NATIONAL UNIFICATION ADVISORY COUNCIL ACT
Act No. 4000, Feb. 17, 1988
Amended by Act No. 5126, Dec. 30, 1995
Act No. 5454, Dec. 13, 1997
Act No. 5529, Feb. 28, 1998
Act No. 5982, May 24, 1999
Act No. 6500, Jul. 24, 2001
Act No. 9753, May 28, 2009
Act No. 10309, May 20, 2010
Act No. 11815, May 22, 2013
Act No. 13564, Dec. 15, 2015
Act No. 19324, Mar. 28, 2023
CHAPTER I GENERAL PROVISIONS
[This Article Wholly Amended on May 28, 2009]
The National Unification Advisory Council (hereinafter referred to as the "Unification Advisory Council") shall make proposals to the President and comply with the President's requests for advice on the formulation and execution of policies for democratic and peaceful unification of Korea by performing the following functions:
| 1. | Gathering public opinion inside and outside of Korea on the reunification of Korea; |
| 2. | Deriving national consensus on the unification of Korea; |
| 3. | Combining pan-national intent and capacity for the unification of Korea; |
| 4. | Other matters necessary for providing advice and making proposals on the President's policies for peaceful unification of Korea. |
[This Article Wholly Amended on May 28, 2009]
The Unification Advisory Council shall be composed of not less than 7,000 advisory members (hereinafter referred to as "council member") commissioned by the President from among local representatives elected by local residents in pursuit of people's cherished desire for democratic and peaceful unification and persons at representative level from political parties, vocational groups, major social groups, etc., who are able to make proposals to the President and respond to the President's requests for advice, speaking, in faith, for people's intent for unification.
[This Article Wholly Amended on May 28, 2009]
Any person commissioned as a council member of the Unification Advisory Council shall be registered with the Unification Advisory Council Secretariat soon after he/she is commissioned: Provided, That the chairperson may be registered with an administrative agency vicariously performing the duties of the Unification Advisory Council Secretariat, as prescribed by Presidential Decree.
[This Article Wholly Amended on May 28, 2009]
| Article 5 (Allocation of Seats) |
The seats of council members shall be provisioned by the secretary-general of the Unification Advisory Council Secretariat in every assembly.
[This Article Wholly Amended on May 28, 2009]
| Article 6 (Chairperson and Vice-Chairperson) |
| (1) | The President shall become the chairperson of the Unification Advisory Council. |
| (2) | The chairperson shall appoint not more than 25 vice-chairpersons from among council members based on their town/city of origin and vocation on condition that he/she endeavor to make one-quarter of the total number of vice-chairpersons be filled with female vice-chairpersons. <Amended on May 20, 2010; May 22, 2013> |
| (3) | The chairperson shall appoint one chief vice-chairperson from among the vice-chairpersons referred to in paragraph (2). |
[This Article Wholly Amended on May 28, 2009]
| Article 7 (Term of Office of Vice-chairpersons) |
The term of office of vice-chairpersons shall be two years: Provided, That the term of office of a vice-chairperson newly appointed to fill a vacancy shall be the remaining term of office of his/her predecessor.
[This Article Wholly Amended on May 28, 2009]
| Article 8 (Duty of Chairperson) |
| (1) | The chairperson shall preside over the meetings of and supervise the overall administrative affairs of the Unification Advisory Council and represent the Unification Advisory Council. |
| (2) | The chairperson shall stand as a warden in order to maintain order in meetings. |
| (3) | The chairperson may require the chief vice-chairperson to act on his/her behalf and when the chief vice-chairperson is unable to perform any of his/her duties due to extenuating circumstances, a vice-chairperson appointed by the chairperson shall perform such duty vicariously. |
[This Article Wholly Amended on May 28, 2009]
| (1) | The National Unification Advisory Council Secretariat (hereinafter referred to as the "Secretariat") shall be established to handle administrative affairs of the Unification Advisory Council. |
| (2) | The Secretariat shall have one secretary-general and other necessary public officials, and the secretary-general shall be appointed as a public official in political service. <Amended on May 20, 2010> |
| (3) | The secretary-general shall take general charge of the administrative affairs of the Unification Advisory Council under the command of the Chairperson, and direct and supervise the public officials under his/her control. |
| (4) | When the Chairperson deems necessary, he/she may require public officials of other agencies to hold office of a public official of the Secretariat concurrently, as prescribed by Presidential Decree, and may have other administrative agencies vicariously handle some of the administrative affairs of the Unification Advisory Council or entrust the handling of such administrative affairs to other administrative agencies. |
| (5) | The following matters concerning the Secretariat shall be determined by Presidential Decree: |
| 1. | Organization and scope of the duties of the Secretariat; |
| 2. | The kind and quota of public officials to be posted in the Secretariat; |
| 3. | Other necessary matters. |
[This Article Wholly Amended on May 28, 2009]
| Article 10 (Commissioning of Council Members) |
The President shall appoint any of the following persons as a council member, as prescribed by Presidential Decree: <Amended on May 20, 2010; May 22, 2013>
| 1. | A local council member of a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, Special Self-Governing Province or Gu/Si/Gun who is elected by the relevant local residents in accordance with the Local Autonomy Act; |
| 2. | A person able to speak for people's intent for unification in various regions inside and outside of Korea, such as persons at leadership level of a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, Special Self-Governing Province and Si/Gun/Gu, representatives of five North Korean Dos and representatives of Koreans residing overseas; |
| 3. | A person at leadership level who is recommended by the representative of a political party or by a National Assemblyman; |
| 4. | A person at representative level of a major social group or vocational group or a member thereof, who is able to speak for people's intent for unification; |
| 5. | Other persons at representative level who have a strong will for the democratic and peaceful unification of Korea and have contributed or are contributable to carrying out the duty of unification. |
[This Article Wholly Amended on May 28, 2009]
| Article 10-2 (Grounds for Disqualification for Membership) |
None of the following persons shall be commissioned as a council member:
| 1. | A person under adult guardianship or a person under limited guardianship; |
| 2. | A person in whose case five years have not elapsed since his or her imprisonment without labor or heavier punishment declared by a court was completely executed or the non-execution of such sentence became final; |
| 3. | A person who was sentenced to imprisonment without labor or heavier punishment, and in whose case two years have not elapsed after the period of suspension of execution of the punishment expired; |
| 4. | A person who is under suspension of sentence of his or her imprisonment without labor or heavier punishment declared by a court; |
| 5. | A person in whose case two years have not elapsed since his or her punishment of a fine declared by a court was completely executed or since he or she was exempt therefrom; |
| 7. | A person who was sentenced to a punishment or medical treatment and custody for committing any of the following offenses against minors, and in whose case such punishment or medical treatment and custody becomes final and conclusive (including a person sentenced to suspension of execution, in whose case the period of such suspension of execution has expired): |
[This Article Newly Inserted on Mar. 28, 2023]
| Article 10-3 (Separate Sentence of Fines) |
A person of concurrent crimes, who has committed a crime specified in subparagraph 6 of Article 10-2 and any other crime, shall be separately sentenced to fines for respective crimes, notwithstanding Article 38 of the Criminal Act. [This Article Newly Inserted on Mar. 28, 2023]
| Article 11 (Term of Office) |
| (1) | The term of office of a council member shall be two years from the date of commissioning, and he/she may be reappointed. <Amended on May 22, 2013> |
| (2) | In the event of a vacancy of a council member, the President shall commission a replacement in accordance with Article 10 without delay: Provided, That the replacement shall hold office for the remainder of the term of office of his/her predecessor. <Newly Inserted on May 22, 2013> |
[This Article Wholly Amended on May 28, 2009]
Every council member shall take the following oath at the beginning of his/her tenure of office at the Unification Advisory Council: <Amended on May 20, 2010>
"As an advisory member of the National Unification Advisory Council, I do solemnly swear that I will observe the national law and strive to perform any duty entrusted to me in good faith in respect for people's cherished desire for peaceful national unification."
[This Article Wholly Amended on May 28, 2009]
| Article 13 (Allowances, Travel Expenses, etc.) |
The position of a council member shall be honorary, and council members may be paid allowances for attending meetings, travel expenses, expenses incurred in performing duties, etc. within budgetary limits, as prescribed by Presidential Decree. <Amended on May 20, 2010>
[This Article Wholly Amended on May 28, 2009]
| Article 14 (Prohibition on Abuse of Official Position, etc.) |
| (1) | Every council member shall maintain his/her dignity as a council member and perform his/her duties faithfully, and shall not solicit anything from the State, local governments and other public organizations, government-invested enterprises, financial institutions, etc. or get involved in pursuing interests, in abuse of his/her official position. |
| (2) | Every council member shall be deemed public official for the purposes of the penal provisions of the Criminal Act and other Acts. |
[This Article Wholly Amended on May 28, 2009]
Every council member may resign with the leave of the chairperson.
[This Article Wholly Amended on May 28, 2009]
| (1) | When a council member falls under any of the following subparagraphs, he/she shall resign from the office of a council member: <Amended on Dec. 15, 2015; Mar. 28, 2023> |
| 1. | When a council member falls under any of the subparagraphs of Article 10-2; |
| 2. | Deleted; <Mar. 28, 2023> |
| 3. | When a council member falling under subparagraph 1 of Article 10 loses the position of a local council member. |
| (2) | When a council member falls under any of the following subparagraphs, the President may dismiss such council member through a resolution of the Operating Committee: |
| 1. | When a council member is deemed unfaithful in performing his/her duties; |
| 2. | When a council member violates Acts and subordinate statutes or conducts an act which causes substantial damage to the dignity of a council member; |
| 3. | Other cases where it is deemed necessary to replace a council member in order to attain the purposes of the Unification Advisory Council. |
[This Article Wholly Amended on May 28, 2009]
| Article 17 Deleted. <Jul. 24, 2001> |
| Article 18 (Standing Committee) |
| (1) | A standing committee shall be established to handle matters delegated at the meetings of the Unification Advisory Council and matters ordered by the chairperson. |
| (2) | The standing committee shall be comprised of not less than 300 to not more than 500 standing members appointed by the chairperson based on their town/city of origin and vocational backgrounds, from among the council members. |
| (3) | Every vice-chairperson shall become a standing member and the chief vice-chairperson shall become the chairperson of the standing committee. |
| (4) | The standing committee shall hold meetings at least once a year. |
| (5) | The standing committee may have sub-committees, as prescribed by Presidential Decree. |
| (6) | Matters concerning the organization and operation of the standing committee and other necessary matters shall be determined by Presidential Decree. |
[This Article Wholly Amended on May 28, 2009]
| Article 19 (Operating Committee) |
| (1) | An operating committee shall be established to deliberate on matters concerning the operation of the Unification Advisory Council. |
| (2) | The operating committee shall be comprised of not more than 50 members appointed by the chairperson from among the council members. |
| (3) | The chief vice-chairperson shall be the chairperson of the operating committee. |
| (4) | The organization, scope of duties and operation of the operating committee, and other matters necessary therefor shall be determined by Presidential Decree. |
[This Article Wholly Amended on May 28, 2009]
| (1) | Meetings of the Unification Advisory Council shall be called by the chairperson once every two years and shall also be called when the chairperson deems it necessary or at the request of at least one-third of registered members. |
| (2) | The chairperson shall determine and announce the date, time, place and outlines of agenda items of an assembly at least five days prior to the date of the assembly. |
[This Article Wholly Amended on May 28, 2009]
| Article 21 (Opening, Closing, etc. of Meetings) |
| (1) | The Unification Advisory Council shall hold its opening ceremony on the date of assembly. |
| (2) | Meetings of the Unification Advisory Council shall be opened and closed with opening declaration and closing declaration, respectively, by the chairperson. |
| (3) | When discussions on the items of an agenda referred to a meeting of the Unification Advisory Council are concluded, the chairperson shall declare the rising of the meeting. |
| (4) | The chairperson may declare a recess for a fixed period of time during the period of assembly. |
[This Article Wholly Amended on May 28, 2009]
Meetings of the Unification Advisory Council shall be held at the presence of a majority of registered members and pass resolutions by a majority vote of members present.
[This Article Wholly Amended on May 28, 2009]
| Article 22-2 (Remote Video Conference) |
| (1) | Where it is deemed difficult to normally convene a meeting of the Unification Advisory Council due to natural disasters, spread of infectious diseases, or any other grounds prescribed by Presidential Decree, the chairperson may convene a meeting in the form of a remote video conference (referring to a conference in which the council members are present in multiple locations equipped with devices for transmitting and receiving video images and voice simultaneously; hereafter the same shall apply in this Article). |
| (2) | The council members present at a remote video conference shall be deemed to be present at the same meeting venue. |
[This Article Newly Inserted on Mar. 28, 2023]
| Article 23 (Opening of Meetings to Public) |
| (1) | Meetings of the Unification Advisory Council shall be open to the public: Provided, That the same may not apply to cases where the chairperson deems it necessary to be closed to the public on the grounds of guarantee of national security or others. |
| (2) | The details of meetings closed to the public shall not be made public. |
[This Article Wholly Amended on May 28, 2009]
| Article 24 (Maintaining of Order in Meetings) |
When a council member disturbs the order of the meeting in violation of Acts and subordinate statutes or chairperson's orders, the chairperson may issue warning to such council member or put a restraint on such council member, and when such council member fails to comply with the said measures, prohibit such council member from making statements or order such council member to leave the meeting room.
[This Article Wholly Amended on May 28, 2009]
Every council member may make statements freely in a meeting room within the scope of subject matter, with the leave of the chairperson.
[This Article Wholly Amended on May 28, 2009]
When the chairperson deems necessary, he/she may submit any item on an agenda to a vote.
[This Article Wholly Amended on May 28, 2009]
| Article 27 (Preparation and Distribution of Minutes) |
| (1) | The Unification Advisory Council shall prepare minutes and state the following matters therein: |
| 1. | The date and time of opening, suspension and rising of each meeting; |
| 3. | Number of council members present; |
| 4. | Items on the agenda of a meeting and the details thereof; |
| 6. | Other matters that the chairperson deems necessary. |
| (2) | The minutes may be distributed or promulgated to council members or to the general public. |
[This Article Wholly Amended on May 28, 2009]
| Article 28 (Audience, etc.) |
| (1) | The chairperson may issue admission tickets to allow an audience. |
| (2) | Anyone may make audio-recordings, video-recordings, filming, relay broadcasts, etc. in a meeting room with the leave of the chairperson. |
| (3) | The chairperson may order audience members who disturb the order of the meeting to leave the meeting room. |
[This Article Wholly Amended on May 28, 2009]
| Article 29 (Regional Councils, etc.) |
| (1) | The Unification Advisory Council may have regional councils in each of Special Metropolitan Cities, Metropolitan Cities, Special Self-Governing Cities, Dos, Special Self-Governing Provinces, five North Korean Dos and Koreans residing overseas, which are composed of council members from the relevant regions and may have regional sub-councils in Sis/Guns/Gus and overseas regions. <Amended on May 22, 2013> |
| (2) | Meetings of a regional council shall be called by the chairperson as necessary, with a vice-chairperson from the relevant region presiding over the meetings: Provided, That when a regional council has no vice-chairperson from the relevant region or when a vice-chairperson from the relevant region is unable to perform any of his/her duties due to extenuating circumstances, a council member appointed by the chairperson shall preside over meetings. |
| (3) | The following matters shall be determined by Presidential Decree: |
| 1. | Matters concerning integration of the results of meetings of regional councils; |
| 2. | Organization and operation of regional councils; |
| 3. | Other matters necessary for regional councils. |
[This Article Wholly Amended on May 28, 2009]
CHAPTER VI UNIFICATION PROMOTION FUNDS
| Article 30 (Unification Promotion Funds) |
| (1) | The Unification Advisory Council may establish and operate separate unification promotion funds to promote the democratic and peaceful unification of Korea. |
| (2) | The establishment, creation, and operation of the unification promotion funds referred to in paragraph (1) and other matters necessary therefor shall be determined by Presidential Decree. |
[This Article Wholly Amended on May 28, 2009]
CHAPTER VII SUPPLEMENTARY RULES
| Article 31 (Cooperation from Relevant Agencies) |
| (1) | When the chairperson deems necessary, he/she may request the heads of other State agencies and local governments to dispatch public officials under their control or to render other necessary cooperation. |
| (2) | In order to ascertain whether a person who is to be commissioned or is already commissioned as a member of the Council falls under any grounds for disqualification for membership referred to in Article 10-2, the secretary-general may request the head of a related agency to make an inquiry about criminal records of the person pursuant to Article 6 of the Act on the Lapse of Criminal Sentences, with the consent of the person concerned. <Newly Inserted on Mar. 28, 2023> |
| (3) | The heads of the State agencies and local governments in receipt of a request filed under paragraph (1) or (2) shall comply therewith unless there is a compelling reason not to do so. <Amended on Mar. 28, 2023> |
[This Article Wholly Amended on May 28, 2009]
| Article 32 Deleted. <Jul. 24, 2001> |
ADDENDUM <Act No. 3383, Mar. 14, 1981>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 4000, Feb. 17, 1988>
Article 1 (Enforcement Date)
This Act shall enter into force on February 25, 1988.
Article 2 (Transitional Measures concerning Change of Name of Institution)
| (1) | The Policy-Making consulting Council on Peaceful Unification as at the time this Act enters into force shall continue to exist and perform its duties until the Advisory Council on the Democratic and Peaceful Unification is established by this Act. |
| (2) | The public officials under the jurisdiction of the Secretariat of the Policy-Making consulting Council on Peaceful Unification at the time this Act enters into force shall be deemed the public officials under the jurisdiction of the Secretariat of the Advisory Council on the Democratic and Peaceful Unification by this Act. |
Article 3 (Transitional Measures concerning Term of Office for Some Council Members)
At the time this Act enters into force, the term of office for Council members elected by the previous provisions of Article 10, whose term shall be expired on the day of commissioning as a local council member by the amended provisions of subparagraph 1 of Article 10, shall continue until the date of commissioning as a local council member despite the amended provisions of Article 11.
ADDENDA <Act No. 5126, Dec. 30, 1995>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 5529, Feb. 28, 1998>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 5982, May 24, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 6500, Jul. 24, 2001>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 9753, May 28, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 10309, May 20, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 11815, May 22, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 13564, Dec. 15, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 19324, Mar. 28, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Grounds for Disqualification of Council Members)
The amended provisions of Article 10-2 shall begin to apply to cases where the council members are commissioned after this Act enters into force. Article 3 (Transitional Measures for Resignation of Council Members)
The previous provisions shall apply to the members of the Council who are commissioned as at the time this Act enters into force until their terms of office expire, notwithstanding the amended provisions of Article 16 (1).