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PRESIDENTIAL TRANSITION ACT

Act No. 6854, Feb. 4, 2003

Amended by Act No. 7614, Jul. 28, 2005

Act No. 8852, Feb. 29, 2008

Act No. 11490, Oct. 22, 2012

Act No. 11690, Mar. 23, 2013

Act No. 12844, Nov. 19, 2014

Act No. 14615, Mar. 21, 2017

Act No. 14839, Jul. 26, 2017

 Article 1 (Purpose)
The purpose of this Act is to promote continuity and stability in the administration of State affairs, by clarifying the position and authority of the President-elect and by prescribing matters necessary for smooth transition of presidency.
[This Article Wholly Amended by Act No. 11490, Oct. 22, 2012]
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term "President-elect" means a person decided as the elected person in accordance with Article 67 of the Constitution of the Republic of Korea and Article 187 of the Public Official Election Act;
2. The term "presidency" means the office bestowed upon the President of the Republic of Korea in accordance with the Constitution of the Republic of Korea.
[This Article Wholly Amended by Act No. 11490, Oct. 22, 2012]
 Article 3 (Position and Powers of President-Elect)
(1) The President-elect shall hold the position from the time he/she is decided as the President-elect until the day immediately preceding the commencement date of the presidential term.
(2) The President-elect shall have the powers necessary for transition of presidency as prescribed in this Act.
[This Article Wholly Amended by Act No. 11490, Oct. 22, 2012]
 Article 4 (Honorary Treatment)
The President-elect and his/her spouse may be provided with honorary treatment as follows:
1. Support such as provision of means of transportation and telecommunications, office space, etc. to the President-elect;
2. Medical care for the President-elect and his/her spouse;
3. Other honorary treatment for the President-elect as necessary.
[This Article Wholly Amended by Act No. 11490, Oct. 22, 2012]
 Article 5 (Nomination, etc. of Candidate for Prime Minister)
(1) The President-elect may nominate candidates for the Prime Minister and the members of the State Council so that they can undergo personnel hearings by the National Assembly before commencement of the presidential term. In such cases, for the candidates for the members of the State Council, there shall be a recommendation from the candidate for the Prime Minister.
(2) Where the President-elect nominates the candidates for the Prime Minister and the members of the State Council pursuant to paragraph (1), he/she shall request the Speaker of the National Assembly to hold the personnel hearings under Article 65-2 of the National Assembly Act and the Personnel Hearing Act.
(3) If necessary for nominating candidates for the Prime Minister and the members of the State Council pursuant to paragraph (1), the President-elect may request the head of a central personnel management agency provided for in Article 6 of the State Public Officials Act, to allow personnel records and personnel management system to be perused or utilized. In such cases, the head of the central personnel management agency, in receipt of such request, shall comply with such request unless otherwise expressly provided by other statutes. <Newly Inserted by Act No. 14615, Mar. 21, 2017>
[This Article Wholly Act No. 11490, Oct. 22, 2012]
 Article 6 (Establishment of Presidential Transition Committee and Period of Continuance)
(1) The Presidential Transition Committee (hereinafter referred to as the "Committee") shall be established to assist the President-elect in carrying out affairs relevant to transition of presidency.
(2) The Committee shall remain in existence until any days falling within a 30-day period following the commencement date of the presidential term.
[This Article Wholly Amended by Act No. 11490, Oct. 22, 2012]
 Article 7 (Duties)
The Committee shall perform the following duties: <Amended by Act No. 14615, Mar. 21, 2017>
1. Ascertainment of governmental organization, functions and budget status;
2. Preparation to establish policy paradigms for the new adminstration;
3. Preparation for presidential inauguration ceremonies and other relevant affairs;
4. Vetting the candidates for the Prime Minister and the members of the State Council;
5. Other matters necessary for transition of presidency.
[This Article Wholly Amended by Act No. 11490, Oct. 22, 2012]
 Article 8 (Composition, etc. of Committee)
(1) The Committee shall be comprised of one chairperson, one vice chairperson and no more than 24 Committee members.
(2) The office of the chairperson, the vice chairperson and the Committee members shall be an honorary position and shall be appointed by the President-elect.
(3) The chairperson shall assist the President-elect, have overall control over the Committee's affairs, and direct and supervise the Committee's staff members.
(4) Where the chairperson is unable to perform his/her duties due to inevitable reasons, a person designated by the President-elect shall act on behalf of the chairperson.
[This Article Wholly Amended by Act No. 11490, Oct. 22, 2012]
 Article 9 (Committee's Staff Members)
(1) The Committee may hire staff members such as expert advisors and clerical workers for efficient performance of the duties of the Committee.
(2) When deemed necessary by the chairperson for performance of the duties of the Committee, he/she may request the head of a relevant agency to allow its employees to work for the Committee on a dispatched basis as staff members such as expert advisors and clerical workers, with consent of the head of the agency to which they belong, and the head of the relevant agency in receipt of such request shall comply therewith unless extraordinary circumstances exist.
[This Article Wholly Amended by Act No. 11490, Oct. 22, 2012]
 Article 10 (Grounds for Disqualification for Committee Members, Etc.)
No person who falls under any subparagraph of Article 33 of the State Public Officials Act shall become the chairperson, the vice chairperson, a Committee member or a staff member of the Committee.
[This Article Wholly Amended by Act No. 11490, Oct. 22, 2012]
 Article 11 (Budget and Operation, etc. of Committee)
Matters necessary for budgets, staff members and operation, etc. of the Committee, other than those prescribed under this Act, shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11490, Oct. 22, 2012]
 Article 12 (Cooperation, Etc. for Activities of Committee)
(1) The Minister of the Interior and Safety shall provide support for Committee's activities to ensure smooth operation of the Committee. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) The head of a relevant agency shall provide the cooperation necessary for efficient operation of the Committee, such as submission of materials, information or opinions and securing of budgets.
[This Article Wholly Amended by Act No. 11490, Oct. 22, 2012]
 Article 13 (Full Dedication of Staff Members to Duties)
The Committee's staff members shall fully dedicate themselves to the duties of the Committee.
[This Article Wholly Amended by Act No. 11490, Oct. 22, 2012]
 Article 14 (No Divulgence of Confidential Information and Abuse of Authority)
No person who serves or has served as the chairperson, the vice chairperson, a Committee member or a staff member of the Committee shall divulge any confidential information obtained in connection with his/her duties to any other person, use such information for any purposes other than transition of presidency or abuse his/her authority.
[This Article Wholly Amended by Act No. 11490, Oct. 22, 2012]
 Article 15 (Statutory Treatment as Public Officials for Application of Penal Provisons)
Non-public officials who serve or have served as the chairperson, the vice chairperson, a Committee member or a staff member of the Committee shall be deemed public officials for the purpose of application of penal provisions under the Criminal Act or any other laws in connection with the duties of the Committee.
[This Article Wholly Amended by Act No. 11490, Oct. 22, 2012]
 Article 16 (Publication of White Paper)
The Committee shall prepare a white paper with regard to the progress of its activities and the details of budget execution and shall disclose it within 30 days from termination of its activities.
[This Article Wholly Amended by Act No. 11490, Oct. 22, 2012]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measure concerning Establishment of Committee)
The Presidential Transition Committee established pursuant to the former Act and subordinate statutes as at the time this Act enters into force shall be deemed established pursuant to this Act.
Article 3 Omitted.
ADDENDA <Act No. 7614, Jul. 28, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 11490, Oct. 22, 2012>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the provisions amending Acts that were promulgated before this Act enters into force but have yet to enter into force, among the Acts amended pursuant to Article 6 of the Addenda, shall enter into force on the respective date the relevant Act enters into force.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 14615, Mar. 21, 2017>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended pursuant to Article 5 of this Addenda, amended parts of the Acts which were promulgated before this Act enters into force but the enforcement dates of which have not arrived, shall enter into force on the enforcement date of the relevant Act, respectively.
Articles 2 through 6 Omitted.