WAR COMMEMORATION SERVICE ASSOCIATION ACT
Act No. 4076, Dec. 31, 1988
Amended by Act No. 4183, Dec. 30, 1989
Act No. 4541, Mar. 6, 1993
Act No. 4551, jun. 11, 1993
Act No. 5644, Jan. 21, 1999
Act No. 8852, Feb. 29, 2008
Act No. 10105, Mar. 17, 2010
Act No. 10795, jun. 9, 2011
Act No. 12404, Mar. 11, 2014
Act No. 12789, Oct. 15, 2014
Act No. 12960, Jan. 6, 2015
The purpose of this Act is to collect and preserve materials related to wars, by establishing the War Commemoration Service Association and to contribute to the prevention of wars and the achievement of peaceful unification between South and North Korea through lessons learned from wars.
[This Article Wholly Amended by Act No. 10795, Jun. 9, 2011]
| Article 2 (Legal Personality) |
The War Commemoration Service Association (hereinafter referred to as the "Commemoration Service Association") shall be a legal entity.
[This Article Wholly Amended by Act No. 10795, Jun. 9, 2011]
| Article 3 (Establishment) |
| (1) | The Commemoration Service Association shall be duly formed by completing registration for its establishment in the place in which its head office is located. |
| (2) | Necessary matters concerning the registration of establishment under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10795, Jun. 9, 2011]
| Article 4 (Articles of Association) |
| (1) | The articles of association of the Commemoration Service Association shall stipulate the following matters: |
| 3. | Place of a main office; |
| 4. | Matters concerning business activities and the execution thereof; |
| 5. | Matters concerning organization; |
| 6. | Matters concerning executives and employees; |
| 7. | Matters concerning the operation of the board of directors; |
| 8. | Matters concerning assets and accounting; |
| 9. | Matters concerning amendment of the articles of association; |
| 10. | Matters concerning public notice. |
| (2) | The Commemoration Service Association shall, whenever it intends to amend its articles of association, obtain authorization from the Minister of National Defense. |
[This Article Wholly Amended by Act No. 10795, Jun. 9, 2011]
| Article 5 (Business Activities) |
| (1) | The Commemoration Service Association shall carry out the following business activities in order to achieve the purpose under Article 1: |
| 1. | Erection and operation of the War Memorial of Korea (hereinafter referred to as the "Memorial") and memorial monuments; |
| 2. | Collection, preservation, management, exhibition, survey, and research of materials in the Memorial; |
| 3. | Public relations and education on materials in the Memorial and memorial services and production and distribution of a variety of publications thereon; |
| 4. | Scientific activities on wars; |
| 6. | Business activities incidental to the business activities under subparagraphs 1 through 5. |
| (2) | The term "materials in the Memorial" under paragraph (1) 2 and 3 means materials that the Commemoration Service Association shall collect, preserve, manage, and exhibit in order to demonstrate the reality of wars, which are empirically proven and have historical value. |
| (3) | Weapons, such as firearms, knives, swords, and explosives, among materials in the Memorial shall be collected, preserved, managed, and exhibited with prior approval from the Minister of National Defense, and the Act on the Safety Management of Firearms, Knives, Swords, Explosives, Etc. shall not apply to such weapons. <Amended by Act No. 12960, Jan. 6, 2015> |
| (4) | Necessary matters concerning the collection, preservation, management, and exhibition of materials in the Memorial shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10795, Jun. 9, 2011]
| (1) | The Commemoration Service Association shall have nine or less directors, including one chairperson and three vice chairpersons, and one auditor. |
| (2) | The chairperson shall be appointed or dismissed by the President with the recommendation by the Minister of National Defense, and the vice chairpersons and the auditor shall be appointed or dismissed by the Minister of National Defense. |
| (3) | Directors, except the chairperson and vice chairpersons, shall be commissioned by the chairperson and shall include one person each recommended by the Minister of National Defense, the Minister of Culture, Sports and Tourism, and the Minister of Patriots and Veterans Affairs. |
| (4) | Executives except the chairperson shall be non-standing members. |
[This Article Wholly Amended by Act No. 10795, Jun. 9, 2011]
| Article 7 (Terms of Office of Executives) |
| (1) | The terms of office of directors, including the chairperson and the vice chairpersons, shall be three years, while the terms for the auditor shall be two years, but such terms may be consecutively renewed. |
| (2) | The terms of office of an executive who fills a vacancy shall be the remaining terms of his/her predecessor. |
[This Article Wholly Amended by Act No. 10795, Jun. 9, 2011]
| Article 8 (Duties of Executives) |
| (1) | The chairperson shall represent the Commemoration Service Association, have overall control over its business affairs, and lead and supervise its employees. |
| (2) | If the chairperson is unable to perform his/her duties due to unavoidable reasons, a person from among vice chairpersons shall be appointed by the board of directors to act on behalf of the chairperson. |
| (3) | Directors shall attend a meeting of the board of directors to deliberate and make decisions on important matters related to the business of the Commemoration Service Association. <Newly Inserted by Act No. 12789, Oct. 15, 2014> |
| (4) | The auditor shall audit matters concerning the Commemoration Service Association's business activities and accounting. |
[This Article Wholly Amended by Act No. 10795, Jun. 9, 2011]
| Article 9 (Disqualifications for Executives) |
No person who falls under any of the following subparagraphs shall become an executive of the Commemoration Service Association:
| 1. | A person who is not a national of the Republic of Korea; |
| 3. | A person who is barred from becoming an executive by its articles of association. |
[This Article Wholly Amended by Act No. 10795, Jun. 9, 2011]
| Article 10 (Board of Directors) |
| (1) | The Commemoration Service Association shall have a board of directors in order to deliberate on important matters concerning its business activities and adopt resolutions thereon. |
| (2) | The board of directors shall be comprised of directors, including the chairperson and the vice chairpersons. |
| (3) | The president of the board of directors shall be elected by the board of directors from among directors. |
| (4) | If the president of the board of directors is unable to perform his/her duties due to unavoidable reasons, the board of directors shall elect a person to act on behalf of the president. |
| (5) | The president of the board of directors shall convene and preside over meetings of the board of directors: Provided, That where convening a meeting is requested by a concurrent vote of 1/3 or more of incumbent directors, the president of the board of directors shall convene the meeting without delay. <Amended by Act No. 12789, Oct. 15, 2014> |
| (6) | A meeting of the board of directors shall adopt a resolution by a concurrent vote of the majority of incumbent directors. |
| (7) | The auditor may attend a meeting of the board of directors to state his/her opinions. |
[This Article Wholly Amended by Act No. 10795, Jun. 9, 2011]
| Article 10-2 (Functions of Board of Directors) |
The board of directors shall deliberate and make decisions on the following matters:
| 1. | Matters concerning a business plan, budget, and settlement of accounts; |
| 2. | Matters concerning the modification of the articles of incorporation; |
| 3. | Matters concerning acquisition, management, and disposal of important property as prescribed by the articles of incorporation; |
| 4. | Matters concerning the authority of the board of directors as prescribed by the articles of incorporation; |
| 5. | Other important matters concerning the operation of the Commemoration Service Association, which is referred to a meeting by the president of the board of directors. |
[This Article Newly Inserted by Act No. 12404, Mar. 11, 2014]
| (1) | The Commemoration Service Association shall have a secretariat to carry out its business affairs. |
| (2) | Matters concerning the secretariat shall be stipulated by the articles of association. |
[This Article Wholly Amended by Act No. 10795, Jun. 9, 2011]
| Article 12 (Subsidies, Contributions, etc.) |
| (1) | The State and each local government may grant subsidies, within budgetary limits, for expenses incurred in carrying out business affairs of the Commemoration Service Association. |
| (2) | Any private individual, legal entity, or organization may contribute or donate money or other properties to the Commemoration Service Association in order to assist the Commemoration Service Association in carrying out its business affairs. |
[This Article Wholly Amended by Act No. 10795, Jun. 9, 2011]
| Article 13 (Lending State-Owned Property Without Consideration) |
| (1) | Notwithstanding provisions of the State Property Act, the State may lend state-owned property to the Commemoration Service Association without consideration, if necessary for the establishment and operation of the Commemoration Service Association. |
| (2) | The State may transfer or lend military supplies without consideration, when it is deemed necessary for the operation of the Commemoration Service Association. |
| (3) | Necessary matters concerning the terms and conditions of the transfer or lending under paragraphs (1) and (2) and the procedures therefor shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10795, Jun. 9, 2011]
| Article 14 (Admission Fees and Service Charges) |
The Commemoration Service Association may collect admission fees for the Memorial or service charges for the use of materials in the Memorial or facilities of the Memorial.
[This Article Wholly Amended by Act No. 10795, Jun. 9, 2011]
The fiscal year of the Commemoration Service Association shall coincide with the fiscal year of the Government.
[This Article Wholly Amended by Act No. 10795, Jun. 9, 2011]
| Article 16 (Approval for Business Plans and Budget) |
The Commemoration Service Association shall submit the business plans and budget for each fiscal year to the Minister of National Defense for approval before the beginning of the relevant fiscal year, as prescribed by Presidential Decree. The same shall also apply to amendment of the business plans and important matters of the budget for which approval has been obtained. <Amended by Act No. 12789, Oct. 15, 2014>
[This Article Wholly Amended by Act No. 10795, Jun. 9, 2011]
| Article 17 (Reporting on Results of Execution of Business Plans and Settlement of Accounts) |
| (1) | The Commemoration Service Association shall report results of the execution of business plans for each quarter to the Minister of National Defense. |
| (2) | The Commemoration Service Association shall prepare the statement of accounts on revenues and expenditures for each fiscal year, which shall be audited by a certified public accountant designated by the Minister of National Defense, and shall submit it to the Minister of National Defense within 60 days after the end of the relevant fiscal year. <Amended by Act No. 12789, Oct. 15, 2014> |
[This Article Wholly Amended by Act No. 10795, Jun. 9, 2011]
| Article 18 (Cooperation in Business Activities) |
| (1) | The Commemoration Service Association may request any State agency, local government, educational institution, research institute, or any other appropriate person to allow it to inspect materials or make a photocopy of materials, lend materials, or authorize it to exhibit materials. |
| (2) | If a person who possesses materials is not the State or a local government in cases under paragraph (1), the Commemoration Service Association shall pay him/her adequate consideration, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10795, Jun. 9, 2011]
| Article 19 (Guidance and Supervision) |
The Minister of National Defense shall guide and supervise the Commemoration Service Association in its business activities.
[This Article Wholly Amended by Act No. 10795, Jun. 9, 2011]
| Article 20 (Application Mutatis Mutandis of the Civil Act) |
Except as provided for in this Act, the provisions under the Civil Act regarding incorporated foundations shall apply mutatis mutandis to the Commemoration Service Association. [This Article Wholly Amended by Act No. 10795, Jun. 9, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1989.
Article 2 (Preparation for Establishment)
| (1) | The Minister of National Defense shall commission eight or fewer incorporators of the Commemoration Service Association within 30 days from the enforcement date of this Act to authorize them to take charge of administrative works for establishment. |
| (2) | Incorporators shall prepare articles of association under Article 4 (1) for approval thereof from the Minister of National Defense within 30 days from the date of commission. |
| (3) | Incorporators shall, upon receiving the approval from the Minister of National Defense under paragraph (2), jointly register the establishment of the Commemoration Service Association pursuant to Article 3 and shall transfer its business to the chairperson without delay. |
| (4) | Incorporators shall be deemed dismissed at the time when business is transferred in accordance with paragraph (3). |
Article 3 (Bearing of Expenses)
Expenses incurred in the establishment of the Commemoration Service Association shall be borne by the State.
Article 4 (Special Cases concerning Beginning of Term of Executives)
The beginning of the term of the first executives appointed after this Act enters into force shall be the date of registration for the establishment of the Commemoration Service Association.
Article 5 (Submission of Business Plan, etc.)
Notwithstanding Article 16, the business plan and budget for the fiscal year in which this Act enters into force shall be submitted within two months from the date of registration for the establishment of the Commemoration Service Association.
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.
ADDENDUM <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.
ADDENDUM <Act No. 4551, Jun. 11, 1993>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 5644, Jan. 21, 1999>
This Act shall enter into force on the date of its promulgation.
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. 10105, Mar. 17, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 10795, Jun. 9, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 12404, Mar. 11, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 12789, Oct. 15, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12960, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.