CHAPTER I GENERAL PROVISIONS
| Article 2 (Request for Approval for Master Plan) |
Where the Minister of Unification intends to obtain approval from the National Assembly for a master plan on the development of inter-Korean relations (hereinafter referred to as "master plan") pursuant to the proviso of Article 13 (2) of the Development of Inter-Korean Relations Act (hereinafter referred to as the "Act"), he or she shall request approval therefor from the National Assembly within 45 days from the date the master plan has undergone deliberation by the State Council. <Amended by Presidential Decree No. 25730, Nov. 19, 2014>
| Article 3 (Public Notice of Master Plan and Annual Implementation Plans) |
| (1) | The Minister of Unification shall publicly notify, without delay, a master plan finalized pursuant to Article 13 (2) of the Act and annual implementation plans formulated pursuant to Article 13 (4) of the Act (hereinafter referred to as "annual implementation plans"), and may publish such plans through newspapers, broadcasting, websites, publications, etc., if deemed necessary: Provided, That the same shall not apply to matters non-disclosure of which is deemed necessary having regard to national security, the unique characteristics of inter-Korean relations, etc. |
[This Article Wholly Amended by Presidential Decree No. 29160, Sep. 11, 2018]
| Article 4 (Request for Cooperation from Relevant Central Administrative Agencies) |
If deemed necessary for formulating a master plan and annual implementation plans, the Minister of Unification may request the heads of relevant central administrative agencies to submit relevant materials. In such cases, the heads of relevant central administrative agencies shall comply with such request unless there is a compelling reason not to do so.
| Article 5 (Notification of Opinions on Formulation of Annual Implementation Plans) |
| (1) | In receipt of a request for consultations on the formulation of annual implementation plans from the Minister of Unification pursuant to Article 13 (4) of the Act, the heads of relevant central administrative agencies shall notify their opinions to the Minister of Unification within 30 days from the date such request for consultations has been made unless there is a compelling reason not to do so. <Amended by Presidential Decree No. 29160, Sep. 11, 2018> |
| (2) | The Minister of Unification shall inform the heads of relevant central administrative agencies of the master plan and annual implementation plans reported to the National Assembly pursuant to Article 13 (5) of the Act. <Newly Inserted by Presidential Decree No. 29160, Sep. 11, 2018> |
| Article 5-2 (Amendment to Master Plan and Annual Implementation Plans) |
| 1. | Policy goals prescribed in the master plan and annual implementation plans; |
| 2. | Key agendas prescribed in the master plan. |
| (2) | Articles 3 through 5 shall apply mutatis mutandis to matters necessary for public notice of amendments to a master plan and annual implementation plans, request for cooperation, notification of opinions, etc. |
[This Article Newly Inserted by Presidential Decree No. 29160, Sep. 11, 2018]
| Article 6 (Inspection of Annual Implementation Plans) |
| (1) | The heads of relevant central administrative agencies shall submit performance results of annual implementation plans to the Minister of Unification by the end of March of the following year. In such cases, the reason and countermeasures for an unimplemented project, if any, shall be included in the performance records. |
| (2) | The Minister of Unification shall comprehensively inspect the performance results submitted pursuant to paragraph (1) and notify the heads of relevant central administrative agencies of the results of the inspection, within 30 days from the date he or she conducted the inspection. |
| (3) | Where any matter needs to be confirmed in order to conduct the inspection under paragraph (2), the Minister of Unification may request the heads of relevant central administrative agencies to submit relevant materials. |
| (4) | Where the Minister of Unification discovers any unimplemented matter as a result of the inspection of performance records under paragraphs (1) through (3), he or she may request the heads of relevant central administrative agencies to take necessary measures to implement the matter. |
CHAPTER II INTER-KOREAN RELATIONS DEVELOPMENT COMMITTEE
| Article 7 (Matters Subject to Deliberation by Inter-Korean Relations Development Committee) |
The Inter-Korean Relations Development Committee referred to in Article 14 of the Act (hereinafter referred to as the "Committee") shall deliberate on the following: <Amended by Presidential Decree No. 25730, Nov. 19, 2014> | 1. | Matters concerning formulation or modification of a master plan or annual implementation plans; |
| 3. | Matters concerning important policies which need a budget or require enactment, amendment or repeal of statutes, concerned with the development of inter-Korean relations; |
| 4. | Any other important matters for the development of inter-Korean relations, which are referred by the Chairperson to the Committee, as deemed necessary. |
| Article 8 (Committee Members) |
"Vice-ministerial level public officials belonging to the relevant central administrative agencies prescribed by Presidential Decree" referred to in Article 14 (3) 1 of the Act means the following persons: <Amended by Presidential Decree No. 20721, Feb. 29, 2008; Presidential Decree No. 24422, Mar. 23, 2013> | 1. | Vice Minister of Economy and Finance; |
| 2. | Vice Minister of Unification; |
| 3. | Vice Minister of Foreign Affairs; |
| 4. | Vice Minister of Justice; |
| 5. | Vice Minister of National Defense; |
| 6. | Vice Minister of Culture, Sports and Tourism; |
| 7. | Vice Minister of Agriculture, Food and Rural Affairs; |
| 8. | Vice Minister of Trade, Industry and Energy; |
| 9. | Vice Minister of Land, Infrastructure and Transport; |
| 10. | Deleted; <by Presidential Decree No. 20721, Feb. 29, 2008> |
| 11. | Deputy Director of the National Intelligence Service; |
| 12. | Up to four vice-ministerial level public officials of relevant central administrative agencies, who are designated by the Chairperson in relation to matters subject to deliberation by the Committee. |
| Article 8-2 (Dismissal of Members) |
| 1. | The member is unable to perform his or her duties due to physical or mental disabilities; |
| 2. | The member commits any misdeed in relation to his or her duties; |
| 3. | The member is deemed unfit as a member due to neglect of duties or injury to dignity; |
| 4. | The member voluntarily shows his or her intention that it is impracticable to perform his or her duties. |
[This Article Newly Inserted by Presidential Decree No. 27129, May 10, 2016]
| Article 9 (Operation of Committee) |
| (1) | The Chairperson shall convene and preside over the meetings of the Committee. |
| (2) | Where the Chairperson intends to convene a meeting, he or she shall determine the date and place of the meeting and agenda items to be presented and notify, in writing, each member thereof by no later than five days before the meeting is held: Provided, That the same shall not apply where the meeting is urgent or unavoidable causes exist. |
| (3) | Where the Chairperson is unable to perform his or her duties due to any unavoidable cause, a member designated by the Chairperson in advance shall act for the Chairperson. |
| (4) | A majority of the members of the Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present. |
| (5) | Allowances may be provided, and travel expenses reimbursed, within the budget to members who attend a Committee meeting: Provided, That the same shall not apply to a public official who attends a Committee meeting in direct relation to his or her duties. |
| (6) | The Chairperson shall prepare and keep minutes in the Committee. |
| Article 10 (Hearing of Opinions) |
| (1) | If deemed necessary for performing the affairs of the Committee, the Chairperson may request relevant public officials, experts, etc. to submit materials or opinions in writing or to attend a meeting of the Committee to hear their opinions. |
| (2) | Allowances may be provided, and travel expenses reimbursed, within the budget to a person who submits materials or opinions in writing or attend a meeting of the Committee to express his or her opinions pursuant to paragraph (1): Provided, That the same shall not apply to a public official who submits materials or opinions in writing or attends a meeting to express his or her opinions in direct relation to his or her duties. |
| Article 11 (Composition of Working Committee) |
| (1) | The Chairperson may establish a working committee in the Committee to deliberate on the following: |
| 1. | Prior examination of matters subject to deliberation by the Committee under Article 7; |
| 2. | Affairs delegated by the Committee; |
| 3. | Any other matters submitted by the Chairperson of the Committee or the chairperson of the working committee, in relation to prior examination or adjustment of a proposal of the Committee. |
| (2) | The working committee shall be comprised of up to 15 members, including one chairperson; and the Vice Minister of Unification shall serve as the chairperson of the working committee, and persons, each of whom is designated by the head of each relevant central administrative agency referred to in Article 8 from among public officials belonging to the Senior Executive Service under his or her jurisdiction (including public officials of the Ministry of Foreign Affairs and Trade and the National Intelligence Service corresponding thereto), shall be members of the working committee. |
| (3) | If deemed necessary, the chairperson of the working committee may have a civilian member of the Committee attend any meeting of the working committee. |
| (4) | Articles 9 and 10 shall apply mutatis mutandis to the working committee. |
| Article 12 (Detailed Operational Rules) |
Except as otherwise provided for in this Decree, matters necessary for the operation of the Committee shall be determined by the Chairperson following resolution by the Committee.
CHAPTER III REPRESENTATIVES OF SOUTH-NORTH DIALOGUE
| Article 13 (Performing Duties in accordance with Government Guidelines) |
If deemed necessary for seamless performance duties during the period of the South-North dialogue or the period of a special envoy's visit to North Korea, the senior representative of the South-North dialogue or the senior envoy to North Korea referred to in Article 15 (5) of the Act shall request the Minister of Unification to provide necessary Government guidelines and perform his or her duties in accordance with the guidelines.
| Article 14 (Support for Representatives of South-North Dialogue) |
| (1) | If deemed necessary to assist representatives of the South-North dialogue or special envoys to North Korea, the Minister of Unification may assist them by providing suites, consultants, supporting manpower, etc. (hereinafter referred to as "suites, etc.") |
| (2) | The Minister of Unification may pay a fixed amount of activity expenses within the budget to the representatives of the South-North dialogue, special envoys to North Korea, suites, etc. so that they can perform their duties smoothly. |
| (3) | Where the President intends to appoint special envoys to North Korea pursuant to Article 15 (4) of the Act, the Minister of Unification shall provide necessary support in relation to appointment procedures and performance of their duties. |
| (4) | Where persons other than public officials are appointed as representatives of the South-North dialogue or special envoys to North Korea pursuant to Article 19 of the Act, they shall be treated with respect in a manner similar to representatives of the South-North dialogue or special envoys to North Korea who are public officials; allowances may be provided to them within the budget in the light of the nature and period of the dialogue, positions, etc. of the appointed persons; and matters necessary for honorable treatment, provision of allowances, etc. shall be separately determined by the Minister of Unification. |
| Article 15 (Issuance of Credentials) |
Credentials may be issued to the representatives of the South-North dialogue or the special envoys to North Korea appointed pursuant to Article 15 of the Act. In such cases, credentials for the representatives of the South-North dialogue or the special envoys to North Korea appointed by the President pursuant to Article 15 (1) of the Act shall be signed by the President and countersigned by the Prime Minister and the Minister of Unification (only if necessary), while credentials for the representatives of the South-North dialogue appointed by the Minister of Unification pursuant to Article 15 (3) of the Act shall be signed by the Minister of Unification.
| Article 16 (Terms of Office of Special Envoys to North Korea) |
| (1) | Except as otherwise expressly provided for in other statutes and regulations, special envoys to North Korea and representatives of the South-North dialogue other than public officials shall serve until their duties are completed. |
| (2) | A representative of the South-North dialogue who is a public official shall serve until his or her position at the time of his or her appointment as a representative of the South-North dialogue is changed: Provided, That where his or her position is changed during the period of the South-North dialogue, he or she may be permitted to continuously perform his or her duties as a representative of the South-North dialogue until the period of the dialogue ends. |
| (3) | Where the duties of a representative of the South-North dialogue are finished pursuant to paragraph (2), a person who succeeds to the representative's position may be permitted to perform the duties of the representative of the South-North dialogue until a new representative of the South-North dialogue is appointed. |
| Article 17 (Consultations for Operation of South-North Dialogue) |
| (1) | If necessary to hold consultations on matters concerning the operation of an important South-North dialogue, including the inter-Korean summit, or the dispatch of special envoys to North Korea, the Minister of Unification may operate a consultative body where the heads of relevant central administrative agencies, vice-ministerial level public officials, etc. participate. |
| (2) | The Minister of Unification may request the heads, etc. of relevant central administrative agencies to provide cooperation necessary to operate and support the North-South dialogue or any other occasion jointly held or participated in by South and North Korea. In such cases, the heads, etc. of the relevant central administrative agencies shall comply with such request unless there is a compelling reason not to do so. <Amended by Presidential Decree No. 29160, Sep. 11, 2018> |
| Article 18 (Dispatch of Public Officials to North Korea) |
| (1) | In any of the following cases, the Minister of Unification may dispatch public officials of the Ministry of Unification or those dispatched by the heads of other state agencies or the heads of local governments to North Korea to serve there for a specified period, pursuant to Article 16 (1) of the Act: |
| 1. | Where a joint inter-Korean body agreed upon between South and North Korea is established and operated in North Korea; |
| 2. | Where the dispatch of public officials is particularly necessary to provide national support for South Korea's non-governmental bodies or organizations working in North Korea; |
| 3. | Any other cases where the Minister of Unification deems it necessary for public officials to serve in North Korea for a specified period for the development of inter-Korean relations. |
| (2) | Where the Minister of Unification dispatches public officials to North Korea pursuant to paragraph (1), he or she may establish a necessary agency to perform the relevant affairs seamlessly, as prescribed by the Government Organization Act. |
| (3) | If necessary to perform the affairs referred to in paragraph (1), the Minister of Unification may request the heads of other state agencies or the heads of local governments to recommend public officials to be dispatched to the Ministry of Unification, expressly describing the details of the duties, the number of persons required, positions, etc. |
| (4) | Where public officials recommended pursuant to paragraph (3) are deemed inappropriate for performing the duties in North Korea, the Minister of Unification may request recommendation of other public officials. |
| Article 19 (Period of Dispatch Service in North Korea) |
| (1) | The period of dispatch service in North Korea shall not exceed three years: Provided, That the period may be extended by up to two years, if particularly necessary for performing relevant affairs. |
| (2) | If requested by the head, etc. of the relevant agency or if a dispatched public official is deemed unable to perform his or her duties due to any unavoidable cause, during the service period of the dispatched public official, the Minister of Unification may return him or her to his or her original position. |
CHAPTER IV PROMULGATION OF SOUTH-NORTH KOREAN AGREEMENTS
| Article 20 (Examination of Draft South-North Korean Agreements by Ministry of Government Legislation) |
| (1) | The Ministry of Unification shall request the Minister of Government Legislation to examine a draft South-North Korean agreement before presenting it to the State Council. |
| (2) | Where the Minister of Government Legislation deems that the details of the draft South-North Korean agreement he or she was requested to examine pursuant to paragraph (1) are likely to violate the Constitution or have obvious legal problems, he or she may return the agreement, expressly stating the reason therefor. |
| Article 21 (Promulgation of South-North Korean Agreements) |
| (1) | A statement that any promulgated South-North Korean agreement concluded and ratified pursuant to Article 21 of the Act has obtained approval from the National Assembly or has undergone deliberation by the State Council shall be made in its preamble; and the South-North Korean agreement shall be signed and sealed by the President and then countersigned by the Prime Minister and relevant members of the State Council, expressly specifying the date. |
| (2) | South-North Korean agreements shall be promulgated after giving them a number according to the dates of signature of the President under paragraph (1). |
| Article 22 (Management of South-North Korean Agreements) |
The Minister of Unification shall manage the original copies of South-North Korean agreements promulgated pursuant to Article 22 of the Act, and matters necessary for managing the South-North Korean agreements shall be determined by the Minister of Unification.
| Article 23 (Suspension of Effects of South-North Korean Agreements) |
| (1) | Where the President intends to suspend effects of any South-North Korean agreement pursuant to Article 23 (2) of the Act, he or she shall refer it to the State Council for deliberation and notify North Korea of the suspension thereof: Provided, That where the President needs to obtain approval for the suspension from the National Assembly pursuant to Article 23 (3) of the Act, he or she shall notify North Korea of the suspension after suspending the effects. |
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20721, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 24422, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 25730, Nov. 19, 2014>
This Decree shall enter into force on November 21, 2014.
ADDENDUM <Presidential Decree No. 27129, May 10, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 29160, Sep. 11, 2018>
This Decree shall enter into force on September 14, 2018.