INTER-KOREAN EXCHANGE AND COOPERATION ACT
Act No. 4239, Aug. 1, 1990
Amended by Act No. 4268, Dec. 27, 1990
Act No. 4522, Dec. 8, 1992
Act No. 4850, Dec. 31, 1994
Act No. 5211, Dec. 30, 1996
Act No. 5454, Dec. 13, 1997
Act No. 5559, Sep. 16, 1998
Act No. 6316, Dec. 29, 2000
Act No. 7539, May 31, 2005
Act No. 8364, Apr. 11, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9191, Dec. 26, 2008
Act No. 9357, Jan. 30, 2009
Act No. 9745, May 28, 2009
Act No. 10228, Apr. 5, 2010
Act No. 10282, May 14, 2010
Act No. 12396, Mar. 11, 2014
Act No. 17068, Mar. 4, 2020
Act No. 17564, Dec. 8, 2020
The purpose of this Act is to contribute to the peace and unification of the Korean Peninsula by prescribing matters necessary to promote reciprocal exchange and cooperation between the south and north of the Military Demarcation Line.
[This Article Wholly Amended on Jan. 30, 2009]
The definitions of terms used in this Act shall be as follows: <Amended on Dec. 8, 2020>
| 1. | The term "entry and exit points" means ports, airports and other places prescribed by Presidential Decree in area south of the Military Demarcation Line (hereinafter referred to as "South Korea"), through which any person is permitted to go to or come from the area north of the Military Demarcation Line (hereinafter referred to as "North Korea"); |
| 2. | The term "trade" means taking out or bringing in goods and services and intangible articles in electronic form prescribed by Presidential Decree (hereinafter referred to as "goods, etc.") between South Korea and North Korea; |
| 3. | The term "taking out or bringing in" means movement of goods, etc. (including movement of goods, etc. simply via a third country; hereinafter the same shall apply) between South Korea and North Korea for purposes of sale, exchange, lease, loan for use, donation, use, etc.; |
| 4. | The term "cooperative project" means all activities jointly carried out by residents of South and North Korea (including juristic persons and organizations) with respect to environment, economy, art, science and technology, information and communications, culture, sports, tourism, health and medical services, disease control, transportation, agriculture and livestock industry, maritime affairs and fisheries, etc. |
[This Article Wholly Amended on Jan. 30, 2009]
| Article 3 (Relationship to Other Acts) |
With respect to any activities aiming to reciprocal exchange and cooperation between South Korea and North Korea (hereinafter referred to as "inter- Korean exchange and cooperation"), such as comings and goings, contact, trade, cooperative projects, supply of communications services, etc., this Act shall prevail over other Acts, to the extent of the purposes of this Act.
[This Article Wholly Amended on Jan. 30, 2009]
| Article 4 (Establishment of Inter-Korean Exchange and Cooperation Promotion Council) |
In order to consult on and coordinate policies for inter-Korean exchange and cooperation and to deliberate upon and resolve important matters, the Inter-Korean Exchange and Cooperation Council (hereinafter referred to as the "Council") shall be established in the Ministry of Unification.
[This Article Wholly Amended on Jan. 30, 2009]
| Article 5 (Composition of Council) |
| (1) | The Council shall be comprised of not more than 25 members, including one chairperson. <Amended on Dec. 8, 2020> |
| (2) | The chairperson shall be the Minister of Unification, and shall exercise overall control over the affairs of the Council. |
| (3) | The members shall be appointed or commissioned by the Prime Minister from among persons falling under any of the following subparagraphs. In such cases, seven or more members shall fall under subparagraph 2, and at least one of the members shall be recommended by a consultative body established pursuant to Article 165 (1) 1 of the Local Autonomy Act. <Amended on Dec. 8, 2020> |
| 1. | Vice Ministers or public officials equivalent thereto; |
| 2. | Civilian specialists with expertise and experience in inter-Korean exchange and cooperation. |
| (4) | Where the chairperson is unable to perform his/her duties due to unavoidable reasons, a member designated, in advance, by the chair- person shall act on behalf of the chairperson. |
| (5) | Where a member under paragraph (3) 1 is unable to attend a meeting due to unavoidable reasons, the member may have another public official who belongs to the same agency as the member attend the meeting and act on behalf of the member. |
| (6) | The Council shall have one executive secretary designated by the chairperson. |
[This Article Wholly Amended on Jan. 30, 2009]
| Article 6 (Functions of Council) |
The Council shall deliberate upon and resolve the following matters:
| 1. | The consultation and coordination of policies on inter-Korean exchange and cooperation and the establishment of fundamental principles thereof; |
| 2. | The consultation and coordination of important matters on approval of inter-Korean exchange and cooperation and the revocation thereof; |
| 3. | Matters on the public notice of goods, etc. subject to approval for taking out or bringing in under Article 14; |
| 4. | Overall control and coordination of cooperative projects; |
| 5. | Support for the facilitation of inter-Korean exchange and cooperation; |
| 6. | Important matters related to inter-Korean exchange and cooperation required for cooperation among relevant ministries and agencies; |
| 7. | Others referred to a meeting by the chairperson. |
[This Article Wholly Amended on Jan. 30, 2009]
| Article 7 (Proceedings of Council) |
| (1) | Meetings of the Council shall be convened by the chairperson. |
| (2) | Two-thirds of the members of the Council shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present. |
| (3) | Other matters necessary for the operation of the Council shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jan. 30, 2009]
| Article 8 (Working Committee) |
| (1) | The Council shall establish a working committee to prepare agenda before the Council and to deal with the affairs delegated by the Council. |
| (2) | Matters necessary for the composition, operation, etc. of the working committee shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jan. 30, 2009]
| Article 9 (Visit between South Korea and North Korea) |
| (1) | If a resident of South Korea intends to visit North Korea or a resident of North Korea intends to visit South Korea, he/she shall obtain approval for visit from the Minister of Unification and carry a certificate issued by the Minister of Unification (hereinafter referred to as "certificate of visit"), as prescribed by Presidential Decree. |
| (2) | Certificates of visit shall be issued under the classification of a certificate of visit to South Korea and a certificate of visit to North Korea after setting a period of validity and shall be classified further as follows: |
| 1. | A certificate of visit available for one occasion; |
| 2. | A certificate of visit available for several occasions until the period of validity expires (hereinafter referred to as "certificate for multiple visits"). |
| (3) | The period of validity of a certificate of multiple visits shall be within five years and such period may be extended up to five years. |
| (4) | The Minister of Unification shall, when he/she approves to visit, set a period for visiting South Korea or North Korea (hereinafter referred to as "period of visit") to the extent prescribed by Presidential Decree, and may impose conditions, such as submission of reports on results of visit to North Korea, as prescribed by Presidential Decree, in order to promote smooth inter-Korean exchange and cooperation. |
| (5) | Any person obtaining approval for a visit may visit South Korea or North Korea for one occasion within a visiting period. |
| (6) | Any person who is prescribed by Presidential Decree and who travels directly between South and North Korea without passing through a foreign country, among persons receiving a certificate of multiple visits, may, notwithstanding paragraph (5), travel between South and North Korea regardless of the number of visits within the visiting period: Provided, That even during the period of visit, the person shall obtain separate approval for a visit from the Minister of Unification when he/she travels between South and North Korea with a different purpose or in a different route. |
| (7) | Where a person who obtaining approval for a visit pursuant to paragraph (1) and the proviso to paragraph (6) falls under any of the following subparagraphs, the Minister of Unification may cancel such approval: Provided, That when the person falls under subparagraph 1, the approval shall be canceled: |
| 1. | Where approval for a visit has been obtained by fraud or other improper means; |
| 2. | Where any condition under paragraph (4) has been violated; |
| 3. | Where it is likely to undermine inter-Korean exchange and cooperation; |
| 4. | Where it is likely to harm national security, maintenance of order or public welfare. |
| (8) | Where any person falling under any of the following subparagraph (hereinafter referred to as "Korean national residing abroad") visits North Korea from a foreign country, the person shall report thereon to the Minister of Unification or the head of a diplomatic mission overseas: Provided, That when the person travels between South and North Korea without passing through a foreign country, the person shall carry a certificate of visit issued pursuant to paragraph (1): |
| 1. | A person who has obtained permanent residency from a foreign government or permission for long-term stay equivalent thereto; |
| 2. | A person who visits North Korea for the purpose of performing business affairs because the person has worked for a foreign corporation, etc. located in a foreign country. |
| (9) | Necessary matters on the procedures, etc. of a report under paragraph (8) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jan. 30, 2009]
| Article 9-2 (Contact with Residents of South and North Korea) |
| (1) | A resident of South Korea who intends to contact a resident of North Korea by means of meeting, communications, or any other method shall report it to the Minister of Unification in advance: Provided, That in cases falling under any unavoidable cause prescribed by President Decree, such resident may report it after the contact. |
| (2) | Where a person who has obtained a certificate of visit falls under any case prescribed by Presidential Decree, such as the case of contact naturally recognized within the scope of purposes of the visit, he/she shall be deemed to have reported for contact under paragraph (1). |
| (3) | The Minister of Unification may, upon the receipt of the report on contact pursuant to the main sentence of paragraph (1), refuse to accept the report only if it is likely to undermine the inter-Korean exchange and cooperation or it is likely to harm national security, maintenance of order or public welfare. |
| (4) | The Minister of Unification may, upon the receipt of a report on contact under the main sentence of paragraph (1), accept the report by imposing conditions prescribed by Presidential Decree, such as submitting a report of results on contact with North Korean residents, or by setting a period of validity within three years: Provided, That if a visit is aimed to meet a North Korean resident who is a family member as prescribed by Presidential Decree, the period may be decided up to five years. |
| (5) | The Minister of Unification may, if deemed necessary, extend the period of validity under paragraph (4) up to three years. |
| (6) | Necessary matters on the procedures, etc. for reporting under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jan. 30, 2009]
| Article 10 (Guarantee of Entry of Overseas Korean Nationals, etc.) |
If a Korean national residing overseas who possesses neither a foreign nationality nor a passport of the Republic of Korea intends to visit and depart from South Korea, he/she shall carry a travel certificate as prescribed in Article 14 (1) of the Passport Act. [This Article Wholly Amended on Jan. 30, 2009]
| Article 11 (Examination of Visits to South and North Korea) |
Any South Korean resident who directly visits North Korea or any North Korean resident who directly visits South Korea shall be subject to examination at entry and exit points as prescribed by Presidential Decree.
[This Article Wholly Amended on Jan. 30, 2009]
| Article 12 (Principles of Transactions between South Korea and North Korea) |
Transactions between South Korea and North Korea shall be deemed internal transactions between the same people, not those between nations.
[This Article Wholly Amended on Jan. 30, 2009]
| Article 13 (Approval for Taking Out or Bringing In) |
| (1) | Any person who intends to take out or bring in goods, etc. shall obtain approval from the Minister of Unification with respect to the items, forms of trading, methods of payment, etc. of goods, etc., as prescribed by Presidential Decree. The same shall also apply to cases where any material matter prescribed by President Decree among the matters approved is changed. |
| (2) | The Minister of Unification shall, when he/she grants approval or approval for change under paragraph (1), consult with the head of a relevant administrative agency in advance, if deemed important. |
| (3) | The Minister of Unification may, when he/she approves of the taking out or bringing in pursuant to paragraph (1), impose conditions as prescribed by Presidential Decree, such as the purpose of taking out or bringing in goods, etc. or set a period of validity for approval in order to facilitate inter-Korean exchange and cooperation. |
| (4) | The Minister of Unification may, when he/she approves taking out or bringing in pursuant to paragraph (1), grant comprehensive approval by prescribing a certain scope on the items, forms of transactions, methods of payment, etc. |
| (5) | Where any person who obtains approval of taking out or bringing in goods, etc. pursuant to paragraph (1) (hereinafter referred to as "trading party") falls under any of the following subparagraphs, the Minister of Unification may revoke such approval: Provided, That in cases of subparagarph 1, such approval shall be revoked: |
| 1. | Where the person has obtained approval for taking out or bringing in goods, etc. by fraud or other improper means; |
| 2. | Where the person has violated any condition under paragraph (3); |
| 3. | Where the person has violated matters publicly announced pursuant to Article 14; |
| 4. | Where the person has failed to comply with an order for adjustment under Article 15 (1); |
| 5. | Where the person has failed to make a report under Article 15 (3) or has made a false report; |
| 6. | Where it is highly likely to undermine inter-Korean exchange and cooperation; |
| 7. | Where it is highly likely to harm national security, the maintenance of order or public welfare. |
[This Article Wholly Amended on Jan. 30, 2009]
| Article 14 (Public Notice of Goods Subject to Approval for Taking out or Bringing in) |
The Minister of Unification shall publicly notify the matters under the following subparagraphs with respect to taking out or bringing in goods, etc. subject to the consultation with the Council. The same shall apply where any matter in the public notice is changed:
| 1. | Classification of the items of goods, etc. requiring approval for taking out or bringing in or goods, etc. prohibited; |
| 2. | Restriction and approval procedures concerning the goods, etc. requiring approval for taking out or bringing in. |
[This Article Wholly Amended on Jan. 30, 2009]
| Article 15 (Orders for Adjustment on Trade) |
| (1) | The Minister of Unification may, in cases falling under any of the following subparagraphs, issue an order for necessary adjustment to the price, quantity, quality, other trading conditions, etc. of goods, etc. which any trading party takes out or brings in: Provided, That if deemed important, the Minister shall consult with the head of a relevant administrative agency: |
| 2. | Where it is necessary to contribute to international agreements for purposes of maintaining international peace and security; |
| 3. | Where this Act or any relevant Act and subordinate statute is violated; |
| 4. | Where it is likely to undermine fair competition when taking out or bringing in; |
| 5. | Where it is necessary to prevent any act damaging credit. |
| (2) | The Minister of Unification shall not, when he/she issues an order for adjustment pursuant to paragraph (1), go beyond the extent appropriate to achieve the objectives thereof. |
| (3) | The Minister of Unification may have a trading party report matters on the trade prescribed by Presidential Decree, such as performance, etc. of taking out or bringing in goods, etc. |
| (4) | Necessary matters on the procedures for an order for adjustment under paragraph (1) and the procedures, etc. for reporting under paragraph (3) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jan. 30, 2009]
| Article 16 Deleted. <Jan. 30, 2009> |
| Article 17 (Approval for Cooperative Projects) |
| (1) | Any person intending to carry out any cooperative project shall obtain approval from the Minister of Unification after satisfying any of the following requirements for each cooperative project. The same shall apply to any changes in the details of an approved cooperative project: |
| 1. | Details of the cooperative project shall be feasible and specific; |
| 2. | The execution of the cooperative project shall not cause any dispute between South and North Korea; |
| 3. | It is unlikely to cause fierce competition with any existing cooperative project; |
| 4. | The person shall have business performance in the area of a cooperative project or shall be equipped with appropriate capital, technology, experience, etc. to carry out the cooperative project; |
| 5. | It is unlikely to undermine national security, the maintenance of order or public welfare. |
| (2) | The Minister of Unification shall, when he/she grants approval for cooperative projects under paragraph (1), consult with the head of an relevant administrative agency in advance, and, in cases of approval for change, consult with the head of an relevant administrative agency only if deemed important. |
| (3) | The Minister of Unification may, when he/she approves cooperative projects pursuant to paragraph (1), impose conditions as prescribed by Presidential Decree, such as the scope of business, etc., or set a period of validity for approval, in order to facilitate inter-Korean exchange and cooperation. |
| (4) | Where a person who has obtained approval for a cooperative project under paragraph (1) falls under any of the following subparagraphs, the Minister of Unification may order such person to suspend a cooperative project within a period of up to six months, or revoke such approval, subject to the consultation with a relevant administrative agency: Provided, That in cases under subparagraphs 1 and 5, the approval shall be revoked: |
| 1. | Where approval for a cooperative project has been obtained by fraud or other improper means; |
| 2. | Where the person has failed to satisfy the requirements under paragraph (1); |
| 3. | Where the person has changed the details of the cooperative project without obtaining an approval for change under the latter part of paragraph (1) other than each subparagraph; |
| 4. | Where any condition under paragraph (3) has been violated; |
| 5. | Where the person has carried out a cooperative project during a period of suspension; |
| 6. | Where the person has refused to follow an order for adjustment under Article 18 (1); |
| 7. | Where the person has failed to make a report under Article 18 (3) or has made a false report; |
| 8. | Where the person has refused, avoided, or interfered with an inspection under Article 25-4 (1) without any justifiable reason; |
| 9. | Where the person has had no business performance for the latest three years after obtaining approval for a cooperative project; |
| 10. | Where the person has committed any act likely to undermine inter- Korean exchange and cooperation while carrying out a cooperative project; |
| 11. | Where it is likely to harm national security, the maintenance of order, or public welfare. |
| (5) | The Minister of Unification shall, if he/she intends to issue an order to suspend a cooperative project or revokes any approval pursuant to paragraph (4), hold a hearing. |
| (6) | Necessary matters on the procedures, etc. of approval, suspension, revocation of a cooperative project under the provisions of paragraphs (1) through (4) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jan. 30, 2009]
| Article 17-2 (Reporting on Cooperative Projects) |
| (1) | Any person intending to carry out cooperative projects prescribed by Presidential decree, such as small investment, etc. may, notwithstanding Article 17 (1), carry out such cooperative projects after reporting it to the Minister of Unification as prescribed by Presidential Decree by satisfying the requirements under subparagraphs 2 and 5. The same shall apply to the change in the details of the cooperative project reported. |
| (2) | Upon receipt of a report under paragraph (1), the Minister of Unification may impose conditions, such as the scope of business, etc., as prescribed by Presidential Decree, or set a period of validity to accept the report. |
[This Article Newly Inserted on Jan. 30, 2009]
| Article 18 (Orders for Adjustment for Cooperative Projects) |
| (1) | The Minister of Unification may order a person who carries out a cooperative project to adjust any matter in relation to the details and conditions of the cooperative project or the period of validity for approval, etc. in cases falling under any of the following subparagraphs: Provided, That the Minister shall consult with the head of a relevant administrative agency in advance, if deemed important: |
| 2. | Where it is necessary to contribute to international agreements for the purposes of maintaining international peace and security; |
| 3. | Where this Act or any relevant Act and subordinate statute is violated; |
| 4. | Where it is likely to undermine fair competition of the cooperative project; |
| 5. | Where it is necessary to prevent any act damaging credibility. |
| (2) | When the Minister of Unification issues an order for adjustment pursuant to paragraph (1), he/she shall not go beyond the extent appropriate to achieve the objectives thereof. |
| (3) | The Minister of Unification may have a person who carries out a cooperative project report on details of the execution of the cooperative project prescribed by Presidential Decree, such as terms and conditions of contract with a party of North Korea and the conclusion thereof, etc. |
| (4) | Necessary matters on the procedures for issuing an order for adjustment under paragraph (1) and the procedures for reporting under paragraph (3) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jan. 30, 2009]
| Article 19 (Institution in Charge of Settlement) |
| (1) | If deemed necessary for inter-Korean exchange and cooperation, the Minister of Unification may designate an institution to be in charge of the settlement, subject to consultation with the Minister of Economy and Finance. |
| (2) | Necessary matters on the scope, methods, procedures, etc. of settlement made by an institution to be in charge of settlement under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jan. 30, 2009]
| Article 20 (Operation of Transportation Equipment) |
| (1) | Any person who desires to operate any ship, aircraft, railroad vehicles, or motor vehicles, etc. between South Korea and North Korea (hereinafter referred to as "transportation equipment") shall obtain approval from the Minister of Unification. |
| (2) | When the Minister of Unification grants an approval for operation of transportation equipment pursuant to paragraph (1), he/she may impose conditions, such as route for operation, as prescribed by Presidential Decree, or set a period of validity of within five years. |
| (3) | The Minister of Unification may revoke an approval when a person who has obtained approval for operation pursuant to paragraph (1) falls under any of the following subparagraphs: Provided, That in cases of subparagraph 1, the approval shall be revoked: |
| 1. | Where approval for operation has been obtained by fraud or other improper means; |
| 2. | Where any condition under paragraph (2) has been violated; |
| 3. | Where it is highly likely to undermine inter-Korean exchange and cooperation; |
| 4. | Where it is highly likely to harm national security, the maintenance of order or public welfare. |
| (4) | Necessary matters on the criteria and procedures for approval under paragraph (1) and the setting of a period of validity under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jan. 30, 2009]
| Article 21 (Control over Entry or Exit of Transportation Equipment) |
[This Article Wholly Amended on Jan. 30, 2009]
| Article 22 (Furnishing of Communications Services) |
| (1) | Postal and telecommunications services may be furnished to promote inter-Korean exchange and cooperation. |
| (2) | Necessary matters on providers, kinds, charges, handling procedures, etc. of postal and telecommunications services furnished between South and North Korea shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jan. 30, 2009]
| (1) | Transportation equipment, cargo, and persons coming from North Korea shall be subject to quarantine inspection. <Amended on May 28, 2009> |
| (2) | The provisions of Articles 9 through 12, 12-2 (3), 12-3, 12-4, 13, 15 through 25, 27, 28, 34, 35 and 39 through 41 of the Quarantine Act shall apply mutatis mutandis to quarantine inspection under paragraph (1): Provided, That if the Minister of Unification deems necessary, quarantine inspection or some of the procedures therefor may be omitted, in consultation with the head of a relevant administrative agency. <Amended on May 28, 2009; Dec. 29, 2009; Mar. 4, 2020> |
| (3) | Deleted. <May 28, 2009> |
[This Article Wholly Amended on Jan. 30, 2009]
| Article 24 (Support for Inter-Korean Exchange and Cooperation) |
If deemed necessary for the promotion of the inter-Korean exchange and cooperation, the Government may subsidize or provide other necessary support to those executing the projects for inter-Korean exchange and cooperation in accordance with this Act.
[This Article Wholly Amended on Jan. 30, 2009]
| Article 24-2 (Support for Inter-Korean Exchange and Cooperation of Local Governments) |
| (1) | Local governments may promote cooperative projects for inter-Korean exchange and cooperation. |
| (2) | The Inter-Korean Exchange and Cooperation Policy Council of Local Governments shall be established in the Ministry of Unification to promote inter-Korean exchange and cooperation of local governments and to consult and coordinate relevant policies. |
| (3) | Matters necessary for the composition, operation, etc. of the Policy Council under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 8, 2020]
| Article 25 (Requests for Cooperation) |
| (1) | If deemed necessary for the promotion of inter-Korean exchange and cooperation and the establishment of relevant policies, the Minister of Unification may request the head of a relevant administrative agency to furnish information, such as statistical data for the number of inter-Korean visitors, goods, etc. and transportation equipment between South and North Korea. In such cases, the head of the relevant administrative agency shall cooperate with such request. |
| (2) | If deemed necessary for the promotion of inter-Korean exchange and cooperation and the establishment of relevant policies, the Minister of Unification may request a relevant expert and a person with experience in inter-Korean exchange and cooperation to provide any necessary cooperation, such as provision of opinions, etc. |
[This Article Wholly Amended on Jan. 30, 2009]
| Article 25-2 (Entrustment of Business) |
| (1) | The Minister of Unification may entrust part of the business under each of the following subparagraphs to a person who receives any support under Article 24 or juristic person or organization concerned, as prescribed by Presidential Decree: |
| 1. | Advancement of projects agreed between the South Korean Government and North Korean authorities; |
| 2. | Business necessary for the promotion of inter-Korean exchange and cooperation; |
| 3. | Other business of the Minister of Unification under this Act. |
| (2) | The Minister of Unification may provide support necessary for smooth operation of the business by the relevant juristic person or organization entrusted with business pursuant to paragraph (1). |
[This Article Newly Inserted on Jan. 30, 2009]
| Article 25-3 (Establishment of Electronic System for Inter-Korean Exchange and Cooperation) |
| (1) | The Minister of Unification shall develop and operate an electronic management system in order to maintain statistic data for the number of trans-Korean visitors, goods, etc. and transportation equipment between South and North Korea and collect and analyze information thereof. |
| (2) | Necessary matters on the operation, etc. of an electronic management system under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 30, 2009]
| Article 25-4 (Direction and Supervision) |
| (1) | For the promotion of the inter-Korean exchange and cooperation, the Minister of Unification shall direct and supervise persons carrying out cooperative projects, persons who receive subsidies or other necessary support under this Act and may conduct inspections on the status of the operation of business, if necessary. |
| (2) | The Minister of Unification may request the head of a relevant administrative agency for personnel support or any other necessary cooperation to conduct inspections under paragraph (1). |
| (3) | If the Minister of Unification finds any unlawful or unfair fact, as a result of an inspection under paragraph (1), the Minister may issue a corrective order or take other necessary measures. |
| (4) | Inspection targets, methods and procedures, under paragraph (1) shall be prescribed by Presidential Decree. <Amended on May 28, 2009> |
[This Article Newly Inserted on Jan. 30, 2009]
| Article 26 (Application Mutatis Mutandis of other Acts) |
| (1) | With respect to the matters concerning the trade not specifically provided for in this Act, Acts related to trade, such as the Foreign Trade Act, etc., shall apply mutatis mutandis as prescribed by Presidential Decree. |
| (2) | With respect to taxes on goods, etc. taken out or brought in, the Acts related to imposition, collection, reduction and exemption, refund, etc. of taxes shall apply mutatis mutandis as prescribed by Presidential Decree: Provided, That the provisions on import charges under Acts different from the provisions on taxation under the Customs Act shall not apply mutatis mutandis in bringing in goods, etc. originating from North Korea. |
| (3) | With respect to investment between South and North Korea, taking out or bringing in goods, etc. or other cooperative projects in economy and transactions subsequent thereto, the any of the following Acts shall apply mutatis mutandis thereto, as prescribed by Presidential Decree: <Amended on Apr. 5, 2010> |
| 10. | Other Acts prescribed by Presidential Decree. |
| (4) | Notwithstanding paragraphs (1) through (3), the head of a relevant administrative agency may prescribe special cases, subject to resolutions by the Council. |
[This Article Wholly Amended on Jan. 30, 2009]
| Article 26-2 (Legal Fiction as Public Official in Application of Penalty Provisions) |
Members of the Council who are not public officials, and the executives and employees of the juristic persons or organization engaging in the business entrusted shall be deemed public officials in applying the penalty provisions under the Criminal Act and other Acts related to their duties. [This Article Wholly Amended on Jan. 30, 2009]
| Article 27 (Penalty Provisions) |
| (1) | Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than three years or by a fine up to 30 million won: <Amended on Mar. 11, 2014> |
| 1. | Any person who visits North Korea without obtaining approval under Article 9 (1) and the proviso to Article 9 (6); |
| 2. | Any person who obtains approval under Article 9 (1) and the proviso to Article 9 (6) by fraud or other improper means; |
| 3. | Any person who takes out or brought in goods, etc. without obtaining approval under Article 13 (1); |
| 4. | Any person who carries out any cooperative project without obtaining approval under article 17 (1); |
| 5. | Any person who operates transportation equipment between South Korea and North Korea without obtaining approval under Article 20 (1); |
| 6. | Any person who obtains approval under Article 13 (1), 17 (1) or 20 (1) by fraud or other improper means. |
| (2) | Any person who falls under any of the following subparagraphs shall be punished by imprisonment for up to one year or by a fine up to 10 million won: <Amended on Mar. 11, 2014> |
| 1. | Any person who fails to comply with an order for adjustment under Article 15 (1). |
| 2. | Any person who carries out any cooperative project without reporting under Article 17-2 (1); |
| 3. | Any person who reports under Article 17-2 (1) by fraud or other improper means; |
| 4. | Any person who fails to comply with an order for adjustment under Article 18 (1). |
| (3) | Any person who attempts to commit an offense under paragraph (1) shall be punished. |
[This Article Wholly Amended on Jan. 30, 2009]
| Article 28 (Joint Penalty Provisions) |
If the representative of a corporation, or an agent or employee of, or other persons employed by, the corporation or an individual commits any violation under Article 27 with respect to the business of the corporation or the individual, not only shall such offender be punished accordingly, but the corporation or the individual shall be punished by a fine under the corresponding provisions: Provided, That the same shall not apply to cases where the corporation or the individual has not neglected to pay due attention and supervision in connection with the relevant business in order to prevent such offense. [This Article Wholly Amended on Dec. 26, 2008]
| Article 28-2 (Administrative Fine) |
| (1) | Any person who falls under any of the following subparagraphs shall be punished by administrative fines up to three million won: |
| 1. | Any person who visits North Korea without reporting under Article 9 (8) or has made a report by fraud or other improper means; |
| 2. | Any person who contacts North Korean residents through meeting, communications, or any other method without reporting under Article 9-2 (1) or reports by fraud or other improper means; |
| 3. | Any person who violates conditions under Article 9-2 (4) or 17-2 (2); |
| 4. | Any person who fails to make a report under Article 15 (3) or has made a false report; |
| 5. | Any person who fails to make a report under Article 18 (3) or has made a false report; |
| 6. | Any person who refuses, avoids, or interferes with any inspection under Article 25-4 (1) without reasonable causes or fails to comply with an order for adjustment under paragraph (3) of the same Article. |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Unification, as prescribed by Presidential Decree. |
[This Article Wholly Amended on Jan. 30, 2009]
| Article 29 (Mitigation, etc. of Punishment) |
If a person who has committed an offense under Article 27 (1) or Article 27 (2) 2 and 3 surrenders himself/herself to the authorities, the punishment may be mitigated or exempted. [This Article Wholly Amended on Jan. 30, 2009]
| Article 30 (Legal Fiction as North Korean Residents) |
In the application of this Act (excluding Articles 9 (1) and 11), any member of an organization overseas which engages in activities based on the political line of North Korea shall be deemed a resident of North Korea. [This Article Wholly Amended on Jan. 30, 2009]
ADDENDA <Act No. 4239, Aug. 1, 1990>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
ADDENDA <Act No. 4268, Dec. 27, 1990>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 4522, Dec. 8, 1992>
Article 1 (Enforcement Date)
This Act shall enter into force on April 1, 1993.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 4850, Dec. 31, 1994>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1995. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 5211, Dec. 30, 1996>
Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 1997. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 5559, Sep. 16, 1998>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 6316, Dec. 29, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 7539, May 31, 2005>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures regarding Penalty Provisions) The application of penalty provisions against acts committed before this Act enters into force shall be pursuant to previous provisions. |
ADDENDA <Act No. 8364, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 9191, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9357, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measure on Visits to South Korea and North Korea)
Any person who has been issued a certificate of visit or whose report for visit has been accepted before this Act enters into force shall be deemed to have obtained approval for visit under the amended provisions of Article 9 (1). Article 3 (Transitional Measure on Administrative Fine)
Matters newly inserted among the amended provisions under Article 28-2 (1) ("a person who has reported by fraud or other improper means" under subparagraphs 1 and 2 and "a person who has made a false report" under subparagraphs 4 and 5) shall not apply to acts done before this Act enters into force. Article 4 Omitted.
ADDENDUM <Act No. 9745, May 28, 2009>
This Act shall enter into force on July 31, 2009.
ADDENDA <Act No. 9846, Dec. 29, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10228, Apr. 5, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10282, May 14, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 12396, Mar. 11, 2014>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 17068, Mar. 4, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 17564, Dec. 8, 2020>
This Act shall enter into force three months after the date of its promulgation.