ACT ON PROMOTION OF THE PARLIAMENTARIANS' SOCIETY OF THE REPUBLIC OF KOREA
Act No. 4386, May 31, 1991
Amended by Act No. 10050, Mar. 12, 2010
Act No. 12110, Aug. 13, 2013
Act No. 13796, Jan. 19, 2016
Act No. 15712, jun. 12, 2018
The purpose of this Act is to contribute to the development of democratic constitutionalism by protecting and promoting the Republic of Korean Parliamentarian Society, being an incorporated association.
[This Article Wholly Amended by Act No. 15712, Jun. 12, 2018]
| Article 2 (Contribution of Subsidies) |
| (1) | The State or a local government may contribute subsidies to the Republic of Korean Parliamentarian Society as an incorporated association (hereinafter referred to as the "Parliamentarian Society") in order to raise funds and meet expenses, etc. necessary for operation of the Parliamentarian Society and support to senior members thereof (referring to persons at least aged 65; hereinafter the same shall apply). |
| (2) | The Parliamentarian Society may receive monetary or other property contributions from individuals, corporations or organizations. |
[This Article Wholly Amended by Act No. 15712, Jun. 12, 2018]
| Article 2-2 (Stipends for Senior Members) |
| (1) | The Parliamentarian Society may pay stipends (hereinafter referred to as "stipends for senior members") to its senior members (limited to senior members who served as member of the National Assembly on or before May 29, 2012. Hereinafter the same shall apply.): Provided, That this shall not apply to any of the following: <Amended by Act No. 12110, Aug. 13, 2013; Act No. 13796, Jan. 19, 2016> |
| 1. | A former or the current president; |
| 2. | A person who has served as member of the National Assembly for less than one year (except where the term of office of a member of the National Assembly is reduced or expired due to an amendment to the Constitution or a dissolution of the National Assembly); |
| 4. | An executive or employee who receives a set of remuneration, subsidization of business operation or other activities of a similar nature each month from a local government or a local government-controlled enterprise, local government-invested public corporation or local government public corporation established under the Local Public Enterprises Act; |
| 6. | A person who has lost Republic of Korea nationality; |
| 7. | A member who has been removed from office while serving as a member of the National Assembly upon being expelled or receiving a final and conclusive verdict of guilty; |
| 8. | A person sentenced to imprisonment without labor or heavier punishment upon receiving a final and conclusive verdict of guilty as of the payment date of stipends for senior members and has not finished or been exempted from execution thereof; |
| 9. | A person whose monthly average household income computed by aggregating the global income classified in Article 4 (1) 1 of the Income Tax Act (aggregating the income of all persons registered in the resident registration card of the household to which the relevant senior member belongs, which is prepared under Article 7 of the Resident Registration Act: Provided, That half of the annuity income and the income of any cohabitant shall be excluded; hereinafter the same shall apply) exceeds the monthly average income per household of city workers in the preceding year; |
| 10. | A person whose net assets computed by subtracting the value of liabilities (referring to loans from financial institutions, borrowings from public institutions, tenancy bonds, borrowings from mutual aid associations under Acts or subordinate statutes, or private loans verified by the court) from the aggregate value of financial assets defined in subparagraph 2 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality, which are held by the relevant senior member or his/her spouse, and the price of real estate officially announced under the Act on the Public Announcement of Real Estate Values exceed the standard amount set by the articles of association: Provided, That consideration shall be given to fairness for persons falling under subparagraph 9 and other factors in setting the standard amount by the articles of association; |
| 11. | A person who has been expelled or whose qualification has been suspended pursuant to the disciplinary regulations of members of the Parliamentarian Society; |
| 12. | A person who becomes ineligible for payment as stipulated by the articles of association. |
| (2) | Notwithstanding paragraph (1), the Parliamentarian Society may choose to pay a senior member falling under paragraph (1) 9 stipends for senior members in the amount computed by subtracting the monthly average household income of the senior member in the preceding year from the aggregate of the monthly average income per household of city workers and the monthly stipends for senior members, as stipulated by the articles of association. <Newly Inserted by Act No. 12110, Aug. 13, 2013> |
| (3) | The amount of stipends for senior members to be paid, procedures for payment, the standard amount referred to in paragraph (1) 10, and the amount to be paid under paragraph (2) and other necessary matters may be stipulated by the articles of association. <Amended by Act No. 12110, Aug. 13, 2013> |
| (4) | The chairperson of the Parliamentarian Society shall investigate whether its senior members fall under any subparagraph of paragraph (1) at least once a year. <Newly Inserted by Act No. 12110, Aug. 13, 2013> |
| (5) | Where necessary to conduct investigations under paragraph (4), the chairperson of the Parliamentarian Society may request the heads of State agencies, public service-related organizations, other public institutions, or finance companies, etc. (referring to finance companies, etc. as defined in subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality and credit information concentration institutions registered under Article 25 of the Credit Information Use and Protection Act; hereinafter the same shall apply) to provide relevant data with the consent of the relevant person, and the heads of agencies, organizations, or institutions so requested shall provide such data without delay unless otherwise provided for in other Acts. <Amended by Act No. 12110, Aug. 13, 2013> |
| (6) | The Parliamentarian Society shall not pay a senior member his/her stipends if it cannot ascertain whether the senior member falls under any subparagraph of paragraph (1) as he/she refuses to give consent required under paragraph (5) when conducting an investigation under paragraph (4). <Newly Inserted by Act No. 12110, Aug. 13, 2013> |
[This Article Newly Inserted by Act No. 10050, Mar. 12, 2010]
| Article 3 (Lending State or Public Property, etc.) |
| (1) | If necessary to support the Parliamentarian Society, the State or local governments may lend State or public property to the Parliamentarian Society or allow the Parliamentarian Society to use such property or to make profit therefrom rent-free within the extent that it does not defeat the purpose of use of State or public property. |
| (2) | Where State or public property is lent or allowed to be used or make profit rent-free under paragraph (1), the details, terms, procedures, etc. thereof shall be laid down in a contract between the management agency of the relevant property and the Parliamentarian Society. |
[This Article Wholly Amended by Act No. 15712, Jun. 12, 2018]
| Article 4 (Approval for Business Plans, etc.) |
| (1) | The Parliamentarian Society shall prepare a business plan and budget bill for each fiscal year, submit them to the Speaker of the National Assembly, and obtain approval therefrom. The same shall apply to any modification thereof. |
| (2) | The Parliamentarian Society may engage in a profit-making business necessary for achieving the objectives of the Parliamentarian Society after approval by the Speaker of the National Assembly. |
[This Article Wholly Amended by Act No. 15712, Jun. 12, 2018]
| Article 5 (Reports on Statements of Accounts, etc.) |
| (1) | The Parliamentarian Society shall prepare a report on the settlement of accounts of revenue and expenditure for each fiscal year, along with a report on business performance for the relevant year and submit them to the Speaker of the National Assembly by not later than the end of March of the following year. |
| (2) | The report on the settlement of accounts of revenue and expenditure pursuant to paragraph (1) shall be accompanied by an audit report prepared by a certified public accountant designated by the Speaker of the National Assembly. |
[This Article Wholly Amended by Act No. 15712, Jun. 12, 2018]
| Article 6 (Prohibition of Use of Similar Titles) |
No entity, other than the Parliamentarian Society under this Act, shall use the title, “Parliamentarian Society of the Republic of Korea” or similar titles.
[This Article Wholly Amended by Act No. 15712, Jun. 12, 2018]
| Article 7 (Divestiture of Residual Property) |
[This Article Wholly Amended by Act No. 15712, Jun. 12, 2018]
| Article 8 (Fines for Negligence) |
Any person who violates Article 6 shall be punished by a fine for negligence not exceeding one million won. [This Article Wholly Amended by Act No. 15712, Jun. 12, 2018]
ADDENDUM
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 10050, Mar. 12, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12110, Aug. 13, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2014.
Article 2 (Preparatory Activities to Enforce this Act)
| (1) | The chairperson of the Parliamentarian Society shall finish investigating whether its senior members fall under any subparagraph of Article 2-2 (1) before this Act enters into force. |
| (2) | The chairperson of the Parliamentarian Society may request the heads of State agencies, public service-related organizations, other public institutions, finance companies, etc. to provide relevant data with the consent of the relevant person, and the heads of agencies, organizations or institutions so requested shall provide such data without delay unless otherwise provided for in other Acts, where necessary for conducting an investigation under paragraph (1). |
Article 3 (Applicability)
The amended provisions of Article 2-2 (1) and (2) shall only apply to persons paid stipends for senior members at the time when this Act enters into force: Provided, That if a person who is not accepting stipends for senior members at the time when this Act enters into force (excluding elected members of the National Assembly) becomes ineligible under any subparagraph of Article 2-2 (1) after this Act enters into force, and served as a member of the National Assembly on or before May 29, 2012, and has accepted stipends for senor members, he/she becomes entitled to stipends for senior members, as provided for in this Act.
ADDENDA <Act No. 13796, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2016.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 15712, Jun. 12, 2018>
This Act shall enter into force on the date of its promulgation.