ENFORCEMENT DECREE OF THE PUBLIC RECORDS MANAGEMENT ACT
Wholly Amended by Presidential Decree No. 19985, Apr. 4, 2007
Amended by Presidential Decree No. 20171, Jul. 18, 2007
Presidential Decree No. 20191, Jul. 26, 2007
Presidential Decree No. 20741, Feb. 29, 2008
Presidential Decree No. 20789, May 21, 2008
Presidential Decree No. 21214, Dec. 31, 2008
Presidential Decree No. 21473, May 6, 2009
Presidential Decree No. 22148, May 4, 2010
Presidential Decree No. 22151, May 4, 2010
Presidential Decree No. 22269, Jul. 12, 2010
Presidential Decree No. 22508, Nov. 30, 2010
Presidential Decree No. 22673, Feb. 22, 2011
Presidential Decree No. 22940, May 30, 2011
Presidential Decree No. 23091, Aug. 22, 2011
Presidential Decree No. 23383, Dec. 21, 2011
Presidential Decree No. 24425, Mar. 23, 2013
Presidential Decree No. 24723, Sep. 13, 2013
Presidential Decree No. 25375, Jun. 11, 2014
Presidential Decree No. 25693, Nov. 4, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 25985, Jan. 6, 2015
Presidential Decree No. 26126, Mar. 3, 2015
Presidential Decree No. 26791, Dec. 30, 2015
Presidential Decree No. 26922, Jan. 22, 2016
Presidential Decree No. 27103, Apr. 26, 2016
Presidential Decree No. 27460, Aug. 29, 2016
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28303, Sep. 19, 2017
Presidential Decree No. 29563, Feb. 26, 2019
Presidential Decree No. 30584, Mar. 31, 2020
Presidential Decree No. 30700, May 26, 2020
Presidential Decree No. 30833, Jul. 14, 2020
Presidential Decree No. 31380, Jan. 5, 2021
Presidential Decree No. 32223, Dec. 16, 2021
Presidential Decree No. 32558, Mar. 29, 2022
Presidential Decree No. 32772, Jul. 5, 2022
Presidential Decree No. 34487, May 7, 2024
Presidential Decree No. 35506, May 20, 2025
CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to prescribe matters mandated by the Public Records Management Act and matters necessary for the enforcement thereof.
The terms used in this Decree are defined as follows: <Amended on May 4, 2010; Dec. 21, 2011; Apr. 26, 2016; Mar. 31, 2020; Jul. 5, 2022; Jun. 27, 2023; May 20, 2025>
| 1. | Deleted; <Mar. 31, 2020> |
| 2. | The term "electronic records" means archival information and data, such as electronic documents, web archives, administrative information data set, etc. which are sent, received, or stored after being prepared in an electronic form by a system having information-processing capacity; |
| 2-2. | The term "processing division" means a processing division defined in subparagraph 4 of Article 3 of the Regulations on the Operation and Innovation of Administrative Affairs (in cases of an institution referred to in any of the subparagraphs of Article 3 of this Decree, referring to a department corresponding thereto); |
| 3. | The term "retained records" means records designated under Article 31 (2), such as cards, drawings, and ledgers, which are frequently used for the management or verification of matters related to persons, goods, or legal relationships and are required to be continuously retained and used by the processing division; |
| 4. | The term “file of records” means 1 or more bundles of related records filed together within the scope of a unit task; |
| 5. | The term "government function classification system" means the function classification system which consists of a function classification system presenting government-wide standardized functions performed by the government and a classification system classified by objectives for the management of tasks of each Ministry; |
| 6. | The term "unit task" means a task that subdivides the sub-functions of the Government Function Classification System by area or procedure, taking into account factors such as similarity and distinctiveness; |
| 7. | The term "electronic records creation system" means the electronic document system, duty management system, and administrative information system (referring to an information system corresponding to those used by the institutions referred to in the subparagraphs of Article 3; hereinafter the same shall apply) under subparagraphs 10 through 12 of Article 3 of the Regulations on the Operation and Innovation of Administrative Affairs; |
| 8. | The term "records management system" means the system of managing records electronically at record repositories or special record repositories; |
| 9. | The term "permanent records management system" means the system of electronically managing records at permanent records management institutions; |
| 10. | The term "web records" means all types of archival information and data produced on the web, such as websites, blogs, and social media operated and utilized by public institutions, and management information related to the operation and establishment of websites; |
| 11. | The term "administrative information data set" means letters, numbers, figures, images, and other data combined for the production, collection, processing, storage, search, provision, transmission, receipt, etc. in the administrative information system under subparagraph 12 of Article 3 of the Regulations on the Operation and Innovation of Administrative Affairs; |
| 12. | The term "records management metadata" means data describing matters related to the contents, context, structure, and records management history; |
| 13. | The term "long-term retention package" means collections of the following data: |
| (b) | Metadata for records management; |
| (c) | A retention format (referring to a file format for the retention of records; hereinafter the same shall apply); |
| (d) | Authentication information, such as an administrative digital signature (referring to a digital signature in cases of an agency that uses a digital signature, other than an administrative digital signature; hereinafter the same shall apply); |
| (e) | Other information deemed necessary by the head of the central records management institution to manage electronic records. |
| Article 3 (Scope of public institutions) |
"Institution prescribed by Presidential Decree" in subparagraph 1 of Article 3 of the Public Records Management Act (hereinafter referred to as the "Act") means any of the following institutions: <Amended on May 4, 2010; Nov. 4, 2014; Mar. 31, 2020> | 2. | Local government-invested public corporations and local government public corporations established under the Local Public Enterprises Act; |
| 4. | A corporation established under special Acts (provided, cultural institutes under the Promotion of Local Cultural Institutes Act, and cooperatives and associations established under special Acts shall be excluded therefrom); |
| Article 4 (Principles of records management) |
| (1) | Records shall be managed according to the standards and procedures prescribed by this Decree in order to guarantee the authenticity, integrity, reliability, and availability of records under Article 5 of the Act, and shall comply with the Korean Industrial Standards provided for in Article 12 of the Industrial Standardization Act. <Amended on May 21, 2008> |
| (2) | The heads of public institutions and records management institutions shall establish and implement policies and procedures for the management of records under paragraph (1) and manage the results thereof by keeping them as records. |
| (3) | The heads of public institutions and records management institutions shall establish and operate the electronic records creation system, records management system, or permanent records management system as determined by the head of the central records management institution, in order to have records created and managed electronically, and shall establish and implement a plan for the digitization of records to manage and utilize records that have not been created in an electronic form. |
| (4) | For the management of records, the heads of public institutions and records management institutions shall create and manage records management metadata created throughout the entire process of the creation and management of records through the electronic records creation system, records management system, and permanent records management system. <Added on Mar. 31, 2020> |
| Article 5 (Security management of electronic records) |
The heads of public institutions and records management institutions shall manage electronic records safely in the process of managing records including the creation, transfer, preservation, disposal, etc. thereof by taking security measures the safety of which has been confirmed by the Director of the National Intelligence Service under Article 56 (3) of the Electronic Government Act, and the Director of the National Intelligence Service may check whether they comply with such requirements. <Amended on Jul. 18, 2007; May 4, 2010>
CHAPTER II RECORDS MANAGEMENT INSTITUTIONS
| Article 6 (Central records management institution) |
| (1) | The National Archives of Korea shall be the central records management institution provided for in Article 9 (1) of the Act. |
| (2) | The head of the central records management institution may establish and operate an intermediary management facility referred to in Article 9 (3) of the Act in order to perform the following duties: |
| 1. | Management of records the retention period of which is not more than 30 years, among those transferred from a public institution; |
| 2. | Management of records the retention period of which is not more than 30 years, among those transferred from a closed institution. |
| (3) | The head of the central records management institution may provide support for the preservation and restoration of domestic and foreign records in order to strengthen the management of records deemed to have national archival value and to promote international exchange and cooperation in records management. <Added on May 20, 2025> |
| Article 7 (Entrusted management of records of constitutional institutions) |
| (1) | The National Assembly, the Supreme Court, the Constitutional Court, or the National Election Commission fails to establish its permanent records management institution provided for in Article 10 (1) of the Act, it shall manage its records the retention period of which is not less than 30 years, by entrusting them to the central records management institution within the year following the year in which 10 years lapse from the cutoff date. |
| (2) | The central records management institution may determine the matters necessary for the entrusted management, such as the disclosure, utilization, treatment for preservation, preservation costs, etc. of records, after consultation with the entrusting institution. |
| Article 8 (Transfer of records by institutions without local records management institutions) |
Where any superintendent of the offices of education of Special Metropolitan City, Metropolitan City, Do, Special Self-Governing Province, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu) fails to establish a local records management institution, he or she shall transfer the records the retention period of which is not less than 30 years to the local records management institution of the relevant Special Metropolitan City, Metropolitan City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do") within the year following the year in which 10 years lapse from the cutoff date, under the latter part of paragraph (2) and the latter part of paragraph (3) of Article 11 of the Act. <Amended on May 4, 2010>
| Article 9 (Joint establishment of local records management institution) |
| (1) | The joint establishment of a local records management institution under Article 11 (5) of the Act shall be conducted with a City/Do or Si/Gun/Gu (referring to an autonomous Gu) as a unit. In such cases, the local records management institution shall be deemed a local government association established under Article 176 of the Local Autonomy Act, and it shall be subject to the application of Articles 177 through 181 of that Act. <Amended on May 4, 2010; Dec. 16, 2021; Jul. 5, 2022> |
| (2) | Where any local government intends to jointly establish and operate a local records management institution under paragraph (1), they shall consult with the central records management institution regarding the following matters: |
| 1. | Location, facilities, and equipment; |
| 2. | Composition of organization and method of appointing employees; |
| 3. | Plans for securing budget necessary for the establishment and operation; |
| 4. | Other matters necessary for the joint establishment and operation of local records management institution. |
| (3) | The head of the central records management institution may request matters necessary for the joint establishment and operation of a local records management institution from a local government, and the head of the local government shall comply with such request unless there is a compelling reason not to do so. |
| Article 10 (Establishment of records repositories) |
| (1) | "Public institution prescribed by Presidential Decree" in the main clause of Article 13 (1) of the Act means any of the following public institutions, the annual production of which by the institution or its affiliated institution is at least 1,000 copies or the records subject to preservation are at least 5,000 copies; provided, where a public institution falling under subparagraph 6 (excluding an administrative Si under Article 10 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City) establishes and operates a permanent records management institution under Article 11 (3) of the Act (excluding where it is jointly established), such permanent records management institution shall perform the duties of a record repository without establishing a record repository. <Amended on Feb. 29, 2008; Dec. 31, 2008; May 6, 2009; May 4, 2010; Jul. 12, 2010; May 30, 2011; Mar. 23, 2013; Jun. 11. 2014; Nov. 4, 2014; Nov. 19, 2014; Jan. 6, 2015; Dec. 30, 2015; Jan. 22, 2016; Jul. 26, 2017; Mar. 31, 2020> |
| 1. | The Board of Audit and Inspection, the National Human Rights Commission, and central administrative agencies (including agencies under the President and those under the Prime Minister); |
| 2. | Deleted; <Mar. 31, 2020> |
| 3. | Deleted; <Mar. 31, 2020> |
| 4. | Deleted; <Mar. 31, 2020> |
| 6. | Si/Gun/Gu (referring to an autonomous Gu) and administrative Si to be set up in Jeju Special Self-Governing Province under Article 10 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; |
| 8. | Military agencies under the direct control of the Minister of National Defense, which shall be selected by the Minister of National Defense; |
| 9. | Military agencies selected by the Headquarters of the Army, the Headquarters of the Navy, and the Headquarters of the Air Force, or by the Chief of Staff of the Army, the Chief of Staff of the Navy, and the Chief of Staff of the Air Force; |
| 10. | Agencies provided for in subparagraphs 1 through 4 of Article 3; |
| (a) | National schools established and maintained by the State or ones established as corporate national universities; |
| (b) | Private schools established and maintained by a school foundation; |
| 12. | Other public institutions designated by the head of a permanent records management institution as deemed necessary for the establishment of record repositories. |
| (2) | In cases of a public institution not required to establish and operate a record repository under paragraph (1), a division designated by the head of the relevant public institution shall perform duties of the record repository. In such cases, the head of the public institution may set up a records repository with approval from the head of a permanent records management institution under its jurisdiction. <Amended on Mar. 31, 2020> |
| (3) | Where a public institution which shall establish and operate a record repository under paragraph (1) establishes and operates a special record repository under Article 14 (1) of the Act, it shall have the special record repository perform the duties of a record repository without establishing a record repository. |
| (4) | Public institutions under the main clause of paragraph (1) with the exception of its subparagraphs may establish and operate at least two record repositories where necessary. <Amended on Mar. 31, 2020> |
| (5) | A public institution which has established a record repository under paragraph (1) 7 may, where necessary, operate record repositories within its jurisdictions in an integrated manner with approval from the head of a permanent records management institution. <Added on Mar. 31, 2020> |
| (a) | National schools: A record repository of the competent central administrative agency (in cases of schools affiliated to universities or colleges of education, referring to a record repository of the relevant university or college of education); |
| (b) | Public and private schools: A record repository of the competent office of education or district office of education; |
| 2. | Schools established under other statutes: A record repository designated by the head of the central records management institution. |
| (7) | Where the head of a permanent records management institution newly establishes or changes a record repository, he or she shall publicly notify such fact every year through the Official Gazette (or the Public Gazette in the case of a local records management institution) or the information and communications network including the website of the permanent records management institution. <Added on Mar. 31, 2020> |
| Article 11 (Establishment of special record repositories) |
| (1) | A special record repository under Article 14(1) of the Act may be established in the Ministry of Unification, the Ministry of Foreign Affairs, the Ministry of National Defense and military agencies directly under the Minister of National Defense as designated by the Minister, the Corruption Investigation Office for High-ranking Officials, the Supreme Prosecutors’ Office, High Prosecutors’ Offices, District Prosecutors’ Offices, the Defense Acquisition Program Administration, the National Police Agency and Provincial Police Agencies, the Korea Coast Guard and Regional Coast Guard Agencies, the National Intelligence Service, the Army, Navy, and Air Force Headquarters, and military agencies as designated by the Chiefs of Staff of the Army, Navy, and Air Force, respectively. |
| (2) | The head of a public institution who intends to establish a special record repository under paragraph (1) shall prepare an operation plan including the purpose of establishment of the special record repository, the current status of records subject to management, the placement of facilities, equipment, and experts, etc. and request the head of the central record management institution for consultation. |
| (3) | The head of the central record management institution in receipt of a request under paragraph (2) shall examine the appropriateness of the operation plan and notify the head of the public institution who has requested consultation of the result of examination. |
[This Article Wholly Amended on May 20, 2025]
CHAPTER III NATIONAL RECORDS MANAGEMENT COMMITTEE
| Article 12 (Operation of National Records Management Committee) |
| (1) | The chairperson of the National Records Management Committee (hereinafter referred to as "Chairperson") established under Article 15 of the Act (hereinafter referred to as the "Committee") shall exercise overall control of the affairs of the Committee and shall chair the meetings of the Committee. |
| (2) | The vice-chairperson shall assist the Chairperson, and shall act on behalf of the Chairperson in cases where the Chairperson is unable to perform his or her duties due to any unavoidable event or cause. <Added on May 26, 2020> |
| (3) | Where the members prescribed in Article 15 (2) 1 through 4 of the Act are unable to attend a meeting for any unavoidable cause, a public official designated by the members may attend the meeting on their behalf and perform the members' duties. <Added on May 26, 2020> |
| (4) | Meetings of the Committee shall be held every quarter of a year; provided, where deemed necessary, the Chairperson may call an extraordinary meeting. <Amended on May 26, 2020> |
| (5) | A majority of the members of the Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present. <Amended on May 26, 2020> |
| (6) | Where deemed necessary, the Chairperson may request the public institutions and records management institutions concerned to submit relevant data in order to deliberate on the matters specified in the subparagraphs of Article 15 (1) of the Act. <Amended on May 26, 2020> |
| (7) | The head of the central records management institution may pay allowances, travel expenses, and other necessary expenses to the commissioned members of the Committee within the budget. <Amended on May 26, 2020> |
| (8) | Other matters necessary for the operation of the Committee shall be determined by the Chairperson upon the resolution of the Committee. <Amended on May 26, 2020> |
| Article 13 (Organization and operation of expert committee) |
| (1) | In order to professionally examine and deliberate upon matters specified in each subparagraph of Article 15 (1) of the Act, an expert committee for each relevant field shall be organized and operated under Article 15 (8) of the Act. <Amended on May 4, 2010; Sep. 19, 2017> |
| (2) | The expert committee shall be composed of up to 15 members, including 1 chairperson (hereinafter referred to as “chairperson of the expert committee”), and the term of office of members who are not public officials shall be 3 years. <Amended on May 26, 2020; May 20, 2025> |
| (3) | The chairperson of an expert committee shall be appointed by the Chairperson from among the members of the Committee, and shall preside over meetings of the expert committees. <Amended on May 26, 2020> |
| (4) | The members shall be appointed or commissioned by the Chairperson on the recommendation of the head of the central records management institution, from among specialists in each field and the public officials of the agencies concerned. |
| (5) | A meeting shall be called in cases where the Chairperson or the chairperson of an expert committee deems it necessary, and a majority of the members shall constitute a quorum and any decision thereof shall require the concurring vote of at least a majority of those present. <Amended on May 26, 2020> |
| (6) | The chairperson of an expert committee shall report the results of a meeting held to the Committee. <Amended on May 26, 2020> |
| Article 14 (Organization and operation of special committee) |
| (1) | Where deliberation is required on any matter related to the jurisdiction of several expert committees or on any special case, a special committee may be organized and operated upon resolution of the Committee under Article 15 (8) of the Act. <Amended on May 4, 2010; Sep. 19, 2017; Jan. 5, 2021> |
| (2) | The period of operation of special committees under paragraph (1) and the extension of the period thereof shall be determined by the resolution of the Committee. |
| (3) | Each special committee shall consist of not more than nine members, including the chairperson of a special committee (hereinafter referred to as "chairperson of a special committee"), and they shall be appointed by the Chairperson, from among the members of the Committee and the members of the expert committees. <Amended on May 26, 2020> |
| (4) | The chairperson of a special committee shall be appointed by the Chairperson from among members of the special committee and shall preside over meetings of the special committee. <Added on May 26, 2020> |
| (5) | Each special committee shall submit an outcome report to the Committee before its working period is terminated. <Amended on May 26, 2020> |
| Article 15 (Assistance for operation of committee) |
In order to efficiently operate the Committee, expert committees, and special committees (hereafter referred to as "committee, etc." in this Article), the head of the central records management institution shall assist with the following matters:
| 1. | Matters concerning budget, human resources, and administrative affairs necessary for the operation of the committee, etc.; |
| 2. | Matters concerning the preparation of meetings of the committee, etc. and agenda items thereof; |
| 3. | Matters concerning investigation and research related with the functions of the committee, etc.; |
| 4. | Other matters requested by the chairperson in connection with assistance for the duties of the committee, etc. |
CHAPTER IV CREATION OF RECORDS
| Article 16 (Matters subject to be archived and records management) |
Public institutions shall keep records of the details of correction and history information, matters reported in the process of performing its duties, matters examined, etc. which are created in the process of granting approval, including the recorded materials officially approved or received, and manage them by keeping them as records.
| Article 17 (Production of investigation and research records or examination records) |
| (1) | Where a public institution shall, while promoting any of the following under Article 17 (1) of the Act, produce and manage the details and results of investigations, research, or examination in the form of records: <Amended on Aug. 29, 2016; May 26, 2020> |
| 1. | Matters concerning the enactment or amendment of statutes or regulations; |
| 2. | Enactment or amendment of municipal ordinances, or decisions or changes of an important policy corresponding thereto; |
| 4. | Major treaties, agreements, conventions, protocols, etc. to be concluded with international organizations or foreign governments; |
| 6. | Other matters that the head of a records management institution deems necessary to produce the details and results of an investigation, research, or examination report in the form of records. |
| (2) | The records produced and managed under paragraph (1) shall include the following: <Amended on May 26, 2020> |
| 1. | Background of investigation and research, or of examinations; |
| 2. | Posts, classes, and names of the relevant persons, including the proponent; |
| 3. | Instructions, guidelines, or opinions of the head of the institution or relevant institutions; |
| 4. | Relevant situation and details of examination; |
| 5. | Various alternatives and opinions on measures; |
| 6. | Anticipated effect or analysis of results, etc. |
[Title Amended on May 26, 2020]
| Article 18 (Preparation and management of meeting minutes) |
| (1) | Where a public institution holds any of the following meetings under Article 17 (2) of the Act, it shall record meeting minutes: <Amended on Mar. 31, 2020> |
| 1. | A meeting in which the President attends; |
| 2. | A meeting in which the Prime Minister attends; |
| 3. | A meeting administered by important persons holding the position of Vice Minister or higher as constituents for the purpose of deliberation on important policies or coordination of opinions; |
| 4. | A meeting in which important persons holding the position of Vice Minister or higher attend to consult duties with political parties; |
| 5. | A meeting administered by a commission or deliberative council, etc. which is organized under an individual Act or special Act; |
| 7. | A meeting in which the heads of the institutions prescribed in subparagraphs 1 through 4 of Article 3 and the heads of the schools established under the Higher Education Act among schools prescribed in subparagraph 5 of that Article attend; |
| 8. | A meeting in which at least three public officials holding the position of director general or higher in the relevant institutions attend for the purpose of deliberation on or coordination of opinions on the matter falling under any subparagraph of Article 17 (1); |
| 9. | Other important meetings for which preparation of meeting minutes are deemed necessary. |
| (2) | The minutes under paragraph (1) shall include the title of the meeting, the organizing institution, the date, time and venue, the list of attendees and observers, the order of proceedings, the agenda items presented, summaries of statements, resolutions adopted, and details of any votes; and the minutes shall be produced or registered and managed through the electronic records creation system. In such cases, for a meeting falling under paragraph (1) 1 through 3, 5, or 6 and designated by the head of the permanent records management institution (hereinafter referred to as “designated meeting”), either a verbatim record or an audio recording shall be produced in addition to the minutes, and where an audio recording is produced, a transcript shall also be prepared. <Amended on Nov. 4, 2014; May 20, 2025> |
| (3) | A public institution that has produced a verbatim record or audio recording (including transcripts) under paragraph (2) may withhold disclosure of all or part of such records for a period not exceeding 10 years from the cutoff date under Article 17 (2) of the Act; provided, where the case falls under subparagraph 1 of paragraph (1), disclosure may be withheld for a period not exceeding 15 years from the cutoff date. |
| (4) | Minutes (including verbatim records or audio recordings in the case of meetings under the latter part of paragraph (2)) shall be prepared by the public institution that convenes or presides over the meeting, and where the presiding institution is unclear or the meeting is not convened by a public institution, the public institution most closely related to the agenda among the participants of the meeting shall be designated to prepare the minutes. |
| (5) | The head of a permanent records management institution may revoke the designation of a designated meeting in any of the following cases: <Added on May 20, 2025> |
| 1. | Where a designated meeting is abolished; |
| 2. | Where the designated meeting no longer falls under paragraph (1) 1 through 3, 5 or 6; |
| 3. | Where it is deemed that it is no longer necessary to produce a verbatim record or an audio recording. |
| (6) | Where the head of a permanent records management institution designates a meeting under paragraph (2) or revokes the designation of a designated meeting under paragraph (5), the head shall publicly announce the name of the meeting, the competent department, the reason for designation or revocation, and other relevant information through the Official Gazette (or the Public Gazette in the case of a local records management institution) or an information and communications network, including a website. <Added on May 20, 2025> |
| Article 19 (Creation of audio-visual records) |
| (1) | Pursuant to Article 17 (3) of the Act, each public institution shall create audio-visual records of any of the following matters. In such cases, the audio-visual records shall be registered and created by electronic records creation system in principle, and they shall be created in a way that major situations before, during, and after the creation can be understood systematically: <Amended on May 4, 2010; Aug. 29, 2016; Mar. 31, 2020> |
| 1. | Activities related to the duties of persons in a major position, such as the President, Prime Minister, heads of central administrative agencies, heads of local governments, superintendents of the office of education, heads of district office of education, heads of the institutions prescribed in subparagraphs 1 through 4 of Article 3, and the heads of the schools established under the Higher Education Act and the like, and their portraits; |
| 2. | Major movements of the heads or prime ministers of foreign countries, or other important foreign figures related with the Republic of Korea; |
| 3. | Major events of the State and local governments; |
| 4. | Major activities related with the promotion of treaties, agreements, conventions, protocols, exchanges, etc. with international organizations or foreign countries; |
| 6. | Original features that are difficult to recover due to the execution of large-scale civil construction or building works, etc.; |
| 7. | Matters in need of preserving the image as audio-visual records, such as buildings or various structures having high historical value, which are to disappear due to removal or remodeling, etc.; |
| 8. | Major events or accidents, which are matters of interest to many people and the head of a public institution deems necessary to prepare and preserve the audio-visual records thereof; |
| 9. | Matters in need of preserving the scene or image as audio-visual records because they have high probative value; |
| 10. | Materials that have high historical value as they have appeared for the first time in Korea; |
| 11. | Other matters deemed necessary to create audio-visual records. |
| (2) | The head of each public institution shall create audio-visual records of any of the following matters. In such cases, a separate written explanation that includes the outline of the shooting, details of the shooting by the hour, etc. shall be prepared: <Added on May 4, 2010; Aug. 22, 2011> |
| 1. | Inaugural ceremony of the President, from among the activities falling under paragraph (1) 1; |
| 2. | Funeral ceremonies under the State Funeral Act and international events or international sporting events which are deemed necessary to be promoted on a national level and prescribed by a special Act, from among the events falling under paragraph (1) 3; |
| 3. | International conferences in which many heads of foreign countries or chiefs of executive participate, from among the activities falling under paragraph (1) 4; |
| 4. | Large-scale projects or construction works the creation of audio-visual records of which is determined by consultation between the head of a public institution and the head of the central records management institution, among those falling under paragraph (1) 5; |
| 5. | Other matters for which creation of audio-visual records is deemed necessary. |
| Article 20 (Registration of records) |
| (1) | When a public institution creates or receives any records, it shall assign them with a registration number of creation or receipt through the electronic records creation system of the institution and mark it on the records, and shall electronically create and manage the registration information determined by the head of the central records management institution; provided, if it is impossible to assign a registration number due to the characteristics of the records, from among the administrative information created through duty management system provided for in subparagraph 11 of Article 3 of the Regulations on the Operation and Innovation of Administrative Affairs, the records may be assigned with a unique identification number by using relevant duty management system substituting the registration number. <Amended on Dec. 21, 2011; Apr. 26, 2016; Mar. 31, 2020; Jun. 27, 2023> |
| (2) | The public institution shall manage the registration information referred to in paragraph (1) in a manner that it may not be revised or deleted freely. |
| (3) | The registration number referred to in paragraph (1) shall consist of system classification, institution code of the processing division, and serial registration number by year; provided, the method of marking and composition of registration number of the records created and received by a public institution falling under any subparagraph of Article 3 shall be determined by the head of such public institution. |
| (4) | Where it is necessary to manage an attachment separately from the body, in such cases as the body and attachment are considerably different in size or composed of recording media different from each other, etc., the attachment shall be separately registered. In such cases, the registration number of the attachment shall be made up by adding a serial number of attachment to the registration number of creation or registration number of receipt of the body. |
| Article 21 (Registration and management of important records other than official documents) |
| (1) | Where it falls under any of the following subparagraphs, a public institution shall register and manage the records under Article 18 of the Act: |
| 1. | Memorandums, schedules, lists of visitors, and transcripts of dialogues related to the duties of persons holding an important position, such as the President, the Prime Minister, the heads of central administrative agencies, the heads of local governments, the superintendents of offices of education, the heads of district offices of education, etc.; |
| 2. | Where a document related to any of the subparagraphs of Article 17 (1) is rejected during the approval or review process, or rewritten to revise important content, the rejected document or the original version before the revision; |
| 3. | Other records determined by the head of a permanent records management institution. |
| (2) | The registration of records under paragraph (1) shall be made by registering with the electronic records creation system by the public institution that created the records, and the records collected directly by the record repository may be registered with the records management system. |
| Article 22 (Classification of records) |
Pursuant to Article 18 of the Act, a public institution shall classify and manage records by processing division and unit task in accordance with the records retention schedule under Article 25.
| Article 23 (Filing and management) |
| (1) | Pursuant to Article 18 of the Act, public institutions shall make one or more records files within a unit task in order to reflect the process of duty performance and bind such records files, and the head of the processing division shall determine the guidelines for preparing records files by unit task so that the records files are bound and managed systematically. |
| (2) | Where a public institution prepares a records file under paragraph (1), it shall assign a classification number of such records file through an electronic records management system and mark it on the records file, and shall create and manage the registration information determined by the head of the central records management institution; provided, where a records file is divided into at least two volumes, the number of volumes shall be inserted in parentheses next to the identification number of the records file which is part of the classification number of the records file. |
| (3) | The classification number of a records file shall consist of system classification, institution code of processing division, identification number of the unit task, and identification number of the records file. |
| (4) | A public institution shall safely manage records not produced in electronic form by placing them in preservation files and containers suitable for classification standards and management by type of records, in accordance with the method prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 24 (Arrangement of records) |
| (1) | Pursuant to Article 18 of the Act, a public institution shall reclassify disclosure status and access rights, finalize classification and filing, and perform other related tasks for records whose production or receipt was completed in the preceding year by the end of February each year, as prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; May 20, 2025> |
| (2) | The result of arrangement of records under paragraph (1) shall be reflected in the registration information of records and records files provided for in Articles 20 (1) and 23 (2). |
CHAPTER V MANAGEMENT OF RECORDS
SECTION 1 Standards for Management of Records
| Article 25 (Records retention schedule) |
| (1) | Pursuant to Article 19 (1) of the Act, a public institution shall prepare and operate a records retention schedule based on its work processes, and the management items of the records retention schedule shall include management criteria such as a description of the work, the retention period and the reason for setting the retention period, whether the record falls under records for office use, the storage location, the method of preservation, disclosure status, and access rights. In such cases, the records retention schedule shall be created and managed through the records management system referred to in subparagraph 8 of Article 2. <Amended on Nov. 4, 2014; Mar. 3, 2015> |
| (2) | The records retention schedule under paragraph (1) shall, in principle, be prepared by unit task in accordance with the government function classification system determined by the Minister of the Interior and Safety, but matters such as disclosure status and access rights may be determined differently by each public institution; provided, where the head of a public institution is unable to apply the government function classification system, a different classification method may be used through consultation with the head of the competent permanent records management institution. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | The retention period by unit task shall be determined by public institutions in accordance with the rules of preservation determined by the head of the central records management institution, but it shall be confirmed following consultation with the head of the competent permanent records management institution in accordance with the procedures prescribed by Decree of the Ministry of the Interior and Safety; provided, in the case of a public institution falling under any subparagraph of Article 3, it shall be determined by the head of such public institution, except for the institutions prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Feb. 29, 2008; May 4, 2010; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (4) | Where the head of a permanent records management institution requests to change a retention period by unit task as he or she deems it especially necessary to fix a different retention period in the process of consultation referred to in paragraph (3), the head of the relevant public institution shall reflect such request and correct the relevant matter in the records retention schedule. <Amended on May 4, 2010> |
| (5) | A public institution shall publicly notify the names of the unit tasks that have been newly implemented in the previous year, or the retention periods of which have been changed, explanation of duties of each unit task, retention period of each unit task, etc. in the Official Gazette (or the Public Gazette in the case of a local government) or through the information and communications network, including the website of the relevant institution right after the end of the arrangement period of records each year; provided, the Director of the National Intelligence Service may determine a separate scope of public notice following consultation with the head of the central records management institution. |
| (6) | Notwithstanding paragraphs (1) through (5), the head of a public institution shall create a table of management standards for administrative information dataset as determined by the head of the competent permanent records management institution. In such cases, such table of management standards for administrative information dataset shall include information about management institutions, statutes or regulations, systems, data, duties, and records management. <Added on Mar. 31, 2020> |
[Title Amended on Mar. 31, 2020]
| Article 26 (retention period) |
| (1) | The retention period of records shall be classified into permanent, semi-permanent, 30 years, 10 years, 5 years, 3 years, and 1 year, and the standards for fixing a retention period shall be as shown in Appendix 1; provided, records concerning criminal investigations, trials, intelligence, and security, the head of the competent central administrative agency may determine a different classification of retention period and the standards for fixing a retention period following consultation with the head of the central records management institution. <Amended on May 4, 2010; Mar. 29, 2022> |
| (2) | The retention period of records shall be fixed by unit task; provided, the head of a permanent records management institution may personally determine the retention period of any unit task the retention period of which is deemed necessary to be fixed especially differently. <Amended on May 4, 2010> |
| (3) | The cutoff date shall be January 1 of the year following the year in which the date of completing the processing of records by unit task falls; provided, in the case of unit tasks which are to be processed over several years, the retention period shall be counted from January 1 of the year following the year in which the date of concluding the relevant task falls. <Amended on May 4, 2010> |
| Article 27 (Management by classification as to disclosure) |
The records shall be classified by case according to whether or not to disclose them, and shall be managed using the registration information of records provided for in Article 20 (1).
| Article 28 (Management of authority of access) |
| (1) | Pursuant to Article 19 (1) of the Act, public institutions shall establish and implement measures necessary for management by classifying the level of access to guarantee the integrity of the records created, received, and preserved and to systematically manage confidential records. |
| (2) | The level of authority of access shall be set up by classifying the authority of access into the contents of records and the information on the list on the basis of records and people who access them. |
| (3) | The head of a public institution or a records management institution shall manage the matters regarding access and attempt to access records having been created and preserved by the electronic records creation system, records management system, and permanent records management system, information on history, etc. In such cases, management information, such as access history and processing status, etc., shall be created automatically on the relevant system and shall not be freely corrected or deleted. |
| Article 29 (Methods of preservation) |
| (1) | Records which have been created in non-electronic forms and are being preserved by a records management institution shall be preserved according to any of the following methods, and the classification standards by preservation method of records shall be as shown in Appendix 2: <Amended on Mar. 3, 2015> |
| 1. | Method of preserving the original and preservation medium together; |
| 2. | Method of preserving the original as it is; |
| 3. | Method for disposing of originals while retaining only the preservation media. |
| (2) | Where records are to be preserved using the method referred to in Article 1 (3), they shall be stored on a preservation medium falling under any of the following subparagraphs: <Amended on May 20, 2025> |
| 1. | Electronic media (referring to storage devices that are operated by or connected to information systems related to records management or devices with information processing capabilities; hereinafter the same shall apply); |
| (3) | In the case of electronic records which have high archival value, the head of a records management institution shall store and manage them in a preservation medium, such as microfilm, etc., which can be easily recognized with the naked eye. <Amended on Jan. 5, 2021> |
| (4) | The types and specifications of preservation media under paragraph (2), and the standards and procedures for recording electronic media, shall be prescribed by Decree of the Ministry of the Interior and Safety. <Added on May 20, 2025> |
| Article 30 (Places of preservation) |
| (1) | Records with a retention period of less than 30 years shall be preserved in the competent record repository or special record repository until the expiration of the retention period. <Amended on May 20, 2025> |
| (2) | Records with a retention period of at least 30 years shall be transferred to the competent permanent records management institution for preservation; provided, any of the following records may be preserved in a record repository or special record repository: <Amended on Nov. 4, 2014> |
| 1. | Records designated by the head of a permanent records management institution as not having high historical value; |
| 2. | Records of a public institution falling under any subparagraph of Article 3; provided, the records which are designated by the head of the competent permanent records management institution as deemed necessary to collect and preserve due to significant national archival value shall be excluded therefrom. |
| (3) | Where records preserved by a public institution fall under paragraph (2) 1 and the record repository or special record repository of such institution intends to continue managing them, it shall consult with the competent permanent records management institution. |
| Article 31 (Designation of records for office use) |
| (1) | Where the head of a public institution intends to keep and utilize records under his or her jurisdiction as records for office use, the head shall submit an application for the designation of such records as records for office use to the head of the competent permanent records management institution, stating the necessity for designation based on the utility of the relevant records. <Amended on May 20, 2025> |
| (2) | Where the head of a permanent records management institution receives an application under paragraph (1) and deems the designation necessary, the head may designate the records as records for office use by specifying the period of office use within a maximum of 5 years. <Added on May 20, 2025> |
| (3) | Where the head of a public institution intends to extend the period of office use for records designated under paragraph (2), the head shall, at least 60 days before the expiration of the period, submit an application for extension to the head of the competent permanent records management institution, along with documents showing the record of utilization of the relevant records. <Added on May 20, 2025> |
| (4) | Where the head of a permanent records management institution receives an application for extension under paragraph (3) and deems the extension necessary, the head may extend the period of office use within the scope of the immediately preceding period of office use. <Added on May 20, 2025> |
| (5) | Where the head of a permanent records management institution designates records for office use under paragraph (2) or extends the period of office use under paragraph (4), the head shall post the fact of such designation or extension on an information and communications network, such as a website, within 10 days from the date of designation or extension. <Added on May 20, 2025> |
| (6) | If the head of a processing division holds records for office use, the records shall be transferred to a record repository or special record repository in the following year after the expiration of the period of office use. <Amended on May 20, 2025> |
| (7) | The head of a record repository or special record repository shall transfer to the competent permanent records management institution the records for which 10 years have passed since the cutoff date and the retention period is at least 30 years, among the records received under paragraph (6), within the year following the year in which they are received. <Amended on May 20, 2025> |
| (8) | Notwithstanding paragraph (7), records of public institutions falling under any of the subparagraphs of Article 3 shall be retained by the respective public institutions; provided, records designated by the competent permanent records management institution as having significant national archival value and requiring collection and preservation shall be transferred to the competent permanent records management institution. <Amended on May 20, 2025> |
[Title Amended on May 20, 2025]
| Article 31-2 (Electronic records that may be transferred by a method involving only the transfer of management authority) |
"Records prescribed by Presidential Decree" in Article 19 (4) of the Act means the following records: <Amended on May 20, 2025> | 1. | Electronic records stored in a storage space shared between the electronic records creation system, records management system, and permanent records management system; |
| 2. | Administrative information dataset. |
[This Article Added on Jul. 5, 2022]
SECTION 2 Records Management by Processing Division
| Article 32 (Transfer of records) |
| (1) | Pursuant to Article 19 (2) of the Act, a public institution shall, on a yearly basis, transfer records produced or received in the preceding year from the processing division to the competent record repository or special record repository; provided, for records other than electronic records, the processing division may retain them for up to 2 years from the cutoff date and transfer them by file of records. <Amended on May 20, 2025> |
| (2) | Notwithstanding paragraph (1), a public institution falling under any subparagraph of Article 3 shall transfer the records to a department designated by the head of the relevant public institution except for the public institutions which shall establish a record repository under Article 10 (1) 10 and 11. |
| (3) | Notwithstanding paragraphs (1) and (2), where no record repository or special record repository has been established or where it is necessary to frequently refer to the records during the performance of duties, the timing of the transfer may be delayed by the unit of records file within the range of 10 years from the cutoff date. |
| (4) | Where a public institution transfers electronic records, it shall examine the records subject to transfer so that their authenticity, integrity, etc. can be ensured, and shall transfer the records free from errors together with an administrative electronic signature to the relevant public institution after undergoing the process of verifying the authenticity of those records. In such cases, the electronic medium, format, method, and data specification shall be determined by the head of the central records management institution. <Amended on Nov. 4, 2014; Mar. 3, 2015; Mar. 31, 2020; Jul. 5, 2022> |
| (5) | Where a public institution transfers non-electronic records, it shall submit them in a preservation box after sorting the records file subject to transfer by unit task as prescribed by Decree of the Ministry of the Interior and Safety, together with a transfer list. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 33 (Notification of records creation status by processing division) |
Pursuant to Article 19 (7) of the Act, public institutions shall notify the head of the competent record repository or special record repository of the status of records creation of the previous year by May 31 of each year. In such cases, the notification of the status of records creation shall be made by submitting registration information about records and records files provided in Articles 20 (1) and 23 (2) through electronic records creation system by such means as determined by the head of the competent permanent records management institution. <Amended on May 4, 2010; Mar. 31, 2020; Jul. 5, 2022>
| Article 34 (Management of registration information by electronic records creation system) |
The electronic records creation system shall provide the functions to search and utilize information on the registration and classification of records and records files, and shall be equipped with the functions to generate and transmit transmission file information on the lists and electronic records files in a way determined by the head of the central records management institution when reporting the status of transfer and creation of records under Articles 32 and 33.
| Article 34-2 (Consultation in advance for establishment and improvement of electronic records creation system) |
| (1) | The head of a central administrative agency (including agencies affiliated to the President and agencies affiliated to the Prime Minister; hereinafter the same shall apply) or an agency affiliated thereto, or a local government (hereafter referred to as "administrative agencies" in this Article) shall consult with the head of the central records management institution in advance when he or she intends to establish an electronic records creation system or improve the records management capability of an electronic records creation system. |
| (2) | The head of the central records management institution shall examine the details of records management under each subparagraph of Article 20 (1) of the Act concerning the establishment or improvement of function of the electronic records creation system for which the head of an administrative agency has requested consultation under paragraph (1), and shall notify the head of the administrative agency of the examination result. In such cases, the head of the administrative agency shall reflect the examination result notified by the head of central records management institution. |
| (3) | The head of the central records management institution shall inspect the records management capability, etc. of an electronic records creation system operated by an administrative agency, and when deemed necessary to supplement the electronic records creation system, he or she may request correction thereof to the head of the administrative agency. In such cases, the head of the administrative agency, upon receipt of such request, shall comply therewith unless there is a compelling reason not to do so. |
[This Article Added on Nov. 4, 2014]
| Article 34-3 (Management of administrative information dataset) |
| (1) | The head of a public institution shall manage administrative information dataset with a system as a basic unit. |
| (2) | Matters necessary for managing administrative information dataset such as selection of administrative information dataset subject to management and methods of preservation shall be determined in consultation with the head of the competent permanent records management institution. |
[This Article Added on Mar. 31, 2020]
SECTION 3 Records Management by Record Repositories and Special Record Repositories
| Article 35 (Receipt of records of processing division) |
| (1) | The record repository or special record repository shall receive records subject to transfer from the relevant public institution and the institution to which they belong, and shall manage them. |
| (2) | Where a record repository or special record repository receives electronic records, procedures to verify the authenticity of the electronic records, such as verification of electronic administrative signatures, shall be undertaken, and quality inspections shall be conducted for metadata errors, electronic file errors, and the like; provided, such procedures for verifying authenticity and quality inspections may be omitted for electronic records falling under subparagraph 1 of Article 31-2. <Amended on May 20, 2025> |
| (3) | Where a record repository or special record repository receives records created in a non-electronic form, it shall go through the process of examining the identicalness between the original and the list, checking of physical condition, etc. |
| (4) | Where the head of a record repository or special record repository discovers any deficiencies or errors during the procedures for verifying authenticity, quality inspection, or acceptance inspection of records under paragraph (2) or (3), the head shall immediately notify the processing division that requested the transfer, and the relevant processing division shall re-transfer the records after correcting or supplementing the deficiencies or errors. <Amended on May 20, 2025> |
| (5) | Upon completion of the receiving procedures, the head of a record repository or of a special record repository shall notify the result thereof to the relevant processing division, and the processing division shall preserve the electronic records that have been transferred until it is notified of the result of completion of receipt. |
| (6) | Upon receiving a notice of the result of completion of receipt under paragraph (5), the head of a processing division shall delete or destroy the relevant electronic records (excluding electronic records transferred by means of transferring nothing but management authority under Article 19 (4) of the Act) and shall not restore the deleted records. <Amended on Jul. 5, 2022> |
| (7) | Notwithstanding paragraph (6), where it is necessary to refer to electronic records for business purposes, the head of the processing division may use such records without deleting or destroying them after taking measures to identify them as copies. <Added on Jul. 5, 2022> |
| (8) | Notwithstanding paragraphs (1) through (7), a public institution falling under any subparagraph of Article 3 may determine and implement separate procedures for receipt and examination of records. <Amended on May 4, 2010; Jul. 5, 2022> |
| Article 36 (Preservation of electronic records by record repositories and special record repositories) |
| (1) | Where necessary, the head of a record repository or special record repository may convert electronic records with a retention period of at least 10 years, out of those whose receipt is completed, into preservation formats, as determined by the head of the central records management institution. <Amended on Aug. 29, 2016; Jul. 5, 2022> |
| (2) | Where any electronic record with a retention period of at least 30 years falls under any of the following cases and is preserved for at least 10 years from the cutoff date, the head of a record repository or special record repository shall manage such record by converting it into a long-term preservation package, as determined by the head of the central records management institution, after completing the process of verifying the authenticity of such record before the lapse of 11 years from such cutoff date: <Amended on Jul. 5, 2022> |
| 1. | Where a special record repository delays the timing of transferring confidential records under its jurisdiction under Article 19 (5) of the Act; |
| 2. | Where the Director of the National Intelligence Service delays the timing of transferring confidential records under his or her jurisdiction or determines such timing otherwise under Article 19 (6) of the Act after consultation with the head of the central records management institution; |
| 3. | Where a record repository or special record repository preserves the relevant electronic records under the proviso, with the exception of the subparagraphs, of Article 30 (2); |
| 4. | Where the transfer of records is postponed with approval of the head of the competent permanent records management institution under the proviso of Article 40 (1). |
| (3) | Deleted. <Jul. 5, 2022> |
| (4) | The types and specification of equipment, device, etc. in which electronic records are to be stored shall be prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (5) | The head of a record repository or special record repository shall store electronic records by a method or in a form which can maintain the authenticity, availability, etc., and shall formulate and implement a plan for protecting the electronic records from unauthorized access, disposal, etc. |
| (6) | The head of a record repository or special record repository shall prepare a backup function and restoration function in order to prevent the loss of electronic records. |
| (7) | Notwithstanding paragraphs (1) through (6), a public institution falling under any subparagraph of Article 3 may determine a separate method of preserving electronic records. In such cases, the head of the relevant public institution shall take measures to ensure the authenticity and availability of electronic records. |
| Article 36-2 (Management of technical information on electronic records) |
| (1) | Pursuant to Article 20-2 (1) of the Act, the head of a public institution shall manage such technical information as the production format extension and software names of electronic records as technical information on electronic records under Article 20 (1) 6 of the Act as determined by the head of the central records management institution. |
| (2) | The head of the central records management institution shall determine the timing and methods of submitting the technical information on electronic records being managed under paragraph (1) to the central records management institution in consultation with the head of a public institution. |
[This Article Added on May 26, 2020]
| Article 37 (Electronic management of records created in non-electronic forms among records preserved by record repositories and special record repositories) |
The head of a record repository or special record repository may establish and implement a digitization plan for the electronic management of records created in a non-electronic form and the expansion of records information service.
| Article 38 (Management of libraries in record repositories and special record repositories) |
| (1) | In order to preserve and manage records safely under Article 30 of the Act, the head of a record repository or special record repository shall take necessary measures, such as maintenance of the preservation environment, establishment and implementation of security measures and plans against disasters, etc. |
| (2) | Records shall be placed in a library after sorting according to the forms of records, processing division, etc., and the detailed method of arrangement shall be determined by the head of the relevant record repository or special record repository. |
| (3) | As for records being preserved, the head of a record repository or special record repository shall conduct inventory checks and condition assessments in accordance with the frequency prescribed by Decree of the Ministry of the Interior and Safety. In such cases, the standards for condition assessment of records shall be as specified in Appendix 3. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Mar. 31, 2020> |
| Article 39 (Storage of records in preservation media by record repositories and special record repositories) |
| (1) | Where the head of a record repository or special record repository intends to store records being preserved (excluding the cases where the records, the preservation place of which is a permanent records management institution, are preserved in a record repository or a special record repository before they are transferred to a permanent records management institution, as prescribed in the main clause of Article 30 (2)) in a preservation medium, he or she shall follow the methods prescribed in Article 29 (excluding paragraph (1) 2 of that Article). <Amended on Mar. 3, 2015> |
| (2) | The types and specification of preservation media in which records are stored under paragraph (1) shall be prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Where a record repository or special record repository manages records by storing them in a preservation medium, it shall issue a management number to each preservation medium according to the method determined by the head of the permanent records management institution. |
| Article 40 (Transfer of records under control of record repositories and special record repositories) |
| (1) | Pursuant to Article 19 of the Act, the head of a record repository or special record repository shall transfer records with a retention period of at least 30 years to the competent permanent records management institution in accordance with the schedule presented by permanent records management institution in the year following the year in which 10 years pass from the cutoff date; provided, when intending to extend the time frame for transfer for a specified period due to any extenuating circumstance, he or she shall obtain approval from the head of the competent permanent records management institution by not later than one month before the date set for the transfer. <Amended on Aug. 29, 2016> |
| (2) | Notwithstanding paragraph (1), the records of a public institution falling under any subparagraph of Article 3 shall be preserved by the relevant public institution; provided, records that have been designated by a permanent records management institution as having significant national archival value shall be transferred to the competent permanent records management institution. |
| (3) | Where the head of a record repository or special record repository intends to transfer electronic records under paragraph (1), the head shall inspect the records to be transferred to ensure the authenticity, integrity, reliability, and usability of the records in accordance with the transfer format, method, and data specifications prescribed by the head of the central records management agency; and shall transfer only those electronic records without errors through procedures for verifying their authenticity, including administrative electronic signatures; provided, electronic records under Article 31-2 (1) 1 may be transferred without undergoing such inspection and authenticity verification procedures. <Amended on Nov. 4, 2014; Mar. 31, 2020; May 20, 2025> |
| (4) | Where the head of a record repository or special record repository intends to transfer non-electronic records under paragraph (1), he or she shall put them into a preservation box and submit it together with a transfer list as prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 41 (Delay of timing of transferring confidential records under control of special record repository) |
| (1) | Where the head of a special record repository intends to delay the timing of transferring confidential records under his or her jurisdiction under Article 19 (5) and (6) of the Act, he or she shall notify the head of the central records management institution of the duration of such delay, the reasons therefor, etc. <Amended on Jul. 5, 2022> |
| (2) | Where the confidential records being preserved by a special record repository under Article 19 (5) and (6) of the Act are reclassified as records subject to disclosure under Article 35 (2) of the Act, the head of the special record repository shall notify the head of the central records management institution of the relevant list within three months from the date on which they are reclassified as records subject to disclosure, and the relevant records shall be transferred on the day designated by the head of the central records management institution. <Amended on Jul. 5, 2022> |
| (3) | Where the head of a special record repository intends to delay the timing of transfer after the lapse of 30 years from the cutoff date under Article 19 (5) of the Act, he or she shall request the head of the central records management institution for the delay thereof, stating the relevant records, the delayed timing, and the detailed reason for the delay together with documents justifying such reason no later than six months before the year in which the transfer is scheduled. <Amended on Mar. 31, 2020; Jul. 5, 2022> |
| (4) | Where the Director of the National Intelligence Service intends to otherwise determine the timing of transferring records related to intelligence duty under Article 19 (6) of the Act, he or she shall consult with the head of the central records management institution about the relevant records, reason, transfer time, etc. <Amended on Jul. 5, 2022> |
| Article 42 (Notification of records creation) |
| (1) | Pursuant to Article 19 (7) of the Act, the head of a record repository or special record repository shall notify the head of the competent permanent records management institution of the records created during the previous year by not later than August 31 each year; provided, a public institution falling under any subparagraph of Article 3, except for the agencies prescribed by Decree of the Ministry of the Interior and Safety, shall not notify such records creation to the competent permanent records management institution but shall manage it directly. <Amended on Feb. 29, 2008; May 4, 2010; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Jul. 5, 2022> |
| (2) | Records creation under paragraph (1) shall be notified by submitting the registration information about records and records files referred to in Articles 20 (1) and 23 (2) through the records management system, as prescribed by the head of the competent permanent records management institution; provided, where any confidential information in the fields of security and intelligence is likely to be leaked, some of registration information thereof may be omitted before submission after consultation with the head of the competent permanent records management institution. <Amended on May 4, 2010; Mar. 31, 2020; Jul. 5, 2022> |
| (3) | Notwithstanding paragraph (2), where it is impracticable to notify records creation through the records management system, a different method of notification may be chosen after consultation with the head of the competent permanent records management institution. <Added on May 4, 2010; Aug. 29, 2016> |
| Article 43 (Evaluation and disposal of records under control of record repository and special record repository) |
| (1) | The head of a record repository or special record repository shall, under Article 27 (1) of the Act, process records whose retention period has expired by classifying them as subject to re-designation of the retention period, disposal, or deferment, following consultation with the producing department, review by a records management specialist under Article 41 (1) of the Act (referring to a records management specialist affiliated with the relevant record repository or special record repository), and deliberation by the Records Evaluation Council under paragraph (5). <Amended on May 4, 2010; Sep. 19, 2017> |
| (2) | Where the retention period of the records prescribed in any of the subparagraphs of Article 30 (2) has elapsed, the head of a record repository or of a special record repository shall, evaluate the archival value of the relevant records after inquiring into the opinions and conducting the examination and deliberation under paragraph (1), and in consultation with the head of the competent permanent records management institution and classify them into those whose retention period is subject to redetermination or postponement or those subject to disposal; provided, as for the semi-permanent records, an evaluation shall be conducted after 70 years (or 50 years in cases of the homogeneous and multiple records having low archival value) have elapsed from the date their retention period commences. <Added on Aug. 29, 2016; Mar. 31, 2020> |
| (3) | Where the head of a record repository or special record repository intends to dispose of original records and retain only the preservation media under Article 29 (1) 3, the head may dispose of the original records after consultation with the producing department, review by a records management specialist, and deliberation by the Records Evaluation Council under paragraph (1); provided, in the case of records with a retention period of 30 years or more, the original records may be disposed of after 3 years have passed since the records were stored in preservation media, and after consultation with the producing department, review by a records management specialist, deliberation by the Records Evaluation Council under paragraph (1), and deliberation by the National Archives Management Committee. <Amended on Mar. 3, 2015; Aug. 29, 2016> |
| (4) | The head of a permanent records management institution may, in consultation with the head of the record repository or special record repository, select and preserve original records that are subject to disposal under paragraph (3), if they are deemed to have archival value. <Added on May 4, 2010; Aug. 29, 2016> |
| (5) | The head of a public institution shall organize and operate a Records Evaluation Council to evaluate and dispose of records being preserved by a record repository under the jurisdiction of the public institution or a special record repository; and the Records Evaluation Council shall consist of not more than five private-sector specialist members and affiliated employees who are deemed qualified for the evaluation of the archival value of records, including at least two private-sector specialist members; provided, in cases of a public institution that creates records on unification, diplomacy, security, criminal investigations, intelligence, etc., at least one private-sector specialist member may be included therein. <Amended on May 4, 2010; Aug. 29, 2016; Sep. 19, 2017; Mar. 31, 2020> |
SECTION 4 Records Management by Permanent Records Management Institutions
| Article 44 (Receipt of records by record repository and special record repository) |
| (1) | The head of a permanent records management institution shall, each year, establish a records collection plan for the following year that includes the transfer schedule and records subject to transfer for each public institution. <Amended on May 20, 2025> |
| (2) | Where a permanent records management institution receives electronic records, procedures for verifying authenticity, such as verification of electronic administrative signatures, shall be undertaken, and quality inspections shall be conducted for metadata errors, electronic file errors, and the like; provided, such procedures for verifying authenticity and quality inspections may be omitted for electronic records falling under subparagraph 1 of Article 31-2. <Amended on May 20, 2025> |
| (3) | Where the head of a permanent records management institution receives non-electronic records, he or she shall take examination procedures, such as examining whether the original and list correspond to each other, checking physical status, etc. |
| (4) | Where the head of a permanent records management institution discovers deficiencies or errors during the process of verifying authenticity, quality inspection, and examination process under paragraph (2) or (3), he or she shall immediately notify the head of the public institution that has requested such transfer thereof, and the head of the relevant public institution shall retransfer them after correcting and supplementing such deficiencies or errors. |
| (5) | Upon completion of the receiving procedure, the head of a permanent records management institution shall notify the relevant public institution of the result thereof, and the public institution shall preserve the transferred electronic records until it is notified of the result of completion of the receipt. |
| (6) | Upon receiving a notice of the result of completion of receipt under paragraph (5), a public institution shall delete or destroy the relevant electronic records (excluding electronic records transferred by means of transferring noting but management authority under Article 19 (4) of the Act) and shall not restore the deleted records. <Amended on Jul. 5, 2022> |
| Article 45 (Consultation on extension of time frame for transfer of confidential records under control of special record repository and transfer thereof) |
| (1) | Where the head of the central records management institution is requested by a special repository to extend the time frame for transfer or is discussing the time frame for transfer time under Article 41 (3) or (4), he or she shall determine whether to extend it, the transfer time, etc. after deliberation by the Committee. |
| (2) | The head of the central records management institution shall establish a plan for transferring the records which become subject to transfer due to such reasons as the lapse of time for transfer under (1), reclassification as to the disclosure of them under Article 35 (2) of the Act, etc. among the confidential records under the control of a special record repository, and shall notify it to the relevant institution. |
| Article 46 (Preservation and management of electronic records by permanent records management institutions) |
| (1) | The head of a permanent records management institution shall establish and implement necessary measures for the efficient transfer of electronic records created by public institutions and for the safe preservation and management of electronic records being preserved. <Amended on May 4, 2010> |
| (2) | A permanent records management institution shall verify records management metadata, administrative electronic signatures, etc. and shall covert electronic records into long-term preservation packages and manage such records, as determined by the head of the central records management institution, so that their authenticity, integrity, accountability, and availability can be ensured. <Amended on May 4, 2010; Mar. 31, 2020; Jul. 5, 2022> |
| (3) | A permanent records management institution shall store electronic records in a manner or form by which the authenticity, availability, etc. can be maintained, and shall formulate and implement measures to protect them from unauthorized access, disposal, etc. |
| (4) | A permanent records management institution shall establish and implement an electronic recovery system of data, recording media, systems, etc. to prevent any loss of electronic records caused by various disasters, etc. <Amended on May 4, 2010> |
| (5) | The head of the central records management institution shall formulate and implement management measures for verifying administrative electronic signature of electronic records being preserved by records management institutions for a long period of time to ensure a long-term preservation of the electronic records. <Amended on Nov. 4, 2014; Mar. 31, 2020; May 26, 2020> |
[Title Amended on May 4, 2010]
| Article 46-2 (Collection and management of web records by the permanent records management institution) |
| (1) | The head of a permanent records management institution may, in consultation with the head of the relevant public institution, collect web records among the electronic records produced by the public institution. |
| (2) | Where the head of a permanent records management institution intends to collect web records under paragraph (1), the head may request the relevant public institution that manages the web records to provide cooperation, such as disabling technical protection measures. |
The head of a permanent records management institution shall establish and implement measures necessary to systematically manage the web records collected under paragraph (1).
| (4) | Where the web records collected under paragraph (1) are duplicated or cannot be reproduced due to damage or other reasons, the head of a permanent records management institution may, following deliberation by the Records Evaluation Council under Article 54, dispose of such web records. |
[This Article Added on May 20, 2025]
| Article 47 (Electronic management of records created in non-electronic forms among records preserved by permanent records management institutions) |
| (1) | In order to expand records information service, the head of a permanent records management institution shall establish and implement a plan for digitalization of records created in a non-electronic form among the records being preserved. |
| (2) | The head of the central records management institution shall prepare and publicly notify the standards, etc. necessary for the electronic management of records created in a non-electronic form and for the linkage and utilization of digitalized records among records management institutions. |
| Article 48 (Management of libraries of permanent records management institutions) |
| (1) | For the safe preservation and management of records, the head of a permanent records management institutions shall take necessary measures, such as the maintenance of the preservation environment and the establishment and implementation of security measures and plans against disasters. |
| (2) | Records shall be sorted according to the forms of records, institutions that have created records, etc. and shall be arranged in a library according to the classification system determined by the head of a permanent records management institution. In such cases, the detailed method of arrangement shall be determined by the head of a permanent records management institution. <Amended on Mar. 31, 2020> |
| (3) | The head of a permanent records management institution shall conduct inventory checks and condition assessments of records in custody at intervals prescribed by Decree of the Ministry of the Interior and Safety. In such cases, condition assessments may be conducted in order of priority, taking into account factors such as the time of production and retention period of the records, and the standards for condition assessment of records shall be as specified in Appendix 3. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Mar. 31, 2020; May 20, 2025> |
| Article 49 (Storage in preservation media by permanent records management institutions) |
| (1) | Where the head of a permanent records management institution intends to store the records being preserved in a preservation medium, he or she shall follow the methods prescribed in Article 29 (excluding paragraph (1) 2 of that Article). <Amended on Mar. 3, 2015> |
| (2) | The types and specification of preservation media in which records are stored under paragraph (1) shall be prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Where a permanent records management institution manages records by storing them in a preservation medium, it shall issue a management number by preservation medium. In such cases, the form of management number shall be determined by the head of a permanent records management institution. |
| Article 50 (Condition assessment of records preserved by a permanent records management institution) |
| (1) | The head of a permanent records management institution shall conduct condition assessments of records in custody and their preservation media, and shall take necessary measures such as restoration and transfer to preservation media based on the results thereof. |
| (2) | Where the conditions of electronic records are examined, the periodic examination of the usability, probability of damage, etc. of electronic files stored in a storage device, checking of the storage device for defects, etc. shall be conducted. |
| (3) | Where errors are identified through the condition assessment under paragraph (2), they shall be immediately corrected. In such cases, actions taken in relation to the correction of the errors shall be documented, and where the records are re-stored as a long-term preservation package, they shall be managed through procedures for verifying authenticity, including an electronic administrative signature. <Amended on March 31, 2020; July 5, 2022> |
| (4) | The condition assessment of records that are not produced in electronic form shall be conducted in accordance with the standards for condition assessment of records specified in Appendix 3, by inspecting the material and degree of damage of the records, and the records shall be classified into 3 grades. <Amended on May 20, 2025> |
| Article 51 (Restoration of records by permanent records management institutions) |
| (1) | The head of a permanent records management institution shall restore records that are rated as Grade 3 in terms of damage under Article 50 (4) and are deemed to have high archival value. <Amended on May 20, 2025> |
| (2) | Where the head of a permanent records management institution intends to restore records under paragraph (1), the head shall establish a restoration plan that includes the order of priority for restoration, procedures and methods for selecting records subject to restoration, and other relevant matters. <Added on May 20, 2025> |
| (3) | Where the head of a permanent records management institution restores records under paragraph (1), the head shall take measures necessary to minimize alteration of the records. <Amended on May 20, 2025> |
| Article 52 (Duplicated preservation of important records) |
| (1) | Pursuant to Article 21 (2) of the Act, the head of a permanent records management institution shall submit reproductions of preservation media made by such institution during the previous year by August 31 each year. <Amended on May 4, 2010> |
| (2) | The head of a record repository or special record repository shall submit the list of records stored in preservation media made by the relevant repository during the previous year by August 31 each year. <Added on May 4, 2010> |
| (3) | The head of the central records management institution shall sort the records necessary for duplicated preservation from among the lists collected under paragraph (2) and notify the relevant record repository or special record repository of the reproductions of preservation media and the time of delivery by October 31 each year. <Amended on May 4, 2010> |
| Article 53 (Evaluation and disposal of records by permanent records management institutions) |
| (1) | Upon expiration of the retention period of records the retention period of which is not less than 30 years, the head of a permanent records management institution shall evaluate the archival value of the relevant records, and redetermine the retention period or classify them into postponement or disposal. In such cases, the archival value of the records classified as those for postponement shall be re-evaluated every five years. |
| (2) | The head of a permanent records management institution shall, upon the lapse of 70 years from the cutoff date, evaluate the archival value of semi-permanent records and re-designate their retention period as permanent, or classify them for deferment or disposal; provided, in the case of semi-permanent records of low archival value among homogeneous or large-volume records, the archival value may be evaluated after 50 years from the cutoff date. <Amended on May 4, 2010> |
| (3) | The head of a permanent records management institution shall re-evaluate the archival value of the records classified as those for postponement among the records evaluated under paragraph (2) every 10 years from the evaluation date thereof. <Added on May 4, 2010> |
| (4) | The results of records evaluation conducted under paragraphs (1) through (3) shall be confirmed and implemented in consideration of opinions of institutions which have created them and through deliberation by the Records Evaluation Council provided for in Article 54. <Amended on May 4, 2010> |
| (5) | Where any record with a retention period of at least 30 years falls under any of the following subparagraphs, the head of a permanent records management institution may dispose of them through the process provided in paragraph (6): <Amended on May 4, 2010; Nov. 4, 2014> |
| 1. | Where the need for preservation is deemed extinct due to a change, etc. in the retention period of the relevant record according to the records retention schedule; |
| 2. | Where the relevant records are stored in a preservation medium for a backup because the restoration is impossible due to serious physical damage to the records. |
| (6) | Where a record referred to in the subparagraphs of paragraph (5) is to be disposed of, it shall be subject to the consultation with the institution which has created it and the deliberation by the Records Evaluation Council under Article 54 and the Committee. <Amended on May 4, 2010> |
| Article 54 (Records Evaluation Council) |
| (1) | The head of a permanent records management institution shall organize and operate the Records Evaluation Council. |
| (2) | The Records Evaluation Council shall consist of not more than seven members including civil experts, competent public officials, etc., who are qualified for the evaluation of records. In such cases, the number of civilian specialists shall be at least three. |
| (3) | Other detailed matters concerning the composition and operation of the Records Evaluation Council shall be determined by the head of a permanent records management institution. |
| Article 54-2 (Decision prohibiting disposal of records and notification thereof) |
| (1) | "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 of records is urgently required for the protection of the rights and interests of the people" in the main clause of Article 27-3 (1) of the Act shall be any of the following: <Amended on Jul. 14, 2020> |
| 1. | Where a request to prohibit disposal of records is made by the Chairperson of the Board of Audit and Inspection of Korea, the Director-General of the Corruption Investigation Office for High-Ranking Officials, the Prosecutor General, the Commissioner General of the Korean National Police Agency, the head of an inspection committee established under a special Act or the head of a corresponding inspection agency or an investigative agency in cases involving an important issue on a national scale; |
| 2. | Where the prohibition on disposal of records is urgently required for the protection of the public rights and interests such as their lives, bodies, and property; |
| 3. | Where the prohibition on disposal of records is urgently required in relation to the guarantee of national security, national defense, unification, foreign relations, etc.; |
| 4. | Where the head of a permanent records management institution requests prohibition on disposal of records, deeming that those records fall under subparagraph 2 or 3; |
| (2) | Where the head of the central records management institution decides to prohibit disposal for any of the reasons prescribed in any of the subparagraphs of paragraph (1), he or she shall publicly notify the names of institutions prohibited from disposal of records, the scope of records prohibited from disposal, and the reasons for and period of prohibitions, etc. through the information and communications networks such as on its website and shall notify relevant institutions of such details. |
[This Article Added on May 26, 2020]
| Article 54-3 (Lifting of prohibition on disposal of records) |
| (1) | Where the period during which disposal of records is prohibited has expired, the head of the central records management institution shall lift the prohibition on disposal; provided, where it is deemed necessary to extend the prohibition period, such period may be extended. |
| (2) | Where a reason for requesting prohibition on disposal ceases to exist before the period of prohibition on disposal has expired, the head of an institution who requested disposal of records under Article 54-2 (1) 1 and 4 shall ask the head of the central records management institution to life the prohibition. |
| (3) | The head of the central records management institution may, upon receipt of the request under paragraph (2), lift the prohibition on disposal before the period of prohibition expires. |
| (4) | Where there is a need to extend the period of prohibition on disposal, the head of an institution who requested the prohibition on disposal of records under Article 54-2 (1) 1 and 4 may request the head of the central records management institution to extend the period of prohibition on disposal. |
| (5) | The head of the central records management institution upon receipt of the request under paragraph (4) may, where deemed necessary to extend the period of prohibition on disposal, extend such period. |
| (6) | Where the head of the central records management institution decides to lift prohibition on disposal or to extend the period of prohibition on disposal under paragraph (1), (3), or (5) he or she shall publish through the information and communications network such as in the Official Gazette or on its website notice of matters regarding the timing of, reasons for the lifting or matters regarding the period of, and reasons for the extension, and shall notify the relevant institutions of such details. |
[This Article Added on May 26, 2020]
| Article 54-4 (Management of records prohibited from disposal) |
| (1) | The head of an institution notified of prohibition on disposal of records under Article 54-2 (2) shall exclude the records subject to such prohibition from the deliberation by the Records Evaluation Council under Article 27-2 of the Act until being notified of lifting of such prohibition under Article 54-3 (6). |
| (2) | The head of an institution notified of the prohibition on disposal of records under Article 54-2 (2) shall withhold the disposal of records subject to such prohibition, even if their disposal has been decided through deliberation by the Records Evaluation Council under Article 27-2 of the Act, and shall determine whether to dispose of the records after undergoing deliberation by the Records Evaluation Council again, only after being notified that the prohibition on disposal is lifted under Article 54-3 (6). |
| (3) | The head of an institution notified of matters regarding the prohibition on disposal, lifting thereof, or extension thereof under Article 54-2 (2) and Article 54-3 (6) shall maintain and manage information on the timing and reasons for such prohibition, lifting, or extension regarding records subject to the prohibition on disposal. |
[This Article Added on May 26, 2020]
SECTION 5 Management Procedures of Other Tangible Records
| Article 55 (Management of publications) |
| (1) | The registration of publications under Article 22 (1) of the Act may be omitted for any of the following publications: |
| 2. | Publications determined by the head of a permanent records management institution as having low preservation and utilization value; |
| 3. | Publications issued by a public institution falling under any subparagraph of Article 3. |
| (2) | The registration number of publications shall consist of the mark of a permanent records management institution, institution code of an institution which issues the publication (including the administrative agency code determined by the Minister of the Interior and Safety), registration serial number, and publication type classification mark, and the mark of a permanent records management institution records and publication type classification mark shall be determined by the head of the central records management institution. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | In principle, the mark of a publication registration number provided for in Article 22 (2) of the Act shall be placed on the top left corner of the front cover of a publication in an easily recognizable size, indicating "publication registration number" and marking the publication registration number thereunder. |
| (4) | The head of a public institution shall send the registered publications (including publications not falling under paragraph (1) 1 or 2 among the publications in paragraph (1) 3) to the competent record repository or special record repository and the competent permanent records management institution and the central records management institution under Article 22 (2) of the Act by not later than 15 days after the publication thereof. In such cases, where any electronic file of publication which is published in a non-electronic form exists, it shall be sent together. |
| (5) | The head of a records management institution may destruct all copies of a publication received under paragraph (4) except for one copy for preservation, where such publication becomes useless. <Added on May 4, 2010> |
| Article 56 (Timing of transferring audio-visual records) |
Pursuant to Article 23 of the Act, public institutions shall transfer the audio-visual records which have a retention period of not less than 30 years to the competent permanent records management institutions before five years lapse from the cutoff date; provided, in cases of a public institution equipped with a library and management equipment meeting the standards for preservation facilities and equipment of audio-visual records provided for in Appendix 6, or where the extension of time frame for transfer is deemed necessary due to any extenuating circumstances, the time frame for transfer may be extended up to 10 years from the cutoff date.
| Article 57 (Management of administrative artifacts) |
| (1) | The scope of administrative artifacts that a public institution has to manage under Article 24 of the Act shall be as listed in Appendix 4. |
| (2) | Where a public institution has created, received, or acquired any administrative artifacts referred to in paragraph (1), it shall create and manage a management number and registration number in accordance with the method determined by the head of the central records management institution, and shall submit the relevant list and registration information when reporting on the creation status under Articles 33 and 42. |
| (3) | Where any administrative artifacts have high archival value from among the administrative artifacts the creation status of which has been reported, the head of a permanent records management institution shall designate and manage them as administrative artifacts subject to transfer. |
| (4) | When any grounds occur for the transfer of the administrative artifacts designated as those subject to transfer under paragraph (3), the public institution shall transfer them to the permanent records management institution, and the timing of transfer by type of administrative artifacts shall be as listed in Appendix 5. |
| (5) | Where necessary for the purposes of utilization for performance of duty, exhibition, etc., the head of a public institution may extend the time frame for transfer of the administrative artifacts the timing of transfer of which has arrived, after consultation with the head of the competent permanent records management institution. <Amended on Nov. 30, 2010; Mar. 31, 2020> |
| (6) | Where any administrative artifacts which are not designated as those subject to transfer under paragraph (3) fall under any of the following cases, a public institution may dispose of such administrative artifacts after undergoing the procedures provided for in Article 43 (1): <Added on May 4, 2010> |
| 1. | Where the necessity for permanent preservation is deemed disappeared due to the changes in administrative, historical, cultural, or artistic value; |
| 2. | Where the restoration is impossible due to serious physical damage. |
SECTION 6 Management of Records of Closed Institutions and Compensation for Retrieved Records
| Article 58 (Management of records of closed institutions) |
| (1) | The transfer of records prescribed in the proviso of Article 25 (1) of the Act shall be conducted as follows: <Amended on Sep. 19, 2017> |
| 1. | Where a State agency or a local government agency is converted into a public institution prescribed in Article 3, under Article 25 (1) 1 of the Act: The head of such agency shall transfer records with at least 30 years of retention period to the competent permanent records management institution during the year following the year in which 10 years have elapsed from the cutoff date; |
| 2. | Where a State agency or a local government agency is converted into a civilian institution under Article 25 (1) 1 of the Act: The head of such agency shall transfer all records to the competent permanent records management institution without delay; |
| 3. | Where a public institution prescribed in Article 3 is converted into a civilian institution under Article 25 (1) 2 of the Act: The head of such institution shall transfer records with at least 30 years of retention period which are designated by the head of the competent permanent records management institution to the permanent records management institution without delay. |
| (2) | Deleted. <Sep. 19, 2017> |
| (3) | Where a department that has been operating in a public institution is closed and no department succeeds to its affairs, the head of the relevant public institution shall transfer all of its records to the record repository or special record repository without delay. <Amended on May 4, 2010> |
| (4) | The head of a public institution that is to be closed under Article 25 (2) of the Act shall notify the central records management institution of the transfer plan before it commences the procedure for transferring records, and the head of the institution that succeeds to the closing public institution shall notify the central records management institution of the result of the process upon completion of procedures for taking over the records. <Added on May 4, 2010> |
| Article 59 (Standards for compensation of retrieved records) |
The compensation under the latter part of Article 26 (1) of the Act shall be the amount appraised by a specialized appraisal and assessment institution; however, the head of the central records management institution shall determine it after deliberation by the Committee in cases where no specialized appraisal and assessment institute exists.
SECTION 7 Standards for Facilities and Management of Records Management Institutions
| Article 60 (Standards for preservation facilities, equipment, and environment of records management institutions) |
| (1) | The standards for preservation facilities and equipment that a records management institution shall prepare under Article 28 of the Act shall be as listed in Appendix 6. |
| (2) | Pursuant to Article 28 (2) of the Act, the head of a records management institution shall notify the central records management institution of the status of facilities, equipment, and environment by May 31 of each year, and the head of the central records management institution shall continuously manage whether the standards for facilities, equipment, and environment of a records management institution are observed. |
| Article 61 (Enactment, and amendment of specifications of recording media and materials) |
| (1) | Where the head of the central records management institution intends to enact, amend, or abolish the specifications of recording media and materials under Article 29 (2) of the Act, such decision shall undergo the deliberation by the Committee. In such cases, the expert committee may be requested to deliberate on the matters concerning the standard in advance. |
| (2) | The head of the central records management institution shall publish the specifications confirmed under paragraph (1) in the Official Gazette or through information and communications network. |
| (3) | The authentication of the specifications of a recording medium, material, etc. shall be conducted by the central records management institution; however, part or all of the duty to authenticate them may be performed by entrusting to an authorized institution for specialized test and inspection, in cases where specialized tests are needed. <Amended on May 4, 2010> |
| Article 62 (Measures against disaster and security control of records) |
Pursuant to Article 30 of the Act, the head of a records management institution shall establish and implement security measures by classifying them by the persons with access permit, preservation facilities, computer equipment, records, etc., and shall establish and implement a plan against disasters for records, including the order of priority for evacuation of records, safety regulations for persons on duty, etc.
| Article 62-2 (Additional entry or correction of records) |
| (1) | "Cases prescribed by Presidential Decree" in subparagraph 4 of Article 30-3 of the Act means cases where a person is subject to the public disclosure of a judgment of acquittal by pronouncement of innocence in the retrial under Article 440 of the Criminal Procedure Act. |
| (2) | Where the head of a public institution requests an addition to or correction of records under Article 30-3 of the Act, he or she shall submit a written request stating the reasons, grounds, subjects, etc. of such request to the head of a records management institution that retains such records, as prescribed by Decree of the Ministry of the Interior and Safety. |
| (3) | Upon receipt of a request under paragraph (2), the head of a records management institution shall make additional entry or correction as determined by the head of the central records management institution, where the details of the request fall under the subparagraphs of Article 30-3 of the Act. |
| (4) | Where the head of a records management institution has made an additional entry or correction under paragraph (3), he or she shall notify the head of the public institution that has requested such entry or correction of the results and shall record the following matters and manage them electronically: |
| 1. | The name of the institution that has requested the additional entry or correction; |
| 2. | The reasons for the additional entry or correction; |
| 3. | The details of records before making the additional entry or correction; |
| 4. | The details of the additional entry or correction; |
| 5. | The date of the additional entry or correction; |
| 6. | The name of the person in charge who has made the additional entry or correction. |
[This Article Added on Jul. 5, 2022]
SECTION 8 Evaluation and Inspection of Management Conditions of Records
| Article 63 (Evaluation of management conditions of records) |
| (1) | The head of the central records management institution shall establish and implement a plan for appraisal of management conditions of records of public institutions by January 31 each year after deliberation by the Committee, and shall notify the relevant public institutions of the items, indexes, etc. of the appraisal in advance. <Amended on May 4, 2010> |
| (2) | The head of a Si/Gun/Gu (referring to the head of an autonomous Gu) and the head of a district office of education provided for in Article 34 of the Local Education Autonomy Act shall submit a report on management conditions of records of the relevant institution for the previous year by the end of February each year to the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") or to the superintendent of the office of education of the competent Special Metropolitan City, Metropolitan City, Do, or Special Self-Governing Province (hereinafter referred to as "superintendent of City/Do office of education"). <Amended on May 4, 2010; Jun. 11, 2014> |
| (3) | The head of a central administrative agency, a Mayor/Do Governor, or the superintendent of a City/Do office of education shall submit a report on management conditions of records of the relevant agency for the previous year including the management conditions of records received under paragraph (2) to the head of the central records management institution by March 31 each year. <Amended on May 4, 2010> |
| (4) | Where it is necessary to appraise the management conditions of records of a public institution falling under any subparagraph of Article 3, the head of the central records management institution may request the head of the relevant public institution to submit a report on management conditions of records for the previous year. <Amended on May 4, 2010> |
| (5) | The head of the central records management institution shall appraise the management conditions of records reported each year under paragraphs (3) and (4) and submit a report on the results of such appraisal to the State Council after deliberation of the Committee, and shall officially announce the results thereof. <Amended on May 4, 2010> |
[Title Amended on May 4, 2010]
| Article 64 (Inspection of management conditions of records and measures) |
| (1) | Where necessary to inspect the management conditions of the records of a public institution under Article 19 (8) of the Act, the head of the central records management institution may request the head of the relevant public institution to submit relevant materials, etc. In such cases, the head of the public institution requested to submit materials, etc. shall comply with such request unless there is a compelling reason not to do so. <Amended on Jul. 5, 2022> |
| (2) | The head of a public institution requested to take corrective measures under Article 19 (8) of the Act shall notify the head of the central records management institution of the result of measures taken by the deadline set by the head of the central records management institution; provided, where it is difficult for the head of a public institution to notify the results of measures taken by the relevant deadline, he or she shall submit an action plan for said corrective measures and immediately notify the results of such measures upon completion thereof. <Amended on Jul. 5, 2022> |
[This Article Wholly Amended on May 26, 2020]
| Article 65 Deleted. <Jul. 26, 2007> |
CHAPTER VII MANAGEMENT OF CONFIDENTIAL RECORDS
| Article 66 (Library exclusive for management of confidential records) |
| (1) | Pursuant to Article 32 of the Act, the head of a records management institution shall establish and administer an exclusive library, facilities, equipment, etc. to manage confidential records. |
| (2) | The management personnel exclusively responsible for confidential records referred to in Article 32 of the Act shall be security cleared. In such cases, the person who holds the authority for granting security clearance shall request the Director of the National Intelligence Service for the necessary security measures, such as investigation of reliability, security education, etc. of the management personnel exclusively responsible for confidential records in order to prevent any leakage or outflow of secrets. |
| (3) | The head of a records management institution shall establish and implement the security measures determined by the Director of the National Intelligence Service lest secrets should leak in the course of handling confidential records and information on the management of confidential records, and the Director of the National Intelligence Service may check it. |
| Article 67 (Application of retention period of confidential records) |
| (1) | The retention period of the original of confidential records referred to Article 33 (1) of the Act (hereinafter referred to as "confidential records") shall be determined by the unit of records file or case; however, it shall be governed by the retention period given to the unit task provided for in the records retention schedule under Article 25 (2). |
| (2) | Where the protection period of confidential records is changed, the retention period shall be redetermined for a period of time longer than the changed protection period. |
| Article 68 (Transfer of confidential records) |
| (1) | The confidential records that have been created by a public institution under Article 33 (1) of the Act shall be transferred to the record repository or special record repository when any of the following causes occur: |
| 1. | Where they are reclassified as an ordinary document; |
| 2. | Where the period of protection of confidentiality is terminated by a written advance notice; |
| 3. | Where 30 years pass since the creation thereof. |
| (2) | The head of a record repository or special record repository shall transfer the confidential records the retention period of which is not less than 30 years from among the records received under paragraph (1) in accordance with the schedule determined by the relevant permanent records management institution within the year following the year in which they are received; provided, as for the received records for which 10 years have not passed from the cutoff date, they shall be preserved by the record repository or record repository for the remaining period of time. |
| (3) | Notwithstanding paragraph (2), a public institution falling under any subparagraph of Article 3 shall preserve records directly; provided, as for the records designated by a permanent records management institution for their significant national archival value, they shall be transferred to the competent permanent records management institution. |
| (4) | Confidential records that have not been created in an electronic form shall be transferred under Article 33 (2) of the Act by putting them inside a sealed envelope by case or volume. |
| (5) | The procedures for the transfer of confidential records that have been reclassified as an ordinary document shall be subject to Article 32 or 40. <Amended on May 4, 2010> |
| (6) | The head of a permanent records management institution may reclassify the records falling under any of the following subparagraphs from among the confidential records managed by the institution: |
| 1. | Confidential records for which 30 years have passed from the cutoff date; provided, as for confidential records for which the period of protection of confidentiality remains in accordance with a written advance notice, approval from the institution that has created such records shall be obtained; |
| 2. | Where the institution that has created such records is closed and the period of protection of confidentiality of the confidential records is terminated while it is unclear which institution will be succeeding to its functions. |
| Article 69 (Management of table of standards for records management concerning confidential information) |
Where any confidential contents are included in the unit task provided for in the records retention schedule under Article 25, the relevant public institution shall designate such unit task as confidential and manage it separately so that the contents thereof are not revealed under Article 18 of the Act.
| Article 70 (Arrangement of confidential records) |
| (1) | Where any confidential records have been declassified as an ordinary document, the relevant public institution shall manage them by filing them in the records file created in the relevant unit task provided for in the records retention schedule under Article 18 of the Act; provided, where no relevant records file exists or where separate management by unit of individual records is necessary, such confidential records may be deemed as a records file and managed accordingly. |
| Article 71 (Management of status of creation of confidential records) |
| (1) | Pursuant to Article 34 of the Act, the head of a public institution shall notify the head of the competent record repository or special record repository of the current status of the creation, declassification, and reclassification of confidential records for the previous year in the form prescribed by Decree of the Ministry of the Interior and Safety by May 31 of each year, and the head of the record repository or special record repository shall notify the head of the competent permanent records management institution by August 31 of each year. <Amended on Feb. 29, 2008; May 4, 2010; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The head of a public institution shall prepare and manage a list of confidential records included in the current status of creation referred to in paragraph (1) in the form prescribed by Decree of the Ministry of the Interior and Safety, and shall notify the head of the competent record repository or special record repository of the list by May 31 of the year following the year when three years pass since it has been created. In such cases, where any confidential information is included in the title of the list of confidential records, he or she may submit the list after deleting the relevant information. <Amended on Feb. 29, 2008; May 4, 2010; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | The head of a record repository or special record repository shall notify the head of the competent permanent records management institution of the records with a retention period of at least 30 years in the list of confidential records notified under paragraph (2) by August 31 of each year. <Amended on May 4, 2010> |
| (4) | The head of the central records management institution may request the heads of local records management institutions to notify the current status of the creation, declassification, and reclassification of confidential records relating to the affairs delegated by the State whose retention period is at least 30 years. |
| (5) | The head of a permanent records management institution shall store and manage the list of confidential records separately in a computer equipment exclusive for confidential records from among information relating to the current status of creation, declassification, and reclassification notified under Article 34 of the Act. In such cases, the relevant list shall be managed as confidential until the protection period of the relevant records terminates. |
CHAPTER VIII DISCLOSURE, PERUSAL, AND UTILIZATION OF RECORDS
| Article 72 (Classification as to disclosure of records) |
| (1) | Where a public institution reclassifies whether records are to be disclosed under Article 35 (1) of the Act and transfers them to the competent records management institution, it shall classify whether records are to be disclosed by unit of case or by page and submit the reasons for non-disclosure in the case of confidential records. <Amended on Aug. 29, 2016> |
| (2) | The head of a records management institution shall manage the records being preserved in the relevant management by classifying them according to whether to be disclosed. |
| (3) | The head of a public institution who needs to extend the period for non-disclosure under Article 35 (4) of the Act shall submit the time frame, reason, etc. for the extension to the head of the competent permanent records management institution by the end of the previous year of the year in which 30 years pass from the cutoff date of the relevant confidential records. |
| (4) | Where a public institution submits an opinion to keep confidentiality in response to the request for its opinion as to whether to disclose under Article 35 (5) of the Act, the opinion shall include the reason for non-disclosure and the time frame for possible disclosure, etc. In such cases, when an institution that has created the records is inquired of its opinion by a request for disclosure of information, it shall submit its opinion within seven days. |
| (5) | The head of a records management institution shall post a list of records to be disclosed under Article 35 of the Act on the website, etc. of the competent records management institution. <Amended on Aug. 29, 2016> |
| Article 73 (Procedures for restricted access to confidential records) |
| (1) | Where a person intends to inspect confidential records under Article 37 (1) of the Act, he or she shall file an application for the access to confidential records, stating the following matters: <Amended on May 4, 2010> |
| 1. | Name, resident registration number, affiliation, address, and contact information (referring to telephone number, email address, etc.) of the applicant; |
| 2. | Records subject to the application for access and purpose of the application; |
| 3. | Consent to the use of such records only for the purpose stated in the application for access. |
| (2) | The head of a permanent records management institution may request the related data that can verify the purpose of application. |
| (3) | The head of a permanent records management institution shall determine whether restricted access is available and notify the applicant thereof within 10 days from the date of application; provided, where consideration of an opinion from the institution that has created the records and deliberation by the Records Disclosure Council established under Article 38 of the Act (hereinafter referred to as "Records Disclosure Council"), etc. are necessary, he or she may postpone the determination of restricted access up to 10 days. In such cases, the head of the permanent records management institution shall notify the applicant of such fact. |
| (4) | Where an applicant has an objection to the determination of a permanent records management institution, he or she may submit an application for re-examination within seven days and the head of the permanent records management institution shall make re-determination at a meeting of the Records Disclosure Council within seven days. |
| (5) | An application for access or for reexamination under paragraphs (1) and (4) shall be filed in the form prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 74 (Composition of Records Disclosure Council) |
| (1) | Four members of the Records Disclosure Council shall be commissioned from among civilians and three members shall be appointed from among affiliated public officials. |
| (2) | The chairperson of the Records Disclosure Council shall be commissioned by the head of a permanent records management institution from among the civilian members. |
| (3) | Meetings of the Records Disclosure Council shall be called at the request of the head of a permanent records management institution, held with the attendance of a majority of all the incumbent members, and pass resolutions with the consent of a majority of the members present. |
| (4) | The head of a permanent records management institution may pay allowances, travel expenses, and other necessary expenses within the budget to the commissioned members of the Records Disclosure Council. |
| (5) | Other matters necessary for the operation of the Records Disclosure Council shall be determined by the chairperson after a resolution of the Records Disclosure Council. |
| Article 74-2 (On-line search and inspection of preserved records) |
The head of any permanent records management institution may provide on-line services so that public institutions can directly search and inspect records preserved by the relevant institution.
[This Article Added on Sep. 19, 2017]
| Article 74-3 (Borrowing of records) |
| (1) | The head of a permanent records management institution may, upon receipt of a request from a public institution to borrow records being preserved for the purpose of exhibition, utilization at work, etc. lend them. |
| (2) | Where a public institution intends to exhibit records it has borrowed under paragraph (1), it shall comply with standards for exhibition environment determined by the head of the central records management institution. |
[This Article Added on Mar. 31, 2020]
CHAPTER IX STANDARDIZATION AND SPECIALIZATION OF RECORDS MANAGEMENT
| Article 75 (Procedures for enactment, amendment, and abolition of records management standards) |
| (1) | The head of the central records management institution shall devise a standardization plan for enactment and implementation of records management standards relating to the matters specified in the subparagraphs of Article 39 of the Act, and shall prepare proposals for enactment, revision, and abolishment of the standards. |
| (2) | The plans for the enactment, amendment, and abolishment of the records management standards provided for in paragraph (1) shall undergo a deliberation by the Committee after hearing the opinions of the interested persons by publishing the contents thereof in the Official Gazette or on the website, etc. for 20 days. In order to assist the deliberation of the Committee, the head of the central records management institution may request the expert committee of the Committee related to records management standards to make prior deliberation. <Amended on May 4, 2010> |
| (3) | Where the matters concerning the records management standards that have been deliberated upon by the Committee under paragraph (2) becomes subject to follow the procedures for the enactment, amendment, and abolition of the records management standards prescribed by other Act, the head of the central records management institution shall make them follow the procedures prescribed by such Act. |
| (4) | The plans for the enactment, amendment, and abolition of the records management standards that have been deliberated upon under paragraphs (2) and (3) shall be published in the Official Gazette or on the website, etc. <Amended on May 4, 2010> |
| Article 76 Deleted. <May 4, 2010> |
| Article 77 (Expansive dissemination of records management standards) |
The head of the central records management institution shall implement the matters necessary for expanding dissemination of the records management standards from among the matters in the following subparagraphs: <Amended on May 4, 2010>
| 1. | Public hearings on the records management standards subject to be enacted, amended, or abolished; |
| 2. | Education on the records management standards which have been enacted or amended; |
| 3. | Development and dissemination of the means of assistance in implementing the records management standards; |
| 4. | Operation of procedures for appraisal of appropriateness on the result of implementing the records management standards; |
| 5. | Operation of procedures for examining whether the performance of the records management standards is being kept continuously; |
| 6. | Cooperation with the relevant agencies concerning the records management standards. |
| Article 78 (Qualification for and placement of records management specialist) |
| (1) | Any of the following persons shall be qualified as a records management specialist under Article 41 (2) of the Act: <Amended on Feb. 29, 2008; Dec. 31, 2008; Feb. 22, 2011; Mar. 23, 2013; Sep. 13, 2013; Nov. 19, 2014; Jul. 26, 2017; Mar. 31, 2020> |
| 1. | A person who has obtained a master's degree or higher in records management; |
| 2. | Any of the following persons who have passed a qualifying examination for records management specialists conducted by the Minister of the Interior and Safety after completing the education course in records management prescribed by Decree of the Ministry of the Interior and Safety: |
| (a) | A person who has obtained a bachelor's degree in records management; |
| (b) | A person who has obtained a bachelor's degree or higher in history or library and information science; |
| 3. | Deleted; <Sep. 13, 2013> |
| 4. | Deleted; <Sep. 13, 2013> |
| 5. | Deleted. <Sep. 13, 2013> |
| (2) | A records management institution shall employ records management specialists who shall be responsible for the transfer, evaluation, classification, arrangement and description, disposal, preservation, etc. of records, in at least one quarter (at least one person in cases where 1/4 is less than one person) of its staff members, and other experts necessary for the management of records. <Amended on May 4, 2010> |
| (3) | Matters necessary for the subjects, method, etc. of the qualifying examination for records management specialists conducted by the Minister of the Interior and Safety under paragraph (1) 2 shall be prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Feb. 22, 2011; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (4) | Deleted. <Sep. 13, 2013> |
| (5) | The Minister of the Interior and Safety shall issue a certificate of a records management specialist to a person meeting the qualification requirements of a records management specialist under paragraph (1), as prescribed by Decree of the Ministry of the Interior and Safety. <Added on Sep. 13, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (6) | Against a person who cheated on the qualifying examination for records management specialists, the Minister of the Interior and Safety may suspend the examination, make the examination void, or cancel the decision of passing the examination, and may bar such person from applying for the examination for two years from the date of such disposition. <Added on Sep. 13, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 78-2 (Special cases concerning records management specialists in military agencies) |
Notwithstanding Article 78, a service person or civilian military employee meeting the standard prescribed by the Minister of National Defense, who has completed an education course in records management prescribed by Decree of the Ministry of the Interior and Safety (limited to a person who has completed the course before February 29, 2024) and who works in a record repository or special record repository established under Article 10 (1) 8 and 9, shall be deemed qualified as a records management specialist under Article 78 (1) and may perform the duties of records management specialists under Article 78 (2). <Amended on Nov. 19, 2014; Jul. 26, 2017; Feb. 26, 2019> [This Article Added on Sep. 13, 2013]
| Article 79 (Education and training for records management) |
| (1) | The head of the central records management institution shall provide the following education and training for records management (hereinafter referred to as "education and training for records management") under Article 42 of the Act: <Amended on Jul. 5, 2022> |
| 1. | Education and training specialized in records management: Education and training for persons engaged in records management, persons who support the construction and operation of the electronic records creation system, records management system, and permanent records management system, and others; |
| 2. | General education and training for records management: Education and training of public officials, executives and employees of public institutions, and owners, managers, etc. of State-designated records; |
| (2) | The head of the central records management institution may provide records management institutions with assistance necessary for education and training for records management, such as instructors, curriculum, and teaching materials. <Amended on Jul. 5, 2022> |
| (3) | The head of the central records management institution shall formulate and implement regulations on education and training to provide education and training for records management. <Added on Jul. 5, 2022> |
| (4) | Where necessary, the head of the central records management institution may entrust the education and training of persons subject to education and training for records management to a domestic or foreign educational institution of records management, in consultation with the heads of the institutions to which such persons belong. <Amended on Jul. 5, 2022> |
| (5) | Employees of a records management institution who are not records management specialists shall complete such education and training courses specialized in records management as are determined by the head of the central records management institution before they are assigned, or before six months pass after they are assigned to the records management institution. <Added on Sep. 13, 2013; Jul. 5, 2022> |
[Title Amended on Jul. 5, 2022]
CHAPTER X COLLECTION AND MANAGEMENT OF PRIVATE RECORDS
| Article 80 (Establishment of private records management system) |
| (1) | In order to designate or collect private records and important archival information and data deemed worthy of permanent preservation on a national level as State-designated records under Articles 43 through 46 of the Act, the head of the central records management institution shall establish a management system, such as research on the actual conditions, construction, etc. of database on information location. |
| (2) | The head of the central records management institution shall make sure that private records which have been designated as State-designated records under Article 43 (1) of the Act, and important archival information and data and private records collected under Article 46 (1) of the Act are utilized as knowledge information resources. |
| Article 81 (Procedures for designation or revocation of designation as State-designated records) |
| (1) | Where the head of the central records management institution intends to designate any private records as State-designated records or to revoke such designation under Article 43 (1) or (6) of the Act, he or she may assign a public official under his or her control to examine the archival value, etc. of such records and request relevant experts to review the results of such examination. |
| (2) | A person who intends to apply for the designation of State-designated records or the revocation thereof under Article 43 (2) or (6) of the Act shall submit a written application to the central records management institution, as prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Where the head of the central records management institution intends to designate any private records as State-designated records under Article 43 (1) of the Act, he or she shall give prior notice of an agenda item through the Official Gazette or information and communications network for at least 30 days before making the deliberation thereon by the Committee. |
| (4) | The Committee shall deliberate on whether to designate any private records as State-designated records or to revoke such designation by referring to the results of examination acquired under paragraph (1) and prior notice given under paragraph (3). |
| (5) | When the head of the central records management institution intends to designate any private records as State-designated records or revokes such designation, he or she shall publish such intention in the Official Gazette or publicly notify through information and communications network, and shall make registration thereof as prescribed by Decree of the Ministry of the Interior and Safety and inform such fact to the owner or manager thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 82 (Management of changes in State-designated records) |
Where any change falling under any of the subparagraphs of Article 44 of the Act occurs in the course of managing State-designated records, the owner or manager of such records shall report the change to the head of the central records management institution within 30 days from the date the change occurs, as prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; May 20, 2025>
| Article 83 (Management of State-designated records) |
| (1) | The head of the central records management institution shall examine the changes in the management of State-designated records at least once a year, and shall check the preservation conditions thereof at least once every two years. |
| (2) | Where the owner or manager of State-designated records applies for the entrusted preservation of records under Article 45 (2) of the Act, the President of the National Archives of Korea shall issue the applicant with a certificate of entrusted preservation after receiving such records. |
| (3) | A period of entrustment shall be determined by the head of the central records management institution through consultation with the owner or manager of State-designated records, and may be extended following consultation with the owner or manager of the State-designated records after the period of entrustment expires. |
| (4) | When the owner or manager intends to retrieve the entrusted records before the period of entrustment expires, he or she shall submit an application as prescribed by Decree of the Ministry of the Interior and Safety, and the President of the National Archives of Korea shall retrieve the certificate issued under paragraph (2) simultaneously with the return of such records. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (5) | Whether to disclose the State-designated records preserved under entrustment shall be determined following the opinions of the owner thereof. |
| Article 84 (Collection of important archival information and data) |
| (1) | Where it is deemed necessary to effectively collect important archival information and data or private records located in the Republic of Korea or overseas under Article 46 (1) of the Act, the head of the central records management institution may commission records investigation commissioners and advisory commissioners. In such cases, the expenses and allowances needed for the collection of records may be paid to the records investigation commissioners and advisory commissioners within the budget. |
| (2) | Where a motion picture production business operator or terrestrial broadcasting business operator is requested to send the original or copy of a motion picture or broadcasting program under Article 46 (3) and (4) of the Act, he or she shall send it to the central records management institution within three months from the date of such request; however, he or she may extend the deadline for sending it up to three months after consultation with the central records management institution. |
| Article 85 Deleted. <May 4, 2010> |
ADDENDA<Presidential Decree No. 19985, Apr. 4, 2007>
Article 1 (Enforcement date)
This Decree shall enter into force on April 5, 2007.
Article 2 (Transitional measures concerning establishment of records management systems of National Intelligence Service)
Notwithstanding the amended provisions of Article 4 (2), the National Intelligence Service may manage records according to the former examples until December 31, 2008. Article 3 (Transitional measures concerning standards for classification)
| (1) | Notwithstanding the amended provisions of Articles 22, 23, and 25, central administrative agencies may classify records according to previous practices until December 31, 2007, and offices of education may do so until December 31, 2012. <Amended on May 4, 2010; Nov. 4, 2014> |
| (2) | Notwithstanding the amended provisions of Articles 22, 23, and 25, a local government or a public institution, which has yet to adopt an electronic records creation system under which records are classified by processing division or by unit task, may classify records based on the former examples until December 31, 2017. <Added on Nov. 4, 2014> |
Article 4 (Transitional measures concerning examination of records)
Notwithstanding the amended provisions of Article 43 (1), the public officials in general service, public officials in specific service, or public officials in special service engaged in the duties of records management in the record repository or special record repository may take charge of the duty of examining records up until the time when a specialist in the records management under Article 5 of Addenda is posted. Article 5 (Transitional measures concerning posting of records management specialists)
Notwithstanding the amended provisions of Article 78 (1), records management specialists having the qualifications under Article 78 (1) shall be posted by no later than December 31, 2007 in the case of records management institutions of the Metropolitan City, Do, Special Self-Governing Province, the offices of education of City/Do and Special Self-Governing Province; by no later than December 31, 2008 in the cases of basic local governments or regional offices of education where the population of the relevant administrative district is at least 150,000, or the number of students is at least 70,000; by no later than December 31, 2009 in the case of other basic local governments or other regional offices of education; by no later than December 31, 2010 in the case of record repositories established at the relevant agencies of the central administrative agencies; by no later than the end of 2011 in the case of the records management institutions of other public institutions. Article 5-2 (Transitional measures concerning retention period)
Records, the retention period of which is 20 years possessed by public institutions as at the time this Decree enters into force, shall be deemed records the retention period of which is 30 years under the amended provisions of Article 26 (1).
ADDENDA <Presidential Decree No. 20171, Jul. 18, 2007>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20191, Jul. 26, 2007>
Article 1 (Enforcement date)
This Decree shall enter into force on Jul. 28, 2007.
ADDENDA <Presidential Decree No. 20741, Feb. 29, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 20789, May 21, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on May 26, 2008.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 21473, May 6, 2009>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22148, May 4, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on May 5, 2010.
Article 2 (Applicability)
The amended provisions of Article 58 (2) shall apply from the first case where an institution of the State agency or a local government is converted into a civilian institution after this Decree enters into force.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on May 5, 2010.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 22508, Nov. 30, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22673, Feb. 22, 2011>
Article 1 (Enforcement date)
This Decree shall enter into force three months after the date of its promulgation; provided, the part concerning the examination for records management specialists in the amended provisions of Article 78 (1) 2 shall apply from the date on which one year lapses after the promulgation of this Decree. Article 2 (Transitional measures concerning records management specialists)
| (1) | A person who has completed or is undergoing an education course in records management prescribed by the Minister of Public Administration and Security under the former provisions of Article 78 (1) 2 at the time this Decree enters into force shall be governed by the former provisions, notwithstanding the amended provisions of Article 78 (1) 2. |
| (2) | A person who has completed or is undergoing an education course in records management under any of the former provisions of Article 78 (1) 3 through 5 at the time this Decree enters into force shall be deemed a person who has completed or is undergoing an education course in records management under the relevant amended provisions of Article 78 (1) 3 through 5. |
ADDENDA <Presidential Decree No. 22940, May 30, 2011>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23091, Aug. 22, 2011>
Article 1 (Enforcement date)
This Decree shall enter into force on Aug. 31, 2011.
ADDENDA <Presidential Decree No. 23383, Dec. 21, 2011>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
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, among the Presidential Decrees amended according to Article 6 of Addenda, the amended part of a Presidential Decree, which was promulgated before this Decree enters into force but the enforcement date of which has not arrived yet, shall enter into force on the date of the promulgation of the relevant Presidential Decree.
ADDENDA <Presidential Decree No. 24723, Sep. 13, 2013>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional measures concerning records management specialists)
Any person who has completed or is in the course of completing education in records management prescribed by Decree of the Ministry of the Interior and Safety under the former provisions of Article 78 (1) 3 through 5 at the time this Decree enters into force shall be governed by the former provisions, notwithstanding the amended provisions of Article 78 (1) 3 through 5.
ADDENDA <Presidential Decree No. 25375, Jun. 11, 2014>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25693, Nov. 4, 2014>
This Decree shall enter into force on the date of its promulgation; provided, the amended provisions of the latter part of Article 18 (2) shall enter into force one year after the date of its promulgation.
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, among the Presidential Decrees amended according to Article 5 of Addenda, the amended part of a Presidential Decree, which was promulgated before this Decree enters into force but the enforcement date of which has not arrived yet, shall enter into force on the date of the promulgation of the relevant Presidential Decree.
ADDENDA <Presidential Decree No. 25985, Jan. 6, 2015>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 26126, Mar. 3, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 26791, Dec. 30, 2015>
Article 1 (Enforcement date)
This Decree shall enter into force on Jan. 18, 2016. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 26922, Jan. 22, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on Jan. 25, 2016.
ADDENDA <Presidential Decree No. 27103, Apr. 26, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27460, Aug. 29, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, the amended provisions of Article 36 (1) shall enter into force on January 1, 2018. Article 2 (Transitional measures concerning preservation of electronic records by records repository or special records repository)
Notwithstanding the amended provisions of Article 36 (1), the previous provisions shall apply to the preservation of electronic records, the acquisition of which has been completed by a record repository or special record repository before the enforcement date prescribed in the proviso of Article 1 of the Addenda and the results of completion of acquisition under Article 35 (5) are notified before the enforcement date prescribed in the proviso of Article 1 of the Addenda.
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, where any Presidential Decree amended by Article 8 of this Addenda has been promulgated but is yet to enter into force by the time this Presidential Decree enters into force, amendments to such Presidential Decree shall enter into force on the enforcement date of such relevant Presidential Decree.
ADDENDUM <Presidential Decree No. 28303, Sep. 19, 2017>
This Decree shall enter into force on September 22, 2017.
ADDENDUM <Presidential Decree No. 29563, Feb. 26, 2019>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 30584, Mar. 31, 2020>
This Decree shall enter into force on the date of its promulgation; provided, the amended provisions of subparagraph 3 of Article 3, Articles 25 (6), and 34-3 shall enter into force 6 months after the date of its promulgation, and the amended provisions of Appendix 6 shall enter into force 1 year after the date of its promulgation.
ADDENDUM <Presidential Decree No. 30700, May 26, 2020>
This Decree shall enter into force on June 4, 2020.
ADDENDUM <Presidential Decree No. 30833, Jul. 14, 2020>
This Decree shall enter into force on July 15, 2020.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
ADDENDUM <Presidential Decree No. 32223, Dec. 16, 2021>
Article 1 (Enforcement date)
This Decree shall enter into force on January 13, 2022. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 32558, Mar. 29, 2022>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 32772, Jul. 5, 2022>
Article 1 (Enforcement date)
This Decree shall enter into force on July 12, 2022.
Article 2 (Applicability to preservation of electronic records by records repository or special records repository)
The amended provisions of Article 36 (1) and (3) shall also apply to electronic records taken over by the head of a records repository or special record repository before this Decree enters into force. Article 3 (Applicability to retention and management of electronic records by permanent records management institutions)
The amended provisions of Article 46 (2) shall also apply to electronic records taken over by permanent records management institutions before this Decree enters into force. Article 4 (Transitional measures concerning education courses for records management)
Where an employee of a records management institution has completed such education courses for records management as are determined by the head of the central records management institution under the previous provisions of Article 79 (4) before this Decree enters into force, he or she shall be deemed to have completed such education and training courses specialized in records management as are determined by the head of the central records management institution under the amended provisions of Article 79 (5).
ADDENDA <Presidential Decree No. 33575, Jun. 27, 2023>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 34487, May 7, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on May 17, 2024.
ADDENDA <Presidential Decree No. 35506, May 20, 2025>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional measures concerning the designation of records for office use)
Records for office use designated under the previous provisions of Article 31 (1) before the enforcement of this Decree shall be deemed records for office use designated under the amended provisions of Article 31 for 1 year from the enforcement date of this Decree; provided, an application for designation of such records for office use under the amended provisions of Article 31 shall be filed by March 31, 2026.