CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe matters necessary for the management of public records in order to realize transparent and responsible administration of public institutions as well as to safely keep and efficiently utilize public records.
[This Article Wholly Amended on Mar. 21, 2012]
| Article 2 (Scope of Application) |
This Act shall apply to public records, such as archival information and data deemed worth preserving on a national level, among records created or received by public institutions in relation to the affairs thereof and archival information and data (including archival information and data held or managed by public institutions) created or obtained by individuals or organizations.
[This Article Wholly Amended on Mar. 21, 2012]
The terms used in this Act are defined as follows:
| 1. | The term "public institution" means a State agency, a local government and any other institution prescribed by Presidential Decree; |
| 2. | The term "records" means archival information and data and documentary art records in all forms, such as documents, books, ledgers, cards, drawings, audiovisual materials and electronic documents created or received by public institutions in relation to the affairs thereof; |
| 3. | The term "records management" means the creation, classification, arrangement, transfer, collection, evaluation, discard, preservation, disclosure, utilization of and documentary art records, and all affairs incidental thereto; |
| 4. | The term "records management institution" means an institution which performs the affairs of records management upon being equipped with certain facilities and equipment, and specialists to operate such facilities and equipment, and which is classified into a permanent records management institution, an records institution and a special records institution; |
| 5. | The term "permanent records management institution" means an institution which permanently manages records upon being equipped facilities and equipment necessary for permanently preserving records, and specialists to operate such facilities and equipment, and which is classified into a central records management institution, an records management institution of a constitutional institution, a local records management institution and the Presidential Records. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 4 (Responsibilities of Public Officials) |
| (1) | All public officials and executive officers and employees of public institutions are responsible for protecting and managing records management, as prescribed by this Act. <Amended on Dec. 3, 2019> |
| (2) | The heads of public institutions and records management institutions shall proactively endeavor to ensure that records management are disclosed and made available to the public. |
[This Article Wholly Amended on Mar. 21, 2012]
[Title Amended on Dec. 3, 2019]
| Article 5 (Principles of Records Management) |
The heads of public institutions and the heads of records management institutions shall manage records in such a manner that the authenticity, integrity, reliability, and availability thereof may be guaranteed throughout the whole process from the creation to utilization thereof.
[This Article Wholly Amended on Mar. 21, 2012]
| Article 6 (Electronic Creation and Management of Records) |
The heads of public institutions and the heads of records management institutions shall devise measures necessary to electronically create and manage records, and endeavor to electronically manage records that have not been created in electronic format.
[This Article Wholly Amended on Mar. 21, 2012]
| Article 7 (Principles of Standardization of Records Management) |
The head of the Central Records Management Institution shall formulate and implement a policy for standardizing records management so that records may be managed and utilized efficiently and uniformly.
[This Article Wholly Amended on Mar. 21, 2012]
| Article 8 (Relationships to Other Statutes) |
Unless otherwise expressly provided in other statutes, this Act shall apply to records management.
[This Article Wholly Amended on Mar. 21, 2012]
CHAPTER II RECORDS MANAGEMENT INSTITUTIONS
| Article 9 (Central Records Management Institution) |
| (1) | The Minister of the Interior and Safety shall establish and operate a permanent records management institution under his or her jurisdiction in order to exercise overall control of and coordinate records management, and preserve and manage records permanently. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The permanent records management institution established and operated under the jurisdiction of the Minister of the Interior and Safety pursuant to paragraph (1) (hereinafter referred to as the "Central Records Management Institution") shall perform the following affairs: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 3, 2019> |
| 1. | Formulating the basic policy on records management and the improvement of the systems related thereto; |
| 2. | Formulating a policy for standardizing records management, and developing and operating standards for records management; |
| 3. | Managing records and compiling and managing statistics related to records management; |
| 4. | Establishing and standardizing an electronic management system of records; |
| 5. | Research on methods of records management and preservation techniques of records and the dissemination thereof; |
| 6. | Education and training for records management; |
| 7. | Guidance, supervision, and evaluation on records management; |
| 8. | Connection and cooperation with other records management institutions; |
| 9. | Exchange and cooperation concerning records management; |
| 10. | Other matters prescribed by this Act. |
| (3) | If necessary for efficiently managing records transferred from public institutions, the head of the Central Records Management Institution may establish and operate an intermediary management facility. |
| (4) | The head of the Central Records Management Institution may form a consultative group with the head of a permanent records management institution referred to in subparagraph 5 of Article 3 in order to exercise overall control over and coordinate records management of the State. <Newly Inserted on Dec. 3, 2019> |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 10 (Records Management Institutions of Constitutional Institutions) |
| (1) | The National Assembly, the Supreme Court, the Constitutional Court, and the National Election Commission may establish and operate a permanent records management institution in order to permanently preserve and manage records under the jurisdiction thereof. In such cases, when they fail to establish and operate a permanent records management institution, they shall entrust the Central Records Management Institution with records management under their jurisdiction, as prescribed by Presidential Decree. |
| (2) | Permanent records management institutions established and operated respectively by the National Assembly, the Supreme Court, the Constitutional Court, or the National Election Commission pursuant to paragraph (1) (hereinafter referred to as "records management institution of a constitutional institution") shall perform the following affairs: <Amended on Dec. 3, 2019> |
| 1. | Formulating and implementing a master plan for records management of public institutions under its jurisdiction; |
| 2. | Managing records of public institutions under its jurisdiction and compiling and managing statistics related to records management; |
| 3. | Guidance and supervision of and support for records management of public institutions under its jurisdiction; |
| 4. | Mutual utilization and sharing the preservation of records in cooperation with the Central Records Management Agency; |
| 5. | Education and training for records management of public institutions under its jurisdiction; |
| 6. | Connection and collaboration with other records management institutions; |
| 7. | Other matters concerning records management. |
| (3) | When the head of the Central Records Management Institution requests the head of an records management institution of a constitutional institution to cooperate with him or her relating to matters necessary for the efficient management of records, such as implementing standards for records management, and the current status of statistics related to records management, the head of an records management institution of a constitutional institution shall comply with such request. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 11 (Local Records Management Institutions) |
| (1) | 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 shall establish and operate a permanent records management institution (hereinafter referred to as "City/Do records management institution") to permanently preserve and manage records under his or her jurisdiction, as prescribed by ordinance of the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do"). |
| (2) | The Superintendent of the Office of Education in a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as "Superintendent of the Office of Education of a City/Do") may establish and operate a permanent records management institution (hereinafter referred to as "records management institution of the office of education of a City/Do") to permanently preserve and manage records under his or her jurisdiction, as prescribed by ordinance of the relevant City/Do. In such cases, when the Superintendent of the Office of Education of a City/Do fails to establish and operate an records management institution of the office of education of a City/Do, he or she shall transfer records under his or her jurisdiction to a City/Do records management institution, as prescribed by Presidential Decree. |
| (3) | The head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) may establish and operate a permanent records management institution (hereinafter referred to as "records management institution of a Si/Gun/Gu") to permanently preserve and manage records under his or her jurisdiction, as prescribed by ordinance of a Si/Gun/autonomous Gu. In such cases, when the head of a Si/Gun/Gu fails to establish and operate an records management institution of a Si/Gun/Gu, he or she shall transfer records under his or her jurisdiction to an records management institution of a City/Do, as prescribed by Presidential Decree. |
| (4) | Where an records management institution of the office of education of a City/Do or an records management institution of a Si/Gun/Gu is established and operated pursuant to the former part of paragraph (2) or (3), the head of a Si/Do records management institution shall transfer the records transferred pursuant to the latter part of paragraph (2) or (3) to the records management institution of the office of education of the City/Do or the records management institution of the Si/Gun/Gu. <Newly Inserted on Jan. 11, 2022> |
| (5) | If necessary for efficiently managing records, the heads of local governments may jointly establish and operate a permanent records management institution, as prescribed by Presidential Decree. <Amended on Jan. 11, 2022> |
| (6) | An records management institution of a City/Do (including where the Superintendent of the Office of Education of a City/Do shall transfer records under his or her jurisdiction to the City/Do records management institution pursuant to the latter part of paragraph (2) or the head of a Si/Gun/Gu shall transfer records under his or her jurisdiction to the City/Do records management institution pursuant to the latter part of paragraph (3)), an records management institution of the Office of Education of a City/Do, an records management institution of a Si/Gun/Gu, and a permanent records management institution jointly established and operated pursuant to paragraph (5) (hereinafter referred to as "local records management institution") shall perform the following affairs: <Amended on Dec. 3, 2019; Jan. 11, 2022> |
| 1. | Formulating and implementing a master plan for records management of public institutions under its jurisdiction; |
| 2. | Managing records of public institutions under its jurisdiction and compiling and managing statistics related to records management; |
| 3. | Guidance and supervision of and support for records management of public institutions under its jurisdiction: Provided, That in cases of a public institution that should transfer records under its jurisdiction pursuant to the latter parts of paragraph (2) and (3), limited to the guidance of a City/Do records management institution on records management of the relevant public institution; |
| 4. | Education and training for records management of a public institution under its jurisdiction; |
| 5. | Mutual utilization and sharing the preservation of records in cooperation with the Central Records Management Institution; |
| 6. | Connection and collaboration with other records management institutions; |
| 7. | Deleted; <Dec. 3, 2019> |
| 8. | Other matters concerning records management. |
| (7) | The State may partially subsidize expenses incurred in establishing and operating local records management institutions within budgetary limits. <Amended on Jan. 11, 2022> |
| (8) | When the head of the Central Records Management Institution requests the head of a local records management institution to cooperate with him or her relating to matters necessary for efficiently managing records, such as implementing the standards for records management, the transfer of the original or duplicates of records relating to the affairs delegated by the State, and the current status of statistics related to records management, the head of a local records management institution shall comply with such request. <Amended on Jan. 11, 2022> |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 12 Deleted. <Apr. 27, 2007> |
| Article 13 (Record Repositories) |
| (1) | A public institution prescribed by Presidential Decree shall establish and operate a record repository to efficiently manage its records: Provided, That no public institution that establishes and operates a special record repository prescribed in Article 14 shall establish any record repository therein. |
| (2) | Record repositories shall perform the following affairs: <Amended on Dec. 3, 2019> |
| 1. | Formulating and implementing a master plan for records management of the relevant public institution; |
| 2. | Managing records of the relevant public institution; |
| 3. | Managing records of public institutions under their jurisdiction, in which no record repository is established; |
| 4. | Receiving requests for disclosure of information on records of the relevant public institution; |
| 5. | Guidance and supervision of and support for records management of public institutions under its jurisdiction; |
| 6. | Education and training for records management of public institutions under its jurisdiction; |
| 7. | Connection and collaboration with other records management institutions; |
| 8. | Other matters concerning records management. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 14 (Special Record Repositories) |
| (1) | Where the head of a public institution that creates records in the fields of unification, diplomacy, security, investigation, or intelligence intends to manage records under his or her jurisdiction for a long period, he or she may establish and operate a special record repository in consultation with the head of the Central Records Management Institution. |
| (2) | Special record repositories shall have facilities and equipment prescribed in Article 28 (1) and specialists to operate such facilities and equipment. |
| (3) | Special record repositories shall perform the following affairs: <Amended on Dec. 3, 2019> |
| 1. | Establishing and implementing a master plan for records management of public institutions under their jurisdiction; |
| 2. | Managing records of the relevant public institution; |
| 3. | Managing records of public institutions under their jurisdiction, in which no special record repository is established; |
| 4. | Receiving requests for disclosure of information on records of the relevant public institution; |
| 5. | Guidance and supervision of and support for records management of public institutions under their jurisdiction; |
| 6. | Education and training for records management of public institutions under its jurisdiction; |
| 7. | Connection and collaboration with other records management institutions; |
| 8. | Other matters concerning records management. |
[This Article Wholly Amended on Mar. 21, 2012]
CHAPTER III NATIONAL ARCHIVES MANAGEMENT COMMITTEE
| Article 15 (National Records Management Committee) |
| (1) | The National Records Management Committee (hereinafter referred to as the "Committee") shall be established under the jurisdiction of the Prime Minister to deliberate on the following matters: <Amended on Dec. 3, 2019; Jan. 11, 2022> |
| 1. | Formulating basic policies on records management of the State; |
| 2. | Establishing, amending, and repealing the standards for records management; |
| 3. | Matters for cooperation and collaboration between permanent records management institutions; |
| 4. | Managing the Presidential Records; |
| 5. | Approving the extension of the timing of transfer of confidential records under Article 19 (5) and (6) and extending the period of non-disclosure of confidential records under Article 35 (4); |
| 6. | Designating and revoking State-designated records; |
| 7. | Other matters referred to discussion by the chairperson of the Committee in relation to records management. |
| (2) | The Committee shall be comprised of not more than 20 members, including one chairperson and one vice chairperson, and members shall be appointed or commissioned by the Prime Minister from among the following persons: <Amended on Dec. 3, 2019> |
| 1. | The heads of records management institutions of constitutional institutions; |
| 2. | The head of the Central Records Management Institution; |
| 3. | The head of the Presidential Records; |
| 4. | The head of the records management institution of a local government selected through consultation among the heads of records management institutions of local governments; |
| 5. | Persons who have extensive knowledge of and experience in records management. |
| (3) | The Prime Minister shall appoint or commission the chairperson of the Committee from among its members, and the vice chairperson shall be elected by the Committee from among its members. <Amended on Dec. 3, 2019> |
| (4) | The term of office of members under paragraph (2) 5 shall be three years, and they may be reappointed or recommissioned only once: Provided, That the term of office of a member newly commissioned due to the resignation, etc. of a member shall be the remainder of the unexpired term of his or her predecessor. <Amended on Dec. 3, 2019> |
| (5) | Where a member of the Committee falls under any of the following circumstances, the Prime Minister may dismiss or decommission such member: <Newly Inserted on Mar. 21, 2017; Dec. 3, 2019> |
| 1. | Where it is impracticable for the member to perform his or her duties due to any mental or physical disabilities; |
| 2. | Where the member is prosecuted in a criminal case in which his or her duties are involved; |
| 3. | Where the member clearly expresses that he or she is unable to perform his or her duties; |
| 4. | Where the member is deemed unfit and unqualified to be a member due to dereliction of duty, injury to dignity, or other reasons. |
| (6) | The Committee shall take and preserve minutes in which the following matters are stated. In such cases, stenography, sound recording or video recording may be conducted, if deemed necessary: <Amended on Mar. 21, 2017> |
| 1. | The date and place of a meeting; |
| 2. | The number and names of members present; |
| 3. | Names of other participants and attendees; |
| 4. | Agenda items and decisions made at a meeting; |
| 5. | Other matters for discussion. |
| (7) | The Committee shall assign one executive secretary who is a public official of the Central Records Management Institution to support its business affairs. <Amended on Mar. 21, 2017> |
| (8) | The Committee shall organize an expert committee or special committee therein for the efficient operation thereof. <Amended on Mar. 21, 2017> |
| (9) | Except as provided in paragraphs (1) through (8), matters necessary for the organization, operation, etc. of the Committee, expert committees and special committees shall be prescribed by Presidential Decree. <Amended on Mar. 21, 2017> |
[This Article Wholly Amended on Mar. 21, 2012]
CHAPTER IV CREATION OF RECORDS
| Article 16 (Principles of Creation of Records) |
| (1) | For the efficient and responsible performance of affairs, a public institution shall take measures necessary for records management based on the process of performing its affairs so that the whole process of performing its affairs from the planning to the completion stage of the affairs and results thereof may be created and managed as records. |
| (2) | Matters necessary for records management under paragraph (1) shall be prescribed by the Rules of the National Assembly, the Rules of the Supreme Court, the Rules of the Constitutional Court, the Rules of the National Election Commission, and Presidential Decree. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 17 (Responsibilities to Create Important Records) |
| (1) | A public institution shall create records based on the matters it has examined, studied, or reviewed and results therefrom in the course of implementing important policies, projects, etc., as prescribed by Presidential Decree. <Amended on Dec. 3, 2019> |
| (2) | A public institution shall take minutes, stenographic records, or sound recordings of important meetings, as prescribed by Presidential Decree. In such cases, it need not disclose stenographic records or sound recording during the period prescribed by Presidential Decree to facilitate creation of such records and increase protection thereof. |
| (3) | A public institution shall create audiovisual records, etc. relating to the performance of important affairs, as prescribed by Presidential Decree. |
| (4) | Where the head of a permanent records management institution deems it necessary to directly create relevant records for the preservation of important records, he or she may dispatch public officials under his or her control to such public institutions, events, etc. and require them to create records in consultation with the heads of relevant public institutions. <Amended on Dec. 3, 2019> |
[This Article Wholly Amended on Mar. 21, 2012]
[Title Amended on Dec. 3, 2019]
| Article 18 (Registration, Classification, and Filing of Records) |
When a public institution has created or received records in the course of performing its duties, it shall take necessary measures for registration, classification, filing, etc. of such records, as prescribed by Presidential Decree: Provided, That in cases of records related to an investigation or trial deemed necessary to apply methods of such registration, classification, filing, etc. differently due to the nature of records, the head of the relevant central administrative agency may determine different methods in consultation with the head of the Central Records Management Institution.
[This Article Wholly Amended on Mar. 21, 2012]
CHAPTER V MANAGEMENT OF RECORDS
| Article 19 (Management of Records) |
| (1) | Each public institution shall manage records by classifying them by the period of preservation, whether to disclose, whether to keep them confidential, authority to access, etc., as prescribed by Presidential Decree. |
| (2) | Each public institution shall transfer its records to the competent record repository or special record repository within the period prescribed by Presidential Decree: Provided, That a public institution in which no competent record repository or special record repository is established shall transfer its records to a department designated by the head of such public institution, as prescribed by Presidential Decree. <Amended on Mar. 21, 2017> |
| (3) | Record repositories or special record repositories shall transfer records classified to be preserved for at least 30 years to the competent permanent records management institution within the period prescribed by Presidential Decree. <Amended on Mar. 21, 2017> |
| (4) | In the case of the transfer of records prescribed by Presidential Decree which are archival information and data prepared in an electronic form to be transmitted, received, or stored in an information processing apparatus (hereinafter referred to as "electronic records"), only the authority to manage the relevant records may be transferred to the competent record repository, special record repository, or permanent records management institution. <Newly Inserted on Jan. 11, 2022> |
| (5) | Notwithstanding paragraph (3), special record repositories may extend the timeframe for transfer of confidential records under their jurisdiction by up to 30 years after the year of creation ends, and if necessary to use such records in performing their duties even after 30 years have passed, they may request the head of the Central Records Management Institution to extend the timeframe for transfer, as prescribed by Presidential Decree. <Amended on Jan. 11, 2022> |
| (6) | Notwithstanding paragraph (5), the Director of the National Intelligence Service may extend the timeframe for transfer of confidential records under his or her jurisdiction by up to 50 years after the year of creation ends, and he or she may otherwise determine the timeframe for transfer of records related to intelligence likely to substantially hinder national security, if disclosed, in consultation with the head of the Central Records Management Institution, as prescribed by Presidential Decree. <Amended on Jan. 11, 2022> |
| (7) | In order to facilitate collection and transfer of records, a public institution shall notify a competent records management institution of the current status of the creation of records each year, as prescribed by Presidential Decree. In such cases, where record repositories or special record repositories are established within an institution affiliated to a central administrative agency, record repositories, or special record repositories of such central administrative agency shall collect data on the current status of creation and notify the Central Records Management Institution thereof. <Amended on Mar. 21, 2017; Jan. 11, 2022> |
| (8) | The head of the Central Records Management Institution shall regularly or occasionally inspect the management conditions of records of public institutions, and may request them to take corrective measures if necessary: Provided, That in cases of records under the jurisdiction of the National Intelligence Service, he or she may otherwise determine the method and procedures, etc. for inspections in consultation with the Director of the National Intelligence Service. <Amended on Dec. 3, 2019; Jan. 11, 2022> |
| (9) | The head of a public institution requested to take corrective measures under the main clause of paragraph (8) shall comply with such request without special reason not to do so, and notify the head of the Central Records Management Institution of the results of taking corrective measures. <Newly Inserted on Dec. 3, 2019; Jan. 11, 2022> |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 19-2 (Prohibition of Concealment of Records without Permission) |
No person shall damage, conceal, destroy, or divulge records or take them out of the Republic of Korea without permission.
[This Article Newly Inserted on Dec. 3, 2019]
| Article 20 (Management of Electronic Records) |
| (1) | For the safe and systematic management, utilization, etc. of electronic records, the head of the Central Records Management Institution shall establish and operate an electronic records management system including the following matters: <Amended on Dec. 3, 2019; Jan. 11, 2022> |
| 1. | Matters concerning the standardization of management, such as functions, standards, items to be managed by the electronic records management system, and preservation format (referring to a file format for the preservation of records) and media of electronic records; |
| 2. | Matters concerning the joint ownership of data of electronic records, integrated search, and utilization among records management institutions; |
| 3. | Matters concerning a data management system to maintain the authenticity of electronic records; |
| 4. | Matters concerning the preservation, utilization, etc. of authentication records, such as administrative electronic signatures; |
| 5. | Matters concerning establishing a system to electronically connecting and utilizing records among records management institutions; |
| 6. | Matters concerning the collection and utilization of technical information on the format for the creation of electronic records (referring to a file format for the creation of records), software, etc. |
| (2) | Other matters necessary for the electronic management of electronic records and records that have not been created electronically shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 20-2 (Management of Technical Information on Electronic Records) |
| (1) | The head of a public institution shall manage technical information on electronic records under Article 20 (1) 6, as prescribed by Presidential Decree, and submit such technical information to the head of the Central Records Management Institution. |
| (2) | The head of the Central Records Management Institution shall establish standards for management of technical information under paragraph (1) and measures concerning the collection, utilization, etc. of technical information so that he or she may preserve and utilize electronic records for a lengthy period. |
[This Article Newly Inserted on Dec. 3, 2019]
| Article 21 (Dual Preservation of Important Records) |
| (1) | In principle, important records among records classified as permanent records shall be preserved dually by making a duplicate or recording in preservation media, etc. |
| (2) | Each records management institution shall send a duplicate of the preservation media of important records to the Central Records Management Institution for the safe and decentralized preservation of such important records recorded in the preservation media among records it preserves, as prescribed by Presidential Decree. |
| (3) | The head of the Central Records Management Institution may request archive management institutions to record records worth preserving on a national level in the preservation media and send a duplicate of such preservation media. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 22 (Management of Publications) |
| (1) | When a public institution intends to issue a publication, it shall be issued a publication registration number from the competent permanent records management institution, as prescribed by Presidential Decree. <Amended on Mar. 21, 2017> |
| (2) | Each public institution shall indicate a publication registration number issued under paragraph (1) on a publication it publishes, and when it has published a publication, it shall send, without delay, three copies of such publication respectively to the competent record repository or special record repository, and the competent permanent records management institution and the Central Records Management Institution so that such publication is preserved and utilized. <Amended on Mar. 21, 2017> |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 23 (Management of Audiovisual Records) |
Each public institution shall manage records in image or voice, such as photographs, films, tapes, video, records, and discs created in relation to the performance of its duties, and transfer such records to the competent permanent records management institution, as prescribed by Presidential Decree. <Amended on Mar. 21, 2017>
[This Article Wholly Amended on Mar. 21, 2012]
| Article 24 (Management of Documentary Art Records) |
Each public institution shall manage records with shapes created and utilized in relation to the performance of its duties, which are of great value in terms of administration, history, culture, and art, and transfer such records to the competent permanent records management institution, as prescribed by Presidential Decree. <Amended on Mar. 21, 2017>
[This Article Wholly Amended on Mar. 21, 2012]
| Article 25 (Management of Records of Closed Institutions) |
| (1) | Where a public institution is closed and no institution succeeds to the affairs of the closed institution, the head of the closed institution shall transfer the records thereof to the competent permanent records management institution without delay: Provided, That in any of the following circumstances, records shall be transferred, as prescribed by Presidential Decree: <Amended on Mar. 21, 2017> |
| 1. | Where a State agency or local government agency is converted into an institution prescribed by Presidential Decree which is provided for in subparagraph 1 of Article 3 or a nongovernmental institution; |
| 2. | Where an institution prescribed by Presidential Decree which is provided for in subparagraph 1 of Article 3 is converted into a nongovernmental institution. |
| (2) | Where a public institution is closed and an institution succeeds to the affairs of such closed institution, the head of the closed institution and the head of an institution succeeding to the affairs thereof shall take measures so that records may be transferred and acquired smoothly, as prescribed by Presidential Decree. |
| (3) | If necessary for the systematic transfer, management, etc. of records under the jurisdiction of a closed institution, the head of a permanent records management institution may dispatch affiliated public officials. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 26 (Retrieval of Records) |
| (1) | Where a private person holds or manages any leaked records, the head of a public institution or the head of a permanent records management institution shall take necessary measures, such as retrieval of such records, preservation in trust, and collection of duplicates. In such cases, when he or she has retrieved records, he or she may make compensation to a third party who has acquired such records in good faith in accordance with the standards prescribed by Presidential Decree. |
| (2) | If the head of a public institution (only applicable to State agencies and local governments) or the head of a permanent records management institution deems it necessary for the retrieval of records under paragraph (1), he or she may assign the relevant public officials to check the list and details of records held or managed by a private person and investigate other necessary matters. |
| (3) | A public official who conducts an investigation pursuant to paragraph (2) shall produce an identification card indicating his or her authority to relevant persons. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 27 (Discard of Records) |
| (1) | Where a public institution intends to discard records, it shall undergo an inspection by a specialist in records management as provided for in Article 41 (1) and a deliberation by the Records Evaluation Council established under Article 27-2, as prescribed by Presidential Decree. |
| (2) | Where a permanent records management institution intends to discard records by reclassifying the value of preservation of the records being preserved, it shall observe the standards and procedures prescribed by Presidential Decree. |
| (3) | A public institution or permanent records management institution may entrust a private person, etc. with the discard of records under paragraph (1). In such cases, it shall take necessary measures so that records may not leak, by assigning the relevant public official to attend and supervise the discard of records until the completion of such discard. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 27-2 (Records Evaluation Council) |
| (1) | The head of a public institution or the head of a permanent records management institution shall organize and operate an Records Evaluation Council comprised of civilian experts to evaluate and discard records being preserved. |
| (2) | Matters necessary for the organization, operation, etc. of an Records Evaluation Council shall be prescribed by the Rules of the National Assembly, the Rules of the Supreme Court, the Rules of the Constitutional Court, the Rules of the National Election Commission, and Presidential Decree. |
[This Article Newly Inserted on Mar. 21, 2012]
| Article 27-3 (Prohibition of Discarding Records) |
| (1) | Notwithstanding Article 27, in cases prescribed by Presidential Decree, such as where an inspection agency or an investigative agency makes a request in cases of an important issue on a national scale, or where the prohibition of discarding records is urgently required for the protection of the rights and interests of the people, the head of the Central Records Management Institution may decide the prohibition of discarding records and notify the relevant public institution and the relevant permanent records management institution of his or her decision: Provided, That he or she shall consult about records under the jurisdiction of an records management institution of a constitutional institution with the head of such records management institution in advance. |
| (2) | The head of the public institution and the head of the permanent records management institution notified of the prohibition of discarding records pursuant to paragraph (1) shall take measures to prevent the relevant records from being discarded and shall manage such records as prescribed by Presidential Decree. |
| (3) | In order to check measures taken for the prohibition of discarding records and the actual conditions of the management of such records under paragraph (2), the head of the Central Records Management Institution shall conduct an examination or inspection of the current status of records management of the relevant public institution and the relevant permanent records management institution, and require it to take corrective measures, if necessary. |
| (4) | Necessary matters concerning measures for the prohibition of discarding records, management of records, etc. shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 3, 2019]
| Article 28 (Facilities and Equipment of Records Management Institutions) |
| (1) | For the systematic management, safe preservation, and efficient utilization of records, the head of the Central Records Management Institution shall determine the standards of facilities and equipment for each records management institution, as prescribed by Presidential Decree. |
| (2) | The head of an records management institution shall observe the standards of facilities and equipment prescribed in paragraph (1), and the head of the Central Records Management Institution may request an records management institution that fails to observe such standards to observe the standards. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 29 (Recording Media, and Articles) |
| (1) | When an records management institution manages records by recording them in the microfilms or electronic media, it shall manage the records in accordance with the standards established by the Central Records Management Institution so that it may mutually exchange and utilize such records in common with the Central Records Management Institution. |
| (2) | The head of the Central Records Management Institution shall establish the standards appropriate for recording media, materials, etc. used for records management, and matters necessary for the establishment, management, authentication, etc. of such standards shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 30 (Measures for Security and Disaster Control of Records) |
| (1) | The head of an records management institution shall establish and implement measures for security and disaster control of records in order to safely manage records under his or her jurisdiction, as prescribed by Presidential Decree. |
| (2) | For the safe management of electronic records, the head of a permanent archive management institution shall establish and operate a disaster recovery system. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 30-2 (Research and Development of Preservation and Restoration Techniques) |
The head of the Central Records Management Institution shall endeavor to develop techniques to preserve and restore records scientifically or systematically and to disseminate the developed techniques.
[This Article Wholly Amended on Mar. 21, 2012]
| Article 30-3 (Addition or Correction of Records) |
In any of the following cases, the head of a records management institution upon receipt of a request to add or correct records under his or her jurisdiction by the head of a public institution, he or she may add or correct the details thereof, as prescribed by Presidential Decree:
| 4. | Other cases prescribed by Presidential Decree, which are similar to those provided for in subparagraphs 1 through 3. |
[This Article Newly Inserted on Jan. 11, 2022]
| Article 31 Deleted. <Apr. 27, 2007> |
CHAPTER VII MANAGEMENT OF CONFIDENTIAL RECORDS
| Article 32 (Principles of Management of Confidential Records) |
The head of an records management institution shall have a confidential records management system, such as a separate and exclusive library necessary for the management of confidential records, designate management personnel exclusively responsible for such records, and establish and implement security measures so that confidential information may not be divulged in the course of handling confidential records, as prescribed by Presidential Decree.
[This Article Wholly Amended on Mar. 21, 2012]
| Article 33 (Management of Confidential Records) |
| (1) | When a public institution creates confidential records, it shall determine the period of protection of confidentiality and the period of preservation on the original of such records and manage the same until the period of preservation expires. In such cases, it shall determine the period of preservation to be longer than the period of protection of confidentiality. |
| (2) | Each public institution shall transfer the original confidential records to the competent records management institution for preservation, as prescribed by Presidential Decree. <Amended on Mar. 21, 2017> |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 34 (Notification of Current Status of Creation of Confidential Records) |
The head of a public institution shall notify the head of the competent permanent records management institution of the current status of the creation, declassification and reclassification of the original confidential records created by the relevant institution each year, as prescribed by Presidential Decree. In such cases, a notification form, etc. shall be prescribed by Ordinance of the Ministry of the Interior and Safety following consultation with the Director of the National Intelligence Service. <Amended on Mar. 23, 2013; Nov. 19, 2014; Mar. 21, 2017; Jul. 26, 2017>
[This Article Wholly Amended on Mar. 21, 2012]
CHAPTER VIII DISCLOSURE, PERUSAL AND UTILIZATION OF RECORDS
| Article 35 (Classification as to Disclosure of Records) |
| (1) | Where a public institution intends to transfer records to a competent records management institution, it shall transfer the records after reclassifying whether to disclose such records: Provided, That where a record repository or special record repository of a public institution transfers records to a permanent records management institution, and it has reclassified whether to disclose the relevant records during the last five years before it transfers the records pursuant to paragraph (2), it may transfer such records without reclassifying whether to disclose them. <Amended on Mar. 21, 2017> |
| (2) | Each records management institution shall reclassify whether to disclose records reclassified as confidential every five years from the year following the year in which they are reclassified: Provided, That with regard to records reclassified as confidential because the records management institution falls under Article 9 (1) 6 of the Official Information Disclosure Act, it need not reclassify whether to disclose for up to 30 years after the year in which the creation thereof ends. <Amended on Dec. 3, 2019> |
| (3) | In principle, confidential records shall be disclosed when 30 years pass after the year of creation ends: Provided, That this shall not apply to records the timeframe for transfer of which is extended by at least 30 years pursuant to Article 19 (5) and (6). <Amended on Jan. 11, 2022> |
| (4) | Notwithstanding the main clause of paragraph (3), if the head of a permanent records management institution is requested to extend the period for non-disclosure of records by an institution that has created records, he or she need not disclose the relevant records through deliberation by the Records Evaluation Council under Article 38 and the Committee, respectively. In such cases, he or she shall announce the current status of records reclassified as confidential by type of non-disclosure in the Official Gazette or on the website, etc., and reclassify whether to disclose such records every five years from the year following the year in which they are reclassified. <Amended on Dec. 3, 2019> |
| (5) | Where the head of an records management institution intends to disclose records in the fields of unification, diplomacy, security, investigation and intelligence, he or she shall first hear opinions of the heads of institutions that have created such records. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 36 (Designation of Maximum Period for Non-Disclosure of Records Preserved by Permanent Records Management Institutions) |
The head of the Central Records Management Institution may otherwise determine a maximum period for non-disclosure of records transferred to a permanent records management institution by the nature of records, as prescribed by Presidential Decree.
[This Article Wholly Amended on Mar. 21, 2012]
| Article 37 (Perusal of Confidential Records) |
| (1) | Where the head of a permanent records management institution is requested to allow perusal of confidential records under its management in cases falling under any of the following subparagraphs, he or she may allow restricted perusal of such confidential records, as prescribed by Presidential Decree: |
| 1. | Where the person himself or herself (including his or her successor) or his or her agent delegated by him or her requests for perusal of personal information; |
| 2. | Where an individual or organization requests for perusal of such confidential records for the relief, etc. of rights and the head of a permanent records management institution deems it impossible to verify the relevant information without the relevant records; |
| 3. | Where a public institution requests for perusal of confidential records as necessary for performing its duties and the head of a permanent records management institution deems it impossible to verify the relevant information without the relevant records; |
| 4. | Where an individual or organization requests for perusal of confidential records for nonprofit purposes, such as scientific research, and the head of a permanent records management institution deems it impossible to verify the relevant information without the relevant records. |
| (2) | No person who has perused confidential records pursuant to paragraph (1) shall use information on such records for any purpose, other than the purpose stated in an application for perusal. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 38 (Records Disclosure Council) |
| (1) | A permanent records management institution shall establish and operate an records disclosure council to deliberate on the following matters: |
| 1. | Matters concerning a request for the extension of the period for non-disclosure filed under Article 35 (4); |
| 2. | Other matters requested by the head of a permanent records management institution for deliberation in relation to whether to disclose records. |
| (2) | An records disclosure council shall be comprised of seven members, including one chairperson, and the term of office of the chairperson and members shall be two years, and they may be reappointed or recommissioned. |
| (3) | The head of a permanent records management institution shall appoint or commission the members of the records disclosure council from among affiliated public officials and persons who have abundant knowledge and experience relating to the disclosure of records, and matters concerning the composition and operation thereof shall be prescribed by Presidential Decree. |
| (4) | Article 15 (6) shall apply mutatis mutandis to the preparation and preservation of the minutes of the records disclosure council. <Amended on Mar. 21, 2017> |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 38-2 (Utilization of Records Preserved by Permanent Records Management Institutions) |
The head of a permanent records management institution shall perform projects, such as organizing, describing, and compiling records, and developing contents, in order to disclose the records preserved by it and provide convenience for the perusal thereof.
[This Article Newly Inserted on Feb. 4, 2010]
CHAPTER IX STANDARDIZATION AND SPECIALIZATION OF RECORDS MANAGEMENT
| Article 39 (Standardization of Records Management) |
The head of the Central Records Management Institution shall establish and implement standards for the following matters for the systematic and specialized management and efficient utilization of records: Provided, That this shall not apply to cases where matters related to records management standards have been established by the Korean Industrial Standards under the Industrial Standardization Act: | 1. | A management system and items of electronic records; |
| 2. | Standard functions by procedure for records management; |
| 3. | Management standards and procedures by type of records; |
| 4. | Standard model by type of records management institutions; |
| 5. | Measures for security and disaster control of records; |
| 6. | Other matters necessary for the efficient management of records. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 40 (Procedures for Establishing Records Management Standards) |
| (1) | Where the head of the Central Records Management Institution intends to establish, amend or repeal records management standards as prescribed in Article 39, he or she shall announce the details thereof in the Official Gazette, etc. and hear the opinions of persons involved, as prescribed by Presidential Decree. |
| (2) | The head of the Central Records Management Institution shall take necessary measures, such as guidance and education, for the expansion and dissemination of records management standards. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 41 (Specialists in Records Management) |
| (1) | The head of an records management institution shall employ specialists in records management for the systematic and professional management of records. |
| (2) | Matters necessary for the qualifications of specialists in records management, the number of specialists employed, etc. shall be prescribed by the Rules of the National Assembly, the Rules of the Supreme Court, the Rules of the Constitutional Court, the Rules of the National Election Commission, and Presidential Decree. |
| (3) | The head of the Central Records Management Institution shall formulate a plan covering demand for specialized human resources, including specialists in records management, and the nurturing, etc. thereof. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 42 (Education and Training for Management of Records) |
The head of the Central Records Management Institution shall formulate and implement education and training measures in relation to records management, as prescribed by Presidential Decree. <Amended on Jan. 11, 2022>
[This Article Wholly Amended on Mar. 21, 2012]
CHAPTER X COLLECTION AND MANAGEMENT OF PRIVATE RECORDS
| Article 43 (Designation and Cancellation of State-Designated Records) |
| (1) | The head of the Central Records Management Institution may manage private records deemed worth preserving permanently on a national level, which are archival information, data, etc. created and obtained by individuals or organizations (hereinafter referred to as "private records"), by designating such records as State-designated records after deliberation by the Committee. |
| (2) | A person who owns or manages private records may file an application for designation of such private records as State-designated records with the head of the Central Records Management Institution. |
| (3) | When the head of the Central Records Management Institution deems it necessary for designating State-designated records pursuant to paragraph (1), he or she may assign affiliated public officials to check the list of relevant private records and the details thereof and conduct other necessary investigations. |
| (4) | Article 26 (3) shall apply mutatis mutandis to an investigation conducted under paragraph (3). |
| (5) | Where the head of the Central Records Management Institution has designated private records as State-designated records pursuant to paragraph (1), he or she shall notify a person who owns or manages such private records of the fact of designation. |
| (6) | Where the head of the Central Records Management Institution acknowledges that records designated pursuant to paragraph (1) have lost the worth of preservation as State-designated records, or where the owner or manager of State-designated records files an application, the head of the Central Records Management Institution may cancel such designation after deliberation by the Committee. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 44 (Management of Changes in State-Designated Records) |
Where any of the following changes is made with regard to State-designated records, the owner or manager of State-designated records designated pursuant to Article 43 (1) shall report such fact to the head of the Central Records Management Institution, as prescribed by Presidential Decree: | 1. | Where the owner has been changed due to disposal, donation, transfer, etc. of the State-designated records; |
| 2. | Where the owner has appointed or dismissed a manager; |
| 3. | Where the name or domicile (in cases of an organization, referring to its name and the seat of its principal office) of the owner or manager, or the place of preservation is changed; |
| 4. | Where State-designated records have been destroyed, stolen, or damaged. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 45 (Preservation and Management of State-Designated Records) |
| (1) | Where necessary for protecting State-designated records, the head of the Central Records Management Institution may request the owner or manager of State-designated records to install facilities necessary for preservation. In such cases, the head of the Central Records Management Institution may subsidize expenses incurred in installing, etc. facilities for preservation within budgetary limits. |
| (2) | Where the owner or manager of State-designated records is unable to install facilities for preservation under paragraph (1) due to extenuating circumstances, the head of the Central Records Management Institution may preserve such State-designated records upon being entrusted with the management thereof by the owner or manager. |
| (3) | Where it is necessary to reproduce or make copies of State-designated records, the head of the Central Records Management Institution may request the owner or manager of such State-designated records to cooperate with him or her in reproduction or making copies, and such owner or manager shall cooperate with him or her unless extenuating circumstances exist. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the preservation and management of State-designated records shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 46 (Collection of Principal Archival Information, and Data) |
| (1) | The head of the Central Records Management Institution may collect principal archival information and data and private records, which are located in the Republic of Korea or overseas and worth preserving on a national level. |
| (2) | The head of the Central Records Management Institution may request the owner or manager of principal archival information and data and private records, which are located in the Republic of Korea or overseas and worth preserving on a national level, to submit a list or copies of such archival information and data and private records. In such cases, the owner or manager of such archival information and data and private records shall comply with such request unless extenuating circumstances exists. |
| (3) | The head of the Central Records Management Institution may request the owner or manager of a motion picture designated, in consultation with the Minister of Culture, Sports and Tourism, as being worth preserving permanently on a national level among the motion pictures, the rating of which has been classified pursuant to Article 29 (1) of the Promotion of the Motion Pictures and Video Products Act, to send him or her its negative film or one set of its reproduction and a copy of its script. |
| (4) | The head of the Central Records Management Institution may designate a broadcasting program deemed worth preserving permanently on a national level, as a broadcasting program subject to collection among the programs broadcasted (excluding re-transmission) in consultation with the Minister of Science and ICT or the Korea Communications Commission. In such cases, the head of the Central Records Management Institution may request a terrestrial broadcasting business operator defined in subparagraph 3 (a) of Article 2 of the Broadcasting Act to send him or her the original or a copy of the relevant broadcasting program. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (5) | Matters necessary for the collection, preservation, etc. of archival information and data, private records, etc. under paragraphs (1) through (4) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 46-2 (Collection of Private Records by Records Management Institutions of Constitutional Institutions) |
The head of an records management institution of a constitutional institution and the head of an records management institution of a local government may collect private records which are worth preserving in relation to its own business, public institutions under his or her jurisdiction, or regions under his or her jurisdiction. In such cases, matters necessary for collecting and preserving private records shall be prescribed by Rules of the National Assembly of the Republic of Korea, Rules of the Supreme Court of Korea, Rules of the Constitutional Court of Korea, Rules of the National Election Commission, and by Ordinance of a City/Do, and Ordinance of a Si/Gun/Gu.
[This Article Newly Inserted on Dec. 3, 2019]
CHAPTER X-II ESTABLISHMENT OF FOUNDATION FOR SPREADING ARCHIVAL CULTURE
| Article 46-3 (Establishment of International Center for Documentary Heritage of UNESCO) |
| (1) | The International Center for Documentary Heritage of the UNESCO (hereinafter referred to as the "Center for Documentary Heritage") shall be established for research, education, training, and policy-setting concerning the management and preservation of the world's documentary heritage. |
| (2) | The Center for Documentary Heritage shall be a juridical person. |
| (3) | The Center for Documentary Heritage shall conduct the following business affairs: Provided, That it shall consult with the Administrator of the Cultural Heritage Administration about matters related to cultural heritage registered with the UNESCO pursuant to Article 19 of the Cultural Heritage Protection Act: |
| 1. | Monitoring of and support for programs of the world's documentary heritage of the UNESCO; |
| 2. | Digitalization for the management and preservation of the world's documentary heritage; |
| 3. | Research concerning the management, preservation, and utilization of the world's documentary heritage and content development thereof; |
| 4. | Education and training for the management, preservation and utilization of the world's documentary heritage; |
| 5. | Publicity to the world's documentary heritage; |
| 6. | Domestic and international exchanges and collaboration in the field of documentary heritage; |
| 7. | Other business affairs necessary for the management and preservation of the world's documentary heritage. |
| (4) | The Center for Documentary Heritage shall have executive officers and necessary employees, as prescribed by the articles of incorporation. |
| (5) | Except as otherwise provided in this Act, the provisions concerning an incorporated foundation of the Civil Act shall apply mutatis mutandis to the Center for Documentary Heritage. |
| (6) | The State may subsidize expenses incurred in operating the Center for Documentary Heritage within budgetary limits. |
| (7) | Notwithstanding the Public Property and Commodity Management Act, where it is necessary for the Center for Documentary Heritage to conduct its affairs, a local government may allow it to use or make profits from public property without compensation. |
[This Article Newly Inserted on Dec. 3, 2019]
| Article 46-4 (Designation of Records Day) |
| (1) | June 9 of each year shall be designated as the Records Day in order to inherit the tradition of the excellent archival culture and inform the people of the importance of records. |
| (2) | Public institutions may hold various kinds of events to spread the archival culture in the week in which the Records Day is included. |
[This Article Newly Inserted on Dec. 3, 2019]
CHAPTER XI SUPPLEMENTARY PROVISIONS
| Article 47 (Prohibition of Divulging Confidential Information) |
No person who has been in charge of the control of confidential records, gained access to, or perused such records shall divulge confidential information he or she has learned in the course of such activities.
[This Article Wholly Amended on Mar. 21, 2012]
| Article 48 (Assumed Original of Records Recorded in Preservation Media) |
Records recorded in any preservation media by an records management institution in accordance with the standards and procedures prescribed by Presidential Decree shall be assumed same as the original.
[This Article Wholly Amended on Mar. 21, 2012]
| Article 49 (Provisions of Delegation) |
Matters necessary for the enforcement of this Act shall be prescribed by the Rules of the National Assembly, the Rules of the Supreme Court, the Rules of the Constitutional Court, the Rules of the National Election Commission, and Presidential Decree.
[This Article Wholly Amended on Mar. 21, 2012]
CHAPTER XII PENALTY PROVISIONS
| Article 50 (Penalty Provisions) |
Any person who falls under any of the following subparagraphs (excluding a person who is neither a public official, executive officer, nor employee of a public institution as at the time he or she obtains records) shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding 30 million won:
| 1. | A person who ships out the records out of the Republic of Korea, in violation of Article 19-2; |
| 2. | A person who discards records without undergoing any inspection or deliberation or complying with the relevant standards and procedures, in violation of Article 27 (1) or (2); |
| 3. | A person who discards records despite notification that the discarding of such records is prohibited under Article 27-3 (1). |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 51 (Penalty Provisions) |
Any of the following persons (excluding a person who is neither a public official, executive officer, nor employee of a public institution at the time he or she obtains records in cases under subparagraphs 1 through 3) shall be punished by imprisonment for not more than three years or by a fine not exceeding 20 million won: <Amended on Dec. 3, 2019>
| 1. | A person who conceals or divulges records, in violation of Article 19-2; |
| 2. | A person who destroys records by gross negligence; |
| 3. | A person who damages records intentionally or by gross negligence lest some of the details should be understood; |
| 4. | A person who uses information on confidential records for any purpose, other than the intended purpose, in violation of Article 37 (2). |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 52 (Penalty Provisions) |
Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than two years or by a fine not exceeding 10 million won:
| 1. | A person who refuses, interferes with or evades an investigation under Article 26 (2) without a justifiable ground; |
| 2. | A person who divulges confidential information he or she has learned in the course of performing his or her duties, in violation of Article 47. |
[This Article Wholly Amended on Mar. 21, 2012]
| Article 53 (Administrative Fines) |
| (1) | Any person who falls under any of the following subparagraphs shall be punished by an administrative fine not exceeding one million won: |
| 1. | A person who refuses, interferes with, or evades an investigation under Article 43 (3); |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the head of the Central Records Management Institution. |
[This Article Wholly Amended on Mar. 21, 2012]
ADDENDA <Act No. 8025, Oct. 4, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 35 (3) shall enter into force on July 1, 2009. Article 2 (Transitional Measures concerning Archive Management Institutions of Constitutional Institutions)
Special archive management institutions established at the National Assembly, the Supreme Court, the Constitutional Court, and the National Election Commission pursuant to the former provisions as at the time this Act enters into force shall be deemed archive management institutions of constitutional institutions prescribed in Article 10, and special archive management institutions established at the National Intelligence Service and military institutions shall be deemed special records institutions prescribed in Article 14. Article 3 (Transitional Measures concerning City/Do Archive Management Institutions)
| (1) | In establishing City/Do archive management institutions as prescribed in Article 11 (1), the Mayors/Do Governors shall formulate a plan for the establishment, operation, etc. of City/Do archive management institutions after consultation with the heads of relevant institutions, such as the Minister of Public Administration and Security, the Minister of Planning and Budget, etc. by no later than December 31, 2007. |
| (2) | The duties of City/Do archive management institutions shall be performed by the Central Archive Management Institution until City/Do archive management institutions are established as prescribed in paragraph (1) after this Act enters into force. |
Article 4 (Transitional Measures concerning Record Repositories and Special Record Repositories)
Data centers or special data centers established pursuant to the former provisions as at the time this Act enters into force shall be deemed record repositories or special record repositories prescribed in Articles 13 and 14; however, where both data center and special data center are established at a public institution pursuant to the former provisions as at the time this Act enters into force, only one archive management institution selected by the head of such public institution among the record repository or special record repository shall be deemed established. Article 5 (Transitional Measures concerning Reclassification of Confidential Records)
Records classified as confidential among records held by archive management institutions before this Act enters into force shall be reclassified as to whether to disclose to the public by no later than June 30, 2009.
ADDENDA <Act No. 8395, Apr. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ... <omitted> ... the amended provisions which ere promulgated before this Act enters into force, but the date on which it enters into force has not yet arrived, among Acts amended by Article 6 of the Addenda, shall enter into force on the enforcement date of the relevant Act. Articles 2 through 7 Omitted.
ADDENDUM <Act No. 10010, Feb. 4, 2010>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 25 (2), 30 (2), 30-2, 35 (4), and 38-2 shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 11391, Mar. 21, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 11 shall enter into force on July 1, 2012. Article 2 (Applicability to Term of Office of Members of National Records Management Committee)
The amended provisions of Article 15 (4) shall also apply to the public official members commissioned pursuant to Article 15 (2) 3 as at the time this Act enters into force.
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. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ... <omitted> ... the amended provisions which ere promulgated before this Act enters into force, but the date on which it enters into force has not yet arrived, among Acts amended by Article 6 of the Addenda, shall enter into force on the enforcement date of the relevant Act. Articles 2 through 7 Omitted.
ADDENDA <Act No. 14613, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended proviso to Article 25 (1), shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Management of Records Subsequent to Conversion into Nongovernmental Institution)
The amended proviso to Article 25 (1) shall begin to apply from the first conversion of an institution prescribed by Presidential Decree which is provided for in subparagraph 1 of Article 3, into a nongovernmental institution on or after the enforcement date referred to in the proviso to Article 1 of this Addenda.
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, where any Act amended by Article 5 of this Addenda has been promulgated but is yet to enter into force by the time this Act enters into force, amendments to such Act shall enter into force on the enforcement date of such relevant Act. Articles 2 through 6 Omitted.
ADDENDA <Act No. 16661, Dec. 3, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 46-4 shall enter into force on the date of its promulgation. Article 2 (Applicability to Classification as to Whether to Disclose Records)
The amended provisions of Article 35 (2) and the latter part of paragraph (4) of the aforesaid Article shall begin to apply where an records management institution reclassifies whether to disclose records after this Act enters into force.
ADDENDUM <Act No. 18740, Jan. 11, 2022>
This Act shall enter into force six months after the date of its promulgation.