FRAMEWORK ACT ON INTERNATIONAL DEVELOPMENT COOPERATION
Act No. 9938, Jan. 25, 2010
Amended by Act No. 10919, Jul. 25, 2011
Act No. 11889, Jul. 16, 2013
Act No. 12767, Oct. 15, 2014
The purpose of this Act is to enhance the appropriateness of policies for international development cooperation and the effectiveness of implementation thereof, and effectively achieve the policy objectives of international development cooperation by providing for basic matters concerning international development cooperation, thus contributing to the co-prosperity of humanity and to world peace.
The definitions of terms used in this Act shall be as follows:
| 1. | The term "international development cooperation" means development cooperation (hereinafter referred to as "bilateral development cooperation") directly or indirectly provided to cooperation partners by the State, local governments or public institutions with or without compensation and multilateral development cooperation provided through international organizations for the development and welfare of developing nations; |
| 2. | The term "developing nations" means nations (including regions) entitled to receive official development assistance, which are determined by the Development Assistance Council of the Organization for Economic Cooperation and Development; |
| 3. | The term "cooperation partners" means nations deemed to require international development cooperation, which are selected by the Government, in consideration of the GDP per capita and the stages of economic or social development, from among developing nations; |
| 4. | The term "international organizations" means international organizations with which the Republic of Korea cooperates by making a financial contribution or implementing collaborative projects, from among development-related international organizations (including non-governmental organizations) determined by the Development Assistance Council of the Organization for Economic Cooperation and Development; |
| 5. | The term "grant aid", among bilateral development cooperation, means cash grants, in-kind transfers, labor supply, and technical cooperation, etc. to cooperation partners awarded with no accompanying obligation for repayment, including emergency disaster relief; |
| 6. | The term "loan", among bilateral development cooperation, means cash grants or in-kind transfers, etc. to cooperation partners awarded with an accompanying obligation for repayment in a more favorable condition than borrowing funds under commercial conditions in international capital markets, in terms of interest rates, the redemption period and the grace period, etc.; |
| 7. | The term "multilateral development cooperation" means international development cooperation indirectly provided to developing nations through contributions to or investments in international organizations and concessional loans, etc.; |
| 8. | The term "implementing agencies" means central administrative agencies, local governments and public institutions which conduct projects related to international development cooperation. |
| Article 3 (Basic Ideas and Objectives) |
| (1) | The basic ideas of international development cooperation is to reduce poverty in developing nations, improve the human rights of women, children and people with disabilities, achieve gender equality, realize sustainable development and humanitarianism, promote economic cooperation relationship with cooperation partners and pursue peace and prosperity in the international community. <Amended by Act No. 11889, Jul. 16, 2013> |
| (2) | The objectives of international development cooperation shall lie in achieving the following matters to pursue the basic ideas under paragraph (1): |
| 1. | Reduction of poverty in developing nations and the improvement of the quality of life; |
| 2. | Development of developing nations and the improvement of the system and conditions for such development; |
| 3. | Promotion of friendly relationship and mutual exchanges with developing nations; |
| 4. | Contribution to the resolution of global problems related to international development cooperation; |
| 5. | Other matters deemed necessary for realizing the basic ideas under paragraph (1). |
| Article 4 (Basic Principles) |
| (1) | The State, local governments and other implementing agencies (hereinafter referred to as the "State, etc.") shall conduct projects for international development cooperation by comprehensively considering the following principles and the foreign policies of the Republic of Korea: |
| 1. | Respect for all the principles of the Charter of the United Nations; |
| 2. | Support for the self-help efforts and abilities of cooperation partners; |
| 3. | Respect for the necessity for development of cooperation partners; |
| 4. | Increased sharing of development experiences; |
| 5. | Promotion of the harmonious relationship and cooperation with the international community. |
| (2) | The State, etc. shall endeavor to strengthen the connection between bilateral development cooperation and multilateral development cooperation, as well as the connection between grant aid and loans, and implement policies for international development cooperation in a consistent manner, thereby maximizing the effectiveness of international development cooperation. |
| Article 5 (Obligations of State, etc.) |
| (1) | The State, etc. shall implement international development cooperation programs, in consideration of the purpose under Article 1 and the basic ideas and objectives under Article 3. |
| (2) | The State, etc. shall join the international community in an concerted effort to eradicate poverty in developing nations and promote sustainable development, and play an active role therefor. |
| (3) | The State, etc. shall endeavor to improve the effectiveness of international development cooperation programs by implementing such programs in a systematic manner in cooperation with related civil organizations, etc. |
| (4) | The State, etc. shall endeavor to enhance transparency in the process of provision of international development cooperation and utilization of provided international development cooperation. <Newly Inserted by Act No. 12767, Oct. 15, 2014> |
| Article 6 (Relationship with other Acts) |
The enactment of or amendment to other Acts related to international development cooperation shall be in compliance with the purpose and basic ideas of this Act.
| Article 7 (The Committee for International Development Cooperation) |
| (1) | A Committee for International Development Cooperation (hereinafter referred to as the "Committee") shall be established under the control of the Prime Minister to moderate, deliberate on and decide major matters to ensure that polices on international development cooperation are implemented in a comprehensive and systematic manner. <Amended by Act No. 12767, Oct. 15, 2014> |
| (2) | The Committee shall consist of not more than 25 members, including one Chairperson and one secretary. |
| (3) | The Prime Minister shall be the Chairperson, and members shall be the Minister of Strategy and Finance, the Minister of Foreign Affairs, the Minister of the Office for Government Policy Coordination, the heads of central administrative agencies and related agencies or organizations determined by Presidential Decree, and persons commissioned by the Chairperson from among those with profound knowledge and experience. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | The Minister of the Office for Government Policy Coordination shall be the secretary, and he/she shall provide necessary support for the performance of the duties of the Committee and operation thereof. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | The Committee shall moderate, deliberate on and decide the following matters: <Amended by Act No. 10919, Jul. 25, 2011; Act No. 12767, Oct. 15, 2014> |
| 1. | Basic plans for international development cooperation under Article 8 and annual comprehensive implementation plans for international development cooperation under Article 11 (4); |
| 2. | Matters concerning the evaluation of international development cooperation under Article 13; |
| 3. | Matters requiring coordination by the Government, among policies related to international development cooperation; |
| 4. | Other matters deemed important and referred by the Chairperson. |
| (6) | A working committee of international development cooperation (hereinafter referred to as "working committee") shall be established under the control of the Committee to consult on in advance and moderate agenda items referred by the Committee, and handle matters entrusted by the Committee, and the Vice Minister of the Office for Government Policy Coordination shall assume the post of chairperson of the working committee. <Amended by Act No. 11690, Mar. 23, 2013> |
| (7) | The Committee may establish a civil advisory committee under its control, when necessary. |
| (8) | Other than those as prescribed under paragraphs (1) through (7), necessary matters concerning the composition, operation, etc. of the Committee, a working committee and a civil advisory committee shall be prescribed by Presidential Decree. |
| Article 8 (Formulation, etc. of Basic Plans for International Development Cooperation) |
| (1) | Agencies supervising international development cooperation under Article 9 (hereinafter referred to as "supervising agency") shall prepare drafts of basic plans for international development cooperation for each area under their control (hereinafter referred to as "draft of a basic plan for each area") every five years and submit them to the Committee, after undergoing review by the working committee. |
| (2) | The Committee shall integrate drafts of basic plans for each area submitted under paragraph (1) and determine basic plans for international development cooperation including the following matters: <Amended by Act No. 12767, Oct. 15, 2014> |
| 1. | Basic directions of polices for international development cooperation; |
| 2. | Scale for international development cooperation and operating plans; |
| 3. | Mid-term assistance strategies for priority cooperation partners under Article 12; |
| 4. | Plans for enhancement of transparency concerning provision of international development cooperation and utilization of provided international development cooperation. |
| (3) | Notwithstanding the provisions of paragraph (2), matters deemed important by the Committee, among matters included in drafts of basic plans for each area, may be determined by the President after deliberation by the State Council. <Amended by Act No. 10919, Jul. 25, 2011> |
| (4) | The Committee may revise basic plans finalized under paragraphs (2) and (3) (hereinafter referred to as "basic plans") after the moderation, deliberation and decision by the Committee within five years, when deemed necessary. <Amended by Act No. 12767, Oct. 15, 2014> |
| (5) | When the Committee determines a basic plan or modifies any important matter prescribed by Presidential Decree, it shall report it to the National Assembly without delay. <Newly Inserted by Act No. 10919, Jul. 25, 2011> |
| (6) | The Committee shall convey basic plans to supervising agencies, which, in turn, shall convey matters falling under the purview of implementing agencies to the relevant implementing agencies and diplomatic and consular missions (referring to overseas diplomatic and consular missions of the Republic of Korea under the Act on the Establishment of Overseas Diplomatic and Consular Missions of the Republic of Korea; hereinafter the same shall apply). <Amended by Act No. 10919, Jul. 25, 2011> |
| (7) | Other than those as provided in paragraphs (1) through (6), necessary matters concerning the procedures for formulating basic plans and reporting them to the National Assembly shall be prescribed by Presidential Decree. <Amended by Act No. 10919, Jul. 25, 2011> |
| Article 9 (Agencies Supervising International Development Cooperation) |
| (1) | Loans, among bilateral development cooperation, shall be supervised by the Minister of Strategy and Finance, and grant aid by the Minister of Foreign Affairs. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 10 (Roles and Functions of Agencies Supervising International Development Cooperation) |
| (1) | Supervising agencies shall perform the following roles and functions: <Amended by Act No. 10919, Jul. 25, 2011> |
| 1. | Preparing drafts of basic plans for each area and drafts of annual comprehensive implementation plans for international development cooperation; |
| 2. | Examining execution of annual comprehensive implementation plans for international development cooperation; |
| 3. | Promoting basic plans and implementation plans under their jurisdiction; |
| 4. | Other roles and functions that the Committee deems necessary to assign. |
| (2) | Supervising agencies shall assist individual implementing agencies to efficiently promote international development cooperation with professionalism in areas under their jurisdiction. |
| Article 11 (Formulation, etc. of Drafts of Annual Implementation Plans for International Development Cooperation) |
| (1) | Each implementing agency shall formulate a draft of an implementation plan for international development cooperation every year in accordance with basic plans and submit them to a relevant supervising agency. <Amended by Act No. 10919, Jul. 25, 2011> |
| (2) | If an annual implementation plan for international development cooperation submitted by an implementing agency pursuant to paragraph (1) is inconsistent with basic plans, the supervising agency may adjust the implementation plan in consultation with the implementing agency. <Amended by Act No. 10919, Jul. 25, 2011> |
| (3) | Supervising agencies shall integrate and review drafts of annual implementation plans for international development cooperation submitted pursuant to paragraph (1), formulate drafts of annual comprehensive plans for international development cooperation for each area under their jurisdiction, and submit them to the Committee. <Amended by Act No. 10919, Jul. 25, 2011> |
| (4) | The Committee shall moderate, deliberate on and decide the drafts of annual comprehensive implementation plans for international development cooperation for each area submitted pursuant to paragraph (3), determine the annual comprehensive implementation plans for international development cooperation, and report them to the National Assembly without delay. <Newly Inserted by Act No. 10919, Jul. 25, 2011; Act No. 12767, Oct. 15, 2014> |
| Article 12 (Selection of Priority Cooperation Partners) |
| (1) | The Committee may select cooperation partners on which international development cooperation shall be focused, including the least developed countries designated by the United Nations (hereinafter referred to as "priority cooperation partners"), among cooperation partners, in consultation with supervising agencies, in consideration of basic plans, etc. |
| (2) | The Committee shall make necessary moderation to ensure that international development cooperation is mainly provided to priority cooperation partners and the effectiveness of cooperation is improved. |
| Article 13 (Evaluation of International Development Cooperation) |
| (1) | The Committee shall prepare guidelines on the evaluation of international development cooperation and evaluate the outcomes of the implementation of related policies and programs, so as to raise public awareness on the achievements of international development cooperation programs and enhance the transparency in the implementation of international development cooperation programs. |
| (2) | Each implementing agency shall formulate an annual self-evaluation plan according to the guidelines under paragraph (1) and submit it to the Committee, and evaluate the outcomes and achievements of the implementation of programs based on such plan and submit the results to the Committee. <Newly Inserted by Act No. 11889, Jul. 16, 2013> |
| (3) | Each implementing agency may involve external experts in evaluating the outcomes and achievements of the programs under paragraph (2). <Newly Inserted by Act No. 12767, Oct. 15, 2014> |
| (4) | The Committee shall make public the results of evaluation concerning the international development cooperation under paragraphs (1) and (2). <Newly Inserted by Act No. 12767, Oct. 15, 2014> |
| (5) | The Committee shall report the results of evaluation under paragraph (1) to the National Assembly by June 30 of every year. <Amended by Act No. 11889, Jul. 16, 2013; Act No. 12767, Oct. 15, 2014> |
| (6) | Necessary matters concerning the standards for and methods of evaluation, the objects and scope of and standards for the release of the results of evaluation, reporting to the National Assembly, etc. under paragraphs (1), (4) and (5), shall be prescribed by Presidential Decree. <Amended by Act No. 11889, Jul. 16, 2013; Act No. 12767, Oct. 15, 2014> |
| Article 14 (Support for Civil International Development Cooperation Organizations, etc.) |
| (1) | The State, etc. may provide necessary support to civil international development cooperation organizations and their affiliates engaged in activities consistent with the basic ideas, objectives, etc. of international development cooperation under this Act in consultation with supervising agencies. |
| (2) | The State, etc. may impose appropriate conditions on the support provided under paragraph (1) in an effort to improve the effectiveness of programs. |
| Article 15 (Publicity Campaigns, etc. to Encourage National Participation) |
| (1) | The State, etc. shall devise and implement various measures to perform publicity campaigns and raise national awareness about international development cooperation, so as to secure public support for the necessity of international development cooperation and increase national participation in such endeavor. |
| (2) | The State, etc. shall make public the direction and major achievements of international development cooperation in various ways. In such cases, the objects, scope and standards of publication and other detailed matters shall be prescribed by Presidential Decree. <Amended by Act No. 12767, Oct. 15, 2014> |
| (3) | The State shall build and operate a system to provide comprehensive information on international development cooperation programs for the efficient management and implementation thereof. |
| Article 16 (Training Specialized Human Resources) |
| (1) | The State shall endeavor to train specialized human resources for each area of international development cooperation. <Amended by Act No. 12767, Oct. 15, 2014> |
| (2) | The State may organize and operate a consultative group comprised of related implementing agencies, etc. in order to train specialized human resources for each area of international development cooperation. <Newly Inserted by Act No. 12767, Oct. 15, 2014> |
| (3) | The State may build and operate a system for sharing information concerning specialized human resources for each area, managed by implementing agencies, in order to facilitate international development cooperation programs and effectively manage specialized human resources for each area. <Newly Inserted by Act No. 12767, Oct. 15, 2014> |
| Article 17 (Strengthening International Exchanges and Cooperation) |
The State, etc. shall endeavor to promote and strengthen international exchanges and cooperation, including exchanging information related to international development cooperation, conducting joint research or study, and holding events with international organizations, foreign governments or organizations, etc.
| Article 18 (Statistics on International Development Cooperation) |
| (1) | An implementing agency shall submit statistics on the status of international development cooperation for the previous year to institutions designated by the Committee each year, after consulting with a relevant supervising agency. |
| (2) | A supervising agency shall prepare, analyze and manage statistics on the status of international development cooperation programs for areas under its jurisdiction. |
| (3) | An institution designated under paragraph (1) shall prepare annual statistics regarding international development cooperation by integrating statistics on the status of international development cooperation programs submitted by implementing agencies and submit them to the Committee and a relevant supervising agency. |
| (4) | The Committee shall submit statistics under paragraph (3) when a standing committee of the National Assembly requests it to do so. |
| Article 19 (Roles of Diplomatic Establishments Abroad) |
| (1) | Diplomatic establishments abroad shall take part in the process of conducting programs, such as finding, promoting and evaluating international development cooperation programs. |
| (2) | Implementing agencies shall consult with overseas diplomatic missions through the Ministry of Foreign Affairs in implementing programs to facilitate the promotion of international development cooperation programs and may receive necessary support. <Amended by Act No. 11690, Mar. 23, 2013> |
| Article 20 (Delegation, Entrustment, etc. of Authority) |
Supervising agencies may delegate or entrust part of their authority under this Act to other implementing agencies, as prescribed by Presidential Decree.
ADDENDUM
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 10919, Jul. 25, 2011>
This Act shall enter into force three months after 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. |
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 11889, Jul. 16, 2013>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 13 shall enter into force on January 1, 2014.
ADDENDUM <Act No. 12767, Oct. 15, 2014>
This Act shall enter into force six months after the date of its promulgation.