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ACT ON THE MANAGEMENT OF PRESIDENTIAL ARCHIVES

Act No. 8395, Apr. 27, 2007

Amended by Act No. 9401, Jan. 30, 2009

Act No. 10009, Feb. 4, 2010

Act No. 17573, Dec. 8, 2020

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to heighten the transparency and accountability of national administration by prescribing matters necessary for the efficient management of Presidential records, such as the protection, preservation, utilization, etc. of Presidential records and the establishment and operation of the Presidential Archives.
 Article 2 (Definitions)
The terms used in this Act are defined as follows: <Amended on Feb. 4, 2010; Dec. 8, 2020>
1. The term "Presidential records" means records and materials created and received by the following institutions concerning the performance of duties of the President (including acting President prescribed in Article 71 of the Constitution of the Republic of Korea and President-elect prescribed in Article 67 of the Constitution of the Republic of Korea and Article 187 of the Public Official Election Act; hereinafter the same shall apply):
(a) President;
(b) Institutions, the function of which is to assist, advise or guard the President;
(c) Presidential transitional committee prescribed in Article 6 of the Presidential Transitional Act (hereinafter referred to as "Presidential transitional institutions");
1-2. The term "records and materials" in subparagraph 1 means the following:
(a) Records prescribed in subparagraph 2 of Article 3 of the Act on the Management of Public Archives (hereinafter referred to as "records");
(b) Presidential symbols worthy of preservation at a national level (referring to materials, administrative materials, etc. on which patterns symbolizing the President are engraved; hereinafter the same shall apply);
(c) Presidential gifts [referring to gifts received from citizens (including domestic organizations) in connection with the performance of duties of the President, which are worthy of preservation at a national level, and gifts prescribed in Article 15 of the Public Service Ethics Act];
2. The term "Presidential Archives" means an institution that manages Presidential records permanently, equipped with facilities and equipment necessary for the permanent preservation of Presidential records and specialists for the operation thereof;
3. The term "private records" means private diaries, journals, records related to private political activities, etc., which are private records of the President not directly related to the duties of the President or do not directly affect the performance of such duties.
 Article 3 (Ownership)
The ownership of Presidential records shall belong to the State, and the State shall manage Presidential records, as prescribed by this Act.
 Article 4 (Relationship to Other Statutes)
Taking precedence over other Acts, this Act shall apply to the management of Presidential records, and the Act on the Management of Public Archives (hereinafter referred to as "Act on the Management of Public Archives") shall apply to matters not prescribed by this Act. <Amended on Dec. 8, 2020>
CHAPTER Ⅱ SPECIAL COMMITTEE FOR MANAGEMENT OF PRESIDENTIAL RECORDS
 Article 5 (Special Committee for Management of Presidential Records)
(1) In order to deliberate on matters concerning the management of Presidential records, the National Records Management Committee prescribed in Article 15 (1) of the Act on the Management of Public Archives (hereinafter referred to as "national records management committee") shall have a Special Committee for the Management of Presidential Records. <Amended on Feb. 4, 2010; Dec. 8, 2020>
(2) The Special Committee for the Management of Presidential Records prescribed in paragraph (1) (hereinafter referred to as "special committee") shall deliberate on the following matters: <Amended on Feb. 4, 2010; Dec. 8, 2020>
1. Basic policy on the management of Presidential records and perusal thereof by former Presidents;
2. Approval for the destruction of Presidential records and the extension of time of transfer thereof;
3. Designation of a proxy or person entitled to peruse, etc. under Article 18 (3);
4. Rescission of protective measures of Presidentially designated records prescribed in Article 18-2);
5. Reclassification of confidential records and Presidential records subject to non-disclosure;
6. Matters concerning the establishment of individual Presidential Archives;
7. Important matters concerning the operation of Presidential Archives;
8. Other matters concerning the management of Presidential records.
(3) The special committee shall be comprised of nine members or less including a chairperson, and the chairperson shall be appointed or commissioned by the chairperson of the National Records Management Committee from among the following persons: Provided, That no less than 1/2 of the members shall be commissioned from among persons under subparagraph 3: <Amended on Feb. 4, 2010; Dec. 8, 2020>
1. Members of the National Records Management Committee;
2. Head of the Presidential Archives;
3. Persons with extensive knowledge of and experience in Presidential records.
(4) The chairperson of the special committee shall be designated by the chairperson of the National Records Management Committee from among members under paragraph (3). <Amended on Feb. 4, 2010>
(5) The term of office of members, other than public officials, shall be three years.
(6) Where a member of the special committee falls under any of the following, the chairperson of the National Records Management Committee may dismiss or decommission the relevant member from office: <Newly Inserted on Dec. 8, 2020>
1. Where the member becomes unable to perform the duties due to mental or physical disability;
2. When the member is prosecuted in a criminal case relating to his or her duties;
3. Where the member voluntarily expresses his or her intention that it is impracticable to perform his or her duties;
4. Where the member is deemed unfit to serve as a member due to dereliction of duty, injury to dignity, or other reasons.
(7) In order to support the affairs of the special committee, the special committee shall have one executive secretary who is designated by the chairperson of the special committee from among public officials belonging to the Presidential Archives. <Amended on Feb. 4, 2010; Dec. 8, 2020>
(8) Matters deliberated on by the special committee among matters prescribed in subparagraphs 2 through 8 of paragraph (2) shall be deemed to have been deliberated on by the National Records Management Committee prescribed in Article 15 of the Act on the Management of Public Archives.<Amended on Feb. 4, 2010; Dec. 8, 2020>
(9) Matters necessary for the composition, operation, etc. of the special committee shall be prescribed by Presidential Decree. <Amended on Feb. 4, 2010; Dec. 8, 2020>
[Title Amended on Feb. 4, 2010]
 Article 6 (Maintenance of Political Neutrality of Members)
In performing duties pertaining to their authority, the members of the special committee shall maintain political neutrality and the independence and objectivity of duties. <Amended on Feb. 4, 2010>
CHAPTER Ⅲ MANAGEMENT OF PRESIDENTIAL RECORDS
 Article 7 (Principles of Creation and Management)
(1) The President and the heads of institutions prescribed in subparagraph 1 (b) and (c) of Article 2 shall have all the process and results relating to the performance of duties by the President created and managed as records.
(2) The head of the Presidential Archives shall ensure that Presidential records are thoroughly collected and maintained and sufficiently disclosed and utilized. <Amended on Dec. 8, 2020>
 Article 8 (Electronic Creation and Management)
The heads of institutions prescribed in subparagraph 1 (b) and (c) of Article 2 (hereinafter referred to as "Presidential record creation institutions"), record repositories of Presidential record creation institutions and the Presidential Archives shall have Presidential records created and managed electronically, and have records not created in electronic form managed electronically.
 Article 9 (Record Repositories of Presidential Record Creation Institutions)
(1) The heads of Presidential record creation institutions shall establish and operate a record repository, as prescribed by Presidential Decree, for systematic management of Presidential records: Provided, That in cases of Presidential record creation institutions in which the establishment of a record repository is difficult, the record repository established by institutions assisting the President shall perform duties prescribed in paragraph (2) 1 through 3, 5 and 6.
(2) The heads of record repositories of Presidential record creation institutions shall perform the following duties: <Amended on Dec. 8, 2020>
1. Establishment and implementation of a basic plan concerning the management of Presidential records of relevant institutions;
2. Collection, management, utilization, and destruction of Presidential records of relevant institutions;
3. Transfer of Presidential records to the Presidential Archives;
4. Receipt of information disclosure of Presidential records of the relevant institutions;
5. Guidance and supervision of and support to the management of Presidential records of the competent Presidential record creation institutions;
6. Other matters concerning the management of Presidential records.
(3) For the efficient performance of the duties prescribed in paragraphs (1) and (2), the head of the Presidential Archives may provide necessary support to Presidential record creation institutions, such as dispatching professional personnel for records management. <Newly Inserted on Dec. 8, 2020>
 Article 10 (Notification of Present Status of Creation)
(1) In order to facilitate the collection and transfer of Presidential records, the heads of Presidential record creation institutions shall notify the heads of competent record repositories of the present status of creation of Presidential records every year, and the heads of competent record repositories shall do so to the head of the Presidential Archives: Provided, That in cases of the present status of creation for the year in which the term of office of the President expires and that for the year preceding such year (it may be replaced by a list of Presidential records subject to transfer), the present status shall be notified before the term of office of the President expires. <Amended on Dec. 8, 2020>
(2) The head of the Presidential Archives may confirm and check the present status of the creation and management of Presidential records of Presidential record creation institutions, and shall publicly announce the present status of creation of Presidential records notified by the heads of competent record repositories of Presidential record creation institutions pursuant to paragraph (1) on its website. <Newly Inserted on Dec. 8, 2020>
(3) Matters necessary for procedures for the methods, time and public announcement, etc. of notifying the present status of creation of Presidential records shall be prescribed by Presidential Decree. <Amended on Dec. 8, 2020>
 Article 11 (Transfer)
(1) The heads of Presidential record creation institutions shall transfer Presidential records to the competent record repositories within the period prescribed by Presidential Decree, and the competent record repositories shall transfer Presidential records subject to transfer to the Presidential Archives before the term of office of the President expires: Provided, That the records of the Presidential transition institutions shall be transferred to the competent record repositories of institutions assisting the President under subparagraph 1 (b) of Article 2 (hereafter referred to as "record repositories of institutions assisting the President" in this Article) before the period of existence prescribed in Article 6 of the Presidential Transition Act expires. <Amended on Dec. 8, 2020>
(2) The heads of the record repository of institutions assisting the President in receipt of the transfer of Presidential records pursuant to the proviso of paragraph (1) shall notify the head of the Presidential Archives of the present status of the records transferred (referring to the present status of creation under Article 10). <Amended on Dec. 8, 2020>
(3) When the heads of institutions advising the President and institutions guarding the President under subparagraph 1 (b) of Article 2 (hereafter referred to as “institutions advising and guarding the President” in this Article) intend to extend the time of transfer of Presidential records in order to utilize them for performing their duties, notwithstanding paragraph (1), they may request the head of the Presidential Archives to extend the time of transfer, as prescribed by Presidential Decree. In such cases, the head of the Presidential Archives may separately determine the time of transfer in consultation with the head of institutions advising and guarding the President within the period of up to 10 years after the term of office of the President expires. <Amended on Dec. 8, 2020>
(4) The heads of record repositories of Presidential record creation institutions shall devise measures necessary for transfer, such as ascertainment, preparation of lists, adjustment, etc. of Presidential records subject to transfer from one year before the term of office of the President expires. In such cases, the head of the Presidential Archives may support matters necessary for the transfer of Presidential records, such as persons to adjust records, etc. <Amended on Dec. 8, 2020>
 Article 12 (Retrieval and Additional Transfer)
(1) Where Presidential records are divulged, the heads of Presidential record creation institutions and the head of the Presidential Archives shall immediately take measures for preserving and retrieving Presidential records, as prescribed by Presidential Decree.
(2) Where there are Presidential records that have not been transferred pursuant to Article 11 (1) and (3) among Presidential records created during the term of office of a former President, the heads of Presidential record creation institutions shall immediately transfer such Presidential records to the Presidential Archives.
(3) Where an investigative agency acquires Presidential records in the course of performing its duties, it shall submit a list of such Presidential records to the head of the Presidential Archives, and immediately upon completion of an investigation, it shall transfer the relevant Presidential records to the Presidential Archives.
[This Article Wholly Amended on Dec. 8, 2020]
 Article 13 (Destruction)
(1) When the heads of Presidential record creation institutions intend to destroy Presidential records, the retention period of which has elapsed, they shall destroy such Presidential records after deliberation of the special committee. <Amended on Feb. 4, 2010>
(2) Where the heads of Presidential record creation institutions intend to destroy Presidential records pursuant to paragraph (1), they shall send a list of Presidential records subject to destruction to the head of the Presidential Archives, and the head of the Presidential Archives shall have the list deliberated on by the special committee and notify the result to the heads of Presidential record creation institutions. In such cases, the heads of Presidential record creation institutions shall publicly notify the list of Presidential records determined to be destroyed in the Official Gazette or on its website without delay. <Amended on Feb. 4, 2010; Dec. 8, 2020>
(3) Where the head of the Presidential Archives intends to destroy Presidential records, the retention period of which has expired, they shall have such Presidential records deliberated on by the special committee. In such cases, the head of the Presidential Archives shall publicly notify the list of Presidential records determined to be destroyed in the Official Gazette or on its website without delay. <Amended on Feb. 4, 2010; Dec. 8, 2020>
(4) Matters necessary for the procedures, etc. for the destruction of Presidential records shall be prescribed by Presidential Decree.
 Article 14 (Prohibition of Removal without Permission)
No one shall damage, conceal, destroy, or divulge Presidential records or remove them from Korea, without permission.
[This Article Wholly Amended on Dec. 8, 2020]
 Article 15 (Security Measures and Disaster Measures)
For the protection and safe management of Presidential records under jurisdiction, the heads of Presidential record creation institutions and the head of the Presidential Archives shall establish and implement security measures and disaster measures for Presidential records, as prescribed by Presidential Decree. <Amended on Dec. 8, 2020>
CHAPTER Ⅳ DISCLOSURE OF PRESIDENTIAL RECORDS AND PERUSAL THEREOF
 Article 16 (Disclosure)
(1) In principle, Presidential records shall be disclosed Provided, That in cases of Presidential records including information falling under Article 9 (1) of the Official Information Disclosure Act, such Presidential records need not be disclosed.
(2) When the heads of Presidential record creation institutions intend to transfer Presidential records to the competent record repository, they shall classify whether the relevant Presidential records are to be disclosed and transfer such Presidential records. <Amended on Dec. 8, 2020>
(3) The head of the Presidential Archives shall reclassify Presidential records classified as those subject to non-disclosure, within one year after an elapse of five years from transfer, to determine whether to disclose them, and reclassify them every two years after such first reclassification, subject to deliberation by the special committee: Provided, That reclassification of Presidential records which the head of the Presidential Archives has reclassified as those subject to non-disclosure for falling under Article 9 (1) 6 of the Official Information Disclosure Act need not be conducted every two years until 30 years elapse after the reclassification, subject to deliberation of the special committee. <Amended on Feb. 4, 2010; Dec. 8, 2020>
(4) In principle, Presidential records subject to non-disclosure shall be disclosed when 30 years elapse after the end of the year of their creation.
(5) Notwithstanding paragraph (4), the head of the Presidential Archives need not disclose Presidential records whose disclosure is likely to materially impede the national security, subject to deliberation of the special committee. In such cases, they may hear the opinions of the heads of institutions prescribed in subparagraph 1 (b) of Article 2. <Amended on Feb. 4, 2010; Dec. 8, 2020>
 Article 17 (Protection of Presidentially Designated Records)
(1) The President shall be allowed not to permit Presidential records falling under any of the following subparagraphs (hereinafter referred to as "Presidentially designated records") to be perused, duplicated, etc., or may determine a separate period during which requests for submission of data may be denied (hereinafter referred to as "protection period"):
1. Confidential records concerning military affairs, diplomacy and unification prescribed by statutes or regulations, which may pose any material risk to the national security if disclosed;
2. Records concerning domestic and foreign economic policies, trade and finance, which may obstruct the stability of the national economy if disclosed;
3. Records concerning the personnel affairs of public officials in political position, etc.;
4. Records concerning the private life of individuals, which may incur infringement on the name, body, property and honor of individuals and interested persons if disclosed;
5. Records of communication created among the President, institutions assisting the President and institutions advising the President, among institutions assisting the President and institutions advising the President, among institutions assisting the President or among institutions advising the President, which should not be disclosed;
6. Records representing the political view or standing of the President, which may incur political turmoil if disclosed.
(2) A protection period shall be designated after formulating detailed standards for each record specified in the subparagraphs of paragraph (1), and the designation shall be completed before it is transferred to the Presidential Archives. In such cases, matters necessary for the procedures, etc. for designation shall be prescribed by Presidential Decree. <Amended on Dec. 8, 2020>
(3) The protection period may be determined within the extent of 15 years: Provided, That in cases of records concerning the privacy of individuals, the protection period may be determined within the extent of 30 years.
(4) During the protection period, records shall be made available to be perused, duplicated and submitted for data within the minimum extent in any of the following cases, and shall not be subject to requests for submission of data prescribed by other Acts:
1. Where 2/3 or more of the members of the National Assembly have resolved approval;
2. Where a writ issued by the head of the competent high court, judging relevant Presidentially designated records correspond to important evidence, has been presented: Provided, That in cases where the head of the competent high court judges that perusal, duplication and submission of data may pose any material risk to the national security, and it is worried that perusal, duplication and submission of data may seriously obstruct diplomatic relationship and the stability of the national economy, etc. he or she shall not issue a writ;
3. Where a staff member of the Presidential Archives has obtained prior approval from the head of the Presidential Archives as needs for the performance of duties of records management exist.
(5) A person, who duplicates Presidentially designated records or has received data prescribed in paragraph (4) 1 or 2, shall utilize the records only for the purposes prescribed in subparagraph 1 or 2 of the same paragraph, and return them to the head of the Presidential Archives without delay after the purposes are accomplished. In such cases, the head of the Presidential Archives shall immediately destroy the returned copies or data. <Amended on Dec. 8, 2020>
(6) Matters necessary for the perusal, duplication, method of submitting data and procedures, etc. therefor under paragraph (4) shall be prescribed by Presidential Decree.
 Article 18 (Perusal by Former Presidents)
(1) Notwithstanding Article 17 (4), a former President may peruse, etc. Presidential records created or received when he or she was elected and during his or her term of office as President, and the head of the Presidential Archives shall fully cooperate in such perusal, etc. In such cases, the head of the Presidential Archives shall record in writing the progress of consultation on the provision of convenience, details of the provision of convenience, etc. and manage them separately: <Amended on Dec. 8, 2020>
1. Perusal;
2. Perusal using an information and communications network under Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.; in such cases, Presidentially designated records and confidential records shall be excluded herefrom;
3. Verification of Presidential records with their copies or reproductions or by any other means corresponding thereto.
(2) A former President may designate a proxy for perusal, etc. prescribed in the subparagraphs of paragraph (1). <Amended on Dec. 8, 2020>
(3) Where a former President is unable to designate a proxy due to death, unconsciousness, or any other reason and has failed to designate a proxy in advance under paragraph (2), the head of the Presidential Archives may designate a proxy (limited to cases where the former President is unable to designate a proxy due to unconsciousness, etc.) or a person entitled to peruse, etc. under the subparagraphs of paragraph (1) (limited to a case where the former President has died) upon recommendation of family members of the former President (referring to family members under Article 779 of the Civil Act) subject to deliberation by the special committee, as prescribed by Presidential Decree. <Amended on Dec. 8, 2020>
(4) Notwithstanding paragraph (1), the scope of Presidential records that a proxy, etc. designated under paragraph (3) may peruse, the methods of perusal thereof, etc. may be prescribed otherwise by Presidential Decree. <Newly Inserted on Dec. 8, 2020>
(5) Matters necessary for the methods of perusal by the former President and their proxies, etc. under paragraphs (1) through (3) and procedures therefor, and security measures, etc. for perusal under paragraph (1) 2 shall be prescribed by Presidential Decree. <Newly Inserted on Feb. 4, 2010; Dec. 8, 2020>
[Title Amended on Dec. 8, 2020]
 Article 18-2 (Request for Rescission of Designation of Presidentially Designated Records by Former Presidents)
(1) Where it is deemed that Presidentially designated records are no longer in need of protection, a former President may request the head of the Presidential Archives to rescind the designation of the protection period of Presidentially designated records, as prescribed by Presidential Decree. In such cases, the head of the Presidential Archives may rescind the designation of a protection period after deliberation by the special committee.
(2) The head of the Presidential Archives may rescind the designation of the protection period for Presidentially designated records subject to deliberation of the special committee, when there is no de facto need for protection because a former President or his or her proxy designated under Article 18 (2) or (3), or a person entitled to peruse, etc. has publicized the contents he or she has perused under the subparagraphs of paragraph (1) of the same Article, other than confidential records, through publications, press, etc.
[This Article Newly Inserted on Dec. 8, 2020]
 Article 18-3 (Perusal by Presidential Record Creation Institutions)
The head of the Presidential Archives may allow the heads of Presidential record creation institutions for perusal, etc. prescribed in the subparagraphs of Article 18 (1) of Presidential records (excluding Presidentially designated records), only in cases prescribed by Presidential Decree.
[This Article Newly Inserted on Dec. 8, 2020]
 Article 19 (Prohibition against Divulgence)
(1) No one shall divulge information subject to non-disclosure included in Presidential records (referring to information falling under the subparagraphs of Article 9 (1) of the Official Information Disclosure Act, which is determined not to be disclosed).
(2) Those who are or have been in charge of the duties of managing Presidential records, or those who have accessed or perused Presidential records shall not divulge confidential information that they have learned in the course or details included in the Presidential records in the protection period: Provided, That the same shall not apply to facts that are not confidential information among the details included in the Presidentially designated records perused by former Presidents or proxies designated by former Presidents pursuant to Article 18.
[This Article Wholly Amended on Dec. 8, 2020]
 Article 20 (Reclassification of Confidential Records)
(1) Where the head of the Presidential Archives intends to declassify confidential records or to extend the protection period, etc. of confidential records in preservation, they shall reclassify such records after deliberation by the special committee, as prescribed by Presidential Decree. In such cases, they may hear the opinions of relevant institutions. <Amended on Feb. 4, 2010>
(2) Where Presidentially designated records are confidential records in cases under paragraph (1), such records shall be reclassified after the expiry of protection period.
 Article 20-2 (Management of Presidential Records in Presidential Vacancy)
(1) Where the Presidency becomes vacant, the heads of Presidential record creation institutions shall immediately take necessary measures such as ascertaining the Presidential records subject to transfer and preparing a list thereof, and complete transfer of Presidential records before the term of office of the next President begins pursuant to the proviso of Article 14 (1) of the Public Official Election Act. In such cases, the head of the Presidential Archives may support matters necessary for transfer of Presidential records, such as support of human resources, etc.
(2) Where the Presidency becomes vacant, the head of the Presidential Archives shall immediately take necessary measures such as requesting Presidential record creation institutions not to move or reclassify Presidential records, etc., and conducting an on-site inspection, as prescribed by Presidential Decree. In such cases, the heads of Presidential record creation institutions shall fully cooperate therewith.
[This Article Newly Inserted on Dec. 8, 2020]
CHAPTER Ⅴ ESTABLISHMENT AND OPERATION OF PRESIDENTIAL ARCHIVES
 Article 21 (Establishment of Presidential Archives)
The Presidential Archives shall be established under the jurisdiction of the Minister of the Interior and Safety for the efficient preservation, perusal, and utilization of Presidential records. <Amended on Dec. 8, 2020>
 Article 22 (Function of Presidential Archives)
The Presidential Archives shall perform the following duties: <Amended on Dec. 8, 2020>
1. Establishment and implementation of a basic plan on the management of Presidential records;
2. Collection, classification, appraisal, recording, preservation and destruction of Presidential records, and preparation and management of statistics thereon;
3. Reclassification of confidential records and Presidential records subject to non-disclosure;
4. Rescission of protective measures for Presidentially designated records;
5. Open perusal, exhibition, education and publicity of Presidential records;
6. Support to research activities on Presidential records;
7. Support, guidance, and inspection of the management of Presidential records of Presidential record creation institutions;
8. Collection and management of private records under Article 26;
9. Other matters necessary for the management of Presidential records.
 Article 23 (Head of Presidential Archives)
(1) The head of the Presidential Archives shall take overall charge of various duties concerning the management of the Presidential records and the operation of the Presidential Archives, and direct and supervise affiliated staff members.
(2) The term of office of the head of the Presidential Archives shall be five years.
 Article 24 (Operation of Presidential Archives)
(1) Where the head of the Presidential Archives intends to determine important matters concerning the operation of the Presidential Archives, he or she shall have such matters deliberated on by the special committee and respect the results of deliberation thereof. <Amended on Feb. 4, 2010>
(2) When it is necessary for the efficient utilization and publicity of the Presidential records, the head of the Presidential Archives may establish an exhibition hall, library, research support center, etc. at the Presidential Archives.
(3) Other matters concerning the operation of the Presidential Archives shall be prescribed by Presidential Decree.
 Article 25 (Establishment of Individual Presidential Archives)
(1) Where it is necessary for the management of records of a specific President, the head of the Presidential Archives may establish an individual Presidential archives. <Amended on Dec. 8, 2020>
(2) Where an individual or organization constructs a facility for the management of records of a specific President in accordance with the standards prescribed by Presidential Decree and donates such facility to the State as prescribed in Article 13 of the State Property Act, such facility shall be deemed an individual Presidential archives established pursuant to paragraph (1) after deliberation by the special committee. <Amended on Jan. 30, 2009; Feb. 4, 2010>
(3) Where an individual or organization intends to construct a facility for the management of records of a specific President with the purpose of donating such facility to the State, the head of the Presidential Archives may support part of necessary expenses after deliberation by the special committee. <Amended on Feb. 4, 2010; Dec. 8, 2020>
(4) The head of an individual Presidential archives under paragraphs (1) and (2) shall perform the duties specified in subparagraphs 2 through 6, 8 and 9 of Article 22 over relevant Presidential records. <Amended on Dec. 8, 2020>
(5) Where an individual Presidential archives is established pursuant to paragraph (2), the relevant former President may recommend a person as the head of such individual Presidential archives.
CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS
 Article 26 (Collection and Management of Private Records)
(1) Where the private records of successive Presidents (referring to the relevant former President in cases of individual Presidential archives prescribed in Article 25), which have been created before, during or after the term of office of such Presidents, are recognized as worth preservation on a national scale, the head of Presidential Archives may collect and manage such records with the consent of relevant Presidents and the owners of such records. <Amended on Dec. 8, 2020>
(2) When the head of the Presidential Archives collects private records prescribed in paragraph (1), he or she shall consult on and determine detailed matters concerning management conditions, such as ownership of relevant records, whether to disclose relevant records or to submit data, etc. with the President and interested persons.
(3) The head of the Presidential Archives may make compensation, if it is necessary for the collection of private records prescribed in paragraph (1), and matters necessary for the amount of compensation, procedures for compensation, etc. shall be prescribed by Presidential Decree.
 Article 27 Deleted. <Feb. 4, 2010>
 Article 28 (Support to Research Activities)
The head of the Presidential Archives may support part of research expenses to education and research institutions, etc. performing research of Presidential records within budgetary limits after deliberation by the special committee. <Amended on Feb. 4, 2010; Dec. 8, 2020>
 Article 29 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions)
The members of the special committees who are not public officials, and a proxy designated under Article 18 (2) or (3), or a person entitled to peruse, etc. shall be deemed public officials for the purposes of applying penalty provisions under Articles 129 through 132 of the Criminal Act. <Amended on Feb. 4, 2010; Dec. 8, 2020>
CHAPTER VII PENTALTY PROVISIONS
 Article 30 (Penalty Provisions)
(1) Any person who falls under any of the following subparagraphs shall be punished by imprisonment for up to 10 years or by a fine not exceeding 30 million won: <Amended on Dec. 8, 2020>
1. A person who destroys Presidential records without undergoing deliberation or without complying with procedures, in violation of Article 13;
2. A person who removes Presidential records from Korea, in violation of Article 14.
(2) Any person who damages, conceals, destroys, or divulges Presidential records, in violation of Article 14, shall be punished by imprisonment with labor for up to seven years or by a fine not exceeding 20 million won. <Amended on Dec. 8, 2020>
(3) Any person who violates prohibition, etc. on divulging information subject to non-disclosure and confidential information prescribed in Article 19 shall be punished by imprisonment or imprisonment without labor for up to three years, or by suspension of qualification for up to seven years. <Amended on Dec. 8, 2020>
(4) Any person who brakes Presidential records through gross negligence or damaged Presidential records so that part of the contents thereof is not recognizable shall be punished by a fine not exceeding 10 million won.
ADDENDA <Act No. 8395, Apr. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Special Cases of Establishment and Operation of Presidential Archives)
The head of the central records management institution shall establish a plan for the establishment, etc. of the Presidential Archives after consultation with relevant institutions, such as the Minister of Government Administration and Security, the Minister of Planning and Budget, etc. within three months after this Act enters into force pursuant to Article 21, and devise measures necessary for the establishment and operation of the Presidential Archives.
Article 3 (Special Cases of Management of Presidential Records before Enforcement of This Act)
(1) The head of the Presidential Archives shall take necessary measures so that records created in the course of performance of duties by former Presidents before this Act enters into force, and institutions assisting, advising and guarding such Presidents may be collected and managed.
(2) Where the head of Presidential Archives collect records prescribed in paragraph (1), he or she may disburse expenses incurred in the maintenance and preservation of such records.
Article 4 Omitted.
ADDENDA <Act No. 9401, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 10009, Feb. 4, 2010>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 18 shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures concerning Composition of Members following Change of Name from Presidential Records Management Committee) The members of the Presidential Records Management Committee appointed or commissioned in accordance with previous provisions at the time this Act enters into force shall be deemed the members of the Special Committee for the Management of Presidential Records appointed or commissioned in accordance with this Act.
ADDENDA <Act No. 17573, Dec. 8, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Presidential Records Acquired by Investigative Agencies)
The amended provisions of Article 12 (3) shall begin to apply to Presidential records acquired by investigative agencies after this Act enters into force.
Article 3 (Applicability to Return of Copies of Presidentially Designated Records)
The amended provisions of Article 17 (5) shall begin to apply to a duplication of Presidentially designated records and submission of data after this Act enters into force.
Article 4 (Applicability to Designation of Proxies in Cases of Death of Former Presidents)
The amended provisions of Article 18 (3) shall also apply where the former President fails to designate his or her a proxy due to death, unconsciousness, or any other reason before this Act enters into force.
Article 5 (Transitional Measures concerning Extension of Time of Transfer of Presidential Records by Institutions Advising and Guarding the President)
Notwithstanding the amended provisions of the latter part of Article 11 (3), the previous provisions shall apply to Presidential records which was requested to extend their time of transfer pursuant to previous Article 11 (2) before this Act enters into force.