ASSISTANCE FOR NON-PROFIT, NON-GOVERNMENTAL ORGANIZATIONS ACT
Act No. 6118, Jan. 12, 2000
Amended by Act No. 8852, Feb. 29, 2008
Act No. 11690, Mar. 23, 2013
Act No. 12046, Aug. 13, 2013
Act No. 12796, Oct. 15, 2014
Act No. 13290, May 18, 2015
Act No. 14188, May 29, 2016
Act No. 14839, Jul. 26, 2017
Act No. 17374, jun. 9, 2020
The purpose of this Act is to promote public interest activities of non-profit, non-governmental organizations and to contribute to the development of a democratic society by guaranteeing their voluntary activities and supporting their growth into sound civil organizations.
For the purposes of this Act, the term "non-profit, non-governmental organization" means a private organization whose main purpose is not to make a profit, but to perform public interest activities, satisfying the requirements falling under the following subparagraphs: <Amended on May 29, 2016>
| 1. | Direct beneficiaries of its business shall be many and unspecified persons; |
| 2. | No profit shall be distributed among its members; |
| 3. | It has not been actually established or operated primarily to back, support or oppose any specific political party or candidate in election or to spread a creed of any specific religion; |
| 4. | The number of its regular members shall be at least 100; |
| 5. | It has actual results from public interest activities for the preceding one year or more; |
| 6. | Where it is not a juristic person but an organization, it shall have a representative or manager. |
| Article 3 (Basic Directions) |
The State or local governments shall respect unique fields of activities of non-profit, non-governmental organizations and actively endeavor to enable them to participate in public interest activities by demonstrating their own creativity and expertise.
| (1) | Any non-profit, non-governmental organization that intends to receive support determined by this Act shall apply for its registration with the head of a central administrative agency, or the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), who supervises its main public interest activities, and the head of a central administrative agency or the Mayor/Do Governor upon receipt of such application for registration shall accept such registration. <Amended on Aug. 13, 2013> |
| (2) | Where any non-profit, non-governmental organization has been registered under paragraph (1), the head of a central administrative agency or Mayor/Do Governor shall not only post such fact in the Official Gazette or public bulletin but also notify the Minister of the Interior and Safety of such fact. The same shall apply where the registration is changed. <Amended on Feb. 29, 2008; Mar. 23, 2013; Aug. 13, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 4-2 (Cancellation of Registration) |
| (1) | The head of a central administrative agency or Mayor/Do Governor may cancel the registration of any non-profit, non-governmental organization registered under Article 4, when it fails to satisfy the requirements for non-profit, non-governmental organizations prescribed under Article 2. |
| (2) | The head of a central administrative agency or Mayor/Do Governor who has canceled the registration shall publish such cancellation in the Official Gazette or public bulletin without delay and notify the Minister of the Interior and Safety of such fact. <Amended on Jul. 26, 2017> |
| (3) | When the head of a central administrative agency or Mayor/Do Governor intends to cancel the registration under Article 1, he/she shall hold a hearing prescribed in the Administrative Procedures Act. |
[This Article Newly Inserted on May 29, 2016]
| Article 5 (Assistance for Non-Profit, Non-Governmental Organization) |
| (1) | Autonomy shall be guaranteed to activities of non-profit, non-governmental organizations. |
| (2) | The Minister of the Interior and Safety or Mayor/Do Governor may provide necessary administrative assistance and financial support determined by this Act to non-profit, non-governmental organizations that participate in public interest activities. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 6 (Subsidization) |
| (1) | The Minister of the Interior and Safety or Mayor/Do Governor may subsidize any expenses incurred in promoting public interest activities (hereinafter referred to as "public-interest business") other than business to which subsidy is granted under other Acts to a non-profit, non-governmental organization registered under Article 4 (1) (hereinafter referred to as "registered non-profit, non-governmental organization"). <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The scope of expenses subsidized under paragraph (1) shall, in principle, be business cost. |
| (3) | Unless otherwise provided for in this Act, the Subsidy Management Act shall apply mutatis mutandis to any subsidy granted under paragraph (1). <Amended on May 18, 2015> |
| Article 7 (Selection of Business to Support) |
| (1) | The Minister of the Interior and Safety or Mayor/Do Governor shall identify social demand for assistance for public interest business in which registered non-profit, non-governmental organizations can participate each year and determine the type of public interest business that he/she may assist under Article 6 according to standards prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety or Mayor/Do Governor shall determine an individual business and amount to support as determined by the Committee for Selection of Public-Interest Business within the type of business referred to in paragraph (1). In such cases, the selection of an individual business to support shall, in principle, be made in an open and competitive manner. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | The Committee for Selection of Public-Interest Business under paragraph (2) shall be comprised of three persons recommended by the Speaker of the National Assembly or the chairperson of the relevant City/Do council and the related experts recommended by registered non-profit, non-governmental organizations. <Amended on Jun. 9, 2020> |
| (4) | The Minister of the Interior and Safety shall prepare detailed standards for selection, including the matters specified in paragraphs (1) and (2) each year, and publicly announce them or notify the registered non-profit, non-governmental organization thereof by January 31. <Amended on Feb. 29, 2008; Mar. 23, 2013; Aug. 13, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (5) | Necessary matters concerning the qualifications of members, composition and operation of the Committee for Selection of Public-Interest Business under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 8 (Submission of Business Plan) |
When a registered non-profit, non-governmental organization intends to be granted subsidy in order to promote any public interest business, it shall submit a business plan, specifying the purpose and details of the business, expenses incurred and other necessary matters, by not later than the end of February of the relevant fiscal year to the Minister of the Interior and Safety or Mayor/Do Governor. <Amended on Feb. 29, 2008; Mar. 23, 2013; Aug. 13, 2013; Nov. 19, 2014; Jul. 26, 2017; Jun. 9, 2020>
| Article 9 (Submission of Business Report) |
| (1) | When a registered non-profit, non-governmental organization has completed the business according to the business plan under Article 8, it shall prepare a business report by not later than January 31 of the following fiscal year and submit such report to the Minister of the Interior and Safety or Mayor/Do Governor. <Amended on Feb. 29, 2008; Mar. 23, 2013; Aug. 13, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety or Mayor/Do Governor who receives a business report under paragraph (1) shall perform the evaluation of the relevant business, and disclose the major details of the business report, including performance and outcomes of the business, details of business expenditure, etc., and results of the evaluation on the Website, etc. <Newly Inserted on May 18, 2015; Jul. 26, 2017> |
| (3) | Matters necessary for the evaluation of the business, and disclosure of a business report and evaluation results under paragraph (2) shall be prescribed by the Ordinance of the Ministry of the Interior and Safety. <Newly Inserted on May 18, 2015; Jul. 26, 2017> |
[Title Amended on May 18, 2015]
| Article 10 (Tax Reduction or Exemption) |
Any registered non-profit, non-governmental organization may be subject to tax reduction or exemption, as prescribed by the Restriction of Special Taxation Act and other tax-related statutes.
| Article 11 (Subsidization of Postal Charges) |
Necessary postal matters for the public interest activities of the registered non-profit, non-governmental organizations may be subject to partial reduction of postal charges and the matters concerning its details and scope shall be prescribed by Presidential Decree.
| Article 12 (Recovery of Subsidies) |
| (1) | The Minister of the Interior and Safety or Mayor/Do Governor shall recover the subsidies from non-profit, non-governmental organizations that have been granted such subsidies by stating false information in a business plan or by other wrongful means. The same shall apply where the subsidy granted has been used for any purpose other than that stated in the relevant business plan. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Where the Minister of the Interior and Safety or Mayor/Do Governor recovers a subsidy under paragraph (1), if any non-profit, non-governmental organization that should return such subsidy fails to return it within any prescribed period, he/she shall collect it in the same manner as delinquent national taxes or local taxes. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 12-2 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
[This Article Newly Inserted on May 18, 2015]
| Article 13 (Penalty Provisions) |
| (1) | Any person who states any false information in a business plan or is granted a subsidy by other wrongful means shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 30 million won. <Amended on Oct. 15, 2014> |
| (2) | Any person who uses a subsidy for any purpose other than that stated in the relevant business plan shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 20 million won. <Amended on Oct. 15, 2014> |
ADDENDUM <Act No. 6118, Jan. 12, 2000>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12046, Aug. 13, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 (Transitional Measures concerning Public Announcement of Standards for Selecting Business to Support and Submission of Business Plan)
Where the standards for selecting business to support non-profit, non-governmental organizations were publicly announced or notified to the registered non-profit, non-governmental organizations under previous Article 7 (4) before this Act enters into force, the previous provisions shall apply, notwithstanding the amended Articles 7 and 8.
ADDENDUM <Act No. 12796, Oct. 15, 2014>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 13290, May 18, 2015>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 14188, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Cancellation of Registration)
Any non-profit, non-governmental organization the registration of which has been cancelled or the procedure for cancellation of registration of which is under way shall be deemed a non-profit, non-governmental organization the registration of which has been cancelled or the procedure for cancellation of registration of which is under way under the amended provisions of Article 4-2.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended pursuant to Article 5 of this Addenda, amended parts of the Acts which were promulgated before this Act enters into force but the enforcement dates of which have not arrived, shall enter into force on the enforcement date of the relevant Act, respectively. Articles 2 through 6 Omitted.
ADDENDUM <Act No. 17374, Jun. 9, 2020>
This Act shall enter into force on the date of its promulgation.