DEVELOPMENT OF INTER-KOREAN RELATIONS ACT
Act No. 7763, Dec. 29, 2005
Amended by Act No. 12584, May 20, 2014
Act No. 15431, Mar. 13, 2018
Act No. 17162, Mar. 31, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to provide for necessary matters concerning basic relations between South Korea and North Korea and the development of inter-Korean relations, so as to achieve peaceful unification prescribed in the Constitution of the Republic of Korea.
| Article 2 (Basic Principles) |
| (1) | The development of inter-Korean relations shall be promoted, pursuing the co-prosperity of two Koreas and peaceful unification on the Korean Peninsula, on the basis of the principles of independence, peace and democracy. |
| (2) | The development of inter-Korean relations shall be promoted in accordance with the principles of transparency and confidence, on the basis of the national consensus, and inter-Korean relations shall not be exploited as a means to fulfill political or partisan purposes. |
| Article 3 (Inter-Korean Relations) |
| (1) | Inter-Korean relations are not relations between nations, but special relations established temporarily in the course of pursuing unification. |
| (2) | Inter-Korean trade shall not be regarded as international trade, but as intranational trade. |
The terms used in this Act are defined be as follows:
| 1. | The term "representative of South-North Korean summit" means a person who participates in negotiations or summits with North Korea, or who has the authority to sign or initial South-North Korean agreements on behalf of the Government for a particular purpose; |
| 2. | The term "special envoy to North Korea" means a person who attends a major ceremony held in North Korea, conveys the position and recognition of the Government to North Korea for a particular purpose, or has the authority to sign or initial South-North Korean agreements with regard to the aforementioned activities; |
| 3. | The term "South-North Korean agreements" means all agreements concluded in the form of documents between the two Koreas. |
| Article 5 (Relationship with other Acts) |
The provisons concerning the representatives of the South-North Korean summit, special envoys to North Korea and dispatched public officials in this Act shall apply in preference to other Acts.
CHAPTER II DEVELOPMENT OF INTER-KOREAN RELATIONS AND OBLIGATIONS OF GOVERNMENT
| Article 6 (Promotion of Peace on the Korean Peninsula) |
| (1) | The Government shall endeavor to promote inter-Korean reconciliation and peace on the Korean Peninsula. |
| (2) | The Government shall formulate and implement policies for alleviating tension on the Korean Peninsula and building political and military confidence between South and North Korea. |
| Article 7 (Building Inter-Korean Economic Community) |
| (1) | The Government shall endeavor to build inter-Korean economic community through the balanced development of the national economy. |
| (2) | The Government shall formulate and implement policies to promote the economic benefits of South and North Korea, such as the activation of inter-Korean economic cooperation and the establishment of an institutional groundwork therefor. |
| Article 8 (Recovery of National Homogeneity) |
| (1) | The Government shall endeavor to recover national homogeneity, by activating exchanges and cooperation in the areas of society and culture. |
| (2) | The Government shall formulate and implement policies for promoting the mutual understanding between the two Koreas by expanding and developing exchanges and cooperation of local governments and private organizations or such and for developing Korean traditional culture. |
| Article 9 (Settlement of Humanitarian Problems) |
| (1) | The Government shall seek to settle humanitarian problems caused by the division of the Korean Peninsula and improve human rights. |
| (2) | The Government shall help in verifying survival or death and addresses of separated families, activate letter exchanges and the reunions of separated families, and formulate and implement policies for free visits and contacts for the long term. |
| Article 10 (Support for North Korea) |
| (1) | The Government may provide support to North Korea, when it is necessary in terms of humanitarianism and fraternity. |
| (2) | The Government shall formulate and implement comprehensive policies to ensure that support for North Korea is provided in an efficient, systematic and transparent manner. |
| Article 11 (Promotion of Cooperation in International Community) |
The Government shall endeavor to promote joint benefit of South Korea and North Korea in the international community through international organizations or international meetings, etc.
| Article 12 (Financial Obligations) |
The Government shall endeavor to secure financial resources necessary for fulfilling the State's obligations prescribed in this Act in a stable manner.
| Article 12-2 (Public Relations for Development of Inter-Korean Relations) |
| (1) | The Government shall devise and implement various schemes on public relations to expand public awareness on the necessity for the development of inter-Korean relations. |
| (2) | The Government shall develop and implement public participation projects for the development of inter-Korean relations to increase public understanding of and participation in the development of inter-Korean relations. |
| (3) | The Government shall disclose the results concerning the development of inter-Korean exchanges and relations by various means, as prescribed by relevant statutes and regulations. |
[This Article Newly Inserted on Mar. 13, 2018]
| Article 13 (Formulation of Master Plan on Development of Inter-Korean Relations) |
| (1) | The Government shall formulate a master plan (hereinafter referred to as "master plan") on the development of inter-Korean relations every five years. |
| (2) | The Minister of Unification shall finalize a master plan through deliberation by the Inter-Korean Relations Development Committee and the State Council: Provided, That a master plan accompanied by a budget shall obtain approval from the National Assembly. <Amended on May 20, 2014> |
| (3) | Each master plan shall include the following matters: |
| 1. | Basic direction of the development of inter-Korean relations; |
| 2. | Matters concerning the promotion of peace on the Korean Peninsula; |
| 3. | Matters concerning exchanges and cooperation between South Korea and North Korea; |
| 4. | Other matters necessary for the development of inter-Korean relations. |
| (4) | The Minister of Unification shall formulate annual implementation plans in accordance with a master plan, upon consultation with the heads of the relevant central administrative agencies. |
| (5) | Where the Minister of Unification formulates a master plan and annual implementation plans (hereinafter referred to as “master plan, etc.”) or amends important matters in the master plan, etc. prescribed by Presidential Decree, he/she shall report such plans to the National Assembly by any of the following deadlines: <Amended on Mar. 13, 2018> |
| 1. | Formulation of master plan, etc.: Before the opening of a regular session of the National Assembly; |
| 2. | Amendment to important matters in master plan, etc.: Within 30 days from the amendment. |
| Article 14 (Inter-Korean Relations Development Committee) |
| (1) | The Inter-Korean Relations Development Committee (hereinafter referred to as the "Committee") shall be established under the control of the Ministry of Unification, to deliberate on a master plan and other important matters for the development of inter-Korean relations. |
| (2) | The Committee shall be comprised of not more than 30 members, including a Chairperson, and the terms of office of members falling under paragraph (3) 2 shall be two years. <Amended on Mar. 31, 2020> |
| (3) | The Minister of Unification shall be the Chairperson, and persons falling under the following subparagraphs shall be members of the Committee: Provided, That the Speaker of the National Assembly shall recommend 10 members, from among members falling under subparagraph 2: <Amended on Mar. 31, 2020> |
| 1. | Vice-ministerial level public officials belonging to the relevant central administrative agencies prescribed by Presidential Decree; |
| 2. | Persons appointed by the Chairperson, from among persons with abundant expert knowledge and experience in inter-Korean relations. |
| (4) | The Committee shall have one administrative secretary, and the secretary shall be nominated by the Chairperson, from among public officials belonging to the Ministry of Unification. |
| (5) | Necessary matters concerning the composition and operation of the Committee, etc. shall be prescribed by Presidential Decree. |
CHAPTER III REPRESENTATIVES, ETC. OF SOUTH-NORTH KOREAN SUMMIT
| Article 15 (Appointment, etc. of Representatives of South-North Korean Summit) |
| (1) | The representatives of the South-North Korean summit, who participate in negotiations or summits with North Korea concerning important matters related to North Korea or who have the authority to sign or initial important South-North Korean agreements, shall be recommended by the Minister of Unification, in consultation with the heads of the relevant agencies, and shall be appointed by the President via the Prime Minister. |
| (2) | The Minister of Unification shall be the representative of the South-North Korean summit, in attending negotiations or summits with North Korea and signing or initialing South-North Korean agreements. |
| (3) | The representatives of South-North Korean summits shall be appointed by the Minister of Unification, excluding cases falling under paragraphs (1) and (2). |
| (4) | Special envoys to North Korea shall be appointed by the President. |
| (5) | When at least two representatives of South-North Korean summit or special envoys to North Korea are appointed, they shall be ranked and a senior representative of South-North Korean summit or a senior envoy to North Korea shall be nominated. |
| (6) | Other matters necessary for the appointment, etc. of the representatives of the South-North Korean summit or special envoys to North Korea shall be prescribed by Presidential Decree. |
| Article 16 (Secondment of Public Officials) |
| (1) | The Government may dispatch public officials to North Korea for a specific period and allow them to work in North Korea, if necessary for the development of inter-Korean relations. |
| (2) | No head of any State agency or local government shall take any disadvantageous measures against any public official dispatched to North Korea under paragraph (1) in personnel management and treatment for any reason of such dispatch. <Newly Inserted on Mar. 31, 2020> |
| (3) | Necessary matters concerning the dispatch and duties of public officials shall be prescribed by Presidential Decree. <Amended on Mar. 31, 2020> |
| Article 17 (Prohibition against Acts Representing Government) |
No one shall be engaged in any of the following activities, on behalf of the Government, unless otherwise prescribed in this Act:
| 1. | Taking part in negotiations or summits with North Korea; |
| 2. | Attending major ceremonies held in North Korea; |
| 3. | Conveying the position and recognition of the Government to North Korea; |
| 4. | Signing or initialing South-North Korean agreements. |
| Article 18 (Command, Supervision, etc.) |
| (1) | The Minister of Unification shall exercise necessary command and supervision concerning performance of duties by the representatives of the South-North Korean summit or dispatched public officials and holding the South-North Korean summits. |
| (2) | Other necessary matters, such as performance of the duties by the representatives of the South-North Korean summit or dispatched public officials and holding the South-North summits, shall be prescribed by Presidential Decree. |
| Article 19 (Honorable Treatment of Representatives, etc. of South-North Korean Summit, other than Public Officials) |
When the Government has appointed persons other than public officials as the representatives of the South-North Korean summit or special envoys to North Korea, it may treat such representatives or special envoys with respect and pay them stipends.
| Article 20 (Public Officials for the Application of Penalty Provisions) |
When persons appointed as representatives of the South-North Korean summit or special envoys to North Korea, other than public officials, perform duties under this Act, they shall be deemed public officials in application of the provisions of Articles 127 and 129 through 132 of the Criminal Act.
CHAPTER IV CONCLUSION OF SOUTH-NORTH KOREAN AGREEMENTS
| Article 21 (Conclusion or Ratification of South-North Korean Agreements) |
| (1) | The President shall conclude and ratify South-North Korean agreements, and the Minister of Unification shall assist the President in performing his/her duties related thereto. |
| (2) | The President shall undergo deliberation by the State Council, before ratifying each South-North Korean agreement. |
| (3) | The National Assembly shall have a right to consent to the conclusion and ratification of South-North Korean agreements which place heavy financial burdens on the State or nationals, or South-North Korean agreements concerning legislative matters. |
| (4) | South-North Korean agreements, which determine simple technical or procedural matters concerning the implementation of South-North Korean agreements already concluded or ratified by the President, may take effect only with the signatures of the representatives of the South-North Korean summit or special envoys to North Korea. |
| Article 22 (Promulgation of South-North Korean Agreements) |
South-North Koran agreements, which have been ratified by the National Assembly or have undergone deliberation by the State Council under Article 21, shall be promulgated by the President under the Act on the Promulgation of Statutes.
| Article 23 (Scope, etc. of Effects of South-North Korean Agreements) |
| (1) | South-North Korean agreements shall be only applicable to inter-Korean relations. |
| (2) | The President may suspend all or part of effects of each South-North Korean agreement for a fixed specific period, when significant changes occur in inter-Korean relations or when it is deemed necessary for national security, maintenance of order or public welfare. |
| (3) | The President shall obtain approval from the National Assembly, when he/she intends to suspend the effect of each South-North Korean agreement, the conclusion or ratification of which has been ratified by the National Assembly, under paragraph (2). |
ADDENDA <Act No. 7763, Dec. 29, 2005>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures) South-North Korean agreements concluded or ratified before this Act enters into force, with the consent from the National Assembly, shall be deemed South-North Korean agreements under this Act. |
ADDENDUM <Act No. 12584, Jun. 20, 2014>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 15431, Mar. 13, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 17162, Mar. 31, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Period of Service for Dispatched Public Officials)
The amended provisions of Article 16 (2) shall also apply to public officials who have been dispatched to North Korea before this Act enters into force.