KOREA INTERNATIONAL COOPERATION AGENCY ACT
Act No. 4313, Jan. 14, 1991
Amended by Act No. 4985, Dec. 6, 1995
Act No. 5638, Jan. 21, 1999
Act No. 6475, May 24, 2001
Act No. 7428, Mar. 31, 2005
Act No. 8316, Mar. 29, 2007
Act No. 10095, Mar. 17, 2010
Act No. 11482, Aug. 13, 2012
Act No. 11528, Dec. 11, 2012
Act No. 11690, Mar. 23, 2013
Act No. 11892, Jul. 16, 2013
Act No. 12771, Oct. 15, 2014
Act No. 13350, jun. 22, 2015
Act No. 14404, Dec. 20, 2016
Act No. 15788, Oct. 16, 2018
Act No. 17161, Mar. 31, 2020
The purpose of this Act is to contribute to the promotion of international cooperation by establishing the Korea International Cooperation Agency and having it perform various international development and cooperation projects in order to promote the friendly and cooperative relationship and mutual exchange between the Republic of Korea and developing countries and achieve poverty reduction, improvement of the quality of life, sustainable development, and humanitarianism of developing countries.
[This Article Wholly Amended on Mar. 31, 2020]
[This Article Wholly Amended on Oct. 16, 2018]
| Article 3 (Legal Personality) |
The Korea International Cooperation Agency (hereinafter referred to as the "KOICA") shall be a juristic person.
[This Article Wholly Amended on Mar. 17, 2010]
| Article 4 (Establishment) |
| (1) | The KOICA shall be duly established when its establishment is registered with the registry having jurisdiction over its principal place of business. |
| (2) | Matters required to be registered for incorporation pursuant to paragraph (1) shall be as follows: |
| 4. | Names and addresses of executive officers; |
| 5. | A method of giving public announcement. |
| (3) | The provisions on registration for incorporated foundations of the Civil Act shall apply mutatis mutandis to registration other than registration for incorporation. |
[This Article Wholly Amended on Mar. 17, 2010]
| Article 5 (Establishment of Offices) |
The KOICA may, where necessary, establish branch offices in Korea and abroad with the approval of the Minister of Foreign Affairs. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Mar. 17, 2010]
| Article 6 (Articles of Association) |
| (1) | Matters referred to in the following subparagraphs shall be included in the articles of association of the KOICA: |
| 3. | Matters concerning the head office, branch offices and affiliated institutions; |
| 4. | Matters concerning projects; |
| 5. | Matters concerning property and accounting; |
| 6. | Matters concerning executive officers and employees; |
| 7. | Matters concerning the board of directors; |
| 8. | Matters concerning the amendment of the articles of association; |
| 9. | Matters concerning public announcement; |
| 10. | Matters concerning the enactment, amendment and repeal of the internal regulations. |
| (2) | Where the KOICA intends to amend the articles of association, it shall obtain approval from the Minister of Foreign Affairs therefor. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Mar. 17, 2010]
In order to achieve the purposes referred to in Article 1, the KOICA shall carry out the following types of aid: <Amended on Oct. 16, 2018; Mar. 31, 2020> | 1. | International development cooperation connected with funds, facilities and technical support, etc.; |
| 2. | Development consulting; |
| 4. | Dispatch of professional human resources; |
| 5. | Dispatch of Korea Overseas Volunteers and training of global human resources; |
| 6. | Humanitarian assistance such as disaster relief; |
| 7. | Cooperation with local and foreign non-governmental organizations; |
| 8. | Cooperation with aid organizations of foreign countries and international organizations; |
| 9. | Research and study on the formulation of ideologies and policies on international development cooperation; |
| 10. | Types of aid entrusted by the Government; |
| 11. | Education and training, publicity and other projects incidental to projects under subparagraphs 1 through 10; |
| 12. | Other projects necessary for international development cooperation. |
[This Article Wholly Amended on Mar. 17, 2010]
| Article 8 (Executive Officers) |
| (1) | The KOICA shall have 15 directors or fewer, including one Chairperson, and one auditor. <Amended on Dec. 11, 2012> |
| (2) | Executive officers, other than the Chairperson and full-time directors prescribed by the articles of association, shall be part-time members. <Amended on Dec. 11, 2012; Oct. 16, 2018> |
| (3) | The full-time directors of the KOICA shall be appointed by the Chairperson following the recommendation procedures prescribed by Presidential Decree. <Amended on Dec. 11, 2012; Mar. 23, 2013; Oct. 16, 2018> |
| (4) | Deleted. <Oct. 16, 2018> |
| (5) | Deleted. <Oct. 16, 2018> |
| (10) | Deleted. <Oct. 16, 2018> |
[This Article Wholly Amended on Mar. 17, 2010]
| Article 9 Deleted. <Oct. 16, 2018> |
| Article 10 (Executive Officers’ Duties) |
| (1) | The Chairperson shall represent the KOICA, have general supervision and control of its affairs, and direct and supervise employees under his/her control. <Amended on Mar. 17, 2010; Dec. 11, 2012> |
| (2) | Deleted. <Jan. 21, 1999> |
| (3) | Full-time directors shall take charge of the affairs of the KOICA by sharing them among themselves as prescribed by the articles of association, and where the Chairperson is unable to perform his/her duties by any unavoidable cause, they shall perform his/her duties on his/her behalf in accordance with order prescribed by the articles of association. <Amended on Mar. 17, 2010; Dec. 11, 2012; Oct. 16, 2018> |
| (4) | The auditor shall audit the affairs and accounts of the KOICA. <Amended on Mar. 17, 2010> |
[Title Amended on Mar. 17, 2010]
| Article 11 Deleted. <Oct. 16, 2018> |
| Article 12 (Board of Directors) |
| (1) | The board of directors shall be established in the KOICA in order to deliberate and decide on important matters concerning the affairs thereof. |
| (2) | The board of directors shall be comprised of the Chairperson and directors. <Amended on Dec. 11, 2012> |
| (3) | The Chairperson shall convene and preside over meetings of the board of directors. <Amended on Dec. 11, 2012> |
| (4) | The auditor may attend a meeting of the board of directors and may state his/her opinion. |
[This Article Wholly Amended on Mar. 17, 2010]
| Article 13 (Appointment and Dismissal of Employees) |
Employees of the KOICA shall be appointed and dismissed by the Chairperson of the KOICA as prescribed by the articles of association. <Amended on Dec. 11, 2012>
[This Article Wholly Amended on Mar. 17, 2010]
| Article 14 (Dispatch of Public Officials) |
| (1) | The KOICA may request any State agency through the Minister of Foreign Affairs to dispatch public officials, if especially necessary to achieve its purposes. <Amended on Mar. 23, 2013> |
| (2) | The head of a State agency upon receipt of a request to dispatch public officials pursuant to paragraph (1) may dispatch public officials under his/her control to the KOICA. |
[This Article Wholly Amended on Mar. 17, 2010]
| Article 15 (Financial Resources for Operation) |
The KOICA shall be operated with the following financial resources: <Amended on Dec. 20, 2016>
| 1. | Contributions made by the Government or persons other than the Government; |
| 3. | Deleted; <Dec. 20, 2016> |
[This Article Wholly Amended on Mar. 17, 2010]
| Article 16 (Contributions) |
| (1) | The Government shall grant contributions necessary for the KOICA to appropriate it for expenses incurred in the operation thereof within budgetary limits. |
| (2) | Matters necessary for grant, use, etc., of contributions provided for in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 17, 2010]
| Article 17 (Gratuitous Loan of State Property) |
If necessary for the establishment and operation of the KOICA, the Government may lend State property and goods to the KOICA gratuitously and make it use or benefit from the same.
[This Article Wholly Amended on Mar. 17, 2010]
| Article 18 (Borrowing of Funds) |
| (1) | The KOICA may borrow funds (including borrowings from international organizations, foreign governments, or foreigners) necessary for the projects referred to in Article 7. |
| (2) | If the KOICA intends to borrow funds pursuant to paragraph (1), it shall obtain approval from the Minister of Foreign Affairs therefor. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Mar. 17, 2010]
| Article 18-2 Deleted. <Dec. 20, 2016> |
| Article 18-3 Deleted. <Dec. 20, 2016> |
| Article 19 Deleted. <Oct. 16, 2018> |
| Article 20 (Approval of Budget) |
The KOICA shall prepare a budget plan for each business year as prescribed by Presidential Decree and shall obtain approval from the Minister of Foreign Affairs therefor. The same shall apply where it intends to modify the same. <Amended on Mar. 23, 2013; Oct. 16, 2018>
[This Article Wholly Amended on Mar. 17, 2010]
[Title Amended on Oct. 16, 2018]
| Article 21 Deleted. <Oct. 16, 2018> |
| Article 22 (Collection of Fees, etc.) |
The KOICA may collect fees and other actual expenses incurred in carrying out the projects referred to in Article 7. [This Article Wholly Amended on Mar. 17, 2010]
| Article 22-2 (Promotion of Projects by Public Invitation) |
| (1) | Where deemed necessary to use technology and expertise of the public and private sectors, the KOICA may invite proposals for individual projects from the public and private sectors. In such cases, the KOICA may select individual projects and project operators and conclude contracts by assessing the proposals as prescribed by Presidential Decree. |
| (2) | Where deemed necessary to effectively conduct a project under Article 7, the KOICA may conclude an agreement with the government or body of a foreign country or an international organization to jointly conduct the project or require the other party to the agreement to conduct the project. In this regard, the agreement shall include the following matters: |
| 1. | Implementation plan of the project under the agreement; |
| 2. | Costs of the project under the agreement; |
| 3. | Other matters necessary for the project under the agreement. |
| (3) | Matters necessary for procedures, methods, etc. of public invitation and agreement under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| (4) | Except for public invitation and agreement under paragraphs (1) and (2), the KOICA shall conclude and manage contracts for conducting projects under Article 7 in accordance with relevant statutes such as the Act on Contracts to Which the State Is a Party: Provided, That where it is essential for achieving the purpose of a project that the KOICA conducts in a foreign country due to the applicable statutes or regulations, systems, etc. of the foreign country, the KOICA may determine bidding methods, selection of the successful tenderer, terms and conditions of the contract, etc. differently as prescribed by Presidential Decree. |
[This Article Newly Inserted on Oct. 16, 2018]
| Article 23 (Direction and Supervision of Affairs) |
| (1) | The Minister of Foreign Affairs shall direct and supervise the KOICA. <Amended on Mar. 23, 2013> |
| (2) | If deemed particularly necessary in connection with directions and supervision of the projects referred to in Article 7, the Minister of Foreign Affairs shall consult with the head of a relevant central administrative agency. <Amended on Mar. 23, 2013> |
| (3) | The Minister of Foreign Affairs may have the KOICA report necessary matters concerning the affairs, accounting, and property, and have public officials under his/her control inspect the books, documents and other things of the KOICA. <Amended on Mar. 23, 2013> |
| (4) | Any public official who conducts an inspection pursuant to paragraph (3) shall carry an identification indicating his/her authority and present it to interested persons. |
| (5) | Where any illegality or injustice is found as a result of direction and supervision under paragraph (1) or as a result of reporting and inspection under paragraph (3), the Minister of Foreign Affairs may order the KOICA to correct such illegality or injustice. <Newly Inserted on Oct. 16, 2018> |
[This Article Wholly Amended on Mar. 17, 2010]
| Article 24 (Entrustment of Authority) |
The Minister of Foreign Affairs may entrust part of his/her authority granted under this Act to the head of a relevant central administrative agency, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Mar. 17, 2010]
| Article 25 (Affiliated Institutions) |
The KOICA may establish affiliated institutions under its control in order to effectively carry out projects referred to in Article 7. [This Article Wholly Amended on Mar. 17, 2010]
| Article 26 (Duty of Confidentiality) |
No current or former executive officer or employee of the KOICA shall reveal any confidential information he/she has learned while performing his/her duties.
[This Article Wholly Amended on Mar. 17, 2010]
| Article 27 (Prohibition of Use of Similar Name) |
Any person who is not the KOICA under this Act shall not use the title "Korea International Cooperation Agency" or any title similar thereto.
[This Article Wholly Amended on Mar. 17, 2010]
| Article 28 (Application Mutatis Mutandis of the Civil Act) |
[This Article Wholly Amended on Mar. 17, 2010]
| Article 29 Deleted. <Oct. 16, 2018> |
| Article 30 (Penalty Provisions) |
Any person who divulges confidential information he/she has learned while performing his/her duties, in violation of Article 26, shall be punished by imprisonment with labor for not more than two years or a fine not exceeding 20 million won. <Amended on Jun. 22, 2015> [This Article Wholly Amended on Mar. 17, 2010]
| Article 31 (Administrative Fines) |
| (1) | Any person who uses the title "Korea International Cooperation Agency" or any title similar thereto, in violation of Article 27, shall be punished by an administrative fine not exceeding two million won. |
| (2) | Administrative fines prescribed in paragraph (1) shall be imposed and collected by the Minister of Foreign Affairs. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Mar. 17, 2010]
| Article 32 Deleted. <May 24, 2001> |
ADDENDA <Act No. 4313, Jan. 14, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Preparation for Establishment)
| (1) | The Minister of Foreign Affairs shall entrust seven or less members of an establishment committee within 30 days from the date when this Act enters into force and have them discharge the duties concerning the establishment of the KOICA. |
| (2) | The members shall prepare the articles of association of the KOICA which require authorization from the Minister of Foreign Affairs. |
| (3) | The members shall, upon obtaining authorization referred to in paragraph (2), make a registration for incorporation of the KOICA in their joint names without delay. |
| (4) | The members shall hand over the duties to the president of the KOICA immediately after the registration for incorporation is completed. |
| (5) | The members shall be deemed to have been decommissioned when the duties are completely transferred under paragraph (4). |
Article 3 (Establishment Expenses)
The establishment expenses of the KOICA shall be borne by the Korea Overseas Development Corporation (hereinafter referred to as the "Corporation").
Article 4 (Repeal of Other Act)
The Korea Overseas Development Corporation Act shall be repealed on the date on which the registration for incorporation of the KOICA is completed.
Article 5 (Succession of Rights and Duties)
| (1) | The Corporation shall be dissolved at the same time as the Korea Oversea Development Corporation Act is repealed, and the KOICA shall generally succeed to the rights and duties of the Corporation. |
| (2) | The Government contributions remaining at the time of dissolution of the Corporation shall be deemed to have been contributed to the KOICA on the date of dissolution of the Corporation. |
| (3) | The name of the Corporation entered in the registry or any other public account book on properties, rights and duties to which the Corporation Agency generally succeeds pursuant to paragraph (1), shall be deemed to be the name of the KOICA at the same time as the establishment of the KOICA. |
| (4) | Value of the property generally succeeded to pursuant to paragraph (1) shall be equivalent to the book value on the date immediately preceding the date of registration for incorporation of the KOICA. |
| (5) | Acts done by or toward the Corporation before the establishment of the KOICA shall be deemed acts done by or toward the KOICA. |
Article 6 (Succession of Related Affairs)
| (1) | The KOICA shall succeed to the following affairs from the relevant agencies at the same time as its establishment: Provided, That the time of succession to the gratuitous construction technical services shall be determined in consultation between the Minister of Foreign Affairs and the Minister of Construction: |
| 1. | Inviting trainees from and dispatching specialists to any specified cooperation area by the Ministry of Foreign Affairs, the Ministry of Construction, the Ministry of Labor, and the Ministry of Science and Technology; |
| 2. | Gratuitous construction technical services by the Ministry of Construction; |
| 3. | Development and research projects by the Ministry of Finance and Economy and the Ministry of Science and Technology; |
| 4. | Providing assistance for vocational training by the Ministry of Labor; |
| 5. | Projects executing grant aid and dispatch of medical teams and taekwondo masters by the Ministry of Foreign Affairs; |
| 6. | Dispatching the Korea Youth Overseas Service Corps by the Ministry of Education. |
| (2) | Acts done by or toward the central administrative agencies falling under any of the subparagraphs of paragraph (1) before the establishment of the KOICA shall be deemed the acts done by or toward the KOICA. |
Article 7 (Transfer of Budget)
The relevant portion of the budgets of central administrative agencies which has carried out the projects referred to in Article 7, and Article 6 of the Addenda shall be transferred to the budget under the jurisdiction of the Ministry of Foreign Affairs at the same time as the establishment of the KOICA. Article 8 (Relations with Other Statutes and Regulations)
Where any statute or regulation cites the Korea Overseas Development Cooperation Act or the Korea Overseas Development Cooperation at the time of establishment of the KOICA, it shall be deemed that such statute or regulation cites the Korea International Cooperation Agency Act or the Korea International Cooperation Agency, respectively.
ADDENDA <Act No. 4985, Dec. 6, 1995>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) In applying the penalty provisions for the acts done before this Act enters into force, the previous provisions shall apply. |
ADDENDA <Act No. 5638, Jan. 21, 1999>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Penalty Provisions) In applying the penal provisions for the acts committed before this Act enters into force, the previous provisions shall apply. |
ADDENDUM <Act No. 6475, May 24, 2001>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8316, Mar. 29, 2007>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | Deleted. <Dec. 20, 2016> |
ADDENDUM <Act No. 10095, Mar. 17, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11482, Aug. 13, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Deleted. <Dec. 20, 2016>
ADDENDA <Act No. 11528, Dec. 11, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures with regard to the President)
The president appointed pursuant to previous provisions as at the time this Act enters into force shall be considered the Chairman appointed pursuant to the amended provisions of Article 8 (3). Article 3 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.
ADDENDUM <Act No. 11892, Jul. 16, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 12771, Oct. 15, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Incompetent Persons)
Notwithstanding the amended provisions of subparagraph 3 of Article 9, the former provisions shall apply to persons for whom the declaration of incompetency or quasi-incompetency remains effective in accordance with Article 2 of the Addenda to the Civil Act (Act No. 10429).
ADDENDUM <Act No. 13350, Jun. 22, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14404, Dec. 20, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2017.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 15788, Oct. 16, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Projects by Public Invitation)
Projects that the KOICA has conducted through public invitation, agreements, etc. before this Act enters into force shall be deemed those conducted through public invitation, agreements, etc. under the amended provisions of Article 22-2.
ADDENDUM <Act No. 17161, Mar. 31, 2020>
This Act shall enter into force six months after the date of its promulgation.