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INDEPENDENCE HALL OF KOREA ACT

Act No. 3820, May 9, 1986

Amended by Act No. 4183, Dec. 30, 1989

Act No. 4541, Mar. 6, 1993

Act No. 6128, Jan. 12, 2000

Act No. 6903, May 29, 2003

Act No. 7495, May 18, 2005

Act No. 8536, Jul. 19, 2007

Act No. 9343, Jan. 7, 2009

Act No. 10630, May 19, 2011

 Article 1 (Purpose)
The purpose of this Act is to contribute to establishing Korean cultural identity, inculcating the spirit of nationalism in the Korean people's hearts, and fostering a sense of national consciousness, by establishing the Independence Hall of Korea where materials relating to the history of overcoming national crises and bolstering national development by the Korean people, who have maintained their autonomy and independence despite the myriad acts of aggression by foreign forces, are gathered, preserved, exhibited, investigated, and researched.
[This Article Wholly Amended by Act No. 9343, Jan. 7, 2009]
 Article 2 (Legal Personality)
The Independence Hall of Korea shall be a legal entity.
[This Article Wholly Amended by Act No. 9343, Jan. 7, 2009]
 Article 3 (Establishment)
The Independence Hall of Korea shall come into existence by registering its incorporation with a court which has jurisdiction over the location of its principal office.
[This Article Wholly Amended by Act No. 9343, Jan. 7, 2009]
 Article 4 (Office)
The location of the principal office of the Independence Hall of Korea shall be determined by its articles of incorporation.
[This Article Wholly Amended by Act No. 9343, Jan. 7, 2009]
 Article 5 (Articles of Incorporation)
(1) The articles of incorporation of the Independence Hall of Korea shall include the following matters:
1. Purpose;
2. Name;
3. Place where its principal office is to be located;
4. Matters relating to functions and the fulfillment thereof;
5. Matters relating to organization;
6. Matters relating to officers and employees;
7. Matters relating to the operation of the Board of Directors;
8. Matters relating to assets and accounting;
9. Matters relating to amendments to the articles of incorporation;
10. Matters relating to public announcements.
(2) Any amendment to the articles of incorporation of the Independence Hall of Korea shall be subject to authorization by the Minister of Patriots and Veterans Affairs.
[This Article Wholly Amended by Act No. 9343, Jan. 7, 2009]
 Article 6 (Functions)
(1) The Independence Hall of Korea shall perform the following functions so as to attain the purpose of Article 1:
1. Gathering, preservation, administration and exhibition of the materials held by the Independence Hall of Korea;
2. Investigation and research of the materials of the Independence Hall of Korea;
3. Educational programs to awaken the spirit of nationalism and foster a sense of national consciousness in the Korean people's hearts;
4. Publicity of materials held by the Independence Hall of Korea and the production and distribution of various publications necessary for such publicity;
5. Administration and enlargement of facilities in the Independence Hall of Korea;
6. Activities to raise funds for operation of the Independence Hall of Korea;
7. Other activities incidental to those provided for in subparagraphs 1 through 6.
(2) The term "materials held by the Independence Hall of Korea" as used in paragraph (1) 1, 2 and 4 means materials of academic and historical value which are gathered, preserved, administered, and exhibited by the Independence Hall of Korea for the purposes of displaying the nation's turbulent history of overcoming national crises and bolstering national development.
[This Article Wholly Amended by Act No. 9343, Jan. 7, 2009]
 Article 7 (Officers)
(1) The Independence Hall of Korea shall have not more than fifteen directors including one President and one auditor.
(2) The President shall be appointed by the President of the Republic of Korea with the recommendation of the Minister of Patriots and Veterans Affairs, from among two or more persons recommended by the Officer Recommendation Committee established in the Independence Hall of Korea pursuant to Article 29 of the Act on the Management of Public Institutions (hereinafter referred to as the "Officer Recommendation Committee").
(3) The directors, other than the President, shall be assumed by a person provided for in each of the following subparagraphs:
1. The President of the Korea Liberation Association established pursuant to the Act on the Establishment of Associations by Persons, etc. of Distinguished Services;
2. The director-general of the burial and commemoration bureau of the Ministry of Patriots and Veterans Affairs;
3. Four National Assembly members designated by the Speaker of the National Assembly;
4. Not more than eight persons appointed by the Minister of Patriots and Veterans Affairs from among two or more persons who are recommended by the Officer Recommendation Committee and go through the deliberation and resolution by the Committee for Management of Public Institutions pursuant to Article 8 of the Act on the Management of Public Institutions (hereinafter referred to as the "Committee for Management of Public Institutions").
(4) The auditor shall be appointed by the President of the Republic of Korea with the recommendation of the Minister of Strategy and Finance from among two or more personas who are recommended by the Officer Recommendation Committee and go through the deliberation and resolution by the Committee for Management of Public Institutions.
(5) Officers other than the President shall be non-standing.
[This Article Wholly Amended by Act No. 9343, Jan. 7, 2009]
 Article 8 (Terms of Office of Officers)
The term of office of the President shall be three years and the terms of office of the directors and auditor shall be two years, and their renewable term of office is one year: Provided, That the term of office of a director who falls under any of Article 7 (3) 1 and 2 shall be a period for which he/she holds the relevant position.
[This Article Wholly Amended by Act No. 9343, Jan. 7, 2009]
 Article 9 (Officers' Duties)
(1) The President shall represent the Independence Hall of Korea and exercise general control over the affairs thereof.
(2) If the President is not able to carry out his/her duties owing to unavoidable circumstances, an officer in the order determined by the articles of incorporation shall act for the President.
(3) The directors shall attend meetings of the Board of Directors to deliberate on the matters submitted thereto.
(4) The auditor shall audit the matters relating to the affairs and accounting of the Independence Hall of Korea.
[This Article Wholly Amended by Act No. 9343, Jan. 7, 2009]
 Article 10 (Grounds for Disqualification of Officers)
(1) Any person who falls under any of the following subparagraphs shall be disqualified from holding the office of officer of the Independence Hall of Korea:
1. A person who falls under any subparagraph of Article 33 of the State Public Officials Act;
2. A person for whom three years have not yet elapsed after being dismissed pursuant to Article 22 (1), 35 (2) and (3), 36 (2) or 48 (6) of the Act on the Management of Public Institutions.
(2) If an officer is found to fall under, or have fallen under at the time of his/her appointment, any subparagraph of paragraph (1), he/she shall retire from office.
(3) No act in which an officer retired pursuant to paragraph (2) participated while in office shall lose its effect.
[This Article Wholly Amended by Act No. 9343, Jan. 7, 2009]
 Article 11 (Board of Directors)
(1) The Board of Directors shall be established in the Independence Hall of Korea to deliberate and resolve important matters relating to the affairs of the Independence Hall of Korea.
(2) The Board of Directors shall be comprised of directors including the chairperson.
(3) The office of the chairperson of the Board of Directors shall be assumed by the President, and if the chairperson of the Board of Directors is not able to carry out his/her duties owing to unavoidable circumstances, a senior non-standing director elected by mutual vote among non-standing directors shall act for the chairperson.
(4) Meetings of the Board of Directors shall be convened at the request of the chairperson of the Board of Directors or of not less than one-third of the directors then in office, and the chairperson of the Board of Directors shall preside over such meetings.
(5) The Board of Directors shall pass a resolution with the concurrent vote of a majority of the registered directors.
(6) The auditor may attend meetings of the Board of Directors to present his/her opinions.
[This Article Wholly Amended by Act No. 9343, Jan. 7, 2009]
 Article 12 (Secretariat)
(1) A secretariat shall be established in the Independence Hall of Korea to handle the affairs of the Independence Hall of Korea.
(2) Matters relating to the secretariat shall be determined by the articles of incorporation.
[This Article Wholly Amended by Act No. 9343, Jan. 7, 2009]
 Article 12-2 (The Institute of Korean Independence Movement Studies)
(1) The Institute of Korean Independence Movement Studies (hereinafter referred to as the "Institute") shall be established within the Independence Hall of Korea to investigate materials and perform research and academic activities relating to the history of independence movement of the Korean people.
(2) Matters related to the Institute shall be prescribed by the articles of incorporation.
[This Article Newly Inserted by Act No. 10630, May 19, 2011]
 Article 13 (Subsidies and Contributions)
(1) The State and local governments may provide the Independence Hall of Korea with funds, within budgetary limits, to cover expenses incurred for the execution of affairs thereof.
(2) Any individual, corporation, or organization may contribute or donate money or other property to the Independence Hall of Korea to assist the Independence Hall of Korea in its affairs.
[This Article Wholly Amended by Act No. 9343, Jan. 7, 2009]
 Article 14 (Gratuitous Transfer, etc. of State or Public Property)
The State or local governments may provide or lend State or public property, or entrust the management thereof, to the Independence Hall of Korea gratuitously, notwithstanding the provisions of the State Property Act or the Public Property and Commodity Management Act, if necessary for the establishment and operation of the facilities of the Independence Hall of Korea.
[This Article Wholly Amended by Act No. 9343, Jan. 7, 2009]
 Article 15 (Admission Fees and Charges)
(1) Admission to the Independence Hall of Korea shall be free.
(2) The Independence Hall of Korea may collect charges for the materials or facilities thereof.
[This Article Wholly Amended by Act No. 9343, Jan. 7, 2009]
 Article 16 (Fiscal Year)
The fiscal year of the Independence Hall of Korea shall be the same as the fiscal year of the Government.
[This Article Wholly Amended by Act No. 9343, Jan. 7, 2009]
 Article 17 (Loans)
Long-term borrowings by the Independence Hall of Korea shall be subject to approval of the Minister of Patriots and Veterans Affairs.
[This Article Wholly Amended by Act No. 9343, Jan. 7, 2009]
 Article 18 (Compilation, etc. of Budget)
(1) The President shall draw up a draft budget for the following fiscal year, every fiscal year, according to the management objectives established in compliance with Article 46 of the Act on the Management of Public Institutions and the management guidelines notified pursuant to Article 50 of the same Act, and finalize it subject to the resolution of the Board of Directors with approval of the Minister of Patriots and Veterans Affairs, before the year in which the fiscal year begins. The same shall also apply to any amendment to the budget.
(2) The President shall, upon finalization of the budget under paragraph (1), immediately develop an operational plan consistent with the relevant fiscal year's budget subject to the resolution of the Board of Directors, and submit the operational plan to the Minister of Patriots and Veterans Affairs within two months after the finalization of the budget. The same shall also apply to any amendment to the operational plan following any changes to the budget.
[This Article Wholly Amended by Act No. 9343, Jan. 7, 2009]
 Article 19 (Submission of Statement of Accounts)
(1) The Independence Hall of Korea shall, upon closing of a fiscal year, immediately prepare a statement of accounts for the relevant fiscal year and designate either a certified public accountant or an accounting corporation established pursuant to Article 23 of the Certified Public Accountant Act (hereinafter referred to as "accounting corporation") to undergo an accounting audit, as prescribed by the Board of Audit and Inspection Rules.
(2) The Independence Hall of Korea shall, within two months after the closing of each fiscal year, submit to the Minister of Patriots and Veterans Affairs a statement of accounts referred to in paragraph (1) along with the following documents and finalize the statement of accounts with approval of the said Minister:
1. Financial statements (including a written opinion on audit presented by a certified public accountant or an accounting corporation) and the supplementary documents;
2. Other documents necessary to clarify the details of the settlement of accounts.
[This Article Wholly Amended by Act No. 9343, Jan. 7, 2009]
 Article 20 (Request for Furnishing of Materials)
(1) The Independence Hall of Korea may request the inspection, reproduction or lending of materials from a State agency, local government, educational institution, research institute or other related person, or entrust such entity or person with the exhibition of materials.
(2) Upon receipt of a request pursuant to paragraph (1), any person shall cooperate with such request, except in extenuating circumstances.
[This Article Wholly Amended by Act No. 9343, Jan. 7, 2009]
 Article 21 (Guidance and Supervision)
(1) The Minister of Patriots and Veterans Affairs shall guide and supervise the activities of the Independence Hall of Korea as enumerated in Article 6 (1).
(2) The Minister of Patriots and Veterans Affairs may direct the Independence Hall of Korea to make necessary reports required by its business activities, accounting and property or order public officials under his/her control to inspect books, documents and other things of the Independence Hall of Korea.
[This Article Wholly Amended by Act No. 9343, Jan. 7, 2009]
 Article 21-2 (Preservation of Surrounding Scenery)
In granting permission to a building scheduled to be constructed in the area neighboring the Independence Hall of Korea, which is located within the bounds prescribed by Municipal Ordinance of a local government, the head of the local government shall take appropriate measures to preserve the surrounding scenery.
[This Article Wholly Amended by Act No. 9343, Jan. 7, 2009]
 Article 22 (Application Mutatis Mutandis of the Civil Act )
Except as provided for in this Act and the Act on the Management of Public Institutions, the provisions of the Civil Act regarding incorporated foundations shall apply mutatis mutandis to the Independence Hall of Korea.
[This Article Wholly Amended by Act No. 9343, Jan. 7, 2009]
ADDENDA<Act No. 3820, May 9, 1986>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Preparation for Establishment)
(1) The Promotion Committee on Establishment of the Independence Hall of Korea (hereinafter referred to as the "Committee"), which is an incorporated foundation, shall draw up the articles of incorporation referred to in Article 5 and obtain authorization therefor from the Minister of Culture and Information, within two months after the enforcement date of this Act.
(2) Upon obtaining authorization for the articles of incorporation under paragraph (1), the Committee shall register the incorporation of the Independence Hall of Korea pursuant to Article 3.
(3) Upon completion of the registration for establishment of the Independence Hall of Korea, the Committee shall promptly transfer the duties of the Committee to the President.
(4) The Committee shall be deemed dissolved at a time when its duties are transferred pursuant to paragraph (3), notwithstanding the provisions of the Civil Act concerning the dissolution and liquidation of juristic person.
Article 3 (Succession to Rights, Duties and Property)
The Independence Hall of Korea shall universally succeed to all rights, duties and property of the Committee as of the date the establishment thereof is registered.
Article 4 (Special Cases concerning Commencement Date of Term of Office for Officer)
The initial date for reckoning the term of office for an officer who is appointed on or after the enforcement date of this Act shall be the date the establishment of the Independence Hall of Korea is registered.
Article 5 (Special Cases concerning Submission of Business Plan, etc.)
The business plan and budget bill for a fiscal year whereto the enforcement date of this Act belongs shall be submitted to the Minister of Culture and Information within two months after the date of registration for the establishment of the Independence Hall of Korea, notwithstanding the provisions of Article 18.
ADDENDA<Act No. 4183, Dec. 30, 1989>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA<Act No. 4541, Mar. 6, 1993>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA<Act No. 6128, Jan. 12, 2000>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Applicability to Term of Office of Auditor) The amended provisions of Article 8 (1) shall begin to apply to an auditor in office on or after this Act enters into force.
ADDENDA<Act No. 6903, May 29, 2003>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Auditor) An auditor under the former provisions, at the time this Act enters into force, shall be deemed to have been appointed as an auditor under the amended provisions of Article 7 (5), and the term of office for such auditor shall be until his/her term of office expires under the former provisions.
ADDENDUM<Act No. 7495, May 18, 2005>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 8536, Jul. 19, 2007>
This Act shall enter into force on January 1, 2008.
ADDENDUM<Act No. 9343, Jan. 7, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 10630, May 19, 2011>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning the Institute of Korean Independence Movement Studies) The Institute of Korean Independence Movement Studies established under the former articles of incorporation at the time this Act enters into force shall be deemed the Institute of Korean Independence Movement Studies established under this Act.