ACT ON THE APPOINTMENT AND POWERS OF GOVERNMENT DELEGATES AND SPECIAL ENVOYS
Act No. 1081, May 31, 1962
Amended by Act No. 1549, Dec. 16, 1963
Act No. 3758, Dec. 31, 1984
Act No. 8852, Feb. 29, 2008
Act No. 10308, May 20, 2010
Act No. 11687, Mar. 23, 2013
The purpose of this Act is to provide for the appointment and authority of those who have power, for particular purposes, to negotiate with foreign governments or international organizations, to attend international conferences, or to sign or initial treaties on behalf of the Government (hereinafter referred to as "Government delegate") and of those who have power to attend important ceremonies held in foreign countries, to convey the positions and ideas of the Government to foreign governments or international organizations, to negotiate with foreign governments or international organizations, or to attend international conferences for particular purposes (hereinafter referred to as "special envoy"), and other necessary matters therefor.
[This Article Wholly Amended by Act No. 10308, May 20, 2010]
| Article 2 (Representation of Government) |
Except as provided for in this Act or other Acts, no person shall conduct acts specified in Article 1 on behalf of the Government. [This Article Wholly Amended by Act No. 10308, May 20, 2010]
| Article 3 (Minister of Foreign Affairs) |
The Minister of Foreign Affairs shall represent the Government in negotiating with foreign governments or international organizations, attending international conferences, or signing or initialing treaties. <Amended by Act No. 11687, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10308, May 20, 2010]
| Article 4 (Heads of Diplomatic Missions Abroad) |
A head of diplomatic mission abroad of the Republic of Korea, who is an ambassador extraordinary and plenipotentiary, or an envoy extraordinary and minister plenipotentiary, shall be the Government delegate in negotiations with foreign governments or international organizations which have received his/her credentials.
[This Article Wholly Amended by Act No. 10308, May 20, 2010]
| Article 5 (Appointment of Government Delegates, etc.) |
| (1) | Except as provided for in Articles 3 and 4, a Government delegate shall be appointed by the Minister of Foreign Affairs: Provided, That the government delegate who negotiates with foreign governments or international organizations about important matters, attends important international conferences, or signs or initials important treaties, shall be appointed by the President through the Prime Minister upon the recommendation of the Minister of Foreign Affairs. <Amended by Act No. 11687, Mar. 23, 2013> |
| (2) | A special envoy shall be appointed by the President through the Prime Minister upon the recommendation of the Minister of Foreign Affairs. <Amended by Act No. 11687, Mar. 23, 2013> |
| (3) | Full power or credentials granted to a Government delegate appointed in accordance with the main sentence of paragraph (1), shall be signed by the Minister of Foreign Affairs, and full power or credentials granted to a Government delegate or a special envoy appointed in accordance with the proviso to paragraph (1), or with paragraph (2), shall be signed by the President and countersigned by the Prime Minister and the Minister of Foreign Affairs: Provided, That they may be signed by the Minister of Foreign Affairs according to international practices. <Amended by Act No. 11687, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 10308, May 20, 2010]
| Article 5-2 (Designation of External Official Titles) |
If deemed necessary, the President may designate an external official title of ambassador extraordinary and plenipotentiary or of ambassador for a Government delegate or a special envoy after the deliberation by the State Council upon the recommendation of the Minister of Foreign Affairs. <Amended by Act No. 11687, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10308, May 20, 2010]
| Article 6 (Direction and Supervision by Government) |
Diplomatic negotiations proceeded by a Government delegate shall be directed and supervised by the Minister of Foreign Affairs. The opinions of the Minister of Foreign Affairs shall also be heard with respect to the works in connection with economic coordination with foreign countries or international economic institutions in the Republic of Korea. <Amended by Act No. 11687, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10308, May 20, 2010]
| Article 7 (Chief Government Delegates, etc.) |
| (1) | Where two or more Government delegates or special envoys are appointed, the order of rank for them shall be decided, and a chief Government delegate or chief special envoy shall be nominated. |
| (2) | A chief Government delegate or chief special envoy shall direct and supervise other delegates or special envoys and shall represent the Government delegation or special mission, respectively. |
[This Article Wholly Amended by Act No. 10308, May 20, 2010]
| Article 8 (Execution of Duties by Proxy) |
When a chief Government delegate or chief special envoy is unable to conduct his/her duties due to unavoidable causes, the person next to him/her in rank shall execute the duties on his/her behalf.
[This Article Wholly Amended by Act No. 10308, May 20, 2010]
If deemed necessary, the Minister of Foreign Affairs shall appoint advisors, specialists, assistants, or other suites to have them assist the Government delegates or special envoys. <Amended by Act No. 11687, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10308, May 20, 2010]
| (1) | Except as particularly provided for in any other Acts, a Government delegate or special envoy and his/her suite shall be released from office as at the time his/her mission is complete. |
| (2) | When a Government delegate or special envoy designated with an external official title of ambassador extraordinary and plenipotentiary or of ambassador in accordance with Article 5-2 is released from office pursuant to paragraph (1), the designation of the external official title of ambassador extraordinary and plenipotentiary or ambassador shall lose its validity. |
[This Article Wholly Amended by Act No. 10308, May 20, 2010]
| Article 11 (Special Cases concerning Appointment of Government Delegates for Negotiation to Conclude Commercial Treaties) |
| 1. | In cases referred to in the main sentence of Article 5 (1), government delegates shall be appointed by the Minister of Foreign Affairs upon the request of the Minister of Trade, Industry and Energy; |
| 2. | In cases referred to in the proviso to Article 5 (1), government delegates shall be appointed by the President through the Prime Minister upon the request of the Minister of Trade, Industry and Energy. |
| (2) | Notwithstanding the Article 5 (3), full power or credentials granted to Government delegates appointed pursuant to the paragraph (1) 2 shall be signed by the President and countersigned by the Prime Minister and the Minister of Foreign Affairs. In such cases, they may be signed by the Minister of Foreign Affairs according to international practices. |
| (3) | Notwithstanding the former part of Article 6, trade negotiations proceeded by the Government delegates appointed under paragraph (1) shall be directed and supervised by the Minister of Trade, Industry and Energy. In such cases, he/she shall notify the Minister of Foreign Affairs of the details of direction and supervision for such negotiations in advance. |
| (4) | Where the Minister of Trade, Industry and Energy intends to agree on the draft of a commercial treaty, or initial such a treaty, he/she shall hear opinions of the Minister of Foreign Affairs in advance. |
[This Article Newly Inserted by Act No. 11687, Mar. 23, 2013]
ADDENDA
| (1) | This Act shall enter into force on the date of its promulgation. |
| (2) | Commissioner extraordinary and plenipotentiary or government delegates as at the time this Act enters into force shall be deemed to have been appointed under this Act. |
ADDENDUM <Act No. 1549, Dec. 16, 1963>
This Act shall enter into force on the date when the amended Constitution, which is promulgated on December 26, 1962, enters into force.
ADDENDA <Act No. 3758, Dec. 31, 1984>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) Government delegates or special envoys as at the time this Act enters into force, shall be deemed to have been appointed under this Act. |
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. 10308, May 20, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11687, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures Concerning Appointed Government Delegates)