KOREA INSTITUTE FOR DEFENSE ANALYSES ACT
Act No. 3861, Dec. 23, 1986
Amended by Act No. 4541, Mar. 6, 1993
Act No. 5454, Dec. 13, 1997
Act No. 5613, Dec. 31, 1998
Act No. 9994, Feb. 4, 2010
Act No. 12568, May 9, 2014
Act No. 12908, Dec. 30, 2014
The purpose of this Act is to contribute to the establishment of reasonable policies on the national defense by establishing the Korea Institute for Defense Analyses, which shall conduct systematic research and analyses of policies on the national defense, including military strategies, the formation of military power, and the management of resources.
[This Article Wholly Amended by Act No. 9994, Feb. 4, 2010]
| Article 2 (Legal Personality and Registration) |
| (1) | The Korea Institute for Defense Analyses (hereinafter referred to as "KIDA") shall be a legal entity. |
| (2) | KIDA shall be duly formed when its establishment is registered with the registry office having jurisdiction over its principal place of business. |
| (3) | Matters necessary for the registration of establishment under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9994, Feb. 4, 2010]
| Article 2-2 (Attached Institutions) |
KIDA may have institutions attached to it, as stipulated by its articles of association.
[This Article Wholly Amended by Act No. 9994, Feb. 4, 2010]
| Article 3 (Articles of Association) |
| (1) | KIDA's articles of association shall include the following matters: |
| 3. | The location of its principal place of business and matters concerning its attached institutions; |
| 4. | Matters concerning the scope of business and the execution of business affairs; |
| 5. | Matters concerning executives and employees; |
| 6. | Matters concerning the operation of the board of directors; |
| 7. | Matters concerning assets and accounting; |
| 8. | Matters concerning the amendment of articles of association; |
| (2) | KIDA's articles of association shall be subject to approval of the Minister of National Defense. The foregoing shall also apply to any intended amendment of the articles of association. |
[This Article Wholly Amended by Act No. 9994, Feb. 4, 2010]
| Article 4 (Financial Resources) |
| (1) | Incorporation expenses, research expenses, and operating expenses incurred by KIDA shall be covered by Government contributions and other revenue. |
| (2) | Necessary matters concerning Government contributions under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9994, Feb. 4, 2010]
| Article 5 (Prohibition on Use of Similar Names) |
No research institution other than KIDA under this Act shall use the name "Korea Institute for Defense Analyses" or any similar name.
[This Article Wholly Amended by Act No. 9994, Feb. 4, 2010]
| Article 6 (Business Affairs) |
KIDA shall carry out the following business affairs in order to achieve the purpose of its establishment: <Amended by Act No. 12908, Dec. 30, 2014>
| 1. | Research on the national security environment and basic national defense policies, and the development of alternative policies; |
| 2. | Research on policies regarding military strategies, the formation of military power, and the selection and acquisition of weapon systems; |
| 3. | Research on policies regarding the management of manpower and resources for the national defense and the management of science and technology for the national defense; |
| 4. | Research on policies regarding the prevention of human rights violations in the military and the protection of human rights of military personnel, and the development of alternative policies; |
| 5. | Research on policies regarding informatization of the national defense, and the development of, assistance in, and technical advice on projects related to informatization of the national defense; |
| 6. | Collection and analysis of relevant data necessary for the national defense and the provision of information services; |
| 7. | Entrustment of research services to domestic and international research institutes and private individuals and the performance of research services entrusted by the Government and non-governmental organizations; |
| 8. | Business affairs incidental to the business affairs specified in subparagraphs 1 through 6; |
| 9. | Other business affairs necessary for achieving the purpose of the establishment of KIDA. |
[This Article Wholly Amended by Act No. 9994, Feb. 4, 2010]
| (1) | KIDA shall have one president, eleven directors, and one auditor as its executives. |
| (2) | Executives under paragraph (1), except the president, shall be non-standing. |
[This Article Wholly Amended by Act No. 9994, Feb. 4, 2010]
| Article 8 (Appointment of Executives and Their Term of Office) |
| (1) | The president shall be appointed by the Minister of National Defense, subject to prior resolution by the board of directors. |
| (2) | Directors shall be comprised of ex officio directors specified by Presidential Decree and persons appointed by the Minister of National Defense, subject to prior resolution of the board of directors, from figures of industrial circles, research institutes, and academic circles and experts in the national defense (hereinafter referred to as "appointed directors"). |
| (3) | The auditor shall be appointed by the board of directors, subject to subsequent approval of the Minister of National Defense. |
| (4) | The term of office for the president and the auditor shall be three years, but the term of office for a successor who is appointed to fill a vacancy in any of the positions shall be the remaining term of office of his/her predecessor. |
| (5) | The term of office for an appointed director shall be two years. |
[This Article Wholly Amended by Act No. 9994, Feb. 4, 2010]
| Article 9 (Board of Directors) |
| (1) | KIDA shall have a board of directors comprised of its directors for the purpose of deliberation and adoption of resolutions, on important matters. |
| (2) | The board of directors shall be chaired by a person specified by Presidential Decree. |
| (3) | The chairperson shall convene and preside over director meetings, but a person designated in the articles of association among the directors shall act on behalf of the chairperson if the chairperson is unable to perform his/her duties due to an unavoidable circumstance. |
[This Article Wholly Amended by Act No. 9994, Feb. 4, 2010]
| Article 10 (President and Auditor) |
| (1) | The president shall represent KIDA, have overall control over its business affairs, and lead and supervise its employees. |
| (2) | If the president is unable to perform his/her duties due to an unavoidable circumstance, a person specified in the articles of association shall act on behalf of the president. |
| (3) | The auditor shall conduct audits of the business affairs and property of KIDA and may attend director meetings to present his/her opinions. |
[This Article Wholly Amended by Act No. 9994, Feb. 4, 2010]
| Article 11 (Status of Executives and Employees) |
[This Article Wholly Amended by Act No. 9994, Feb. 4, 2010]
| Article 12 (Duty of Strict Confidentiality) |
A person who is or was in service at KIDA as one of its executives or employees, a certified public accountant under Article 15 (2), or a military person or public official dispatched for assistance pursuant to Article 17, shall not divulge or appropriate confidential information known to him/her in the scope of his/her duty. [This Article Wholly Amended by Act No. 9994, Feb. 4, 2010]
| Article 13 (Business Year) |
The business year of KIDA shall correspond to the fiscal year of the Government.
[This Article Wholly Amended by Act No. 9994, Feb. 4, 2010]
| Article 14 (Approval of Business Plan and Budget) |
KIDA shall prepare a business plan and a budget for each business year, in accordance with Presidential Decree, and submit them to the Minister of National Defense not later than ten months before the beginning of the business year for approval. An intended revision to an approved business plan or budget shall be also subject to approval of the Minister of National Defense.
[This Article Wholly Amended by Act No. 9994, Feb. 4, 2010]
| Article 15 (Reports on Results of Implementation of Business Plan and Settlement of Accounts) |
| (1) | KIDA shall report to the Minister of National Defense the results of the implementation of the business plan on a quarterly basis. |
| (2) | KIDA shall submit to the Minister of National Defense closing financial statements for each business year, which shall have been audited by the certified public accountant designated by the Minister of National Defense, on or before the end of March the following year: Provided, That the certified public accountant's accounting audit may be omitted with regard to matters specified by Presidential Decree among the contents of the closing financial statements. |
[This Article Wholly Amended by Act No. 9994, Feb. 4, 2010]
| Article 15-2 (Evaluation of KIDA) |
| (1) | The president shall evaluate the results of research and business performance during each business year, in accordance with Presidential Decree, and shall submit the results of the evaluation to the Minister of National Defense. |
| (2) | The Minister of National Defense shall evaluate the results of research and business performance of KIDA on the basis of the results of evaluation submitted by KIDA pursuant to paragraph (1). |
[This Article Wholly Amended by Act No. 9994, Feb. 4, 2010]
| Article 16 (Assets Contributed by Foreign Governments) |
KIDA shall take direct charge of all equipment, machines, instruments, goods, and money, which are provided by a foreign government to the Government of the Republic of Korea for the business of KIDA, under the supervision of the Minister of National Defense.
[This Article Wholly Amended by Act No. 9994, Feb. 4, 2010]
| Article 17 (Cooperation in Business Affairs) |
| (1) | If the president considers it necessary for achieving the purpose of the establishment of KIDA, he/she may request the head of a related agency to dispatch military persons under his/her control or other public officials of the Ministry of National Defense to assist in the business affairs of KIDA, in accordance with Presidential Decree. |
| (2) | The head of a related agency who receives a request under paragraph (1) shall not reject such a request without any justifiable reason. |
| (3) | A person who is dispatched to KIDA upon a request under paragraph (1) shall be under the command and supervision of the president, and KIDA shall provide such a person with compensation corresponding to his/her work responsibility. |
[This Article Wholly Amended by Act No. 9994, Feb. 4, 2010]
| Article 18 (Loan, etc. of State-Owned Property) |
| (1) | The Government may loan or transfer state-owned property, without consideration, or may lend or transfer military supplies, without consideration, as may be necessary for the establishment and operation of KIDA. |
| (2) | Necessary matters concerning the details, terms and conditions of, and the procedure for, the loan or transfer without consideration under paragraph (1) shall be prescribed by Presidential Decree, except as otherwise provided for in the State Property Act and the Act on the Management of Military Supplies. |
[This Article Wholly Amended by Act No. 9994, Feb. 4, 2010]
| Article 18-2 (Provisions Applicable Mutatis Mutandis) |
Except as otherwise provided for in this Act, provisions applicable to incorporated foundations in the Civil Act shall apply mutatis mutandis to KIDA. [This Article Wholly Amended by Act No. 9994, Feb. 4, 2010]
| Article 19 (Penalty Provisions) |
A person who divulges or appropriates confidential information known to him/her in the scope of his/her duty in violation of Article 12 shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. <Amended by Act No. 12568, May 9, 2014> [This Article Wholly Amended by Act No. 9994, Feb. 4, 2010]
| Article 20 (Administrative Fines) |
| (1) | A person who uses the name "Korea Institute for Defense Analyses" or any similar name in violation of Article 5 shall be punished by an administrative fine not exceeding three million won. |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the Minister of National Defense. |
[This Article Wholly Amended by Act No. 9994, Feb. 4, 2010]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on February 1, 1987.
Article 2 (Preparation for Establishment)
| (1) | The Director of the Defense Management Research Institute, which is an organization attached to the Agency for Defense Development established pursuant to the Act on the Agency for Defense Development (hereinafter referred to as the "Defense Management Research Institute") shall take charge of the administrative affairs related to the establishment of KIDA at the time this Act enters into force. |
| (2) | The Director of the Defense Management Research Institute shall prepare the articles of association for KIDA and obtain approval thereof from the Minister of National Defense within 30 days from the enforcement date of this Act and shall file for the registration of the establishment of KIDA without delay. |
| (3) | Notwithstanding Article 8, the president and auditor shall be appointed by the Minister of National Defense at the time of establishment of KIDA. |
| (4) | Upon completion of the registration of establishment of KIDA, the Director of the Defense Management Research Institute shall transfer administrative affairs to the president of KIDA without delay. |
Article 3 (Transitional Measures concerning Status, etc. of Employees)
| (1) | Employees of the Defense Management Research Institute this Act enters into force shall be deemed to be appointed as employees of KIDA on the registration date of the establishment of KIDA. |
| (2) | Military persons and other public officials dispatched from the Ministry of National Defense to the Defense Management Research Institute as support personnel at the time when this Act enters into force shall be deemed to be in service as support personnel pursuant to Article 17. |
Article 4 (Transitional Measure concerning Property, Rights, and Obligations)
KIDA shall succeed to all assets under the control of the Defense Management Research Institute, among the assets of the Agency for Defense Development, and all rights and obligations of the Defense Management Research Institute, among the rights and obligations of the Agency for Defense Development, at the time when this Act enters into force, effective on the registration date of the establishment of KIDA.
Article 5 (Transitional Measure concerning Budget)
The budget for the operation of the Defense Management Research Institute, out of the budget under the control of the Ministry of National Defense at the time when this Act enters into force shall be deemed the budget to be contributed to KIDA pursuant to Article 4.
ADDENDA <Act No. 4541, Mar. 6, 1993>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. < Proviso Omitted.>
ADDENDA <Act No. 5613, Dec. 31, 1998>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 1999. |
| (2) | (Transitional Measure concerning Term of Office for Executives) The term of office for the president and auditor incumbent at the time when this Act enters into force shall expire at the end of the term of office for each under previous provisions. |
| (3) | (Special Exception to Appointment of Appointed Directors) Appointed directors to be first appointed after this Act enters into force shall be appointed by the Minister of National Defense from figures of industrial circles, research institutes, and academic circles and experts in the national defense, notwithstanding the amended provisions of Article 8 (2). |
| (4) | (Transitional Measures concerning Penalty Provisions) In applying penalty provisions to acts committed before this Act enters into force, such acts shall be governed by previous provisions. |
ADDENDUM <Act No. 9994, Feb. 4, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 12568, May 9, 2014>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 12908, Dec. 30, 2014>
This Act shall enter into force three months after the date of its promulgation.