ACT ON THE ESTABLISHMENT AND OPERATION OF RESPONSIBLE ADMINISTRATIVE AGENCIES
Act No. 5711, Jan. 29, 1999
Amended by Act No. 5982, May 24, 1999
Act No. 6400, Jan. 29, 2001
Act No. 6666, Mar. 25, 2002
Act No. 7259, Dec. 30, 2004
Act No. 7770, Dec. 29, 2005
Act No. 8050, Oct. 4, 2006
Act No. 8852, Feb. 29, 2008
Act No. 9280, Dec. 31, 2008
Act No. 9303, Dec. 31, 2008
Act No. 10436, Mar. 8, 2011
Act No. 10699, May 23, 2011
Act No. 11530, Dec. 11, 2012
Act No. 11690, Mar. 23, 2013
Act No. 12844, Nov. 19, 2014
Act No. 13461, Aug. 11, 2015
Act No. 14839, Jul. 26, 2017
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to promote increased efficiency of administrative operations and qualitative improvement in administrative services by prescribing basic matters concerning the establishment and operation of responsible administrative agencies and special cases concerning the organization, personnel management, budgeting, accounting, etc. of responsible administrative agencies.
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
| (1) | The term "responsible administrative agency" in this Act means an administrative agency, the head of which shall be given autonomy in administrative and financial affairs and shall be responsible for its operational performance, with regard to business affairs executed by the Government to which it is deemed desirable to apply the principle of competition in their operation while maintaining their publicness or the performance management of which needs to be enhanced in consideration of their specialty. <Amended by Act No. 10436, Mar. 8, 2011> |
| (2) | Responsible administrative agencies shall be classified as follows, according to the status of the agencies: |
| 1. | Affiliated responsible administrative agency: An affiliated agency of a central administrative agency, which is established by Presidential Decree in accordance with Article 4; |
| (3) | Responsible administrative agencies shall be classified as follows, according to the characteristics of business affairs of the agencies: <Amended by Act No. 10436, Mar. 8, 2011> |
| 1. | Survey-and-Research-type responsible administrative agency; |
| 2. | Education-and-training-type responsible administrative agency; |
| 3. | Culture-type responsible administrative agency; |
| 4. | Medical-care-type responsible administrative agency; |
| 5. | Facility-management-type responsible administrative agency; |
| 6. | Other types of responsible administrative agencies prescribed by Presidential Decree. |
| (4) | The classification of responsible administrative agencies set forth in the subparagraphs of paragraph (3) shall be prescribed by Presidential Decree. In such cases, each type of an administrative agency set forth in the subparagraphs of paragraph (3) may be subdivided for efficient management and operation. <Amended by Act No. 10436, Mar. 8, 2011> |
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
| Article 3 (Principles of Operation) |
| (1) | The operational independence and autonomy of a responsible administrative agency, which are needed to accomplish the business objectives given by a central administrative agency with which it is affiliated (hereinafter referred to as "controlling central administrative agency") or by the Prime Minister, shall be guaranteed. |
| (2) | The head of a responsible administrative agency (hereinafter referred to as "head of an agency") shall take measures to renovate the management of the agency. |
| (3) | The head of a controlling central administrative agency shall assist the head of an agency so that measures referred to in paragraph (2) can be faithfully implemented. <Newly Inserted by Act No. 10436, Mar. 8, 2011> |
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
| Article 3-2 (Establishment, etc. of Mid-Term Management Plans) |
| (1) | The Minister of the Interior and Safety shall establish a master plan on a five-year basis for the overall management and operation of responsible administrative agencies (hereinafter referred to as "mid-term management plan"). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | A mid-term management plan shall include the following: |
| 1. | Matters concerning the basic direction-setting for the management of the responsible administrative agency system; |
| 2. | Matters concerning the establishment of responsible administrative agencies and cancellation of the designation of responsible administrative agencies; |
| 3. | Matters concerning the inspection of overall operation of responsible administrative agencies and improvement of the system. |
| (3) | The Minister of the Interior and Safety shall establish annual operation guidelines for the operation, assessment, etc. of responsible administrative agencies according to mid-term management plans. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (4) | The Minister of the Interior and Safety may, if it becomes necessary due to the change of an administrative environment, such as restructuring of the government organization, revise a mid-term plan or annual operation guidelines. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (5) | Except as provided for in paragraphs (1) through (4), matters necessary for the mid-term management plans, annual operation guidelines, and the revision thereof shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 10436, Mar. 8, 2011]
| Article 4 (Establishment of Responsible Administrative Agencies and Cancellation of Designation of Responsible Administrative Agencies) |
| (1) | Where business affairs meet any of the following standards, a responsible administrative agency shall be established by Presidential Decree: |
| 1. | The main business of an agency is to provide administrative services in the nature of business or execution, the outcomes of which can be measured by developing standards for measuring outcomes; |
| 2. | Business affairs by which all or some of the financial revenue necessary for the operation of an agency can be secured on its own. |
| (2) | The Minister of the Interior and Safety may establish a responsible administrative agency under paragraph (1) or cancel the designation of an agency as a responsible administrative agency after consultation with the Minister of Strategy and Finance and the head of the competent central administrative agency. In such cases, the Minister of the Interior and Safety shall respect the opinion of the head of the relevant central administrative agency. <Amended by Act No. 10436, Mar. 8, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | As for the business affairs that are deemed to be efficiently performed by a responsible administrative agency among the business affairs under its jurisdiction, the head of a central administrative agency may request the Minister of the Interior to establish a responsible administrative agency, and where a responsible administrative agency is deemed incapable of fulfilling the purpose of its establishment, he/she may request the Minister of the Interior and Safety to cancel the designation of a responsible administrative agency. <Amended by Act No. 10436, Mar. 8, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (4) | For the purposes of the establishment of a responsible administrative agency or cancellation of the designation of a responsible administrative agency under paragraphs (2) and (3), the Minister of the Interior and Safety may conduct an examination of the relevant business affairs, or request the head of the relevant central administrative agency to conduct such examination. <Newly Inserted by Act No. 10436, Mar. 8, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
| Article 5 (Relationship with other Acts) |
This Act shall prevail with respect to the organization, operation, assessment, personnel affairs, budgeting, and accounting of responsible administrative agencies. <Amended by Act No. 10436, Mar. 8, 2011>
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
| Article 6 (Introduction of Responsible Administrative Agency System to Local Governments) |
The Minister of Education, the Minister of the Interior and Safety, and the heads of local governments shall endeavor to introduce a responsible administrative agency system to local governments in accordance with the purposes of this Act. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
CHAPTER II AFFILIATED RESPONSIBLE ADMINISTRATIVE AGENCIES
SECTION 1 Heads of Affiliated Responsible Administrative Agencies
| Article 7 (Appointment of Heads of Agencies) |
| (1) | The head of a controlling central administrative agency shall select the head of an agency from among persons who have much knowledge and ability in administration or management or much experience in related fields by open recruitment procedures and appoint him/her as a public official in a fixed term position pursuant to Article 26-5 of the State Public Officials Act. In such cases, the outcomes of appraisal of the ability and qualifications of a person whom he/she intends to appoint shall be used in decision-making on whether to appoint him/her, as prescribed by Presidential Decree. <Amended by Act No. 10436, Mar. 8, 2011; Act No. 11530, Dec. 11, 2012; Act No. 13461, Aug. 11, 2015> |
| (2) | Requirements for appointment of the head of an agency shall be determined by the head of a controlling central administrative agency and shall be notified to the Minister of Personnel Management. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 13461, Aug. 11, 2015> |
| (3) | A term of office of the head of an agency shall be determined by the head of a controlling central administrative agency, not to exceed five years, but not less than two years. In such cases, where business performance is deemed excellent according to the results of business performance assessment of the relevant affiliated responsible administrative agency conducted under Article 12 and 51 (hereinafter referred to as the “assessment results of a responsible administrative agency”), the term of office may be extended on the condition that a cumulative service period does not exceed five years, as prescribed by Presidential Decree. ＜Amended by Act No. 13461, Aug. 11, 2015> |
| (4) | Where the assessment results of a responsible administrative agency meet the standards prescribed by Presidential Decree, such as superior, the head of the controlling central administrative agency may further extend the term of office of the head of the agency, in excess of the five-year limit on a cumulative service period provided in the latter part of paragraph (3), but not to exceed three years, as prescribed by Presidential Decree. ＜Newly Inserted by Act No. 13461, Aug. 11, 2015> |
| (5) | The open recruitment, procedures for and details of appointment, etc. of the head of an agency shall be prescribed by Presidential Decree. <Amended by Act No. 10436, Mar. 8, 2011; Act No. 13461, Aug. 11, 2015> |
| (6) | Where a public official in career service has retired from office in order to be appointed as the head of an agency, if his/her term of office as the head of an agency has come to an end or he/she has been removed from office under Article 8-2 (3) 1, he/she may be given priority for appointment, through competitive recruitment, as a public official in career service in the same class as he/she was in at the time of retirement (in cases of a public official belonging to the Senior Civil Service Corps, referring to a position with the difficulty and responsibility similar to those of his/her position at the time of retirement). <Amended by Act No. 10436, Mar. 8, 2011; Act No. 10699, May 23, 2011; Act No. 13461, Aug. 11, 2015> |
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
| Article 8 (Duties of Head of Agency) |
The head of an agency shall endeavor to achieve the following:
| 1. | Deleted; ＜by Act No. 13461, Aug. 11, 2015> |
| 2. | Improving the public benefit and efficiency in the operation of an agency; |
| 3. | Raising the economic efficiency in financial affairs and improving the quality of services. |
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
| Article 8-2 (Removal of Head of Agency) |
| (1) | Where a comprehensive assessment of an affiliated responsible administrative agency conducted under Article 51 finds that the outcomes of its business are extremely poor, or the business performance of the agency is otherwise very poor, notwithstanding Article 70 of the State Public Officials Act, the head of the controlling central administrative agency may remove the head of the agency from his/her office after deliberation by the deliberative committee on the operation of affiliated responsible administrative agencies under Article 12. ＜Amended by Act No. 13461, Aug. 11, 2015> |
| (2) | Criteria for judgment on whether the business performance of an affiliated responsible administrative agency is extremely poor as referred to in paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | The head of the competent central administrative agency shall, if the head of an agency falls under any of the following grounds, without delay, remove the head of an agency from his/her office: ＜Amended by Act No. 13461, Aug. 11, 2015> |
| 1. | Cancellation of designation of an affiliated responsible administrative agency; |
| 2. | Where the head of an agency has difficulty in performing his/her duties after being prosecuted for a criminal offense: Provided, That this shall not apply where he/she is prosecuted for an offense resulting from negligence which has no relation to his/her duties and where a summary order is claimed for; |
| 3. | and 4. Deleted. ＜by Act No. 13461, Aug. 11, 2015> |
[This Article Newly Inserted by Act No. 10436, Mar. 8, 2011]
| Article 9 (Remuneration for Head of Agency) |
Matters concerning remuneration for the head of an agency shall be prescribed by Presidential Decree, in consideration of the business performance of the agency, such as the results of a comprehensive assessment conducted under Article 51. <Amended by Act No. 10436, Mar. 8, 2011> [This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
SECTION 2 Operation and Assessment
| Article 10 (Basic Operational Regulations) |
| (1) | The head of an agency shall establish basic operational regulations concerning the organization and operation of an affiliated responsible administrative agency including the following matters (hereinafter referred to as the “basic operational regulations”) within the scope prescribed by statutes: ＜Amended by Act No. 13461, Aug. 11, 2015> |
| 1. | Basic matters concerning competent duties and the execution procedures thereof; |
| 2. | Matters concerning the establishment and operation of sub-organs of an affiliated responsible administrative agency and its affiliated agencies, and the operation of the quota of public officials by type and by rank; |
| 3. | Matters concerning the personnel management of affiliated public officials; |
| 4. | Matters concerning budget and accounting; |
| 5. | Other matters prescribed by Presidential Decree. |
| (2) | In any of the following cases, the head of an agency shall obtain approval, in advance, from the head of the controlling central administrative agency: ＜Amended by Act No. 13461, Aug. 11, 2015> |
| 1. | Where the basic operational regulations referred to in paragraph (1) are established; |
| 2. | Where matters prescribed by Presidential Decree are amended, such as adjustment to the quota of public officials by type and by rank leading to changes in the total personnel expenses, among matters included in the basic operational regulations. |
| (3) | The head of an agency shall, in cases of amending the basic operational regulations, notify the head of the controlling central administrative agency of details of the amendments: Provided, That this shall not apply where such amendment has been approved by the head of the controlling central administrative agency under subparagraph 2 of Article 2. ＜Amended by Act No. 13461, Aug. 11, 2015> |
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
| Article 11 (Business Objectives, Business Operational Plan, etc.) |
| (1) | The head of a central administrative agency shall determine business objectives related to the following matters for each affiliated responsible administrative agency, and shall give them to the heads of agencies: |
| 1. | Increasing economic efficiency in financial affairs; |
| 2. | Enhancing the level of services; |
| 3. | Rationalizing management, etc. |
| (2) | The head of an agency shall establish a business operational plan to accomplish the business objectives prescribed in paragraph (1), and shall obtain approval from the head of the controlling central administrative agency within a period prescribed by Presidential Decree. |
| (3) | The head of each central administrative agency shall refer a business operational plan to the deliberative committee on the operation of affiliated responsible administrative agencies under Article 12 for deliberation before approving the plan. |
| (4) | The head of an agency shall establish an annual business plan according to the business operational plan and shall submit such plan to the head of the controlling central administrative agency within a period prescribed by Presidential Decree. |
| (5) | The annual business plan under paragraph (4) shall contain concrete objectives for business performance to be achieved by the affiliated responsible administrative agency and performance measuring indexes to objectively measure its business performance. |
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
| Article 12 (Deliberative Committee on Operation of Affiliated Responsible Administrative Agencies) |
| (1) | A deliberative committee on the operation of affiliated responsible administrative agencies (hereinafter referred to as "deliberative committee") shall be established under the jurisdiction of the head of the central administrative agency to assess the business performance of affiliated responsible administrative agencies and to deliberate upon important matters concerning the operation of affiliated responsible administrative agencies. |
| (2) | The deliberative committee shall deliberate upon the following: <Amended by Act No. 10436, Mar. 8, 2011; Act No. 13461, Aug. 11, 2015> |
| 1. | Matters concerning the establishment of business objectives; |
| 2. | Matters concerning the establishment and modification of business operational plans and annual business plans; |
| 3. | Matters concerning recommendations for cancellation of designation of an affiliated responsible administrative agency; |
| 4. | Matters concerning the removal of the head of an agency from office under Article 8-2; |
| 5. | Other matters prescribed by Presidential Decree. |
| (3) | The deliberative committee shall be comprised of nine or less members, including one chairperson. |
| (4) | The chairperson and members of the deliberative committee shall be commissioned by the head of the relevant central administrative agency from among persons who have much knowledge and experience in the business affairs of affiliated responsible administrative agencies and from among persons recommended by non-governmental organizations (referring to non-profit non-governmental organizations defined in Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act). |
| (5) | The term of office of each member shall be two years. |
| (6) | Matters concerning the procedures, methods, timing, etc. of evaluation conducted under paragraph (1) shall be determined by the Steering Committee for Responsible Administrative Agencies under Article 49. |
| (7) | Except as provided in this Act, matters necessary for the composition and operation of the deliberative committee shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
| Article 13 Deleted. <by Act No. 9303, Dec. 31, 2008> |
| Article 14 (Utilization of Assessment Results) |
| (1) | The head of an agency shall reflect assessment results under Article 12 (1) to improve operation of the agency. |
| (2) | The head of a controlling central administrative agency shall make public the results of assessment of affiliated responsible administrative agencies, as prescribed by Presidential Decree. |
| (3) | The head of a controlling central administrative agency and the head of an agency may grant privileges in personnel management, such as commendation, etc. to public officials who have contributed to the operation of the agency, business performance improvement, etc., according to the assessment results. |
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
SECTION 3 Organization and Quota
| Article 15 (Establishment of Affiliated Agencies and Sub-Organs) |
| (1) | An affiliated responsible administrative agency may have affiliated agencies as prescribed by Presidential Decree. |
| (2) | The establishment of sub-organs of an affiliated responsible administrative agency and its affiliated agencies and the division of duties shall be determined by the basic operational regulations. |
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
| Article 16 (Quota for Public Officials) |
| (1) | The quota limits for public officials to be appointed to an affiliated responsible administrative agency shall be prescribed by Presidential Decree. In such cases, the quota in the following subparagraphs shall be prescribed by Ordinance of the Prime Minister or by Ordinance of the Ministry, but they may be prescribed by a single Ordinance after consolidating them as prescribed by Presidential Decree: |
| 1. | Quota for public officials by type and by rank; |
| 2. | Quota for public officials belonging to the Senior Civil Service Corps. |
| (2) | Where the head of an agency needs to determine or adjust the quota for public officials under the subparagraphs of paragraph (1), he/she shall submit a plan therefor to the head of the controlling central administrative agency. |
| (3) | The head of the central administrative agency shall consult with the Minister of the Interior and Safety in advance on the plan submitted pursuant to paragraph (2). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
| Article 17 (Utilization of Public Officials in Fixed Term Position) |
| (1) | Where it is necessary in light of the characteristics of duties, public officials in fixed term positions as prescribed in Article 26-5 of the State Public Officials Act may be appointed to the head of an affiliated responsible administrative agency, the heads of affiliated agencies, and positions at sub-organs thereof. <Amended by Act No. 11530, Dec. 11, 2012> |
| (2) | An affiliated responsible administrative agency may appoint public officials in fixed term positions pursuant to Article 26-5 of the State Public Officials Act to fill part of its quota, as prescribed by Presidential Decree. <Amended by Act No. 11530, Dec. 11, 2012> |
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
SECTION 4 Personnel Management
| Article 18 (Appointing Authority) |
Notwithstanding Article 32 (1) and (2) of the State Public Officials Act and other statutes relating to the personnel management of public officials, the heads of central administrative agencies shall have full authority over the appointment of public officials belonging to affiliated responsible administrative agencies. In such cases, the heads of the central administrative agencies may delegate part of the appointing authority to the heads of agencies, as prescribed by Presidential Decree. [This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
| Article 19 (Examination for Appointment) |
| (1) | The examination for appointment of public officials belonging to an affiliated responsible administrative agency shall be conducted by the head of the agency: Provided, That where it is difficult for the head of the agency to conduct the examination independently, the head of the central administrative agency may conduct the examination, or may conduct the examination jointly with the head of another agency implementing examination or entrust examination to the head of another agency prescribed by Presidential Decree. |
| (2) | Where the examination for appointment is conducted, the class of appointment (referring to the position for appointment where the position is to be filled by a public official belonging to the Senior Civil Service Corps), qualifications for application, number of persons to be selected, method, time, and place of examination, and other necessary matters shall be publicly announced during a reasonable period: Provided, That the open competitive examination for appointment of public officials in career service, the examination for appointment may not be publicly announced to the extent that does not violate the principle of competition. |
| (3) | The academic background, work experience, age, and other necessary qualifications to apply for examination for appointment shall be prescribed by Presidential Decree, and matters concerning the subjects and method of examination shall be determined by the basic operating regulations. |
| (4) | The examination subjects, methods and other matters necessary to administer examinations for transfer of a position shall be determined by the basic operating regulations. |
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
| Article 20 (Exchange of Personnel between Agencies) |
| (1) | Where the change of positions of public officials between affiliated responsible administrative agencies and a controlling central administrative agency and affiliated agencies thereof is deemed necessary, the head of the controlling central administrative agency may change positions after consultation with the heads of agencies. |
| (2) | Where a public official in career service belonging to an affiliated responsible administrative agency who has been employed pursuant to Article 19 is to be transferred to a career service position at another administrative agency, or to be appointed to such position through competitive recruitment, such public official shall pass a competitive recruitment examination for career service positions prescribed by statutes relevant to personnel management, other than public officials appointed in accordance with the procedures prescribed in paragraph (1) and the statutes relevant to personnel management (referring to the statutes applicable to transference or career service positions to be appointed to through competitive recruitment). In such cases, the class to be appointed to shall be determined one by one with the approval of the head of a central administrative agency that has jurisdiction over the statutes relevant to personnel management. <Amended by Act No. 10699, May 23, 2011> |
| (3) | Where a person who has been appointed to an affiliated responsible administrative agency through transference or competitive recruitment for career service positions after being appointed as a public official in career service in accordance with other Acts is appointed to a career service position at another administrative agency through transference or competitive recruitment, paragraph (2) shall not apply: Provided, That only the latter part of paragraph (2) shall apply to a person promoted after being transferred or appointed through competitive recruitment for career service positions to an affiliated responsible administrative agency. <Amended by Act No. 10699, May 23, 2011> |
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
| Article 21 (Filling Vacancies) |
Where a public official in career service belonging to an affiliated responsible administrative agency temporarily takes a leave of absence from office or has been dispatched, a public official in a fixed term position prescribed in Article 26-5 of the State Public Officials Act may be employed to fill the vacancy during the period. <Amended by Act No. 11530, Dec. 11, 2012> [This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
| Article 22 (Appraisal of Work Performance) |
| (1) | The head of an agency shall objectively and strictly appraise the work performance, ability to perform duties, etc. of the public officials under its jurisdiction periodically or frequently, and shall reflect them in decisions on remuneration and personnel management. |
| (2) | The elements, methods, and timing of appraisals of work performance, ability to perform duties, etc., and other necessary matters shall be prescribed by the basic operational regulations. |
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
| (1) | The promotion to a different rank or to a position to which a public official is appointed as a public official belonging to the Senior Civil Service Corps shall be based on the evidentiary data on work performance, ability to perform duties, etc. |
| (2) | Matters concerning the minimum years required for promotion and methods of determining persons eligible for promotion, except for limitations of promotion, shall be determined by the basic operational regulations. |
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
| Article 24 (Special Cases concerning Competitive Recruitment for Career Service Positions) |
The appointment of public officials belonging to an affiliated responsible administrative agency through competitive recruitment for career service positions as prescribed in Article 28 (2) 1 of the State Public Officials Act shall apply only to persons working at the affiliated responsible administrative agency at the time of retirement. <Amended by Act No. 10699, May 23, 2011> [This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
| Article 25 (Payment of Bonuses) |
The head of an agency may pay different amounts of bonuses to each affiliated agency, sub-organ, or individual, according to the results of business assessment, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
| Article 26 (Application of the State Public Officials Act, etc.) |
Except as provided in this Act, the State Public Officials Act or other statutes relating to the personnel management of public officials shall apply to matters concerning the personnel management of public officials belonging to an affiliated responsible administrative agency. [This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
SECTION 5 Budget and Accounting
| Article 27 (Establishment, etc. of Special Accounts) |
| (1) | The special accounts of a responsible administrative agency shall be created to efficiently operate the business of affiliated responsible administrative agencies which mainly perform business affairs provided for in Article 4 (1) 2. <Amended by Act No. 10436, Mar. 8, 2011> |
| (2) | Affiliated responsible administrative agencies which need to operate special accounts referred to in paragraph (1) shall be determined by the Minister of Strategy and Finance following consultations with the Minister of the Interior and Safety and the relevant central administrative agencies in accordance with the standards prescribed by Presidential Decree, such as their own earnings as a percentage of financial revenue. <Newly Inserted by Act No. 10436, Mar. 8, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | Affiliated responsible administrative agencies other than those determined pursuant to paragraph (2) (hereinafter referred to as "responsible administrative agencies operating special accounts") shall operate general accounts, but may operate the special accounts created in accordance with other Acts where any special reason, such as difficulty to change accounting prescribed by Presidential Decree, exists. In such cases, a separate item for a responsible administrative agency shall be created in the general accounts or special accounts and the autonomy in operating budgets equivalent to that of responsible administrative agencies operating special accounts shall be guaranteed. <Amended by Act No. 10436, Mar. 8, 2011> |
| (4) | The provisions of Articles 28, 29, 29-2, 30, 32, 33, and 35 through 38 shall not apply to the special accounts referred to in the latter part of paragraph (3). <Amended by Act No. 10436, Mar. 8, 2011> |
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
| Article 28 (Classification of Accounts) |
| (1) | Special accounts of a responsible administrative agency (hereinafter referred to as "special accounts") under Article 27 (1) shall be classified for each responsible administrative agency operating special accounts. <Amended by Act No. 10436, Mar. 8, 2011> |
| (2) | The names and contents of the accounts referred to in paragraph (1) and other matters necessary for the classification of accounts shall be prescribed by Presidential Decree. |
| (3) | The budgets and settlement of accounts of the special accounts may be classified for each organ of a responsible administrative agency operating special accounts. <Amended by Act No. 10436, Mar. 8, 2011> |
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
| Article 29 (Operation and Management of Special Accounts) |
Each special account shall be operated separately from each other account by the heads of central administrative agencies, and shall be combined and managed by the Minister of Strategy and Finance.
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
| Article 29-2 (Devolvement of State Property, etc. to Special Accounts) |
Where all or some of the business affairs of an administrative agency are transferred to a responsible administrative agency operating special accounts following the establishment of a responsible administrative agency operating special accounts, those acknowledged by the head of the central administrative agency as necessary for the operation of responsible administrative agencies operating special accounts after consultation with the head of an agency, among the State property and articles occupied, used or managed by the administrative agency for the purpose of performing its duties, shall be deemed to belong to the special accounts. <Amended by Act No. 10436, Mar. 8, 2011>
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
| Article 30 (Application, etc. of the Government Enterprise Budget Act) |
| (1) | The business of a responsible administrative agency operating special accounts shall be deemed a government enterprise, notwithstanding the provisions of Article 2 of the Government Enterprise Budget Act. <Amended by Act No. 10436, Mar. 8, 2011> |
| (2) | Except as provided in this Act, the Government Enterprise Budget Act shall apply to the budgeting and accounting of the special accounts: Provided, That the Minister of Strategy and Finance may, taking into account the amount earned autonomously by responsible administrative agencies operating special accounts and characteristics of business affairs thereof, etc., allow them to accommodate the profit and loss account and capital account one another only in cases prescribed by Presidential Decree, such as urgent appropriation for operation expenses of an agency. <Amended by Act No. 10436, Mar. 8, 2011> |
| (3) | Where accommodation between the profit and loss account and capital account is made under the proviso to paragraph (2), the head of the controlling central administrative agency to which the relevant responsible administrative agencies operating special accounts belong shall submit the details thereof to the competent standing committee of the National Assembly on a quarterly basis by the last day of the month following the month wherein the last day of a quarter falls. <Newly Inserted by Act No. 10436, Mar. 8, 2011> |
| (4) | Where it is acknowledged as necessary for the operation of business, the head of a central administrative agency may have responsible administrative agencies operating special accounts jointly use revolving funds under Article 13 of the Government Enterprise Budget Act. <Amended by Act No. 10436, Mar. 8, 2011> |
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
| Article 31 Deleted. <by Act No. 9280, Dec. 31, 2008> |
| Article 32 (Revenues and Expenditures) |
| (1) | The revenues in the special accounts shall be as follows: |
| 1. | Earnings relating to the operation of business; |
| 2. | Balance carried forward from the previous year; |
| 3. | Transfers from other accounts; |
| 6. | Other earnings relating to business. |
| (2) | The expenditures in the special accounts shall be as follows: <Amended by Act No. 10436, Mar. 8, 2011> |
| 1. | Expenses incurred in operating and managing business; |
| 2. | Expenses incurred in purchasing, installing, managing and operating facilities, equipment, etc.; |
| 3. | Repayment of and interest on temporary loans; |
| 4. | Other disbursements, such as investments, subsidies, contributions, and loans |
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
| Article 33 (Transfer from General Accounts, etc.) |
| (1) | As for a responsible administrative agency operating special accounts having difficulty in operating business with its own earnings, the head of the central administrative agency may transfer ordinary expenses prescribed by Presidential Decree to the special accounts by appropriating them in the general accounts, etc. after the assessment of the deliberative committee. <Amended by Act No. 10436, Mar. 8, 2011> |
| (2) | The head of a central administrative agency may transfer expenses to be borne by the general accounts among the investment expenses involved in the business operational plan under Article 11 (2) to the special accounts by appropriating them in the general accounts, etc. aside from ordinary expenses under paragraph (1). |
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
| Article 34 (Guidelines on Compilation of Budget Bills) |
When preparing guidelines on the compilation of budget bills under Article 29 (1) of the National Finance Act, the Minister of Strategy and Finance may prepare separate guidelines after hearing the opinions of affiliated responsible administrative agencies and the heads of related central administrative agencies so that the unique characteristics of the affiliated responsible administrative agencies may be reflected. [This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
| Article 35 (Direct Use of Surplus Earnings) |
| (1) | Where earnings exceed or are expected to exceed the revenue budget of the special accounts or general accounts (hereinafter referred to as "surplus earnings"), the head of an agency may use the surplus earnings for expenses directly related to the surplus earnings and for indirect expenses deemed necessary for the performance of business of the agency, which are prescribed by Presidential Decree. <Amended by Act No. 9303, Dec. 31, 2008> |
| (2) | Deleted. <by Act No. 7259, Dec. 30, 2004> |
| (3) | Where the head of an agency has used surplus earning pursuant to paragraph (1), he/she shall notify the head of the controlling central administrative agency, the Minister of Strategy, and Finance, and the Board of Audit and Inspection of Korea thereof. <Amended by Act No. 9303, Dec. 31, 2008> |
[This Article Wholly Amended by Act No. 6666, Mar. 25, 2002]
| Article 36 (Budget Re-Allocation) |
| (2) | Where the head of an agency has reallocated budgets pursuant to paragraph (1), he/she shall send a detailed statement itemizing each amount and the grounds therefor to the head of the controlling central administrative agency, the Minister of Strategy and Finance, and the Board of Audit and Inspection of Korea. |
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
| Article 37 (Carryover of Budgets) |
| (1) | The expenses of ordinary character that have not been spent due to an unavoidable reason among the expenditure budget of the special accounts or general accounts for each fiscal year may be carried over to the following fiscal year for use within the extent prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
| Article 38 (Disposal of Profit and Loss) |
| (1) | Where a profit has accrued as a result of settlement of accounts for each fiscal year, it shall be accumulated as retained earnings in the special accounts, and where a deficit has accrued, it shall be supplemented with retained earnings. |
| (2) | The profit acknowledged by the deliberative committee or the Steering Committee for Responsible Administrative Agencies as having accrued because of the management ability of the head of an agency based on the result of settlement of accounts of the special accounts may be used within the purposes determined in the plan for the operation of business within the period of the plan. |
| (3) | Where a deficit has incurred as a result of settlement of accounts of the special accounts exceeds retained earnings, the excess amount shall be cleared as a deficit carried over. |
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
| Article 39 (Bearing Expenses) |
| (1) | The head of a central administrative agency may have the person who has incurred expenses bear such expenses falling under each of the following subparagraphs, such as the State, local governments, specific agencies or organizations, etc., as prescribed by Presidential Decree: |
| 1. | Expenses incurred in relation to business operated by an affiliated responsible administrative agency for national policy purposes or public purposes; |
| 2. | Expenses incurred where charges or fees for services by an affiliated responsible administrative agency are deducted or exempted. |
| (2) | Where local governments, specific agencies or organizations, etc. profit significantly from the business of affiliated responsible administrative agencies, the head of the central administrative agency may have a person who obtains profit bear a part of the business expenses. |
| (3) | Expenses that local governments, specific agencies or organizations, etc. have to bear under paragraphs (1) and (2) shall be determined after consultation between the heads of central administrative agencies, local governments, specific agencies or organizations, etc. |
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
| Article 39-2 (Special Cases concerning Receipt of Entrusted Articles) |
| (1) | Notwithstanding the provisions of the main sentence of Article 5 (2) of the Act on Collection and Use of Donations, the head of a responsible administrative agency prescribed by Presidential Decree may receive articles voluntarily entrusted (excluding money; hereafter the same shall apply in this Article) insofar as they conform to the purpose of business of such agency. |
| (2) | The scope of entrusting articles receivable under paragraph (1), procedures for receiving the entrusted articles, and matters necessary to restrict the receipt thereof shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 10436, Mar. 8, 2011]
CHAPTER III ESTABLISHMENT OF CENTRAL RESPONSIBLE ADMINISTRATIVE AGENCIES
SECTION 1 Heads of Central Responsible Administrative Agencies
| Article 40 (Term of Office of Head of Central Responsible Administrative Agency) |
The head of a central responsible administrative agency shall hold office for two years, and may be reappointed for one more term only.
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
| Article 41 (Duties of Head of Central Responsible Administrative Agency) |
The head of a central responsible administrative agency shall faithfully fulfill the objectives given by the Prime Minister under Article 42 (1), and shall endeavor to improve the public benefit and operational efficiency of the agency, to raise the economic efficiency in its financial affairs and to improve the quality of service. [This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
SECTION 2 Operation and Assessment
| Article 42 (Business Objectives, Business Operational Plan, etc.) |
| (1) | The Prime Minister shall determine business objectives for each central responsible administrative agency concerning raising economic efficiency in financial affairs, enhancing level of services, rationalizing management, etc. and give them to the heads of central responsible administrative agencies. |
| (2) | The heads of central responsible agencies shall establish business operational plans and annual business plans to achieve the business objectives provided in paragraph (1), and shall submit them to the Prime Minister through the heads of the controlling central administrative agencies within the period prescribed by Presidential Decree. |
| (3) | The annual business plans under paragraph (2) shall contain concrete business performance objectives to be achieved by central responsible administrative agencies and an index to objectively measure their performance. |
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
| Article 43 (Deliberative Committee on Operation of Central Responsible Administrative Agency) |
| (1) | A deliberative committee on the operation of a central responsible administrative agency (hereinafter referred to as "deliberative committee on operation") shall be established under the jurisdiction of the head of a central responsible administrative agency in order to assess business performance and to deliberate upon important matters concerning the operation of the agency. |
| (2) | The deliberative committee on operation shall deliberate upon the following matters: <Amended by Act No. 10436, Mar. 8, 2011> |
| 1. | Matters concerning the establishment of business objectives; |
| 2. | Matters concerning the establishment and modification of business operating plans and annual business plans; |
| 3. | Matters concerning recommendations for cancellation of designation of a central responsible administrative agency; |
| 4. | Other matters prescribed by Presidential Decree. |
| (3) | The deliberative committee on operation shall be comprised of up to nine members, including one chairperson. |
| (4) | The chairperson and members of the deliberative committee on operation shall be commissioned by the head of the central responsible administrative agency from among persons who have much knowledge and experience in the business affairs of the central responsible administrative agency and persons recommended by non-governmental organizations (referring to non-profit, non-governmental organizations defined in Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act). |
| (5) | The term of office of a member shall be two years. |
| (6) | Matters concerning procedures, methods, timing, etc. of assessment under paragraph (1) shall be determined by the Steering Committee for Responsible Administrative Agencies under Article 49. |
| (7) | Except as provided in this Act, matters necessary for the composition and operation of the deliberative committee on operation shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
| Article 44 Deleted. <by Act No. 9303, Dec. 31, 2008> |
| Article 45 (Utilization of Assessment Results) |
| (1) | The head of each central responsible administrative agency shall reflect the assessment results under Article 43 (1) when improving operation of the agency. |
| (2) | The head of each central responsible administrative agency shall publicly announce the results of the assessment of the central responsible administrative agency, as prescribed by Presidential Decree. |
| (3) | The head of each central responsible administrative agency may grant privileges in personnel management, such as commendation, to a public official who has contributed to the operation of the agency and to the improvement in business performance according to the assessment results. |
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
SECTION 3 Organization, Personnel, and Budget
| Article 46 (Organization and Quotas) |
Matters concerning the organization of and quotas for central responsible administrative agencies shall be as prescribed by the Government Organization Act and other statutes relating to government organizations. [This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
| Article 47 (Personnel Management) |
| (1) | The head of a central responsible administrative agency shall have full authority to appoint public officials under his/her jurisdiction, except for those belonging to the Senior Civil Service Corps, notwithstanding the provisions of Article 32 (1) and (2) of the State Public Officials Act or other statutes relating to the personnel management of public officials. |
| (2) | Examination for appointment of public officials belonging to a central responsible administrative agency shall be administered by the head of the central responsible administrative agency: Provided, That if deemed necessary, the head of the central responsible administrative agency may administer all or some of the examinations for appointment jointly with the head of another agency implementing examination or by entrusting it to the head of another agency prescribed by Presidential Decree. |
| (3) | Except as provided in paragraphs (1) and (2), matters concerning the personnel management of public officials belonging to a central responsible administrative agency shall be prescribed by the State Public Officials Act or other statutes concerning the personnel management of public officials. |
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
| Article 48 (Budgeting and Accounting) |
| (1) | The provisions of Section 5 of Chapter 2 (excluding Article 30 (4)) shall apply mutatis mutandis to matters concerning the budgeting and accounting of a central responsible administrative agency. In such cases, "the head of the central administrative agency" in Articles 29, 29-2, 33 (1) and (2), 34, 35 (3), 36 (2), and 39 (1) through (3) shall be respectively construed as "the head of the central responsible administrative agency;" and the "deliberative committee" in Articles 33 (1) and 38 (2) shall be respectively construed as the "deliberative committee on operation." <Amended by Act No. 10436, Mar. 8, 2011> |
| (2) | Notwithstanding the provisions of Article 35 (1), where the head of a central responsible administrative agency intends to use the surplus earnings in excess of the ratio prescribed by Presidential Decree, he/she shall prepare a statement detailing the grounds and amount and consult with the Minister of Strategy and Finance in advance. |
[This Article Wholly Amended by Act No. 9303, Dec. 31, 2008]
CHAPTER IV ESTABLISHMENT, OPERATION, ETC. OF THE STEERING COMMITTEE FOR RESPONSIBLE ADMINISTRATIVE AGENCIES
| Article 49 (Establishment, Functions, etc. of the Steering Committee for Responsible Administrative Agencies) |
| (1) | In order to deliberate upon important matters concerning whether to retain a responsible administrative agency, the improvement of the system, etc., a Steering Committee for Responsible Administrative Agencies (hereinafter referred to as the "Committee") shall be established under the jurisdiction of the Minister of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The Committee shall deliberate upon the following matters: <Amended by Act No. 10436, Mar. 8, 2011> |
| 1. | Matters concerning the establishment and modification of mid-term management plans; |
| 2. | Matters concerning the establishment of a responsible administrative agency and cancellation of the designation of a responsible administrative agency; |
| 3. | Matters concerning the selection of responsible administrative agencies operating special accounts and responsible administrative agencies which may receive entrusted articles under Article 39-2 (1); |
| 4. | Matters concerning the procedures, methods, deferment, etc. of assessing a responsible administrative agency; |
| 5. | Matters concerning the operation and improvement of system concerning a responsible administrative agency; |
| 6. | Other matters prescribed by Presidential Decree. |
| (3) | The Minister of the Interior and Safety may recommend the head of the relevant central administrative agency as to whether to retain an affiliated responsible administrative agency or other matters after consultation with the Minister of Strategy and Finance on the basis of the deliberation of the Committee and the results of a comprehensive assessment under Article 51. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (4) | The Chairperson of the Committee shall report to the Prime Minister on matters deliberated upon whether to retain a responsible administrative agency and the results of a comprehensive assessment under Article 51. |
| (5) | The Prime Minister may give directions on necessary matters concerning whether to retain a central responsible administrative agency, the improvement of the systems, etc., by taking into account reported matters pursuant to paragraph (4). |
[Newly Inserted by Act No. 9303, Dec. 31, 2008]
| Article 50 (Organization and Operation of the Committee) |
| (1) | The Committee shall be comprised of up to 15 members, including one Chairperson and one Vice Chairperson. |
| (2) | The Minister of the Interior and Safety shall be the Chairperson of the Committee and commission the Vice Chairperson from among the members under paragraph (3) 2. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | Persons referred to in the following subparagraphs shall be members of the Committee: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | Public officials of a rank equivalent to a Vice Minister at the related central administrative agencies prescribed by Presidential Decree; |
| 2. | Persons commissioned by the Minister of the Interior and Safety from among persons who have much knowledge and experience in the business affairs of a responsible administrative agency. |
| (4) | The terms of office of members referred to in paragraph (3) 2 shall be two years. |
| (5) | Except as provided in this Act, matters necessary for the organization and operation of the Committee, establishment of subcommittees, etc. shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 9303, Dec. 31, 2008]
| Article 51 (Comprehensive Assessment of Responsible Administrative Agencies) |
| (1) | The Committee shall comprehensively assess responsible administrative agencies for the operation and improvement of the responsible administrative agency system and judgment on whether to maintain an agency: Provided, That for an agency deemed especially excellent according to the results of a comprehensive assessment for two consecutive times, a comprehensive assessment may be deferred for a period not exceeding two years, as prescribed by Presidential Decree. <Amended by Act No. 10436, Mar. 8, 2011> |
| (2) | The Minister of the Interior and Safety may assist assessment processes by organizing or designating a separate assessment team, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Newly Inserted by Act No. 9303, Dec. 31, 2008]
| Article 52 (Utilization of Results of Comprehensive Assessment) |
| (1) | The head of responsible administrative agencies shall reflect the results of a comprehensive assessment conducted under Article 51 for the improvement of operation of the agencies. |
| (2) | The Minister of the Interior and Safety shall publicly announce the results of a comprehensive assessment, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | The Minister of the Interior and Safety may take measures, such as giving commendation and paying rewards, for excellent agencies according to the results of a comprehensive assessment. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (4) | The Minster of Strategy and Finance, the Minister of the Interior and Safety, and the head of the controlling central administrative agency may provide administrative and financial support necessary for the operation of the relevant responsible administrative agency based on the results of a comprehensive assessment. ＜Newly Inserted by Act No. 13461, Aug. 11, 2015; Act No. 14839, Jul. 26, 2017> |
[This Article Newly Inserted by Act No. 9303, Dec. 31, 2008]
| Article 53 (Special Cases concerning Assessment of Central Responsible Administrative Agencies) |
Notwithstanding the provisions of Articles 43 and 51, the assessment of central responsible administrative agencies may be substituted with an assessment conducted under the Framework Act on Public Service Evaluation where grounds prescribed by Presidential Decree exist, such as where no comparable agency, etc. exists. [This Article Newly Inserted by Act No. 9303, Dec. 31, 2008]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date prescribed by Presidential Decree, but, not beyond six months from the date of its promulgation: Provided, That the amended provisions of Chapter 6 (Articles 27 through 39) and Articles 2 through 4 of Addenda shall enter into force on January 1, 2000.
Article 2 Omitted.
Article 3 (Transitional Measures concerning Revenue, Expenditure and Settlement of Accounts)
| (1) | Previous provisions shall apply to the revenue, expenditure, and settlement of accounts of the special accounts (hereinafter referred to as "previous special accounts") for the year 1999 that are amended by the provisions under Article 2 of the Addenda. |
| (2) | The surplus in the settlement of accounts for the year 1999 of the previous special accounts shall be transferred to the revenue of the account of the special accounts of the responsible administrative agency for the year 2000. |
Article 4 (Succession of Property, etc.)
The State property, articles, claims and liabilities belonging to the previous special account shall be succeeded by the account of the special accounts of the responsible administrative agency.
ADDENDA <Act No. 5982, May 24, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 6400, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 6666, Mar. 25, 2002>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Devolvement of State Property, etc. to Special Accounts) The head of each central administrative agency shall devolve the State property and articles that are deemed necessary for the operation of a responsible administrative agency from among the State property and articles that are occupied, used or managed by the affiliated responsible administrative agency to the special accounts within one month from the date of promulgation of this Act after consultation with the head of agency. |
ADDENDUM <Act No. 7259, Dec. 30, 2004>
This Act shall enter into force on January 1, 2006: Provided, That the amended provisions of Articles 7 (3), 16 (1), and 30 (3) shall enter into force on July 1, 2005.
ADDENDUM <Act No. 7770, Dec. 29, 2005>
This Act shall enter into force on May 1, 2006: Provided, That the amended provisions of Articles 7 (5), 16 (limited to the matters concerning quotas and plans for quota), 19 (2), and 23 (1) shall enter into force on July 1, 2006, and the amended provisions of Article 48 shall enter into force on January 1, 2007, respectively.
ADDENDA <Act No. 8050, Oct. 4, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007. (Proviso Omitted.)
Articles 2 through 12 Omitted.
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.
ADDENDA <Act No. 9280, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2009.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 9303, Dec. 31, 2008>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Unification of Committees) Matters deliberated upon and assessed by the Steering Committee for affiliated responsible administrative agencies under the former Article 13 and by the Steering Committee for central responsible administrative agencies under the former Article 44 as at the time this Act enters into force shall be deemed to have been deliberated upon and assessed by the Steering Committee for responsible administrative agencies under Article 49 of this Act. |
ADDENDA <Act No. 10436, Mar. 8, 2011>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Enterprise-Type Responsible Administrative Agency) An enterprise-type responsible administrative agency provided for in the former Article 2 (3) 2 which exists as at the time this Act enters into force shall be deemed a responsible administrative agency operating special accounts until December 31, 2011. |
| (3) | (Transitional Measures concerning Cancellation of Employment Contracts) Notwithstanding the amended provisions of Article 8-2 (3) 2, the cancellation of an employment contract of the head of an agency shall be governed by the former provisions if a prosecution has already been brought against him/her for a criminal case as at the time this Act enters into force. |
ADDENDA <Act No. 10699, May 23, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11530, Dec. 11, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
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.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. Provided, That among the Acts amended by Article 6 of the Addenda, the amended part of an Act which was promulgated before the enforcement of this Act, but the date on which it enters into force has not yet arrived, shall enter into force on the enforcement date of the relevant Act, respectively.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13461, Aug. 11, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Approval of Basic Operational Regulations and Notification of Amended Matters)
The amended provisions of Article 10 (2) and (3) shall apply beginning with the first establishment or amendment of the basic operational regulations after the enforcement of this Act.
Article 3 (Transitional Measures concerning Removal of Head of Agency)
The previous provisions shall apply where the head of an agency falls under the ground referred to in the previous Article 8-2 (3) 3 before the enforcement of this Act.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended pursuant to Article 5 of this Addenda, amended parts of the Acts which were promulgated before this Act enters into force but the enforcement dates of which have not arrived, shall enter into force on the enforcement date of the relevant Act, respectively.
Articles 2 through 6 Omitted.