ACT ON SPECIAL CASES CONCERNING THE ACQUISITION AND MANAGEMENTOF PROPERTY FOR USE BY DIPLOMATIC MISSIONS ABROAD
Wholly Amended by Act No. 11148, Jan. 17, 2012
Amended by Act No. 11690, Mar. 23, 2013
Act No. 12275, Jan. 21, 2014
The purpose of this Act is to promote the efficient management of State-owned property and items located in foreign countries and smooth administration of diplomacy by providing for special cases of acquisition, operation, retention, preservation and lease of real property used by overseas diplomatic and consular missions of the Republic of Korea and management of general property and motor vehicles used by overseas diplomatic and consular missions of the Republic of Korea, taking into consideration the location of overseas diplomatic and consular missions of the Republic of Korea and unique nature of their administrative functions. <Amended by Act No. 12275, Jan. 21. 2014>
[This Article Wholly Amended by Act No. 11148, Jan. 17, 2012]
| Article 2 (Disposal, etc. of Real Property) |
| (1) | If the real property (referring to all the real property existing in the premises of diplomatic and consular missions, as prescribed in the Vienna Convention on Diplomatic Relations and all the real property recognized as consular residence under the Vienna Convention on Consular Relations; hereinafter referred to as "real property for diplomatic and consular missions") used by overseas diplomatic and consular missions of the Republic of Korea (hereinafter referred to as "overseas diplomatic and consular missions") is not used for administrative purposes, the Minister of Foreign Affairs may revoke the use of the real property in question and dispose of the same as prescribed by Presidential Decree, notwithstanding Article 8 (1) of the State Property Act. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11148, Jan. 17, 2012]
| Article 3 (Exchange, Disposal, etc. of Motor Vehicles) |
| (1) | If the Minister of Foreign Affairs deems it particularly necessary for the maintenance of reasonable prices or smooth administration of diplomacy, he/she may exchange, or dispose of, a motor vehicle used by an overseas diplomatic or consular mission as prescribed by Presidential Decree, and may directly use the proceeds therefrom to buy another motor vehicle only within the same fiscal year. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Any surplus proceeds, after acquiring another motor vehicle with the proceeds from the disposal of a motor vehicle used by an overseas diplomatic or consular mission, shall be included in the National Treasury as revenue, and any deficit shall be covered by the allocated budget. |
[This Article Wholly Amended by Act No. 11148, Jan. 17, 2012]
| Article 4 (Advance Reimbursement of Lease Expenses) |
If extenuating circumstances exist in the statutes or practices of the host country, the Minister of Foreign Affairs may pay, in a lump sum, the expenses associated with the lease of the real property used by a relevant diplomatic or consular mission within budgetary limits to the extent not exceeding five years' expenses. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11148, Jan. 17, 2012]
| Article 5 (Acquisition of Real Property) |
| (1) | Notwithstanding Article 8 (1) of the State Property Act, the Minister of Foreign Affairs may acquire (including leasing or establishing a right to use for a period not shorter than the period specified in Presidential Decree; hereinafter the same shall apply) real property used for an overseas diplomatic or consular mission with the State Property Management Fund under Article 26-2 of the State Property Act, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | With regard to the use of real property acquired by the Minister of Foreign Affairs pursuant to paragraph (1), it shall be deemed that the office of general administration has granted approval pursuant to Article 8 (4) of the State Property Act. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11148, Jan. 17, 2012]
| Article 5-2 (Operation, Retention and Preservation of Real Property for Overseas Diplomatic and Consular Missions) |
| (2) | The Minister of Foreign Affairs may formulate a plan for repair of real property for overseas diplomatic and consular missions, considering such factors as the unique functions of the overseas diplomatic and consular missions, location and wear and tear of the real property. |
[This Article Newly Inserted by Act No. 12275, Jan. 21, 2014]
| Article 6 (Management and Disposal of Overseas General Property) |
Notwithstanding Article 8 (1) of the State Property Act, the Minister of Foreign Affairs shall manage (excluding acquisition) or dispose of general property located overseas. <Amended by Act No. 11690, Mar. 23, 2013> [This Article Wholly Amended by Act No. 11148, Jan. 17, 2012]
| Article 7 (Delegation of Authority) |
[This Article Wholly Amended by Act No. 11148, Jan. 17, 2012]
ADDENDA <Act No. 11148, Jan. 17, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 2012.
Article 2 (Provisional Measures Concerning Acquisition of Real Property)
Notwithstanding the amendment to Article 5, funds borrowed to acquire real property for the building of a mission or residence before this Act enters into force shall be governed by the former provisions. Article 3 (Provisional Measures Concerning Using, Profiting from, and Loaning Overseas State-Owned Property)
Former provisions shall apply to using, profiting from or loaning State-owned property overseas by a person who is using, profiting from, or borrowing donated State-owned property overseas under former Article 7 as at the time this Act enters into force.
Article 4 (Relations with Other Acts)
In cases where other Acts quote the provisions of the Act on Special Cases concerning the Acquisition and Management, etc. of Properties for Use by Diplomatic Missions Abroad, as at the time this Act enters into force, it shall be deemed that such Acts have quoted the provisions in this Act in lieu of the former provisions if any corresponding provisions exist in this Act.
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. 12275, Jan. 21, 2014>
This Act shall enter into force three months after the date of its promulgation.