on a server, enhancement of user identification and authentication.
(4) In order to formulate and implement security measures under paragraph (3), the head of the Presidential Archives shall take security measures the safety of which has been confirmed by the Director of the National Intelligence Service pursuant to Article 56 (3) of the Electronic Government Act, and the Director of the National Intelligence Service may verify whether he/she has implemented such security measures.
(5) Where the former President who has made online perusal or his/her agent requests the head of Presidential Archives to provide a copy of the records he/she has read, the head of Presidential Archives shall provide a copy of the relevant records. <Newly Inserted by Presidential Decree No. 27345, Jul. 19, 2016>
[This Article Newly Inserted by Act No. 22321, Aug. 4, 2010]
 Article 11 (Declassification of Confidential Records and Extension, etc. of Period for Protection)
(1) When the period for protection of confidential records expires, the head of the Presidential Archives shall declassify such records by December 31 of the year in which the date the period for protection expires, after deliberation by the Special Committee, pursuant to Article 20 (1) of the Act. <Amended by Presidential Decree No. 22009, Feb. 4, 2010>
(2) Notwithstanding paragraph (1), after deliberation by the Special Committee, the head of the Presidential Archives may extend the period for protection of confidential records the continued protection of which is deemed to be required, before the expiry of the period for protection. In such cases, the head of the Presidential Archives shall, every five years from the date he/she grants an extension of the period for protection, determine whether to extend the period for protection, subject to deliberation by the Special Committee. <Amended by Presidential Decree No. 22009, Feb. 4, 2010>
(3) Notwithstanding paragraphs (1) and (2), the head of the Presidential Archives shall reclassify confidential records the period for protection of which exceeds 30 years by December 31 of the year in which the date 30 years passes from the date of the first determination of the period for protection, after deliberation by the Special Committee. In such cases, none of the following records shall be declassified: <Amended by Presidential Decree No. 22009, Feb. 4, 2010>
1. Effective wartime plans or contingency plans;
2. Matters that may critically risk national security, such as national defense, foreign affairs, or reunification;
3. Matters concerning sources, means or techniques of intelligence activities including identity information;
4. Matters concerning national encryption systems;
5. Matters that could violate any Act, treaty or international agreement due to their declassification.
(4) The head of the Presidential Archives shall re-designate the period for protection of records not declassified pursuant to the latter part of paragraph (3) after deliberation by the Special Committee. In such cases, the head of the Presidential Archives shall, every five years from the date he/she re-designates the period for protection, determine whether to declassify such confidential records or to extend the protection period following deliberation by the Special Committee. <Amended by Presidential Decree No. 22009, Feb. 4, 2010>
 Article 12 (Matters concerning Operation of Presidential Archives, etc.)
(1) Where the head of the Presidential Archives establishes an exhibition hall, library, research support center, etc. pursuant to Article 24 (2) of the Act, he/she may provide diverse exhibition and educational programs, research and utilize Presidential records via exchanges with domestic and overseas agencies related to the management of Presidential records, or support such activities.
(2) When the head of the Presidential Archives acquires Presidential records and arranges them in a stack room pursuant to Article 11 (1) of the Act, he/she shall arrange them according to classification by President, form of records, source, etc.
(3) Where the head of the Presidential Archives operates an exhibition hall, etc. pursuant to paragraph (1), he/she may arrange a different exhibition space, etc. according to the volume of the former Presidential records transferred, collected, and/or donated.
(4) The head of the Presidential Archives shall preserve and manage electronic Presidential records in a separate storage place and shall preserve and manage non-electronic Presidential records in a separate exclusive stack room, facilities, etc.
(5) Where a meeting of the Special Committee is held, the head of the Presidential Archives shall report the present status of major affairs of the Presidential Archives to the Special Committee. <Amended by Presidential Decree No. 22009, Feb. 4, 2010>
(6) The head of the Presidential Archives shall formulate and implement a detailed operational plan to operate the Presidential Archives efficiently.
 Article 13 (Standards for Construction of Facilities of Individual Presidential Libraries, etc.)
"Standards prescribed by Presidential Decree" in Article 25 (2) of the Act shall be as follows:
1. The total area of a building to be constructed shall be at least 3,000 square meters, but not exceed 5,000 square meters;
2. The location of a site for a building to be constructed shall not be either of the following:
(a) A flood-prone area;
(b) A fire or explosion-vulnerable area;
3. Facilities, equipment, etc. shall meet the standards for facilities, equipment, and environment of the permanent records management agency provided in attached Table 6 of the Enforcement Decree of the Act on the Management of Public Archives.
 Article 14 (Preservation, Restoration, etc. of Private Records)
(1) The head of Presidential Archives shall continuously inspect the management conditions of private records collected and managed pursuant to Article 26 of the Act lest such private records should be destroyed or damaged, and where necessary, he/she may preserve or restore the relevant private records.
(2) The head of Presidential Archives may reprint or reproduce copies of private records which are highly worth preserving among the private records collected and managed pursuant to Article 26 of the Act.
(3) Where the head of Presidential Archives intends to preserve, restore, reprint or reproduce copies of private records pursuant to paragraph (1) or (2), he/she shall obtain consent from the owner of private records whose ownership has not been transferred to the Presidential Archives.
[This Article Newly Inserted by Presidential Decree No. 27345, Jul. 19, 2016]
 Article 15 (Criteria for Compensation for Private Records)
(1) Where the relevant President and an interested person request compensation for collection in the process of collecting private records pursuant to Article 26 (3) of the Act, the head of the Presidential Archives shall entrust price appraisal to at least two professional appraisers in the related field. In such cases, he/she may select one professional appraiser recommended by such President or interested person.
(2) The head of the Presidential Archives shall calculate the amount of compensation based on the arithmetic mean value of the appraisal conducted by each professional appraiser and determine the amount of compensation after deliberation by the Special Committee. <Amended by Presidential Decree No. 22009, Feb. 4, 2010>
(3) Where no professional appraiser under paragraph (1) is available, the head of the Presidential Archives determines the amount of compensation after deliberation by the Special Committee. <Amended by Presidential Decree No. 22009, Feb. 4, 2010>
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on July 28, 2007.
Article 2 (Special Cases concerning Expenses Incurred in Maintaining and Preserving Presidential Records before this Act Enters into Force)
Where an owner of manager of Presidential records under Article 3 (1) of Addenda of the Act requests the payment of expenses incurred in purchasing and maintaining facilities and equipment used for the management of such Presidential records, labor cost, etc., the head of the Presidential Archives may reimburse such expenses within budgetary limits pursuant to Article 3 (2) of Addenda of the Act.
Article 3 (Transitional Measures concerning Management, etc. of Presidential Gifts)
The head of the central archives management institution shall acquire and manage Presidential gifts managed by the Minister of Culture and Tourism as at the time this Decree enters into force, as the authority over the management of Presidential gifts is transferred to the head of the central archives management institution pursuant to Article 27 of the Act.
Article 4 Omitted.
ADDENDA <Presidential Decree No. 20741, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 20979, Aug. 27, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 6, 2008.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 22009, Feb. 4, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 22321, Aug. 4, 2010>
This Decree shall enter into force on August 5, 2010.
ADDENDA <Presidential Decree No. 23383, Dec. 21, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 24425, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, that, of those Presidential Decrees amended pursuant to Article 6 of these Addenda, the amended parts of the Presidential Decree which have been promulgated before this Decree enters into force but the enforcement date of which has yet to arrive, shall enter into force on the date the relevant Presidential Decree enters into force, respectively.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 25336, Apr. 29, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27103, Apr. 26, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 27345, Jul. 19, 2016>
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: Provided, That Presidential Decrees amended by Article 8 of the Addenda, which were promulgated before this Decree enters into force but the enforcement dates of which have not arrived yet, shall enter into force on the enforcement date of the respective Decrees.
Articles 2 through 8 Omitted.