| Article 2 (Scope of committees subject to consultation) |
| (1) | “Scope of committees subject to consultation” in the latter part of Article 6 (1) of the Act on the Establishment and Management of Councils, Commissions and Committees under Administrative Agencies (hereinafter referred to as the "Act") means a committee established pursuant to a statute or Presidential Decree (referring to a collegiate agency comprised of multiple members to provide advice or to conduct coordination, consultation, deliberation, or resolution on business affairs under the jurisdiction of an administrative agency, regardless of its name or any other title such as a council, deliberative committee, or consultative committee; hereinafter the same shall apply); provided, a committee commonly established in each administrative agency pursuant to statutes or regulations shall be excluded herefrom insofar as such committee is established by the head of an administrative agency having competence on a statutes or regulation at the time of the enactment or amendment of the statutes or regulation governing the establishment of the committee. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | “Matters prescribed by Presidential Decree, such as the convocation of a meeting and the quorum for resolution” in Article 6 (2) 5 of the Act means the following: |
| 1. | Affiliation of the committee; |
| 2. | The timing of convening a meeting, quorum for proceedings, and quorum for resolution; |
| 3. | The authority of the chairperson of the committee and a person who acts on behalf of the chairperson if the chairperson is unable to attend a meeting of the committee; |
| 4. | Matters regarding the composition and operation of subcommittees, if subcommittees are to be established; |
| 5. | Other matters necessary for the fair and efficient operation of the committee, such as deliberation and the deadline for deliberation, resolution, etc. (hereinafter referred to as "deliberation, etc."), and procedures for filing objections. |
| Article 3 (Methods and procedures for establishment of committee) |
| (1) | When the head of an administrative agency (if there is a separate head of a central administrative agency that supervises the operation of a committee, such as performing the role of executive secretary of the committee, among committees belonging to the President and the Prime Minister, referring to the head of such central administrative agency; hereinafter the same shall apply) establishes a committee pursuant to Article 6 of the Act, he or she shall formulate a plan for the establishment of the committee and a draft statute or regulation governing the establishment thereof, consult with the Minister of the Interior and Safety, and pre-announce the relevant draft statute or regulation. <Amended on Mar. 23, 2013; Nov. 19, 2014; Sep. 5, 2016; Jul. 26, 2017; Aug. 19, 2020> |
| (2) | An establishment plan referred to in paragraph (1) shall include the following matters: <Amended on Sep. 5, 2016> |
| 1. | Matters referred to in the subparagraphs of Article 6 (2) of the Act; |
| 2. | Matters regarding legal fiction as public officials for purposes of applying penalty provisions under Article 6 (3) of the Act; |
| 3. | Matters regarding the standards for dismissal or discharge of members of a committee under Article 6 (4) of the Act; |
| 4. | Whether to establish and operate a committee with overlapping characteristics and functions under Article 7 (1) of the Act, the possibility of jointly establishing and operating committees having similar characteristics and functions under paragraph (2) of that Article, and the possibility of integrated establishment of advisory committees, etc. under paragraph (3) of that Article. |
| (3) | The Minister of the Interior and Safety may determine matters regarding the standards, procedures, etc. for examination necessary for consultation under paragraph (1) and notify the heads of administrative agencies thereof. In such cases, if he or she prepares or modifies matters regarding the standards, procedures, etc. for examination, he or she shall hear opinions of the heads of administrative agencies. <Added on Aug. 19, 2020> |
| Article 3-2 (Request for data on legislative bills proposed by National Assembly members) |
The Minister of the Interior and Safety may, if necessary to present his or her opinion on matters regarding the establishment of a committee under a legislative bill proposed by a member of the National Assembly as notified by the Minister of Government Legislation pursuant to Article 11-3 (3) of the Regulations on the Management of Legislative Affairs, request the head of the competent agency having jurisdiction over the relevant member's legislative bill to provide data on whether it is necessary to establish a committee, etc. <Amended on Jan. 5, 2021> [This Article Added on Oct. 17, 2017]
| Article 4 (Composition of committee) |
| (1) | “Special cases prescribed by Presidential Decree, such as an administrative committee” in the proviso of Article 8 (1) of the Act means an administrative committee, etc. under Article 5 (1) of the Act, where members with expertise in continuous and regular business affairs shall conduct deliberation, etc. in an independent and stable manner. |
| (2) | "Special Cases prescribed by Presidential Decree" in Article 8 (2) of the Act means any of the following cases: |
| 1. | Where the relevant position is designated as an ex officio member under statutes or regulations; |
| 2. | Where matters subject to deliberation, etc. by the committee require highly specialized knowledge or skills and where it is necessary for a member to conduct deliberation, etc. in a stable and continuous manner. |
| (3) | The head of an administrative agency shall organize a committee in accordance with the following principles: <Amended on Oct. 17, 2017> |
| 1. | Members shall not be commissioned or appointed to several committees unless there is a compelling reason not to do so; |
| 2. | The composition of the members of a committee shall be balanced by gender, region, and function; |
| 3. | A committee shall not be comprised of excessively high-ranking individuals to prevent it from operating in a perfunctory manner such as by proxy attendance of a chairperson or members; |
| 4. | The possibility of improper intervention by interested parties in a committee's deliberation and resolution process shall be minimized by diagnosing the business ethics of candidates for a committee member in advance. |
| Article 5 (Operation of committee) |
| (1) | “Where it is necessary to hold a meeting due to urgent reasons or in cases prescribed by Presidential Decree, such as matters related to security, etc.” in the proviso of Article 9 (1) of the Act means any of the following cases: |
| 1. | Where there is insufficient time to notify the meeting schedule, agenda, etc. not later than 7 days before the meeting is held because it is necessary to hold a meeting for urgent reasons; |
| 2. | Where the disclosure of the contents of the agenda is likely to undermine national security and public interest. |
| (2) | “Cases prescribed by Presidential Decree, such as cases where the contents of the agenda are minor” in Article 9 (2) of the Act means any of the following cases: |
| 1. | Where the contents of the agenda are minor; |
| 2. | Where there is no time to hold a meeting in which members are present due to urgent reasons; |
| 3. | Where it is impracticable to fill the quorum for proceedings by the attendance of members due to a natural disaster or any other unavoidable cause. |
| (3) | A committee shall be operated in accordance with the following principles: |
| 1. | A committee shall comply with the deadline for deliberation, etc. prescribed by statutes or regulations, and shall endeavor not to delay decision-making even if there is no deadline for deliberation, etc.; |
| 2. | A committee shall endeavor to ensure fair and transparent deliberation, etc. by disclosing the criteria for deliberation, etc. in advance and presenting reasonable grounds for the results of deliberation, etc. except in special cases. |
| Article 6 (Secretariat of committee) |
| (1) | A committee, which may establish a secretariat or hire employees pursuant to the proviso of Article 10 (2) of the Act, shall be an advisory committee, etc. under Article 5 (2) of the Act (hereinafter referred to as "advisory committee, etc."), the main functions of which are difficult to be deemed to belong to a specific administrative agency, and which coordinates or integrates functions under the jurisdiction of several administrative agencies. |
| (2) | The committee eligible to have full-time expert members pursuant to the proviso of Article 10 (2) of the Act means a committee in which the functions of the relevant advisory committee, etc. are related to very specialized matters, which require sufficient preliminary examination by experts in the relevant field, etc. |
| Article 7 (Inspection to determine continued existence) |
| (1) | If it is necessary to extend the period of existence of a committee, the head of the competent administrative agency shall request the Minister of the Interior and Safety to consult on the extension of the period of existence of the committee pursuant to Article 11 (3) of the Act no later than 12 months before the expiration of the period of existence of the committee pursuant to Article 11 (3) of the Act. <Amended on Nov. 16, 2023> |
| (2) | If the head of an administrative agency deems it necessary to extend the term of existence of a committee prescribed by any statute, he or she shall submit to the National Assembly a draft amendment with respect to the extension of the term of existence of the committee pursuant to Article 11 (3) of the Act, which has been consulted with the Minister of the Interior and Safety pursuant to paragraph (4) of that Article, no later than 6 months before the expiration of the term of existence pursuant to paragraph (4) of that Article. <Added on Nov. 16, 2023> |
| (3) | The results of inspection to determine the continued existence of a committee submitted by the head of an administrative agency to the Minister of the Interior and Safety pursuant to Article 11 (5) of the Act shall include the following matters, and shall be submitted along with evidentiary materials, if necessary: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Nov. 16, 2023> |
| 1. | Possibility of abolition following the achievement of the objectives of establishment, etc.; |
| 2. | Possibility of integrated operation with other committees; |
| 3. | Matters determined by the Minister of the Interior and Safety for the efficient operation of a committee, such as the necessity for adjusting the affiliation of the committee and the positions of the committee members. |
| Article 8 (Notification of current status of committee and details of activities) |
| (1) | “Committees prescribed by Presidential Decree, such as committees commonly established in each administrative agency pursuant to other statutes or regulations” in the proviso of Article 13 (1) of the Act means any of the following committees: |
| 1. | A committee established under the proviso of Article 2 (1); |
| 2. | A committee that conducts deliberations, etc. on matters regarding major State secrets or audits, where the disclosure of the current status thereof is likely to harm national security or fairness in audits. |
| (2) | “Matters prescribed by Presidential Decree, such as human resources for the operation of the Committee and the current status of budget” in Article 13 (1) 3 of the Act means the following: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Oct. 17, 2017> |
| 1. | The current status of the operational personnel and budget of the committee; |
| 2. | The affiliation and grounds for the establishment of the committee; |
| 3. | The current status of the secretariat of the committee (applicable only where a secretariat has been established pursuant to Article 10 of the Act); |
| 4. | Matters determined by the Minister of the Interior and Safety to efficiently manage the current status of the committee. |
| (3) | “Committees prescribed by Presidential Decree, such as committees commonly established in each administrative agency pursuant to other statutes or regulations” in the proviso of Article 13 (2) of the Act means the committees under the proviso of Article 2 (1). |
| Article 8-2 (Request for submission of improvement plans for committees) |
If necessary to formulate an improvement plan under Article 14 (1) of the Act, the Minister of the Interior and Safety may request a committee to submit data, such as an improvement plan for a committee which has not held a meeting for at least 1 year under paragraph (2) of that Article without any compelling reason not to do so. [This Article Added on Oct. 17, 2017]
| Article 9 (Disclosure of operation of committee) |
Pursuant to Article 15 of the Act, the head of an administrative agency shall disclose the current status, statement of activities, etc. of the Committee to the public through the information and communications network, such as website, or government publications, etc., pursuant to Article 15 of the Act.
ADDENDA <Presidential Decree No. 21384, Mar. 31, 2009>
Article 1 (Enforcement date)
This Decree shall enter into force on April 1, 2009.
ADDENDA <Presidential Decree No. 24425, Mar. 23, 2013>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, of those Presidential Decrees amended pursuant to Article 6 of the Addenda, the amended parts of the Presidential Decree which have been promulgated before this Decree enters into force but the enforcement date of which has yet to arrive, shall enter into force on the date the relevant Presidential Decree enters into force, respectively.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, of those Presidential Decrees amended pursuant to Article 5 of the Addenda, the amended parts of the Presidential Decree which have been promulgated before this Decree enters into force but the enforcement date of which has yet to arrive, shall enter into force on the date the relevant Presidential Decree enters into force, respectively.
ADDENDUM <Presidential Decree No. 27481, Sep. 5, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, of those Presidential Decrees amended pursuant to Article 8 of the Addenda, the amended parts of the Presidential Decree which have been promulgated before this Decree enters into force but the enforcement date of which has yet to arrive, shall enter into force on the date the relevant Presidential Decree enters into force, respectively.
ADDENDUM <Presidential Decree No. 28359, Oct. 17, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 30946, Aug. 19, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 31378, Jan. 5, 2021>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 33868, Nov. 16, 2023>
This Decree shall enter into force on November 17, 2023.