ACT ON SPECIAL CASES CONCERNING THE MANAGEMENT OF POSTAL SERVICES
Act No. 5216, Dec. 30, 1996
Amended by Act No. 5529, Feb. 28, 1998
Act No. 5601, Dec. 30, 1998
Act No. 5982, May 24, 1999
Act No. 6062, Dec. 28, 1999
Act No. 6144, Jan. 12, 2000
Act No. 6196, Jan. 21, 2000
Act No. 6529, Dec. 19, 2001
Act No. 6584, Dec. 31, 2001
Act No. 7187, Mar. 11, 2004
Act No. 7335, Jan. 14, 2005
Act No. 7796, Dec. 29, 2005
Act No. 8001, Sep. 27, 2006
Act No. 8050, Oct. 4, 2006
Act No. 8852, Feb. 29, 2008
Act No. 8857, Feb. 29, 2008
Act No. 9280, Dec. 31, 2008
Act No. 9401, Jan. 30, 2009
Act No. 10247, Apr. 12, 2010
Act No. 10699, May 23, 2011
Act No. 11530, Dec. 11, 2012
Act No. 11707, Mar. 23, 2013
Act No. 12844, Nov. 19, 2014
Act No. 13008, Jan. 20, 2015
Act No. 13696, Dec. 29, 2015
Act No. 13782, Jan. 19, 2016
Act No. 14839, Jul. 26, 2017
Act No. 17219, Apr. 7, 2020
Act No. 18076, Apr. 20, 2021
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to promote rational management of postal services, to improve the quality of postal administration services and to contribute to the development of the national economy by prescribing special cases concerning the organization, personnel affairs, budget, management, etc. of postal services.
[This Article Wholly Amended on Apr. 12, 2010]
The terms used in this Act are defined as follows: <Amended on Mar. 23, 2013; Jan. 20, 2015; Jul. 26, 2017>
| 1. | The term "postal services" means each of the following services: |
| (j) | Other services incidental to the services prescribed in items (a) through (e) and which are prescribed by Presidential Decree. |
| 2. | The term "organization for postal services" means an agency that takes overall charge of postal services established under the jurisdiction of the Minister of Science and ICT (hereinafter referred to as "agency in overall charge of postal services") and agencies affiliated thereto in order to divide and partially take charge of postal services among affairs under the jurisdiction of the Minister of Science and ICT. |
[This Article Wholly Amended on Apr. 12, 2010]
| Article 3 (Guarantee of Autonomous Management) |
The State shall facilitate the autonomous and rational operation of postal services, and prepare financial and administrative support measures necessary therefor.
[This Article Wholly Amended on Apr. 12, 2010]
| Article 4 (Establishment and Composition of the Postal Services Steering Committee) |
| (1) | The Postal Services Steering Committee (hereinafter referred to as the "Committee") shall be established under the Ministry of Science and ICT in order to deliberate on important matters, etc. concerning the systematic and efficient operation of postal services. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | The Committee shall be comprised of not more than 12 members including one chairperson. |
| (3) | The President shall appoint the chairperson of the Committee on the recommendation of the Minister of Science and ICT from among persons with abundant knowledge and experience. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (4) | The members of the Committee shall be persons commissioned by the Minister of Science and ICT, who are appointed by a related central administrative agency from among public officials belonging to the Senior Civil Service of a related central administrative agency and to the agency in overall charge of postal services and who have abundant knowledge and experience in postal services. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (5) | The term of office of the chairperson and members of the Committee commissioned by the Minister of Science and ICT shall be two years. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Apr. 12, 2010]
| Article 5 (Functions and Operation of the Committee) |
| (1) | The Committee shall deliberate on the following: |
| 1. | Matters concerning the formulation and modification of a master plan and an annual action plan concerning the rationalization of management under Article 6; |
| 2. | Matters concerning the evaluation of the business performance and payment of bonuses under Article 6-3 (2); |
| 3. | Matters concerning a financial plan for postal services; |
| 4. | Matters concerning the use of reserve funds and generation and disbursement of earnings; |
| 5. | Matters concerning the adjustment of postal charges, charges for postal money orders and fees for the use of postal administration services; |
| 6. | Matters concerning the entrustment of postal services under Article 17; |
| 8. | Important matters concerning the formulation and modification of a plan for management of State property related to postal services; |
| 10. | Matters concerning the operation and management of postal insurance reserves under the Act on the Special Accounts for Postal Insurance; |
| 11. | Matters affecting the financial soundness of the banking sector of postal services; |
| 12. | Other important matters concerning the provision of postal services submitted to a meeting of the Committee by the chairperson. |
| (2) | A majority of the members of the Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present. |
| (3) | Notwithstanding paragraph (2), where an agenda item subject to deliberation is insignificant or where there is insufficient time to convene a meeting due to urgent circumstances, the chairperson may conduct deliberation in writing. In such case, any decision of the Committee shall require submission of deliberation letters by a majority of the members of the Committee and the concurring vote of a majority of those who submitted deliberation letters. <Newly Inserted on Jan. 20, 2015> |
| (4) | Matters necessary for the organization, operation, etc. of the Committee shall be prescribed by Presidential Decree. <Amended on Jan. 20, 2015> |
[This Article Wholly Amended on Apr. 12, 2010]
| Article 5-2 (Subcommittees) |
| (1) | The Committee may have subcommittees by field in order to efficiently deliberate on the following: <Amended on Jan. 20, 2015> |
| 1. | Matters concerning the adjustment of postal charges and fees for the use of postal administration services (limited only to fees for the use of postal matters) among matters prescribed in Article 5 (1) 5; |
| 2. | Matters concerning the operation and management of postal savings funds prescribed in Article 5 (1) 9; |
| 3. | Matters concerning the operation and management of postal insurance reserves prescribed in Article 5 (1) 10; |
| 4. | Matters affecting the financial soundness of the banking sector among postal services prescribed in Article 5 (1) 11. |
| (2) | A subcommittee shall report matters deliberated on pursuant to paragraph (1) to the chairperson of the Committee. |
| (3) | Except for cases where the chairperson of the Committee deems that re-deliberation by the Committee or another subcommittee is required, the matters deliberated on by a subcommittee shall be deemed deliberated on by the Committee. |
| (4) | The chairperson of a subcommittee shall be elected by the Committee from among and by its members, and other matters necessary for the composition, operation, etc. of a subcommittee shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Apr. 12, 2010]
[Previous Article 5-2 moved to Article 5-3 <Apr. 12, 2010>]
| Article 5-3 (Evaluation of Business Performance of Agency in Overall Charge of Postal Services) |
| (1) | Where the Minister of Science and ICT deems it necessary for the evaluation of matters prescribed by Presidential Decree, such as the business performance of the agency in overall charge of postal services, he or she may form and operate the postal services management evaluation team (hereinafter referred to as "management evaluation team") consisting of related experts. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | Matters necessary for the formation, operation, etc. of the management evaluation team shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Apr. 12, 2010]
[Moved from Article 5-2; previous Article 5-3 moved to Article 5-4 <Apr. 12, 2010>]
| Article 5-4 (Publication of Outcomes of Evaluation) |
The Minister of Science and ICT shall publish the outcomes of evaluation of the business performance of postal services, etc. conducted by the management evaluation team, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jul. 26, 2017>
[This Article Wholly Amended on Apr. 12, 2010]
[Moved from Article 5-3 <Apr. 12, 2010>]
| Article 5-5 (Legal Fiction as Public Official in Application of Penalty Provisions) |
[This Article Newly Inserted on Jan. 20, 2015]
| Article 6 (Management Rationalization Plans) |
| (1) | The head of the agency in overall charge of postal services shall formulate and execute a master plan to rationalize the management of postal services (hereinafter referred to as "management rationalization plan") with approval from the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | A management rationalization plan shall include the following: |
| 1. | Matters concerning the objectives and fundamental policies of the rationalization of management; |
| 2. | Matters concerning adjusting the scale of business, such as the establishment and closure of post offices, a volume of services and the number of employees; |
| 3. | Matters concerning the improvement of the quality and productivity of postal administration services; |
| 4. | Matters concerning the optimization of charges, fees, postal savings and insurance, etc.; |
| 5. | Other matters necessary for the rationalization of management. |
| (3) | The head of the agency in overall charge of postal services shall formulate an annual action plan according to a master plan for the rationalization of management and submit it to the Minister of Science and ICT. The same shall also apply to cases where he or she modifies an annual action plan. <Amended on Mar. 23, 201; Jul. 26, 2017> |
| (4) | An annual action plan under paragraph (3) shall include the specific objective of the business performance, at which the agency in overall charge of postal services aims, and the performance measurement indexes by which it may measure such business performance in an objective manner. |
| (5) | Matters necessary for the formulation and execution of a management rationalization plan provided for in paragraph (1) and of an annual action plan provided for in paragraph (3) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Apr. 12, 2010]
CHAPTER I-2 HEAD OF THE AGENCY IN OVERALL CHARGE OF POSTAL SERVICES
| Article 6-2 (Employment of Head of the Agency in Overall Charge of Postal Services) |
| (1) | The Minister of Science and ICT shall employ the head of the agency in overall charge of postal services as a public official in a fixed term position provided for in Article 26-5 of the State Public Officials Act from among those with considerable knowledge and experience in administration or management or with considerable experience in the field of postal services according to the procedures for open recruitment. <Amended on Dec. 11, 2012; Mar. 23, 2013; Jul. 26, 2017> |
| (2) | The Minister of Science and ICT shall determine the requirements for employment of the head of the agency in overall charge of postal services in consultation with the Minister of Personnel Management. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | The Minister of Science and ICT shall determine the period of employment of the head of the agency in overall charge of postal services not to exceed three years. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (4) | The procedures for open recruitment and employment of the head of the agency in overall charge of postal services, the details of the employment contract, the grounds for cancellation of the employment contract, etc. shall be prescribed by Presidential Decree. |
| (5) | Where a public official in career service has retired from office in order to be employed as the head of the agency in overall charge of postal services pursuant to paragraph (1), whose period of employment has expired or employment contract has been terminated, priority shall be given to him or her, on a career competitive basis, who was the public official in career service at the grade of office as at the time he or she retired from office (in the case of a public official belonging to the Senior Civil Service, referring to a position equal or similar to that held by a public official belonging to the Senior Civil Service as at the time he or she retired from office, in terms of the difficulty and responsibility of such position): Provided, That this shall not apply to cases where an employment contract has been terminated for any ground prescribed by Presidential Decree. <Amended on May 23, 2011> |
[This Article Wholly Amended on Apr. 12, 2010]
| Article 6-3 (Responsibility of Head of the Agency in Overall Charge of Postal Services) |
| (1) | The head of the agency in overall charge of postal services shall duly perform the employment contract that he or she has entered into with the Minister of Science and ICT, and endeavor to improve public interest and efficiency in the operation of the organization for postal services, to rationalize management of postal services and to improve the quality of services. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | The head of the agency in overall charge of postal services shall evaluate the business performance of agencies under his or her jurisdiction each year, and apply the outcomes thereof to improving the operation of postal services. |
[This Article Wholly Amended on Apr. 12, 2010]
| Article 6-4 (Remuneration of Head of the Agency in Overall Charge of Postal Services) |
Matters concerning the remuneration of the head of the agency in overall charge of postal services shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Apr. 12, 2010]
CHAPTER II SPECIAL CASES FOR RATIONALIZATION OF MANAGEMENT OF POSTAL SERVICES
| Article 7 (Establishment and Operation of Organization for Postal Services) |
| (2) | The establishment of the organization for postal services and its division of duties may be prescribed separately by Presidential Decree. <Amended on Mar. 23, 2013> |
| (3) | The establishment of sub-organizations of agencies affiliated with the agency in overall charge of postal services and their division of duties may be prescribed separately by Ordinance of the Ministry of Science and ICT to the extent prescribed by Presidential Decree. <Newly Inserted on Mar. 23, 2013; Jul. 26, 2017> |
| (4) | Where the Ordinance of the Ministry of Science and ICT is enacted or amended under paragraph (3), prior notice thereof shall be given to the Minister of the Interior and Safety. In such cases, the Minister of the Interior and Safety may present his or her opinion thereon. <Newly Inserted on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Apr. 12, 2010]
| Article 7-2 (Quota of Public Officials) |
| (1) | The quota of public officials employed by the organization for postal services may be prescribed separately by Presidential Decree. |
| (2) | Notwithstanding paragraph (1), the quota of public officials of Grade VI or below or those of equivalent Grades for each class, from among public officials employed by the organization for postal services, may be prescribed separately by Ordinance of the Ministry of Science and ICT. <Amended on Jul. 26, 2017; Apr. 20, 2021> |
| (3) | Where the Ordinance of the Ministry of Science and ICT is enacted or amended under paragraph (2), prior notice thereof shall be given to the Minister of the Interior and Safety. In such cases, the Minister of the Interior and Safety may present his or her opinion thereon. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Mar. 23, 2013]
| Article 7-3 (Delegation of Right to Appointment) |
Notwithstanding Article 32 (1) through (3) of the State Public Officials Act, the Minister of Science and ICT may delegate his or her right to appoint public officials belonging to the organization for postal services, to the head of the agency in overall charge of postal services, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jul. 26, 2017> [This Article Wholly Amended on Apr. 12, 2010]
| Article 7-4 (Concurrent Offices) |
| (1) | Notwithstanding Articles 32-3 and 32-5 of the State Public Officials Act and other related statutes, the Minister of Science and ICT may allow public officials of Grade VI or below in the organization for postal services to hold two or more positions concurrently for the efficient management of postal services, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | The Minister of Science and ICT may delegate part of his or her authority under paragraph (1) to the head of the agency in overall charge of postal services. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Apr. 12, 2010]
| Article 7-5 (Interagency Personnel Exchange) |
Where the head of a central administrative agency deems it necessary to transfer public officials between the agency in overall charge of postal services and the central administrative agency, he or she may enable personnel exchange in consultation with the head of the agency in overall charge of postal services.
[This Article Newly Inserted on Mar. 23, 2013]
| Article 8 (Employment of Employees) |
| (1) | Notwithstanding Article 34 of the State Public Officials Act, the Minister of Science and ICT may conduct an examination for employment of public officials of Grade VI or below in general service in the organization for postal services as entrusted by the Minister of Personnel Management. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | If necessary for the efficient operation of postal services, the Minister of Science and ICT may employ some of the quota of public officials in career service or in extraordinary civil service as public officials in a fixed term position prescribed in Article 26-5 of the State Public Officials Act, as prescribed by Presidential Decree. <Amended on Dec. 11, 2012; Mar. 23, 2013; Jul. 26, 2017> |
| (3) | The Minister of Science and ICT may delegate part of his or her authority under paragraph (2) to the head of the agency in overall charge of postal services, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Apr. 12, 2010]
| Article 8-2 (Entrusted Education and Training) |
| (1) | Notwithstanding Article 13 (1) of the Act on the Capacity Development of Public Officials, the Minister of Science and ICT may entrust a domestic educational and training institution with education and training of public officials in charge of postal services. In such cases, the period of education and training shall be less than six months. <Amended on Mar. 23, 2013; Dec. 29, 2015; Jul. 26, 2017> |
| (2) | Matters necessary for educational and training institutions, the period of education and training, personnel to receive education and training, etc. as provided for in paragraph (1) shall be determined by the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Apr. 12, 2010]
| Article 9 (Classification of Accounts) |
| (1) | Accounts for postal services shall be classified into special accounts for postal business, special accounts for postal savings and special accounts for postal insurance, and the scope of services for each account shall be as follows: |
| 1. | Special accounts for postal business: Postal services and services incidental thereto; |
| 2. | Special accounts for postal savings: Services concerning postal money orders, postal transfer and postal savings, and services incidental thereto; |
| 3. | Special accounts for postal insurance: Services concerning postal insurance and services incidental thereto. |
[This Article Wholly Amended on Apr. 12, 2010]
| Article 9-2 (Computerization of Accounting) |
| (1) | In order to expeditiously and accurately compile and arrange accounting reports of postal services and to efficiently manage account books, the Minister of Science and ICT may make preparation, reports, records, keeping, notification, etc. of books, ledgers, documents, written reports, etc. by using electronic computation media developed by him or her. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | Where necessary to systematically manage national finance, the Minister of Economy and Finance may request the Minister of Science and ICT to process business and data by connecting electronic computation media under paragraph (1) and other electronic computation media. In such cases, the Minister of Science and ICT shall comply with such request except for cases where there is a compelling reason not to do so. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Apr. 12, 2010]
| Article 9-3 (Establishment and Revision of Forms) |
| (1) | The Minister of Science and ICT may establish or revise accounting forms used in postal services in line with the electronic data processing environment. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | When the Minister of Science and ICT establishes or revises forms pursuant to paragraph (1), he or she shall consult in advance with the Minister of Economy and Finance and the Board of Audit and Inspection of Korea. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Apr. 12, 2010]
| Article 10 Deleted. <Sep. 27, 2006> |
| Article 11 (Revenues and Expenditures of Budget for Special Accounts for Postal Business) |
| (1) | Revenues of budget for special accounts for postal services shall be as follows: |
| 1. | Proceeds from postal business and proceeds from entrusted services; |
| 2. | Money transferred from other accounts; |
| 3. | Earnings from property by investment, etc. under Article 18-2; |
| 6. | The balance brought forward from the previous year; |
| 7. | Other earnings related to postal business. |
| (2) | Expenditures of the budget for special accounts for postal business shall be as follows: |
| 1. | Expenses incurred in the management and operation of postal business; |
| 2. | Working expenses incurred in the mechanization and computerization of postal business and construction of post office buildings, etc.; |
| 3. | Money transferred to other accounts; |
| 4. | Expenses incurred in relation to entrusted services under Article 17; |
| 5. | Repayments of and interest on borrowings; |
| 6. | Other expenses incurred in relation to postal business. |
[This Article Wholly Amended on Apr. 12, 2010]
| Article 11-2 (Revenues and Expenditures of Budget for Special Accounts for Postal Savings) |
| (1) | Revenues of the budget for special accounts for postal savings shall be as follows: |
| 1. | Proceeds from postal savings services and proceeds from entrusted services; |
| 2. | Money transferred from other accounts; |
| 3. | Earnings from property by investment. etc. under Article 18-2; |
| 6. | The balance brought forward from the previous year; |
| 7. | Other earnings related to postal savings services. |
| (2) | Expenditures of the budget for special accounts for postal savings shall be as follows: |
| 1. | Expenses incurred in the management and operation of postal savings services; |
| 2. | Working expenses incurred in the mechanization and computerization of postal savings services and construction of post office buildings related to postal savings services, etc.; |
| 3. | Money transferred to other accounts; |
| 4. | Expenses incurred in relation to entrusted services under Article 17; |
| 5. | Repayments of and interest on borrowings; |
| 6. | Other expenses related to postal savings services. |
[This Article Wholly Amended on Apr. 12, 2010]
| Article 12 (Guidelines for Compilation of Budget Bill) |
When the Minister of Economy and Finance prepares guidelines for the compilation of a budget bill under Article 29 (1) of the National Finance Act, he or she shall reflect the corporate characteristics of postal services business based on the opinion of the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> [This Article Wholly Amended on Apr. 12, 2010]
| Article 13 (Redirection and Re-appropriation of Budget) |
| (1) | Notwithstanding Articles 46 and 47 of the National Finance Act and Article 20 of the Government Enterprise Budget Act, where particularly necessary for the execution of budget, the Minister of Science and ICT may redirect or reappropriate budget among the respective budget item within the total amount of the respective expenditure budget of special accounts for postal business, of special accounts for postal savings, or of special accounts for postal insurance, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | When the Minister of Science and ICT has redirected or reappropriated budget pursuant to paragraph (1), he or she shall forward a detailed statement on the amounts and reasons redirected or reappropriated for each item, to the Minister of Economy and Finance and the Board of Audit and Inspection of Korea. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | The Minister of Science and ICT may delegate part of his or her authority regarding redirection and reappropriation provided for in paragraph (1) to the head of the agency in overall charge of postal services, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Apr. 12, 2010]
| Article 13-2 (Carry Forward of Budget) |
| (1) | The head of the agency in overall charge of postal services may spend operating expenses of the relevant fiscal year that have been unexpended due to extenuating grounds, out of a budget for special accounts for postal services or for special accounts for postal business, by carrying forward the expenses to the following fiscal year with approval from the Minister of Science and ICT within the extent prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | The head of the agency in overall charge of postal services may spend expenditure budget, the amount of which is required to be disbursed from special accounts for postal insurance, but which has been unexpended by the deadline for the settlement of receipts and disbursements in the relevant fiscal year, by carrying forward the budget to the following fiscal year with approval from the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | When the Minister of Science and ICT has approved the carry forward of expenditure budget pursuant to paragraphs (1) and (2), he or she shall forward the approval to the Minister of Economy and Finance and the Board of Audit and Inspection of Korea. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Apr. 12, 2010]
| Article 14 (Generation and Disbursement of Earnings) |
| (1) | If the head of the agency in overall charge of postal services intends to spend surplus earnings of special accounts for postal business, of special accounts for postal savings, or of special accounts for postal insurance, he or she shall prepare a detailed report on the grounds and amounts for the spending and obtain approval from the Minister of Science and ICT, notwithstanding Article 19 of the Government Enterprise Budget Act. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | When the Minister of Science and ICT has approved the spending of surplus earnings pursuant to paragraph (1), he or she shall notify the Minister of Economy and Finance and the Board of Audit and Inspection of Korea of such approval. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Apr. 12, 2010]
| Article 14-2 (Disposal of Profits and Losses) |
| (1) | Where special accounts for postal business and special accounts for postal savings yield profits as a result of the settlement of accounts for each fiscal year pursuant to Article 21 of the Government Enterprise Budget Act, the head of the agency in overall charge of postal services shall reserve such profits as earned surplus, and where those accounts have accrued deficits, he or she shall offset such deficits with the earned surplus: Provided, That where necessary for the efficient operation of postal services, the Minister of Science and ICT may, after deliberation by the Committee, transfer earnings from special accounts that have yielded profits to other special accounts to offset deficits thereof, notwithstanding other Acts. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | The head of the agency in overall charge of postal services may, after deliberation by the Committee, spend some of the earned surplus under paragraph (1) for uses prescribed by Presidential Decree, such as the mechanization of postal services. |
[This Article Wholly Amended on Apr. 12, 2010]
| Article 15 (Payment of Bonuses and Compensations) |
| (1) | Notwithstanding Article 47 of the State Public Officials Act, the Minister of Science and ICT may give bonuses according to the evaluation of the business performance referred to in Article 5-3 (1), as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | Notwithstanding Article 47 of the State Public Officials Act, the head of the agency in overall charge of postal services may give bonuses on an agency basis or on an individual basis under its jurisdiction according to the evaluation of the business performance referred to in Article 6-3 (2), as prescribed by Presidential Decree. |
| (3) | The head of the agency in overall charge of postal services may give compensations to persons who have provided postal services according to their business performance on a sub-organization basis or on an individual basis under the jurisdiction of the organization for postal services, as prescribed by Presidential Decree. |
[This Article Wholly Amended on Apr. 12, 2010]
| Article 15-2 (Special Cases concerning Determination of Charges) |
When the Minister of Science and ICT determines postal charges for domestic and overseas packages, postal charges for international express mail service, and charges for postal money orders, he or she is not required to go through consultation with the Minister of Economy and Finance, notwithstanding Article 4 (1) of the Price Stabilization Act. <Amended on Mar. 23, 2013; Jul. 26, 2017> [This Article Wholly Amended on Apr. 12, 2010]
| Article 16 (Determination of Fees) |
Notwithstanding Article 4 (2) of the Price Stabilization Act, the Minister of Science and ICT shall determine fees for the use of postal administration services after deliberation by the Committee. <Amended on Mar. 23, 2013; Jul. 26, 2017> [This Article Wholly Amended on Apr. 12, 2010]
| Article 17 (Entrustment of Postal Services) |
| (1) | The Minister of Science and ICT may entrust any other person with part of postal services, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | Where the Minister of Science and ICT has entrusted any other person with part of postal services pursuant to paragraph (1), he or she may pay fees or subsidies necessary for the operation of such services to the person who operates the entrusted services, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | The Minister of Science and ICT may allow a person entrusted with services to pay some of the profits yielded in connection with the operation of the entrusted services referred to in paragraph (1), to special accounts for postal business, special accounts for postal savings, or postal insurance reserves referred to in the Act on Special Accounts for Postal Insurance, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Apr. 12, 2010]
| Article 17-2 (Research and Development of Postal Services) |
| (1) | The head of the agency in overall charge of postal services shall be committed to research and development in all areas of postal services for the promotion and fostering of postal services. |
| (2) | In order to promote research and development under paragraph (1), the head of the agency in overall charge of postal services may support or foster institutions or organizations specialized in postal services. |
| (3) | The head of the agency in overall charge of postal services may provide support for the use of development outcomes of research institutes and organizations supported and fostered pursuant to paragraph (2) in enterprises related to postal services, as prescribed by Presidential Decree. |
| (4) | Matters necessary for the extent of institutions, organizations and enterprises and methods of support and fostering under paragraphs (2) and (3) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Apr. 12, 2010]
CHAPTER III UTILIZATION OF PROPERTY OF POSTAL SERVICES
| Article 18 (Common Provisions) |
"Property of postal services" in this Chapter means all the property attributed to special accounts for postal business and special accounts for postal savings, among the State property under Article 5 of the State Property Act. [This Article Wholly Amended on Apr. 12, 2010]
| Article 18-2 (Investment) |
| (1) | The Minister of Science and ICT may invest in, contribute to, or grant loans or subsidies (hereinafter referred to as "investment, etc.") to business deemed necessary for the efficient operation of postal services. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | Where the Minister of Science and ICT deems investment in kind is necessary in investing in business under paragraph (1), notwithstanding the State Property Act, he or she may invest the following property in kind in consultation with the Minister of Economy and Finance, as prescribed by Presidential Decree: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | Where the Minister of Science and ICT makes an investment in kind pursuant to paragraph (2), he or she shall determine the value thereof in consideration of a value appraised by an appraisal corporation, etc. in accordance with the Act on Appraisal and Certified Appraisers. <Amended on Mar. 23, 2013; Jan. 19, 2016; Jul. 26, 2017; Apr. 7, 2020> |
| (4) | Income generated from dividends of profits yielded and from sale of stocks, etc., by investment referred to in paragraphs (1) and (2) shall be the income of special accounts for postal business, special accounts for postal savings, or postal insurance reserves under the Act on Special Accounts for Postal Insurance. |
| (5) | Matters necessary for the extent to which the Minister of Science and ICT may make an investment, etc. pursuant to paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Apr. 12, 2010]
| Article 19 (Presentation of Opinions on Management) |
| (1) | The Minister of Science and ICT may request a company in which he or she has invested pursuant to Article 18-2 (1) and (2) (hereinafter referred to as "government-funded enterprise") to submit materials or to make a necessary report by which he or she is able to grasp the management conditions thereof, and may present his or her opinion on the management of the government-funded enterprise. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | The Minister of Science and ICT may, where deemed particularly necessary, allow a public official under his or her jurisdiction or a related expert to inspect business of a government-funded enterprise. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | No government-funded enterprise shall refuse to submit materials or make a report under paragraph (1) or to undergo an inspection under paragraph (2) without a justifiable ground. |
| (4) | The extent of inspection of the businesses of a government-funded enterprise pursuant to paragraph (2) and other matters necessary for inspection shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Apr. 12, 2010]
| Article 20 (Permission to Use or Profit from Property of Postal Services) |
| (1) | Notwithstanding Articles 18 and 35 of the State Property Act, the Minister of Science and ICT may permit a person who intends to build a building or other structures (hereinafter referred to as "structures") in the property of postal services, to use or profit from the property of postal services, by fixing the type and period of structures, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | Where the Minister of Science and ICT has permitted to use or profit from the property of postal services pursuant to paragraph (1), he or she shall collect the rent, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Apr. 12, 2010]
| Article 21 (Reversion of Structures to the State) |
| (1) | Where there is any part directly necessary for postal services among the structures built by a person who has obtained a permit of use or of making profits pursuant to Article 20, such part shall be reverted to the State gratuitously at the same time its construction is completed. |
| (2) | When permission for use or profit-making under Article 20 is granted, the part to be reverted to the State gratuitously pursuant to paragraph (1) shall be clearly communicated. |
| (3) | Where the Minister of Science and ICT deems that any part other than the part reverted to the State pursuant to paragraph (1), among the structures built by a person who has obtained a permit to use or make profits, must be used for postal services, he or she may request the head of the agency in overall charge of postal services to purchase such part. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Apr. 12, 2010]
| Article 22 (Duty of Reinstatement) |
| (1) | A person who has obtained a permit to use or make profits under Article 20 shall, when the period of the permit has expired or the use or profit-making has been discontinued, reinstate the property permitted: Provided, That where the Minister of Science and ICT deems that such property cannot be reinstated or is inappropriate to be reinstated, he or she may exempt a person who has obtained a permit to use or make profits, from the duty to reinstate such property. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | When a person permitted to use or make a profit fails to reinstate the property permitted under the main clause of paragraph (1), the Minister of Science and ICT may remove structures or take other necessary measures in accordance with the Administrative Vicarious Execution Act. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | The Minister of Science and ICT may allow structures exempted from the duty to reinstate pursuant to the proviso of paragraph (1) to be owned by the State. In such cases, he or she shall manage such structures. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Apr. 12, 2010]
| Article 22-2 (Permission to Use or Profit from Property of Postal Services and Rents) |
| (1) | When the Minister of Science and ICT permits a person to use or profit from the property of postal services prescribed by Presidential Decree or lends such property, he or she may grant such permission to use, or profit from, or lend the property, and collect the rent or charges for lending therefrom, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jul. 26, 2017; Apr. 20, 2021> |
| (2) | Notwithstanding Article 30 (2) of the State Property Act, a person who has obtained permission to use or profit from the property of postal services pursuant to paragraph (1) of this Act or Article 30 (1) the State Property Act may allow any third person to use or profit from such property after obtaining approval from the Minister of Science and ICT. In such cases, the Minister of Science and ICT may grant approval to the extent necessary to prevent unfair practices and to efficiently provide postal services. <Newly Inserted on Apr. 20, 2021> |
[This Article Wholly Amended on Apr. 12, 2010]
| Article 23 (Burden of Expenses) |
The Minister of Science and ICT may require a person who has incurred expenses, such as the State or a local government, to bear the burden of the expenses incurred, where it manages post offices or exempts charges and fees concerning the use of postal administration services as a matter of national policy or for public purposes, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jul. 26, 2017>
[This Article Wholly Amended on Apr. 12, 2010]
ADDENDA <Act No. 5216, Dec. 30, 1996>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 1997. |
| (3) | (Transitional Measures concerning Communication Service Special Account and Postal Insurance Special Account) Budget execution and settlement of accounts in the Communication Service Special Account and the Postal Insurance Special Account for the 1997 fiscal year shall be governed by the former provisions. |
ADDENDA <Act No. 5529, Feb. 28, 1998>
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. 5601, Dec. 30, 1998>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
ADDENDA <Act No. 5982, May 24, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 6062, Dec. 28, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 2000.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 6144, Jan. 12, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 2000.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 6196, Jan. 21, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2000.
Article 2 (Preparatory Acts for Employment of Head of the Agency in Overall Charge of Postal Services)
The Minister of Information and Communication may perform the following acts necessary for the employment of the head of the agency in overall charge of postal services before this Act enters into force:
| 1. | Determination of the requirements for employment and the period of employment; |
| 2. | Determination of the procedures for employment, the details of the contract for employment and remuneration; |
| 3. | Open recruitment of candidates for employment and the conclusion of the contract for employment. |
Article 3 (Transitional Measures concerning Management Rationalization Plans and Annual Action Plans)
A management rationalization plan and an annual action plan formulated by the Minister of Information and Communication in accordance with the former provisions as at the time this Act enters into force shall be deemed a management rationalization plan under the amended provisions of Article 6 (1) and an annual action plan submitted to the Minister of Information and Communication in accordance with the amended provisions of Article 6 (3) respectively. Article 4 Omitted.
ADDENDA <Act No. 6529, Dec. 19, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2002.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 6584, Dec. 31, 2001>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 7187, Mar. 11, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 7335, Jan. 14, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 7796, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 8001, Sep. 27, 2006>
This Act shall enter into force on January 1, 2007: Provided, That the amended provisions of Articles 17-2 (3), 18, 18-2 (2) through (4), 19 (1) and 22-2 shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 8050, Oct. 4, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007. (Proviso Omitted.)
Articles 2 through 12 Omitted.
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. 8857, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 9280, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2009.
Articles 2 through 6 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. 10247, Apr. 12, 2010>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
ADDENDA <Act No. 10699, May 23, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11530, Dec. 11, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11707, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 7 and 7-2 shall enter into force three months after the date of their promulgation. Article 2 (Transitional Provisions)
In applying the former provisions before the enforcement date of the provisions prescribed in the proviso of Article 1 of Addenda, “Minister of Knowledge Economy” shall be construed as “Minister of Science, Information and Communications Technology (ICT) and Future Planning”, and “Ordinance of the Ministry of Knowledge Economy” as “Ordinance of the Ministry of Science, Information and Communications Technology (ICT) and Future Planning.”
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. 13008, Jan. 20, 2015>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 13696, Dec. 29, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2016.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 13782, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2016.
Articles 2 through 8 Omitted.
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 the amendments to the Acts, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, from among the Acts amended under Article 5 of the Addenda, shall enter into force on the date each of such Acts enters into force. Articles 2 through 6 Omitted.
ADDENDA <Act No. 17219, Apr. 7, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 18076, Apr. 20, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Permission to Use or Profit from Property of Postal Services)
The amended provisions of Article 22-2 (2) shall begin to apply where permission to use or profit from the property of postal services is granted or such permission is renewed on or after the date this Act enters into force.