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GLOBAL DISEASE ERADICATION FUND ACT

Act No. 14404, Dec. 20, 2016

 Article 1 (Purpose)
The purpose of this Act is to establish the Global Disease Eradication Fund in order to create a fund necessary for supporting developing countries in preventing and eradicating diseases and to prescribe matters necessary for operating and managing the Global Disease Eradication Fund.
 Article 2 (Definitions)
The definitions of the terms used in this Act shall be as follows:
1. The term “developing country” means a developing country under subparagraph 2 of Article 2 of the Framework Act on International Development Cooperation;
2. The term “disease” means a disease falling under any of the followings:
(a) An infectious disease referred to in subparagraph 1 of Article 2 of the Infectious Disease Control and Prevention Act;
(b) Other diseases publicly notified by the Minister of Foreign Affairs who deems it necessary to support developing countries in preventing and eradicating them, such as diseases indigenous to developing countries.
 Article 3 (Establishment and Financial Resources of the Fund)
(1) The Government shall establish the Global Disease Eradication Fund (hereinafter referred to as the “Fund”) to secure funds necessary for supporting developing countries in preventing and eradicating diseases.
(2) The Fund shall be created from the following financial resources:
1. Government contributions;
2. Fees prescribed in Article 5 (1) (hereinafter referred to as “international departure fees”);
3. Earnings from operating the Fund.
 Article 4 (Usage of Fund)
The Fund shall be used for any of the following purposes:
1. Supporting developing countries in preventing and eradicating diseases;
2. Supporting international organizations (referred to as “international organizations” under subparagraph 4 of Article 2 of the Korea International Cooperation Agency Act) and civil organizations, the main purpose of which is to prevent and eradicate developing countries’ diseases;
3. Expenditures for creating, operating, and managing the Fund.
 Article 5 (Payment, etc. of International Departure Fees)
(1) A person determined by Presidential Decree, who departs abroad from an airport located in the Republic of Korea, shall pay one thousand won to the Fund: Provided, That where there are different aircraft seat classes, the Minister of Foreign Affairs may differentially impose on and collect from persons boarding a higher seat class to depart abroad, the amount of money prescribed by Presidential Decree according to the seat aircraft classes within the scope of 10,000 won.
(2) Where a person on whom the international departure fee is imposed has an objection to such international departure fee, he/she may raise an objection to the Minister of Foreign Affairs within 60 days from the date it is imposed.
(3) The Minister of Foreign Affairs shall, in case of receiving an objection referred to in paragraph (2), examine such objection within 15 days from the date of its receipt, and inform in writing the person who has raised such objection of the result of examination.
(4) Matters necessary for procedures, etc. for imposing and collecting international departure fees shall be prescribed by Presidential Decree.
 Article 6 (Operation and Management of Fund)
(1) The Fund shall be operated and managed by the Minister of Foreign Affairs.
(2) The Minister of Foreign Affairs may entrust affairs concerning the operation and management of the Fund to Korea International Cooperation Agency under the Korea International Cooperation Agency Act (hereinafter referred to as “the KOICA”), as prescribed by Presidential Decree.
(3) Where the KOICA is entrusted with affairs concerning the operation and management of the Fund pursuant to paragraph (2), it shall keep accounting, separately from the other operational funds.
 Article 7 (Accounting Institution of Fund)
(1) The Minister of Foreign Affairs shall appoint fund revenue collecting officials, a fund financier, fund expenditure officials, and accounting officials, from among the public officials under his/her jurisdiction to have them handle affairs concerning the revenue and expenditure of the Fund.
(2) Where the Minister of Foreign Affairs entrusts administrative affairs concerning the operation and management of the Fund pursuant to Article 6 (2), he/she may appoint a director to be in charge of revenues of the Fund and a director to be in charge of expenditures of the Fund, from among the directors of the KOICA, and appoint a fund disburser and fund cashier, from among employees of the KOICA, respectively. In such cases, the persons so appointed shall perform duties classified as follows:
1. Director to be in charge of revenues of the Fund: the duties of a fund revenue collector;
2. Director to be in charge of expenditures of the Fund: the duties of a fund treasurer;
3. Fund disburser: the duties of a fund disbursement officer;
4. Fund cashier: the duties of a fund cashier-officer.
 Article 8 (Operation of Surplus Money)
The Minister of Foreign Affairs may manage surplus money of the Fund, if any, in any of the following ways:
1. Deposit in financial institutions under the Banking Act or other Act;
2. Deposit in the Public Capital Management Fund under the Public Capital Management Fund Act;
3. Purchase of national bonds, public bonds and other securities.
 Article 9 (Employment of Civil Experts)
(1) The Minister of Foreign Affairs may employ civil experts to efficiently conduct affairs regarding the execution, evaluation, and account settlement of the Fund, the management of surplus money, etc.
(2) Matters necessary for employment, operation, etc. of civil experts referred to in paragraph (1).
 Article 10 (Vicarious Conduct of Affairs of Imposing and Collecting International Departure Fees)
(1) The Minister of Foreign Affairs may request the person designated by him/her in consultation with the head of the relevant central administrative agency to vicariously conduct affairs of imposing and collecting international departure fees, as prescribed by Presidential Decree.
(2) Where the Minister of Foreign Affairs makes a request for the vicarious conduct of affairs regarding imposing and collecting international departure fees, he/she may pay from the Fund expenses necessary for conducting affairs of imposing and collecting international departure fees to the person who vicariously conducts such affairs.
 Article 11 (Treatment of Profits and Losses)
(1) The full amount of profits accrued as at the settlement of accounts of the Fund, if any, shall be accumulated.
(2) Losses incurred upon settling accounts of the Management Fund shall be covered by the reserve referred to in paragraph (1) and the Government may cover the losses, within budgetary limits, if the reserve falls short of the losses.
 Article 12 (Supervision and Issuance of Orders)
The Minister of Foreign Affairs shall supervise affairs falling under any of the following subparagraphs and may issue orders necessary for such supervision:
1. Entrusted administrative affairs where entrusted with administrative affairs concerning the operation and management of the Fund pursuant to Article 6 (2);
2. Affairs vicariously conducted where requested to vicariously impose and collect the international departure fees pursuant to Article 10 (1).
 Article 13 (Legal Fiction as Public Official in Application of Penalty Provisions)
Any of the following persons shall be deemed public officials in applying Articles 129 through 132 of the Criminal Act:
1. Directors and employees of the KOICA who conduct affairs entrusted pursuant to Article 6 (2);
2. Civil experts employed pursuant to Article 9 (1).
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Article 2 (Special Case concerning Financial Resources of the Fund)
Out of the Global Poverty Eradication Contribution imposed and collected pursuant to Article 18-2 of the former Korea International Cooperation Agency Act (referring to the Act still unamended pursuant to Article 3 (2) of the Addenda; hereinafter referred to as “the same Act’), the amount still unused for the purposes of eradicating poverty and diseases of the developing countries as prescribed in the latter part of Article 15 of the same Act as of December 31, 2016 shall be incorporated into the financial resources of the Fund.
Article 3 Omitted.