DEVELOPMENT OF INTER-KOREAN RELATIONS ACT
Act No. 7763, Dec. 29, 2005
Amended by Act No. 12584, May 20, 2014
Act No. 15431, Mar. 13, 2018
Act No. 17162, Mar. 31, 2020
Act No. 17763, Dec. 29, 2020
Act No. 18484, Oct. 19, 2021
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to provide for necessary matters concerning basic relations between South and North Korea and the development of inter-Korean relations, so as to achieve peaceful unification prescribed in the Constitution of the Republic of Korea.
| Article 2 (Basic Principles) |
| (1) | The development of inter-Korean relations shall be promoted, pursuing the co-prosperity of the two Koreas and peaceful unification on the Korean Peninsula, on the basis of the principles of independence, peace and democracy. |
| (2) | The development of inter-Korean relations shall be promoted in accordance with the principles of transparency and confidence, on the basis of the national consensus, and inter-Korean relations shall not be exploited as a means to fulfill political or partisan purposes. |
| Article 3 (Relations between South and North Korea) |
| (1) | Relations between South and North Korea are not relations between nations, but special relations established temporarily in the course of pursuing unification. |
| (2) | Trade between South and North Korea shall not be regarded as international trade, but as intranational trade. |
The terms used in this Act are defined as follows: <Amended on Dec. 29, 2020>
| 1. | The term "representative of inter-Korean dialogue" means a person who participates in negotiations or dialogues with North Korea, or who has the authority to sign or initial inter-Korean agreements on behalf of the Government for a particular purpose; |
| 2. | The term "special envoy to North Korea" means a person who attends a major ceremony held in North Korea, conveys the position and recognition of the Government to North Korea for a particular purpose, or has the authority to sign or initial inter-Korean agreements with regard to the aforementioned activities; |
| 3. | The term "inter-Korean agreements" means all agreements concluded in the form of documents between the Government and the North Korean authorities; |
| 5. | The term "leaflets, etc." means leaflets, items (including propaganda materials, printed materials, and auxiliary memory devices), and monetary or other property benefits; |
| 6. | The term "dissemination" means the act of distributing leaflets, etc. to many unspecified persons in North Korea or of moving said leaflets, etc. (including simply moving leaflets, etc. via a third country; hereinafter the same shall apply) to North Korea without obtaining approval under Article 13 or 20 of the Inter-Korean Exchange and Cooperation Act for the purposes of propaganda, gift, etc. |
| Article 5 (Relationship to Other Statutes) |
The provisions concerning the representatives of inter-Korean dialogue, special envoys to North Korea and dispatched public officials in this Act shall prevail over other statutes.
CHAPTER II DEVELOPMENT OF INTER-KOREAN RELATIONS AND RESPONSIBILITIES OF THE GOVERNMENT
| Article 6 (Promotion of Peace on the Korean Peninsula) |
| (1) | The Government shall endeavor to promote inter-Korean reconciliation and peace on the Korean Peninsula. |
| (2) | The Government shall formulate and implement policies for alleviating tension on the Korean Peninsula and building political and military trust between South and North Korea. |
| Article 7 (Building of Inter-Korean Economic Community) |
| (1) | The Government shall endeavor to build inter-Korean economic community through the balanced development of the national economy. |
| (2) | The Government shall formulate and implement policies to promote the economic benefits of South and North Korea, such as the facilitation of inter-Korean economic cooperation and the establishment of an institutional groundwork therefor. |
| Article 8 (Recovery of National Homogeneity) |
| (1) | The Government shall endeavor to recover national homogeneity, by facilitating exchanges and cooperation in the social and cultural realms. |
| (2) | The Government shall formulate and implement policies for promoting mutual understanding between the two Koreas and for developing traditional Korean culture by expanding and developing exchanges and cooperation of local governments and non-governmental organizations or such. <Amended on Oct. 19, 2021> |
| Article 9 (Resolution of Humanitarian Issues) |
| (1) | The Government shall endeavor to resolve humanitarian issues caused by the division of the Korean Peninsula and improve human rights. |
| (2) | The Government shall formulate and implement policies to support confirmation of life or death and addresses, letter correspondences, and reunions of separated families and allow free visits and contacts between separated families for the long term. |
| Article 10 (Aid to North Korea) |
| (1) | The Government may provide aid to North Korea, when it is necessary in terms of humanitarianism and fraternity. |
| (2) | The Government shall formulate and implement comprehensive policies to ensure that aid to North Korea is provided in an efficient, systematic and transparent manner. |
| Article 11 (Promotion of Cooperation in International Community) |
The Government shall endeavor to promote common benefits of South and North Korea in the international community through international organizations or international meetings, etc.
| Article 12 (Financial Measures) |
| (1) | The Government shall endeavor to secure financial resources necessary for fulfilling the Government's responsibilities prescribed in this Act in a stable manner. <Amended on Oct. 19, 2021> |
| (2) | The Government may wholly or partially subsidize expenses incurred by local governments, non-profit corporations, or non-profit non-governmental organizations in conducting projects under this Act. <Newly Inserted on Oct. 19, 2021> |
[Title Amended on Oct. 19, 2021]
| Article 12-2 (Laying of Foundation for Development of Inter-Korean Relations) |
| (1) | The Government may implement the following projects to lay a foundation necessary for the development of inter-Korean relations: |
| 1. | Formulating and implementing various promotional plans to expand public awareness of the necessity of the development of inter-Korean relations; |
| 2. | Public participation projects to promote public understanding of and participation in the development of inter-Korean relations; |
| 3. | Laying a foundation by region necessary for the development of inter-Korean relations; |
| 4. | Collecting, analyzing, and disclosing the achievements and statistics on the development of inter-Korean relations and inter-Korean exchanges; |
| 5. | Support for non-profit corporations and non-profit non-governmental organizations engaged in projects or activities designed to lay a foundation necessary for the development of inter-Korean relations, such as the promotion of peace on the Korean Peninsula, the realization of inter-Korean economic community, the recovery of national homogeneity, the resolution of humanitarian issues, and the improvement of human rights. |
| (2) | Necessary matters regarding procedures, etc. for implementing the projects under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Oct. 19, 2021]
| Article 13 (Formulation of Master Plan on Development of Inter-Korean Relations) |
| (1) | The Government shall formulate a master plan (hereinafter referred to as "master plan") on the development of inter-Korean relations every five years. |
| (2) | The Minister of Unification shall finalize a master plan through deliberation by the Inter-Korean Relations Development Committee and the State Council: Provided, That a master plan accompanied by a budget shall obtain approval from the National Assembly. <Amended on May 20, 2014> |
| (3) | A master plan shall include the following matters: <Amended on Oct. 19, 2021> |
| 1. | Basic direction of the development of inter-Korean relations; |
| 2. | Matters concerning the promotion of peace on the Korean Peninsula; |
| 3. | Matters concerning exchanges and cooperation between South and North Korea; |
| 4. | Matters concerning laying the groundwork for the development of inter-Korean relations, such as the Government's establishment of a system for public-private cooperation with local governments, non-profit corporations, and non-profit non-governmental organizations; |
| 5. | Other matters necessary for the development of inter-Korean relations. |
| (4) | The Minister of Unification shall formulate annual implementation plans in accordance with a master plan, upon consultation with the heads of the relevant central administrative agencies. |
| (5) | Where the Minister of Unification formulates a master plan and annual implementation plans (hereinafter referred to as “master plan, etc.”) or amends important matters in the master plan, etc. prescribed by Presidential Decree, he or she shall report such plans to the National Assembly by any of the following deadlines: <Amended on Mar. 13, 2018> |
| 1. | Formulation of master plan, etc.: Before the opening of a regular session of the National Assembly; |
| 2. | Amendment to important matters in master plan, etc.: Within 30 days from the amendment. |
| Article 14 (Inter-Korean Relations Development Committee) |
| (1) | The Inter-Korean Relations Development Committee (hereinafter referred to as the "Committee") shall be established in the Ministry of Unification, to deliberate on a master plan and other important matters for the development of inter-Korean relations. |
| (2) | The Committee shall be comprised of not more than 30 members, including a Chairperson, and the terms of office of members falling under paragraph (3) 2 and 3 shall be two years. <Amended on Mar. 31, 2020; Dec. 29, 2020> |
| (3) | The Minister of Unification shall be the Chairperson and persons falling under the following subparagraphs shall be members of the Committee: Provided, That the Speaker of the National Assembly shall recommend 10 members, from among members falling under subparagraph 2, and at least one of the members commissioned by the Chairperson shall be a person under subparagraph 3: <Amended on Mar. 31, 2020; Dec. 29, 2020> |
| 1. | Vice-Ministerial level public officials of central administrative agencies concerned who are prescribed by Presidential Decree; |
| 2. | Persons appointed by the Chairperson, from among persons with abundant expert knowledge and experience in inter-Korean relations; |
| (4) | The Committee shall have one administrative secretary, and the secretary shall be nominated by the Chairperson, from among public officials belonging to the Ministry of Unification. |
| (5) | Necessary matters concerning the composition and operation of the Committee, etc. shall be prescribed by Presidential Decree. |
CHAPTER III REPRESENTATIVES OF INTER-KOREAN DIALOGUE
| Article 15 (Appointment of Representatives of Inter-Korean Dialogue) |
| (1) | The representatives of inter-Korean dialogue, who participate in negotiations or dialogues with North Korea concerning important matters related to North Korea or who have the authority to sign or initial important inter-Korean agreements, shall be recommended by the Minister of Unification, in consultation with the heads of the relevant agencies, and shall be appointed by the President via the Prime Minister. |
| (2) | The Minister of Unification shall be the representative of inter-Korean dialogue, in attending negotiations or dialogues with North Korea and signing or initialing inter-Korean agreements. |
| (3) | The representatives of inter-Korean dialogue shall be appointed by the Minister of Unification, excluding cases falling under paragraphs (1) and (2). |
| (4) | Special envoys to North Korea shall be appointed by the President. |
| (5) | When at least two representatives of inter-Korean dialogue or special envoys to North Korea are appointed, they shall be ranked and a senior representative of inter-Korean dialogue or a senior envoy to North Korea shall be designated. |
| (6) | Other matters necessary for the appointment, etc. of the representatives of inter-Korean dialogue or special envoys to North Korea shall be prescribed by Presidential Decree. |
| Article 16 (Dispatch of Public Officials) |
| (1) | The Government may dispatch public officials to North Korea for a specific period and allow them to work in North Korea, if necessary for the development of inter-Korean relations. |
| (2) | No head of any State agency or local government shall take any disadvantageous measures against any public official dispatched to North Korea under paragraph (1) in personnel management and treatment for any reason of such dispatch. <Newly Inserted on Mar. 31, 2020> |
| (3) | Necessary matters concerning the dispatch and duties of public officials shall be prescribed by Presidential Decree. <Amended on Mar. 31, 2020> |
| Article 17 (Prohibition against Acts Representing Government) |
No one shall be engaged in any of the following activities, on behalf of the Government, unless otherwise prescribed in this Act:
| 1. | Taking part in negotiations or dialogues with North Korea; |
| 2. | Attending major ceremonies held in North Korea; |
| 3. | Conveying the position and recognition of the Government to North Korea; |
| 4. | Signing or initialing inter-Korean agreements. |
| Article 18 (Command and Supervision) |
| (1) | The Minister of Unification shall exercise necessary command and supervision concerning performance of duties by the representatives of inter-Korean dialogue or dispatched public officials and carrying out inter-Korean dialogue. |
| (2) | Other necessary matters, such as performance of duties by the representatives of inter-Korean dialogue or dispatched public officials and carrying out inter-Korean dialogue, shall be prescribed by Presidential Decree. |
| Article 19 (Honorable Treatment of Representatives of Inter-Korean Dialogue, other than Public Officials) |
When the Government has appointed persons other than public officials as the representatives of inter-Korean dialogue or special envoys to North Korea, it may treat such representatives or special envoys with respect and pay them stipends.
| Article 20 (Legal Fiction as Public Officials for Purposes of Penalty Provisions) |
When persons appointed as representatives of inter-Korean dialogue or special envoys to North Korea, other than public officials, perform duties under this Act, they shall be deemed public officials for purposes of applying the provisions of Articles 127 and 129 through 132 of the Criminal Act.
CHAPTER IV CONCLUSION OF INTER-KOREAN AGREEMENTS
| Article 21 (Conclusion or Ratification of Inter-Korean Agreements) |
| (1) | The President shall conclude and ratify inter-Korean agreements, and the Minister of Unification shall assist the President in performing his or her duties related thereto. |
| (2) | The President shall undergo deliberation by the State Council, before ratifying each inter-Korean agreement. |
| (3) | The National Assembly shall have the right to consent to the conclusion and ratification of inter-Korean agreements which place heavy financial burdens on the State or nationals, or inter-Korean agreements concerning legislative matters. |
| (4) | Inter-Korean agreements that only determine simple technical or procedural matters concerning the implementation of inter-Korean agreements already concluded or ratified by the President may take effect only with the signatures of the representatives of inter-Korean dialogue or special envoys to North Korea. |
| Article 22 (Promulgation of Inter-Korean Agreements) |
Inter-Korean agreements that have been ratified by the National Assembly or have undergone deliberation by the State Council under Article 21 shall be promulgated by the President under the Act on the Promulgation of Statutes.
| Article 23 (Scope of Effect of Inter-Korean Agreements) |
| (1) | Inter-Korean agreements shall be only applicable to inter-Korean relations. |
| (2) | The President may suspend all or part of effects of each inter-Korean agreement for a fixed specific period, when significant changes occur in inter-Korean relations or when it is deemed necessary for national security, maintenance of order or public welfare. |
| (3) | The President shall obtain approval from the National Assembly, when he or she intends to suspend the effect of each inter-Korean agreement, the conclusion or ratification of which has been approved by the National Assembly, under paragraph (2). |
| Article 24 (Prohibition of Violating Inter-Korean Agreements) |
| (1) | No person shall inflict any harm to the life and body of citizens or cause any serious danger by performing any of the following acts: |
| 1. | Loudspeaker broadcasting to North Korea in the whole area along the Military Demarcation Line; |
| 2. | Posting visual media (postings) on North Korea in the whole area along the Military Demarcation Line; |
| 3. | Disseminating leaflets, etc. |
| (2) | The Minister of Unification may request cooperation from the head of a relevant central administrative agency or the head of a local government, if necessary to prevent any act prohibited under the subparagraphs of paragraph (1). In such cases, the head of the relevant central administrative agency or the head of the local government shall cooperate unless there is a compelling reason not to do so. |
[This Article Newly Inserted on Dec. 29, 2020]
CHAPTER V PENALTY PROVISIONS
| Article 25 (Penalty Provisions) |
| (1) | Any person who violates Article 24 (1) shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won: Provided, That this shall not apply where the effect of the inter-Korean agreements (limited to any prohibited act under the subparagraphs of Article 24 (1)) is suspended, pursuant to Article 23 (2) and (3). |
| (2) | Any person who attempts a crime under paragraph (1) shall be punished. |
[This Article Newly Inserted on Dec. 29, 2020]
ADDENDA <Act No. 7763, Dec. 29, 2005>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures) South-North Korean agreements concluded or ratified before this Act enters into force, with the consent from the National Assembly, shall be deemed South-North Korean agreements under this Act. |
ADDENDUM <Act No. 12584, Jun. 20, 2014>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 15431, Mar. 13, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 17162, Mar. 31, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Period of Service for Dispatched Public Officials)
The amended provisions of Article 16 (2) shall also apply to public officials who have been dispatched to North Korea before this Act enters into force.
ADDENDUM <Act No. 17763, Dec. 29, 2020>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 18484, Oct. 19, 2021>
This Act shall enter into force six months after the date of its promulgation.